SCANNED Doc# 20040100030 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CASTLE WOOD FOREST SUBDIVISION (superseding and replacing prior covenants) THE STATE OF TEXAS § VOL10724 PG1056 COUNTY OF BEXAR § LAD PROPERTIES, INC. and F & K PROPERTIES, INC., Texas corporations, created a Subdivision known as Castle Wood Forest Subdivision ("Subdivision") by recording a Restrictive Covenants and Conditions for LAD Properties, Inc. in Volume 1014, Page 818, Deed Records of Bexar County, Texas, and Declaration of Easements, Restrictions, Covenants, and Conditions recorded in Volume 1139, Page 696, Deed Records of Bexar County, Texas, (collectively "Declaration") covering the property more particularly described therein; and The Parties hereto representing not less than seventy-five percent (75%) of the Owners wish to amend the Declaration as permitted in Section 5.C. as evidenced by their signatures below; and for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Declaration is hereby AMENDED and REVISED in the following respects, effective immediately: ARTICLE I DEFINITIONS The following words when used in this Amended and Restated Declaration shall have the following meanings: (A) "Association" shall mean and refer to CASTLE WOOD FOREST HOMEOWNERS' ASSOCIATION, a Texas non-profit corporation, its successors and assigns, which has the power, duty and responsibility of maintaining and administering the Common Area and administering and enforcing the restrictive covenants contained in this Amended and Restated Declaration. The Association is a "property owners association" as that term is defined in Texas Property Code $202.001(2).
d enforcing the restrictive covenants contained in this Amended and Restated Declaration. The Association is a "property owners association" as that term is defined in Texas Property Code $202.001(2).
(B). "Subdivision Plat" shall mean and refer to the map or plat of CASTLE WOOD FOREST SUBDIVISION, filed for record in Volume 7900, Page 109, and Volume 8200, Page 227, of the Deed Records of Bexar County, Texas.
(C) "Lot" shall mean and refer to any of the plots of land as shown on the Subdivision Plat.
(D) "Living Unit" shall mean and refer to a single family residence situated on a Lot.
(E) "Single Family" shall mean and refer to a group related by blood, adoption, or marriage or a number of unrelated roommates equal to the number of bedrooms in a Living Unit.
(F) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or portion of a Lot, within the Properties, including contract sellers.
(G) "Common Area" shall mean and refer to Lot 1, Block I, CASTLE WOOD FOREST SUBDIVISION, as shown on the Subdivision Plat. (including improvements) which is owned by the Association for the common use and enjoyment of the Owners, and Perpetual Easements on Lot 23, Block 10 and Lot 24, Block 3, NCB 16968, CASTLEWOOD FOREST, UNIT 1, all shown on plat recorded in Volume 7900, Page 109, Deed and Plat Records of Bexar County, Texas.
(H) "Resident" shall mean and refer to each Owner who resides within the Subdivision, a bona fide lessee who has an enforceable lease agreement with an Owner and who resides in the Subdivision, and any individual who is otherwise lawfully domiciled in a Living Unit.
(I) "Member" shall mean and refer to all those Owners who are members of the Association as provided herein.
n the Subdivision, and any individual who is otherwise lawfully domiciled in a Living Unit.
(I) "Member" shall mean and refer to all those Owners who are members of the Association as provided herein.
(J) "Board of Directors" and "Board" shall mean and refer to the Board of Directors of Castle Wood Forest Homeowners' Association, Inc., the election and procedures of which are set forth in the Articles of Incorporation and By-laws of the Association. The Board of Directors shall be the elected body having its normal meaning under the Texas non-profit corporate law.
(K) "Vote" shall mean 2/3rds of the votes received, in person or by proxy, unless otherwise indicated.
ARTICLE II PROPERTY RIGHTS Every Owner shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (A) The right of the Association to suspend an Owner's voting rights and use of the recreational facilities for any period during which any assessment of the Association against that Owner's Lot remains unpaid, and for infractions by an Owner of the restrictive covenants contained in this Amended and Restated Declaration and/or the Association's rules and regulations for the duration of the infraction, after notice and hearing are afforded to Owners, pursuant to Texas Property Code Chapter 209; (B) the right of the Association to grant easements in and to the Common Areas to any public agency, authority or utility for such purposes as benefits the Subdivision and the Owners or Lots; (C) the right of the Association to borrow money for the purpose of improving the Common
o any public agency, authority or utility for such purposes as benefits the Subdivision and the Owners or Lots; (C) the right of the Association to borrow money for the purpose of improving the Common Area, or any portion thereof, for acquiring additional Common Area, or for constructing, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a mortgage conveying all or any portion of the Common Area, if approved by a Vote; provided however, the lien and encumbrance of any such mortgage given by the Association shall be subject and subordinate to any and all rights, interests, options, easements, and privileges reserved or established in this Amended and Restated Declaration for the benefit of the Owners, or the holder of any mortgage irrespective of when executed, encumbering any Lot; (D) the right of the Association to dedicate or transfer all or any portion of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be 2 VOL10724 PG1057 VOL10724 PG1058 agreed to by the Members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by Vote; and (E) the right of the Association to prescribe rules and regulations as they may be expanded, amended or otherwise modified. Each Owner, by acceptance of a deed, acknowledges and agrees that the use and enjoyment and marketability of the Owner's Lot may be affected by this provision and that the rules and regulations may change from time to time.
ARTICLE III ARCHITECTURAL CONTROL In order to protect the overall integrity of the Subdivision as well as the value of
y this provision and that the rules and regulations may change from time to time.
ARTICLE III ARCHITECTURAL CONTROL In order to protect the overall integrity of the Subdivision as well as the value of improvements of all Owners, the Board of Directors shall carry out all duties as noted herein with full authority to approve and disapprove and control all construction, development and improvement activities of any kind, including, but not limited to, structures and buildings, including mailboxes, within the Subdivision and to insure that all such activities are constructed in accordance with good workmanship-like manners and standard industry trade practices and to insure that all improvements are architecturally, aesthetically and ecologically designed to be compatible with the overall scheme of the Subdivision.
The Board shall review all plans, specifications and other information which is submitted for compliance with all the requirements of this covenant and for the compatibility of any improvements therein with the architectural, aesthetic and ecological goals of the Subdivision, it being the intent that such goals require that all improvements be compatible with all other improvements in the Subdivision and that they be in harmony with their natural surroundings. The Board shall have full right and authority to utilize its sole discretion in approving or disapproving any plans and specifications which are submitted. In the event the Board fails to approve submitted plans or to request additional information reasonably required within forty-five (45) days after submission, the plans shall be deemed approved.
The Board of Directors may disapprove the construction or design of any improvement on
information reasonably required within forty-five (45) days after submission, the plans shall be deemed approved.
The Board of Directors may disapprove the construction or design of any improvement on purely aesthetic grounds where, in its sole judgment, such disapproval is required to protect the continuity of design or value of the Subdivision, or to preserve the serenity and natural beauty of any surroundings. Prior approvals and/or disapprovals of the Board pertaining to any improvement activities or regarding matters of design or aesthetics shall not be deemed binding upon the Board for later requests for approval if the Board feels that the repetition of such matters will have an adverse effect on the Subdivision. The Board of Directors shall have the express power to construe and interpret any covenant herein that may be capable of more than one construction.
The Board shall have the authority to employ professional consultants at the expense of the Association to assist it in performance of its duties. The decision of the Board of Directors shall be final, conclusive and binding upon the applicant.
ARTICLE IV RESTRICTIVE COVENANTS FOR USE OF LOTS (A) Single Family Residential Purpose. All Lots in the Subdivision shall be used for single family residential purposes only.
(B) Accessory Buildings. Every accessory building and/or structure, inclusive of such 3 VOL 10724 PG1059 structures as a storage building, gazebo, spa, swimming pool, greenhouse or children's playhouse, shall be compatible with the Living Unit to which it is appurtenant in terms of its design and material composition. All such accessory buildings shall be subject to approval of the Board. In no instance
ll be compatible with the Living Unit to which it is appurtenant in terms of its design and material composition. All such accessory buildings shall be subject to approval of the Board. In no instance shall an accessory building exceed on (1) story in height nor shall the total floor area of an accessory building exceed ten percent (10%), individually or in the aggregate, of the floor area of the Living Unit.
(C) Fences. No fence or wall shall be built or maintained forward of the front wall line, nor any hedge planted or maintained forward of the front setback line, of the main structure, not including decorative walls or fences which are part of the architectural design of the main structure, and which are not to be built or maintained nearer than the building setback line of any Lot unless otherwise approved in writing by the Board. All fences or walls located on his respective lots are to be maintained at owners expense. All fences shall be of the following composition: all masonry, brick, wood or other material approved by the Board. No fence, wall or hedge or shrub planting which obstructs sight lines at elevations between three (3) and six (6) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area as formed by the street right-of-way lines and a line connecting them at points ten feet (10') from the intersection of the street right-of-way lines, or in the case of a rounded property corner, from the intersection of the street right-of-way lines as extended. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
nes as extended. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
(D) Temporary structures. No structure of a temporary character (sales structure, trailer, tent, shack, garage, barn or other accessory buildings) shall be used on any Lot at any time for storage or as a residence, either temporarily or permanently. No trailer, camper, recreational vehicle, or similar vehicles shall at any time be parked in view of any other Lot or Living Unit or connected to utilities situated within a Lot, unless approved in writing by the Board of Directors. No prefabricated dwelling or building previously constructed elsewhere may be placed or maintained on any Lot. No modular, manufactured, prefabricated or mobile home, whether or not the wheels have been removed, may be placed or maintained on any Lot. All structures of a temporary character must be approved by the Board of Directors.
(E) Signs. No signs, banners, or pennants of any kind shall be displayed to the public view on any Lot except one (1) sign of not more than five (5) square feet advertising the property for rent or sale. Signs advertising subcontractors or suppliers are specifically prohibited except during work in progress and must be removed upon completion. Distressed, foreclosure and bankruptcy references are specifically prohibited. Political signs may be erected upon a Lot advocating the election of one or more political candidates or the sponsorship of a political party, issue or proposal, provided that such signs shall not be erected more than 90 days in advance of the election to which
tion of one or more political candidates or the sponsorship of a political party, issue or proposal, provided that such signs shall not be erected more than 90 days in advance of the election to which they pertain and are removed within 15 days after the election. Except for signs advertising a Lot or Living Unit for sale and adhering to the standards of this Article, all signs within the Properties shall be subject to the prior written approval of the Board The Association or its agents shall have the right to remove any signs, billboard or other advertising structure that does not comply with the above, and in doing so shall not be subject to any liability for trespass or any other liability in connection with such removal.
(F) Maintenance of Lot and Easement Area. The Owners or occupants of all Lots shall at VOL 10724 PG1060 all times keep weeds and grass thereon cut in a satisfactory, healthful and attractive manner. By the acceptance of a deed of any one or more of the Lots covered hereunder, the Owner covenants and agrees to keep and maintain in a neat and clean condition that portion of the easement line adjacent to such Lot and extending to the centerline of such easement, including the keeping of weeds or grass mowed within such area. Fences must be repaired and maintained and no objectionable or unsightly usage of Lots will be permitted which is visible to public view. Building materials shall not be stored on any Lot, and any excess materials not needed for construction and any building refuse shall promptly be removed from each Lot. The Association may, at its option, have the grass, weeds and vegetation cut when and as often as the same is necessary in its judgment, and have dead trees, shrubs
promptly be removed from each Lot. The Association may, at its option, have the grass, weeds and vegetation cut when and as often as the same is necessary in its judgment, and have dead trees, shrubs and plants removed therefrom. The Association may also, at its option, remove any excess building materials or building refuse situated on a Lot in violation of this covenant. The Owner of any Lot shall be obligated to reimburse the Association for the cost of such maintenance or removal upon demand. The Association may require any Owner to remove or eliminate any object situated on a Living Unit or Lot that is visible from any Common Area or from any other Lot, if, in the Board's sole judgment, such object detracts from the visual attractiveness of the Subdivision. The Association, and its agents, during normal business hours, shall have the right to (after 5 days written notice to the Owner of any Lot involved, setting forth the specific violation or breach of this covenant and the action required to be taken, and if at the end of such time reasonable steps to accomplish such action have not been taken by the Owner), to enter on the subject premises (without any liability whatsoever for damages for wrongful entry, trespass or otherwise to any person or entity) and to take the action(s) specified in the notice to remedy or abate said violation(s) or breach(es). The cost of such remedy or abatement will be paid to the Association upon demand, and if not paid within thirty (30) days, shall become a lien upon the Lot affected. The Association, or its agent, shall further have the right (upon like notice and conditions), to trim or prune, at the expense of the Owner, any hedge, tree
shall become a lien upon the Lot affected. The Association, or its agent, shall further have the right (upon like notice and conditions), to trim or prune, at the expense of the Owner, any hedge, tree or any other planting that, in the written opinion of the Association, by reason of its location on the Lot, or the height, or the manner in which it is permitted to grow, is detrimental to the adjoining Lots, is dangerous or is unattractive in appearance. The lien provided under this section will constitute a lien retained against the Lot with the same force and effect as the Lien for assessments set forth in this Amended and Restated Declaration.
(G) Vehicles. No trailer, motor home, tent, boat, marine craft, hovercraft, aircraft, recreational vehicle, motor home, camper body, travel trailer, truck larger than a one (1) ton pick-up, or wrecked, junked, or inoperable vehicle shall be kept, parked, stored or maintained on any portion of the front yard area of a Lot nor shall be kept, parked, stored or maintained on other portions of the Lot, unless in an enclosed structure or in a screened area which prevents the view thereof from any Lots or dwelling and streets. No stripped down, wrecked, junked or inoperable trailers, boats, recreational vehicles or motor vehicles shall be kept, parked, stored or maintained on any Lot. No dismantling or assembling of a motor vehicle, boat, trailer, any truck or any other machinery or equipment shall be permitted in any driveway or yard adjacent to a street. The Association shall have the absolute authority to determine from time to time whether a vehicle and/or accessory is operable and adequately screened from public view. Upon an adverse determination by the Board of Directors,
the absolute authority to determine from time to time whether a vehicle and/or accessory is operable and adequately screened from public view. Upon an adverse determination by the Board of Directors, the vehicle and/or accessory shall be removed and/or otherwise brought into compliance with this paragraph.
No vehicles, trailers, implements or apparatus may be driven or parked on any easement. No 5 VOL10724 PG1061 vehicle of any size which transports inflammatory or explosive cargo may be kept in the Subdivision at any time.
(H) Offensive Activities. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the Owners, Properties or the Subdivision. No exterior lighting of any sort shall be installed or maintained on a Lot where the light source is offensive or a nuisance to other Owners or Lots.
Reasonable security, landscape, or tennis court lighting is permitted. No exterior speakers, horns, whistles, bells, or other sound devices (except security devices such as entry door and patio intercoms used exclusively to protect the Lot and improvements) shall be placed or used upon any Lot.
(I) Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall be kept in sanitary containers. No trash or other refuse may be thrown or dumped on any street or drainage area in the Subdivision.
(J) Pets. No animals, livestock, poultry, exotic or dangerous pets of any type (i.e. pit bulls, boa constrictors, ferrets, etc. or animals that may pose a safety or health threat to the community) shall be raised, bred or kept on any Lot except for cats, dogs, or other generally recognized
ulls, boa constrictors, ferrets, etc. or animals that may pose a safety or health threat to the community) shall be raised, bred or kept on any Lot except for cats, dogs, or other generally recognized household pets of a reasonable number provided that they are not kept, or maintained for any commercial purposes and provided further that no more than a total of four (4) animals may be kept on a single Lot. Any pet which endangers the health of any Owner or Resident, or which creates a nuisance or an unreasonable disturbance or is not a common household pet, as may be determined by the Board, must be permanently removed from the Subdivision upon seven (7) days' written notice by the Board of Directors. All such animals shall be kept in strict accordance with all local laws and ordinances (including leash laws) and in accordance with all rules established by the Association.
It shall be the responsibility of the Owners to prevent the animals from running loose or becoming a nuisance to other Owners and Residents. All waste left by animals shall be promptly removed.
(K) Microwave, radio, TV Antenna and Solar Collectors. No microwave dishes, radios, citizen band or otherwise, or television aerial wires or antennas shall be maintained on any portion of any Lot, or in the Common Area, except direct broadcast satellite (DBS) antennae less than one meter in diameter, multichannel multipoint distribution system (MMDS) antennae less than one meter in diameter, or television broadcast antennae, which Owners shall screen from view as much as possible without impairing the installation, maintenance or use. Solar apparatus, if erected, must be maintained in such a way that it is screened from view. All matters set forth in this provision require
ble without impairing the installation, maintenance or use. Solar apparatus, if erected, must be maintained in such a way that it is screened from view. All matters set forth in this provision require the express approval, in advance, of the Board, which shall be exercised in conformity with the rules of the Federal Communications Commission.
(L.) Sidewalks. All Lots must have sidewalks in front of the residence, and nothing shall be placed, constructed or maintained on a sidewalk which is obstructive to pedestrian use.
ARTICLE V EASEMENTS AND ACCESS (A) Easements in General. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Within these easements no structure, planting, fence or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or in the case of drainage easements, which may change or impede the direction of flow of water through drainage channels. The easement area of each Lot, 6 VOLI 0724 PG1062 if any, and all improvements in such area shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. Neither the Association nor any utility company using the easements shall be liable for any damages done by them or their assigns, agents, employees or servants to shrubbery, streets or flowers or other property of the Owners situated on the land covered by the easements. There is a right of ingress and egress across, over, and under the Subdivision in favor of the Association (or, in the case of a "Zero Lot Line" easement as provided in Section C below, to the benefitting Owner), for the sole purpose of
ss across, over, and under the Subdivision in favor of the Association (or, in the case of a "Zero Lot Line" easement as provided in Section C below, to the benefitting Owner), for the sole purpose of installing, replacing, repairing, and maintaining all facilities for utilities, including, but not limited to, water, sewer, telephone, cable TV, electricity, gas, and appurtenances thereto. An easement is hereby extended and acknowledged to all police, fire protection, ambulance, garbage and trash collector pickup vehicles and all similar persons to enter upon the Common Area in performance of their duties. Each Lot is conveyed subject to all easements, conditions and reservations shown on the Plat, and as provided in this Amended and Restated Declaration, and each Owner shall take notice of all such easements, conditions, and reservations. No Owner shall maintain any condition or improvements in any platted easement which will significantly interfere with the intended use of any easement.
(B) Drainage Easements. Easements for drainage throughout the Subdivision are reserved as shown on the Plat. No Owner of any Lot may perform or cause to be performed any act which would alter or change the course of such drainage easements in a manner that would divert, increase, accelerate or impede the natural flow of water over and across such easements. More specifically and without limitation, no Owner or Resident of a Living Unit may: (1) alter, change or modify the existing natural vegetation of the drainage easements in a manner that changes the character of the original environment; (2) alter, change or modify the existing configuration of the drainage easements, or fill, excavate or terrace such easements, or remove trees or other vegetation without the prior
iginal environment; (2) alter, change or modify the existing configuration of the drainage easements, or fill, excavate or terrace such easements, or remove trees or other vegetation without the prior written approval of the Board of Directors or the San Antonio City Engineer; construct, erect or install a fence or other structure of any type or nature within or upon such drainage easements; (4) drainage easements; or permit storage, either temporary or permanent, of any type upon or within such (5) place, store or permit to accumulate trash, garbage, leaves, limbs or other debris within or upon the drainage easements, either on a temporary or permanent basis.
By acceptance of a deed to any Lot, each Owner covenants and agrees to ensure such Lot remains graded and maintained in accordance with the grading plan set forth in accordance with the original grading plan.
(C) "Zero Lot Line” Maintenance Easements. Lots 5 through 10, Block 2, NCB 16976, according to Plat recorded in Volume 8200, Page 227, Plat Records of Bexar County, Texas, and Lots 11 through 23, Block 10, NCB 16968, according to Plat recorded in Volume 7900, Page 109, Plat Records of Bexar County, Texas, are "Zero Lot Line" Lots, and a five foot (5') wide maintenance easement is hereby established on the portion of each of these Lots adjacent to the zero lot line. This easement shall be kept free of any permanent obstruction and is for the purpose of access to the Owner of the benefitting Lot for painting, repairs, and all other necessary maintenance of the Living Unit.
7 ARTICLE VI ENFORCEMENT If the Owner of any Lot, or its heirs, executors, administrators, successors, assigns or tenants, shall violate or attempt to violate any of the restrictions and covenants set forth in this Amended and
f the Owner of any Lot, or its heirs, executors, administrators, successors, assigns or tenants, shall violate or attempt to violate any of the restrictions and covenants set forth in this Amended and Restated Declaration, it shall be lawful for the Association or any Owner to prosecute any proceedings against the person or persons violating or attempting to violate any such restrictions and covenants. The failure of any Owner or Resident to comply with any restriction or covenant will result in irreparable damage to other Owners of Lots in the Subdivision; therefore, the breach of any provision of this Amended and Restated Declaration may not only give rise to an action for damages at law, but also may be enjoined or may be subject to an action for specific performance in equity in any court of competent jurisdiction. In the event an action is instituted to enforce the terms or prohibited violations, and the party bringing such action prevails, in addition to any other remedy herein provided or provided by law, such party shall be entitled to recover court costs and reasonable attorney's fees. The Association shall not be charged with any affirmative duty to police, control or enforce the terms of this Amended and Restated Declaration and these duties shall be borne by and be the responsibility of the Owners.
ARTICLE VII COURTESY PATROL Courtesy patrol may be provided by the Association, from time to time; however, the Association is not a provider of security and the Owners must provide their own security for themselves, their Living Unit, Lot and personal property.
ARTICLE VIII VOTING RIGHTS AND REGISTRATION (A) Voting. Every person or entity who is a record Owner of a free or undivided interest in
ty for themselves, their Living Unit, Lot and personal property.
ARTICLE VIII VOTING RIGHTS AND REGISTRATION (A) Voting. Every person or entity who is a record Owner of a free or undivided interest in any Lot shall be a Member of the Association. When more than one person holds an interest in a Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
(B) Suspension of Voting Rights. All voting rights of an Owner may be suspended by the Board of Directors during any period in which such Owner is delinquent in the payment of an assessment or is otherwise in default and/or violation of this Amended and Restated Declaration, the By-laws or Rules and Regulations.
VOL10724 PG1063 ARTICLE IX COVENANTS FOR MAINTENANCE ASSESSMENTS Each Owner covenants, by acceptance of a deed to a Lot in the Subdivision, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments, such assessments to be fixed, established, and collected from time to time as hereinafter provided; and (3) charges levied against individual Owners to reimburse the Association for extra or unusual costs incurred by the Association for curing the Owner's violation of a covenant contained in this Amended 8 VOL10724 PG1064 and Restated Declaration, By-laws or rules and regulations. The annual and special assessments, together with such late charges, reasonable attorney's fees and costs of collection, shall be a charge on the land and shall be a continuing lien upon the Lot against which the assessment is made, and shall
er with such late charges, reasonable attorney's fees and costs of collection, shall be a charge on the land and shall be a continuing lien upon the Lot against which the assessment is made, and shall also be the personal obligation of the person who was the Owner of the Lot at the time the obligation accrued.
(A) Annual Assessments. The annual assessments shall be determined by the Board of Directors after determination of current maintenance costs and anticipated needs of the Association during the year for which the assessment is being made. The maximum annual assessment may be adjusted by a majority vote of the Board of Directors, without membership vote, but shall not be increased to more than the greater of: eighteen percent (18%) above the prior year's annual assessment. Each year, the Board shall notify each Owner of the next year's budget at least thirty (30) days prior to the Annual Meeting.
(B) Special Assessments. In addition to the annual assessments provided for above, the Association may levy, in any assessment year, a Special Assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement on or which is a part of the Common Area, respond to the unusual emergency needs of the Association as may be expected to appear from time to time, or for such other lawful purpose needed by the Subdivision, as the Board of Directors or the Owners may determine; provided that any such assessment shall have the approval of two-thirds (2/3) of the votes of the Owners, voting in person or by proxy, at a meeting duly called for this purpose. Written notice of such a meeting shall be sent to all Owners and shall set forth the purpose of the meeting.
tes of the Owners, voting in person or by proxy, at a meeting duly called for this purpose. Written notice of such a meeting shall be sent to all Owners and shall set forth the purpose of the meeting.
(C) Member Charge. In addition to the annual assessment and special assessment, the Board of Directors may impose a charge upon any Owner for the purposes of reimbursing the Association for all direct and indirect costs incurred for the maintenance, repair or replacement of landscaping or site improvements on any Lot when the Board has determined the maintenance, repair or replacement of improvements have been neglected to the point where conditions existing on such Lot are not in conformance with the maintenance obligations set forth in Article IV, Section (F) of this Amended and Restated Declaration, or if an Owner places anything in the Common Area. The Owners of such Lot shall be notified in writing of said determination and the specific deficiencies found to exist and shall be afforded a reasonable period of time to respond to said notice by correcting the deficiencies.
The Owner shall be assessed the cost of reimbursing the Association for any and all costs, including attorney's fees, to secure compliance, in accordance with State Law.
(D) Due Dates, Budget and Late Charges. The annual assessment shall become due and payable and shall be collected as the Board of Directors of the Association shall determine. The amount of the annual assessment shall be an amount which bears the same relationship to the annual assessment provided for above as the remaining number of months in that year bear to twelve. The Board of Directors shall use reasonable effort to provide each Owner with an invoice of the amount
nual assessment provided for above as the remaining number of months in that year bear to twelve. The Board of Directors shall use reasonable effort to provide each Owner with an invoice of the amount due, but any failure to provide such a notice shall not relieve any Owner of the obligation. The due date of any special assessment under the provisions hereof shall be fixed in the resolution authorizing such assessment. Member charges are due and payable as stated in the notice, but not to exceed sixty (60) days after the Owner was served with notice by the Association of the amount of such Member Charge, in accordance with State Law.
Each year, the Board of Directors shall adopt an annual budget and set the amount of the 9 VOL10724 PG1065 annual assessment, taking into consideration the Association's operating cost for the current year, expected increases or decreases in such costs over the next year, and future needs of the Association.
The annual budget shall be adopted by the Board at least thirty (30) days prior to the commencement of each fiscal year.
An Owner who has not paid an assessment within thirty (30) days after the due date shall incur a late charge from the due date at a rate to be determined, from time to time, by the board. If the Board shall refuse or fail to determine a late charge, it shall be eighteen percent (18%) per annum.
If applicable State Law provides or requires an alternate ceiling under Vernon's Annotated Texas Civil Statutes Article 5069-1.04, then that ceiling shall be the indicated rate ceiling.
(E) Remedies and Lien for Assessments. Each Owner, by his acceptance of a deed to a Lot, hereby expressly vests in the Association, or its agents, the right and power to bring all actions against
ing.
(E) Remedies and Lien for Assessments. Each Owner, by his acceptance of a deed to a Lot, hereby expressly vests in the Association, or its agents, the right and power to bring all actions against such Owner personally for the collection of such charges as a debt or to enforce the lien by all methods available, including non-judicial or judicial foreclosure by an action brought in the name of the Association, and grants to the Association the power of sale of the lien. The Board of Directors shall have the right to appoint an Agent, to mail and file the notices required by Texas Property Code § 51.002, to conduct the sale, and to otherwise comply with State Law. The lien provided for in this Section shall be in favor of the Association and shall be for the benefit of all other Owners. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his or her Lot.
In addition to the foregoing charges for delinquent accounts, each Owner shall be obligated to pay to the Association all actual costs of collection incurred, including attorney's fees, late charges and collection costs, all of which shall be a part of the Association's lien.
All payments shall be applied first to costs and attorney's fees, then to late charges, then to delinquent assessments, then to any unpaid installments of the annual assessment or special assessments which are not the subject matter of suit in the order of their coming due, and then to any unpaid installments of the annual assessment or special assessments which are the subject matter of suit in the order of their coming due.
Notice of the lien may be given, but is not required, by the recordation in the Real Property
l assessment or special assessments which are the subject matter of suit in the order of their coming due.
Notice of the lien may be given, but is not required, by the recordation in the Real Property Records of Bexar County, Texas an Affidavit of Delinquent And Notice Of Assessment Lien, duly executed by an officer, managing agent, attorney or officer of the Association, setting forth the amount owed, the name of the last known Owner of record, and the legal description of the Lot.
At any foreclosure, judicial or non-judicial, the Association shall be entitled to bid up to the amount of the sum secured by its lien, together with costs and attorney's fees, and to apply as a cash credit against its bid all sums due to the Association covered by the lien foreclosed. From and after any such foreclosure the occupants of such Lot shall be required to pay a reasonable rent for the use of such Lot, and such occupancy shall constitute a tenancy-at-sufferance, and the purchaser at such foreclosure sale shall be entitled to appoint a receiver to collect such rents and, further, shall be entitled to sue for recovery of possession of such Lot by forcible detainer or by Writ of Possession.
The lien of the assessments shall be subordinate to the lien of any purchase money mortgage; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to the sale or transfer of such Lot pursuant to a decree of foreclosure, nonjudicial foreclosure, or conveyance in lieu of foreclosure or in satisfaction of mortgage debt. Such sale or transfer shall not relieve such Lot from liability for any assessments thereafter becoming due 10 VOL10724 PG1066 nor from the lien of any such subsequent assessment.
ARTICLE X MAINTENANCE FUND
ale or transfer shall not relieve such Lot from liability for any assessments thereafter becoming due 10 VOL10724 PG1066 nor from the lien of any such subsequent assessment.
ARTICLE X MAINTENANCE FUND The Board, for the benefit of the Owners, shall establish and maintain a maintenance fund into which shall be deposited the annual assessments collected from Owners and which maintenance fund shall be used, without limitation, for the payment of the following: (A) taxes and assessments and other liens and encumbrances which shall properly be assessed or charged against the Common Areas; (B) care and preservation of the Common Area; (C) the services of a professional person to meet the administrative needs of the Association, including, but not limited to legal and accounting services; (D) policies of insurance insuring the Association, its Directors, and Officers against any liability to the public or to the Owners (and/or invites or Residents) incident to the operation of the Association in any amount or amounts as determined by the Board of Directors; (E) materials, supplies, labor, maintenance, repairs, structural alterations, taxes or assessments which the Board of Directors is required to obtain or pay for pursuant to the terms of this Amended and Restated Declaration or by law or which is necessary or proper; and routine maintenance and enhancement of the Common Area.
(F) ARTICLE XI GENERAL POWERS AND DUTIES OF THE BOARD OF DIRECTORS OF THE ASSOCIATION The Board of Directors, for the benefit of the Owners, shall have the following general powers and duties, in addition to the specific powers and duties provided for herein and in the By-laws of the Association: (A) to execute all declarations of Ownership for tax assessment purposes and with regard
uties, in addition to the specific powers and duties provided for herein and in the By-laws of the Association: (A) to execute all declarations of Ownership for tax assessment purposes and with regard to the Common Areas, if any, on behalf of the Owners; (B) to enter into contracts, maintain one or more bank accounts, and generally to have all the power necessary or incidental to the operation and management of the Association; (C) to protect or defend the Common Areas from loss or damage by suit or otherwise and to provide adequate reserves for repair and replacements; (D) (E) to make reasonable rules and regulations for the operation of the Common Area; to make available for inspection by Owners each year an annual report and to make all books and records of the Association available for inspection by Owners at reasonable times and intervals; (F) to adjust the amount, collect and use any insurance proceeds to repair damage or replace lost property, and if proceeds are insufficient to repair damage or replace lost property, to assess the Owners in proportionate amounts to cover the deficiency; (G) to enforce the provisions of any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provisions or rules; (H) (I) to collect assessments including the filing of liens and institution of legal proceedings; to establish a monetary "fines" system which shall include due process hearings and 11 VOL10724 PG1067 a discretionary range of fine amounts, which, when levied, shall constitute a permitted Member Charge assessment secured by the lien herein established; and (J) to establish reserve funds which may be maintained and/or accounted for separately from other funds maintained for annual operating expenses.
ARTICLE XII
ecured by the lien herein established; and (J) to establish reserve funds which may be maintained and/or accounted for separately from other funds maintained for annual operating expenses.
ARTICLE XII INSURANCE AND CONDEMNATION (A) Fire. Hazard and Casualty Insurance. Owners hereby covenant and agree to carry all-risk casualty insurance on their Lot. Each Owner further covenants and agrees that in the event of a partial loss or damage and destruction resulting in less than total destruction, the Owner shall proceed promptly to repair or to reconstruct the damaged structure in a manner consistent with the original Living Unit. In the event the Living Unit is totally destroyed and the Owner determines not to rebuild or reconstruct, the Owner shall clear the Lot of all debris and return it to substantially the natural state in which it existed prior to the beginning of the construction.
(B) Property and Public Liability Insurance With Respect to Common Area, Errors and Omissions and Indemnification.
(1) The Board of Directors shall obtain and continue in effect blanket property insurance, to insure the Common Area, naming the Association as beneficiary against risks of loss or damage by fire and other hazards as are covered under standard extended coverage provisions, and against vandalism.
(2) The Board of Directors shall obtain comprehensive public liability insurance in such limits as it shall deem desirable, insuring the Association, the Board of Directors, agents and employees, and each Owner, from and against liability in connection with the Common Area.
(3) The Board of Directors shall obtain liability insurance covering errors and omissions of directors, officers, managers, employees and representatives of the Association, and
with the Common Area.
(3) The Board of Directors shall obtain liability insurance covering errors and omissions of directors, officers, managers, employees and representatives of the Association, and fidelity bonds for all officers and employees which have control over the receipt or disbursement of funds.
(4) The Association may indemnify directors, officers, employees and agents and may purchase indemnity insurance in accordance with the provisions of Article 2.22A of the Texas Nonprofit Corporation Act.
(C) Insurance Premiums with Respect to Common Area. All costs, charges and premiums for all insurance with respect to the Common Area that the Board of Directors authorizes as provided herein shall be a common expense of all Owners and shall be part of the annual assessment.
(D) Homeowner's Insurance. Each Owner shall be responsible, at his own cost and expense, for personal liability insurance to the extent not covered by the Association and public liability insurance acquired by the Association on behalf of all Owners with respect to the Common Area.
(E) Condemnation. If part or all of the Common Area shall be taken or condemned by any authority having the power of eminent domain, any compensation and damages shall be paid to the Association. The Board of Directors shall have the exclusive right to act on behalf of the Association with respect to the negotiation and litigation of the taking or condemnation issues affecting such Common Area. The Owners may, by vote of seventy-five per cent (75%) or more of the total voting power hereunder, agree to distribute the proceeds of any condemnation or taking by eminent domain, to each Owner and his mortgagee, if any, as their interest may appear. In event that the Owners shall 12
er hereunder, agree to distribute the proceeds of any condemnation or taking by eminent domain, to each Owner and his mortgagee, if any, as their interest may appear. In event that the Owners shall 12 not so agree, such proceeds shall be added to the funds of the Association, and the Association shall decide on whether or not to replace or restore, as far as possible, the Common Area so taken or damaged. The Association shall give timely notice of the existence of such proceedings to all Owners and their mortgagees, if any. The expense of participation in such proceedings shall be common expenses chargeable to the Owners.
(F) Insufficient Proceeds. If the insurance or condemnation proceeds are insufficient to repair or replace any loss or damage, the Association may levy a special assessment as provided for in Article IX, Section (B) of this Amended and Restated Declaration.
ARTICLE XIII AMENDMENT This Amended and Restated Declaration may be amended by written instrument approved by the affirmative vote of the Members of the Association holding at least seventy-five percent (75%) of the total votes. The amendment shall be effective when it is certified by the President of the Association as to the requisite number or votes and recorded in the Official Public Records of Real Property of Bexar County, Texas. Any amendment recorded shall be conclusively presumed to have been duly adopted. Notwithstanding the foregoing, the Board of Directors shall have the right to amend this Amended and Restated Declaration, without the necessity of joinder by the Owners for the limited purposes of correcting a clerical error, clarifying an ambiguity, or removing any contradiction in the terms.
VOL 10724 PG1068 ARTICLE XIV GENERAL PROVISIONS
y of joinder by the Owners for the limited purposes of correcting a clerical error, clarifying an ambiguity, or removing any contradiction in the terms.
VOL 10724 PG1068 ARTICLE XIV GENERAL PROVISIONS (A) Interpretation. If this Amended and Restated Declaration, or any word, clause, sentence, paragraph, or other part shall be susceptible to more than one or conflicting interpretations, then the interpretation which is most nearly in accordance with the general purposes and objectives shall govern. Whenever the application of the provisions of this Amended and Restated Declaration, conflicts with the application of any provision of the By-laws of the Association, the provisions or application of this Amended and Restated Declaration shall prevail.
If any punctuation, word, clause, sentence, or provision necessary to give meaning, validity, or effect to any other word, clause, sentence or provision appearing in this Amended and Restated Declaration shall be omitted, such omission was unintentional and the omitted punctuation, word, clause, sentence or provision shall be supplied by inference. The singular, whenever used herein, shall be construed to mean the plural, when applicable, and the necessary grammatical changes required to make the provisions here apply either to corporations or individuals, males or females, shall in all cases be assumed as though in each case fully expressed.
(B) Notices. Any notice required to be given to any Owner, Member or Resident shall be complete when the notice is deposited in the United States Mail, postage prepaid, and addressed to the Owner, Member or Resident at the last known address as shown by the records of the Association.
(C) Headings. The headings contained in this Declaration are for reference purpose only and
essed to the Owner, Member or Resident at the last known address as shown by the records of the Association.
(C) Headings. The headings contained in this Declaration are for reference purpose only and shall not in any way affect the meaning or interpretation of this Declaration.
13 CERTIFICATE OF PRESIDENT OF CASTLE WOOD FOREST HOMEOWNERS' ASSOCIATION The undersigned, JOAN A. BUENROSTRO, hereby certifies that she is the duly elected and acting President of Castle Wood Forest Homeowners' Association, a Texas non-profit corporation; that, as such, she is the keeper of the records of the proceedings of Castle Wood Forest Homeowners' Association, and has custody of the records; and that she is authorized to execute and deliver this Certificate of President of Castle Wood Forest Homeowners' Association, on its behalf, which is duly organized and existing under the laws of the State of Texas. The undersigned hereby further certifies as follows: "Attached hereto as Exhibit "A" are true and complete copies of the ballots of the owners in Castle Wood Forest Subdivision, which show that the foregoing Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision were adopted by the membership in accordance with the Declaration of Easements, Restrictions, Covenants, and Conditions, recorded in Volume 1139, Page 696, Official Public Records of Real Property of Bexar County, Texas, and in accordance with the provisions of applicable laws."
IN WITNESS WHEREOF, I have hereunto set my hand this 6 day of May, 2004.
Jean a Вистоя A. BUENROSTRO, President ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BEXAR ) This instrument was acknowledged before me on the b day of May, 2004, by JOAN A.
my hand this 6 day of May, 2004.
Jean a Вистоя A. BUENROSTRO, President ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BEXAR ) This instrument was acknowledged before me on the b day of May, 2004, by JOAN A.
BUENROSTRO, President of Castle Wood Forest Homeowners Association, a Texas non-profit corporation, on its behalf.
DENISE H ROBESON Notary Public State of Texas My Commiten ple October 21, 2006 Denise It. Robeson Notary Public, State of Texas AFTER RECORDING, RETURN THIS INSTRUMENT TO: Rosemary B. Jackson 700 N. St. Mary's, Suite 1000 San Antonio, Texas 78205 VOL10724 PG1069 EXHIBIT “A” 66 VOL10724 PB1070 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12701 CASTLE BEND Street Address Street Address 3-23-04 Date Signed Lot Owner(s): Signature TIMOTHY R. O'CONNOR Print Name Signature C.D. Connor LINDA C. O'Connor Print Name 14 VOL 10724 PG1071 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12703 Casate Bend Sherry Warr Street Address Signature WARNER SHERRY WARNER Print Name Street Address 3/28/04 Date Signed Signature Ed Print Name WARNKA 14 VOL10724 PG1072 VOL 10724 PG1073 VOTING BALLOT CASTLE WOOD FOREST HOMEOWNERS The voting ballot is executed for the purpose of voting on the "Amended and Restated Declaration of Covenants, Conditions and Restrictions For Castle Wood Forest Subdivision."
By voting on this ballot, it includes acceptance of the 4 changes to the document that were made after it was originally distributed to all the homeowners the first half of November 2003. These four changes are:
n this ballot, it includes acceptance of the 4 changes to the document that were made after it was originally distributed to all the homeowners the first half of November 2003. These four changes are: 1) Deletion on Page 3, Article IV: all of item 'A'. There is a deed restriction already in place covering this.
2) Deletion on Page 5 & 6 concerning commercial insignias of normal size vehicles parked at residences: Article IV, Item ‘G', second paragraph beginning on page 5....
delete the last word of the last line on Page 5 delete the first 3 lines on the top of Page 6, so that this paragraph on Page 6 is only left with the last sentence in the paragraph.
3) Adding a last paragraph on page 7, Article V, Easements and Access: “(C) “Zero Lot Line" Maintenance Easements:”. There was no provision in our old documents for houses in Castle Wood Forest with a zero lot line if that side of their property required some sort of maintenance.
4) A correction on Page 1, 'B', where the Bexar County recording number had to be corrected.
1.
I/We, the undersigned owner(s) in good standing, do not wish to give our proxy to anyone else, and we hereby vote ☑ FOR the "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision."
□ AGAINST the "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision."
Dorothy Edmondson Name(s) (Please Print) 12705 Castle Bend Castle Wood Forest Address Other Mailing Address Signature - Dorothy Edmartorn Signature 3-29-04 Date Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12709 CASTLE BEND Street Address Street Address
tion of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12709 CASTLE BEND Street Address Street Address 3/26/4 Date Signed Lot Owner(s): Signature AARON Print Name 14 Signature Print Name GOLDBERG VOL10724 PG1074 Lot(s) Owned and Street Address(es) Within Subdivision 12711 CASTLE BEND Street Address Lot Owner(s) Signature WAYNE V. MILLER Print Name M. ORIANA MILLER M. Oriana Muller 14 VOL 10724 PG1075 "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12722 Castle Bend Street Address 12722 Castle Bend Street Address 1/25/04 Date Signed Lot Owner(s): Вий Signature Robert HARRIS MD.
Print Name Signature Sue. S. HARRIS Print Name 14 VOL 10724 PG1076 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12723 Castle Bend Street Address San Antonio, TX 78230 Street Address 3-23-04 Date Signed Lot Owner(s): Valley Emmen Sotelo Signature Kelly Enmon Sotelo Print Name Signature Print Name 14 VOL10724 PG1077 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12731 C Street Address Street Address 3-7-04 Date Signed Batty Signature Betty LaValle Print Name Signature Print Name VOL 1 0724 PG1078 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s):
G1078 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12235 CASTLE BEND Street Address Glone Ehema Signature GLORIA EHEMANN Print Name Street Address 3-7-04 Date Signed Signature Print Name VOL10724 PG1079 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12739 Castle Bend St.
Street Address New Address: 3225 Gables DR. NE Atlanta, GA 30319 Street Address 3/31/04 Date Signed work phone 404 984-1066 Lot Owner(s): Smia I Mass Signature Timia Moss Print Name Signature Print Name 14 VOL10724 PG 1080 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12801 CASTLE BEND Street Address Street Address 3-7-04 Date Signed Lot Owner(s): davett 1 Signature Jarrett Schaufel Print Name Jessica Signature Jessica Schaufel Print Name VOL10724 PG1081 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12803 CASTLE BEND DR Street Address Lot Owner(s): Signature Lee MANLEY Print Name Street Address 3-29-04 Date Signed Signature Print Name 14 VOL10724 PO1082 Lot(s) Owned and Street Address(es) Within Subdivision 128806 CASTLE BEND Street Address Lot Owner(s) Asnykelly Signature ASHLYNKEL Print Name 14 VOL 10724 PG1083 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE
s Lot Owner(s) Asnykelly Signature ASHLYNKEL Print Name 14 VOL 10724 PG1083 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12810 Castle Bead Street Address Street Address Signature Roas Jerry Rosse Print Name 3-15-04 Date Signed Signature 14 Print Name VOLI 0724 PG1084 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12811 CASTLE BENDST Street Address Lot Owner(s): e no Signature Print Jeffrey Noyes Name Street Address 3-7-04 Date Signed Signature Print Name VOLI 0724 PG1085 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12814 Castle Bend Street Address Street Address March 26, 2004 Date Signed Signature MARiode Los Santos Print Name Signature al de Esmeralda de los Santos Print Name 14 VOL10724 PG1086 Lot(s) Owned and Street Address(es) Within Subdivision 12815 Castle Bend Dr Street Address Lot Owner(s) D Signature DARREN J. POIDEVIN Print Name 14 VOL10724 PG1087 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12818 CASTLE BENd Street Address Signature Edd G. Archer Print Name Street Address 3/24/04 Date Signed Signature 14 Print Name VOLI 0724 PG1088 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE
Street Address 3/24/04 Date Signed Signature 14 Print Name VOLI 0724 PG1088 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12819 CASTLE BEND Street Address 12819 CASTLE BEND Street Address MARCH 7, 2004 Date Signed Lot Owner(s): Katherine George /Signature KATHERINE GEORGE Print Name algar Signature ANNA MARIE MAGARO Print Name 14 VOL 10724 PG1089 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12822 Castle Bend Street Address Lot Owner(s): ined Signature Street Address 3/27/04 Date Signed Jorge Maldonado Print Name Signature Marta de Maldonado Print Name 14 VOLI 0724 PG1090 Lot(s) Owned and Street Address(es) Within Subdivision 12826 CASTLE BEND Street Address Lot Owner(s) K Signature KEVIN HASELHORST Print Name 14 VOLI 0724 PG1091 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12827 Castle Be Street Address Street Address 3-7-04 Date Signed Lot Owner(s): .
Signature MAAGE L. GREEN Print Name F Signature Jimmy C. Green Print Name VOL 10724 PG1092 "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12830 Castle Band Street Address Street Address 2-23-04 Date Signed Lot Owner(s): acboga Signature Amelia Print Name Signature Barga Print Name 14 VOL10724 PG1093 Amended and Restated Declaration of Covenants, Conditions and Restrictions for
ddress 2-23-04 Date Signed Lot Owner(s): acboga Signature Amelia Print Name Signature Barga Print Name 14 VOL10724 PG1093 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12831 CASTED BEND Street Address Lot Owner(s): R. H Signature R HACE MARSHAL Print Name Street Address 3#/7/04 Date Signed Signature Laura Marshall Print Name VOL 1 0724 PG1094 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12838 CASTLE BEND Shaffer Street Address Signature But SAN ANTONIO, TX 78230 S GRANT SHAFFER Street Address 4-6-2004 Date Signed Print Name Anita Shoffer Signature Anita Shaffer Print Name 14 VOLT0724 PG1095 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12839 Castle BeND Street Address Street Address 3-7-04 Date Signed Lot Owner(s): Ralph Shuerte Signature Ralph L. Puente Print Name Rosemary went Signature Rosemary Puente Print Name VOLT0724 PG1096 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12842 CASTLE BEND Street Address Street Address Lot Owner(s): Ribbrando Signature RON SCHRANOT Print Name 3-23-04 Date Signed Signature Print Name 14 VOL 10724 PG1097 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision:
14 VOL 10724 PG1097 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12843 Castle Bend Street Address Lot Owner(s): Signature Street Address 3/24/04 Date Signed Print Name Signature Print Name 14 VOL10724 PB1098 Only sign this if you are in favor of the V "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12846 Castle Bend Street Address Dr Luchs Signature Deborah L. Fuchs Print Name Street Address 3-15-04 Date Signed Signature 14 Print Name VOLT 0724 PO 1099 Lot(s) Owned and Street Address(es) Within Subdivision 12847 CASTLE DENO Street Address Lot Owner(s) А Signature DeNora LENARA A. JOHNSON PHILIP C. JOHNSAN Print Name 14 VOL 10724 PG1400 “Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12850 Castle Ben * Street Address Street Address K W Signature Karen F. Webb Print Name March 9, 2004 Date Signed Signature 14 VOL10724 PG1101 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12851 CASTLE BEND Street Address Street Address 3-30-04 Date Signed Lot Owner(s): Frank & Powers Signature FRANK J POWERS Print Name Carolyn R Powers CAROLYN R. POWERS Print Name 14 VOL 10724 PG 1 102 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE
nt Name Carolyn R Powers CAROLYN R. POWERS Print Name 14 VOL 10724 PG 1 102 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 128.54 CASTLE BEND Street Address 12854 CASTLE Street Address Feb 23, 2004 Date Signed BEND Lot Owner(s): J.. Brendle Signature Lout ANN BRENDLER Print Name A B Signature Lou & ANN BRENDLER Print Name 14 VOLI 0724 PG1103 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 3703 Castle Crest Street Address Lot Owner(s): Signature Street Address 3-23-04 Date Signed Print Name Signature Charles Odou Print Name 14 VOL10724 PG1104 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 3707 CAST CREST Street Address Lot Owner(s): Signature Kenneth Blum Print Name Street Address 1/18/04 Date Signed Signature Print Name VOL10724 PG1105 “Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Lot Owner(s): Within Subdivision: 3711 CASTLE CREST Street Address Street Address 25 Jan 04 Date Signed Signature JOANNA J. HANSEN Print Name Signature Print Name 14 VOL 10724 PG1106 "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 3715 (astle Crest (78230) Street Address Street Address 'Signature TERRY MENDENHALL Print Name 2.104
t Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 3715 (astle Crest (78230) Street Address Street Address 'Signature TERRY MENDENHALL Print Name 2.104 Date Signed Signature 14 Print Name VOL10724 PG1107 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12.900 Castle George Street Address 12800 Street Address 3/7/04 Date Signed Lot Owner(s): Signature DOUG WALTERS Print Name La Walters Signature LAURA WALTERS Print Name VOL10724 PG1108 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12802 Cat George Street Address Lot Owner(s): Signature Robert W. Davis Print Name Street Address 2100 Date Signed Signature Print Name VOL 0724 PG1109 “Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12803 Castle George Street Address Street Address Lot Owner(s): Reclard 25 Jones Signature Richard M Jones Print Name 1-25-04 Date Signed Signature Print Name 14 VOLT 0724 PG1110 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12306 Castle belge Street Address Lot Owner(s): T Signature 12806 Castle George Randy Williams Street Address 01-19-04 Date Signed Print Name Sheryl Oliam Signature Sheryl Williams Print Name VOL10724 PG 1 1 1 1 Amended and Restated Declaration of Covenants, Conditions and Restrictions for
iams Street Address 01-19-04 Date Signed Print Name Sheryl Oliam Signature Sheryl Williams Print Name VOL10724 PG 1 1 1 1 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12810 Castle Georges Street Address 18 Street Address 3-7-04 Date Signed Lot Owner(s): Signature . W.
ㄴ George H. Baugh Print Name Signature Print Name VOLI 0724 PG1112 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12811 Castle George Street Address Lot Owner(s): Patuh Move Connie M. moore Signature Connie Moore Patrick Moore Print Name Street Address 3/7/04 Date Signed Signature Print Name VOLI 0724 PG1113 "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Lot Owner(s): Within Subdivision: 12814 CASTE GEORGE Street Address Signature Street Address 01/25/04 Date Signed A.J. DIMALINE Print Name Signature 14 Print Name VOL10724 PG1114 “Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12815 Castle George Street Address Street Address Lot Owner(s): R Signature R.E. ANZIANI Print Name 1-25-04 Date Signed Signature Print Name 14 VOL10724 PG1115 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12818 CASTLE GEORGE Street Address Street Address 3-7-04 Date Signed Lot Owner(s):
estrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12818 CASTLE GEORGE Street Address Street Address 3-7-04 Date Signed Lot Owner(s): Jadelerlebsterfuill JACK W. WESTERFIELD Print Name Key H. Westerficed Signature Kay Westerfield Print Name VOL10724 PG1116 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12819 Castle George Street Address Lot Owner(s): Signature Jason Thompson Print Name Street Address 3/7/04 Date Signed Signature Print Name 14 VOL 10724 PG1117 : Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12823 Castle George Street Address Street Address 02/22/04 Date Signed Lot Owner(s): Alice S. Acker Signature Alice S. Aiken Print Name Signature Print Name 14 VOL 10724 PG1118 "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12827 Castle George St Street Address Street Address Lot Owner(s): Joan a. Buenost Signature Joan A. Buenrostro Print Name 3-10-04 Date Signed Signature 14 Print Name VOL10724 PG1119 "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Lot Owner(s): Within Subdivision: 12830 Castle george Street Address Keith Signature Kathleen Smith Print Name Street Address 2-1-04 Date Signed Signature 14 Print Name VOL10724 POT120 Lot(s) Owned and Street Address(es) Within Subdivision
Castle george Street Address Keith Signature Kathleen Smith Print Name Street Address 2-1-04 Date Signed Signature 14 Print Name VOL10724 POT120 Lot(s) Owned and Street Address(es) Within Subdivision Lot Owner(s) 12835 Castle George ffeffer Sandra R. Fetzer Street Address Signature DOUGLAS J. Fetzer Print Name 14 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12838 Castle George Street Address Street Address Signature Richard Eigenbrot Print Name 01-25-04 Date Signed Signature Print Name VOLT0724 PB1122 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12839 CASTLE GEORGE Street Address Street Address 02/08/2004 Date Signed Lot Owner(s): Наш св Signature MARIANELA C. FLORES Print Name Reb Signature RAUL G. FLORES ILL Print Name VOL10724 PG1123 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12842 Castle Garge Street Address Lot Owner(s): one yea Signature Melecio Villanueva Print Name Street Address 1-23-04 Date Signed Signature Print Name VOL10724 PB1124 "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision” SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12843 Castle George St Street Address San Antonio, TX 78230 Street Address 1/25/2004 Date Signed Lot Owner(s): неме Signature AlanWashler Print Name Signature Print Name 14 VOL10724 PG1125 Amended and Restated
tle George St Street Address San Antonio, TX 78230 Street Address 1/25/2004 Date Signed Lot Owner(s): неме Signature AlanWashler Print Name Signature Print Name 14 VOL10724 PG1125 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12846 Castle George Dr.
Street Address Lot Owner(s): Signature James D. Runne Print Name Street Address 7/10/04 Date Signed Signature Print Name VOL 10724 PO1126 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12847 Castle George Street Address Lot Owner(s): Повељс. Полицей Signature Roberto C. Rodriguez Print Name Street Address 3-23-04 Date Signed Signature Print Name 14 VOL 10724 PO1127 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12850 CASTLE GEORGE Street Address Street Address 3-7-04 Date Signed Signature Russell F, BRINER Print Name Virginia Briner Signature IRGINIA BRINER Print Name VOL10724 PG1128 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12851 Castle George DR.
Street Address Street Address March 25, 2004 Date Signed Lot Owner(s): Halter Vas Signature L WALTER Vinbout Davis Print Name Idolina Araceli Davis Signature IdoLiNA Araceli DAVIS Print Name 14 VOLI 0724 PG1129 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE
raceli Davis Signature IdoLiNA Araceli DAVIS Print Name 14 VOLI 0724 PG1129 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 12.854 Castle George Street Address Lot Owner(s): M.B.
Signature M.P. GARZA Print Name Street Address 3/7/04 Date Signed Signature Print Name VOLI 0724 PG1130 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 12855 Castle George of faze Street Address 3702 Hunsters Bow Street Address 7 MARCH 2004 Date Signed Signature Ohiver P. GARZA Print Name Signature D.
Yolanda D. Garza Print Name VOL10724 PG1131 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 3704 Hunters Bow Street Address Street Address 1/25/04 Date Signed Lot Owner(s): Connie Signature Mi Срус Connie M. Reyes Print Name Signature D Print Name VOL10724 PG1132 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: Lot Owner(s): 3710 Hunters Bow Street Address Jamie Harris Signature JAMIE HARRIS Print Name Street Address 4-15-04 Date Signed Signature 14 Print Name VOL10724 PG1133 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 3714 Hunters Baw Street Address Lot Owner(s): Auttanell Signature Donald W. HARRell Print Name Street Address
Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 3714 Hunters Baw Street Address Lot Owner(s): Auttanell Signature Donald W. HARRell Print Name Street Address 2/1/04 Date Signed Signature Print Name VOL10724 PG1134 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 3718 Hunters Bow Street Address Lot Owner(s): Signature ول BRA Pool Print Name Street Address 2/23/04 Date Signed Signature Print Name 14 VOLI 0724 PG1135 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 3722 Hunters Bow Street Address Street Address 2/21/04 Date Signed Lot Owner(s): Willie Mae Jomali Signature WILLIE MAE TOMERLIN Print Name Signature Print Name VOL10724 PG1136 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Lot Owner(s): Within Subdivision: 3730 Hunter Bor L. Annette Borge Street Address Signature Louise Annette Borregu Annetteborega Print Name Street Address 2/29/04 Date Signed Signature Print Name VOLT 0724 PC1137 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision SIGNATURE PAGE Lot(s) Owned and Street Address(es) Within Subdivision: 3734 HUNTERS Bow Street Address ANTONIO, TX SAN HUNTERS Bow Street Address Lot Owner(s): Signatur 78230 с стев JOSEPH C CARollo Print Name 1/3//03 2/17/0 Date Signed Signature Print Name VOL10724 PB1138 "Amended and Restated Declaration of Covenants, Conditions and
t Address Lot Owner(s): Signatur 78230 с стев JOSEPH C CARollo Print Name 1/3//03 2/17/0 Date Signed Signature Print Name VOL10724 PB1138 "Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision" SIGNATURE PAGE Lot(s) Owned and Street Address(es) Lot Owner(s): Within Subdivision: 3806 Hunters Bow Street Address Ma Signature Mark Stone Print Name Street Address 1/25/04 Date Signed Signature Print Name Any provision herein which restricts the sale, or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF REXAR I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me and was duly RECORDED in the Official Public Record of Real Property of Bexar County, Texas on: CONCE COUNTY MAY 06 2004 Senry Pattiff COUNTY CLERK BEXAR COUNTY, TEXAS Doc# 20040100030 # Pages 84 05/06/2884 10:29:00 AM Filed & Recorded in Official Records of BEXAR COUNTY GERRY RICKHOFF COUNTY CLERK Fees $180.00 14 VOL10724 PG1139