AMENDMENT TO DECLARATION FOR COASTAL WILD WOOD SUBDIVISION 391743 This Amendment amends that Declaration of Covenants, Conditions and Restrictions of Costal Wild Wood Phase I (the “Declaration") dated May 23, 2006, and refiled at File No.# 283693 in the Official Records of Aransas County, Texas, on June 20, 2006, as amended. All terms capitalized herein have the same meanings as defined in the Declaration.
As provided in Article 27 of the Declaration, on March 19, 2021, the Members whose votes aggregate more than 67% of the collective number of restricted lots submitted signed instruments amending certain provisions of the Declaration. This Amendment is being filed by the President and Secretary of the Association pursuant to Article 30 of the Declaration who certify that the amendments have been approved by the requisite number of Members of the Association, which amendments are stated as follows: 1. Article 1. Land Use and Building Type. Article 1 is replaced with the following in order to remove the requirement for accessory buildings not to exceed 60% of the ground floor of the primary dwelling and additionally allow metal shops approved by the Committee: All lots subject to these Restrictions shall be used only for single-family residential purposes and no building or structure shall be erected, placed, added to or altered on any except a single-family residential dwelling, not exceeding two and one-half (2.5) stories of living area in height, attached garage not to exceed three (3) car capacity, and appurtenant structures as allowed below. Each owner of any lot subject to these Restrictions shall be deemed to have covenanted and agreed, by acceptance of a contract, conveyance or other
pacity, and appurtenant structures as allowed below. Each owner of any lot subject to these Restrictions shall be deemed to have covenanted and agreed, by acceptance of a contract, conveyance or other transfer of title covering such lot, that such owner will not apply for a permit to erect, place, alter or add to any structure on any lot other than a single-family residence or other allowed structure as specified and permitted herein. Any garage apartment or servants' quarters which may be situated on any lot shall not be used for rental purposes and may be used only by servants who are employed in the dwelling situated or by members or temporary guests of the family occupying the dwelling on said lot. "Approved" as used in this Article 1 means the approval specified in the following Article 2 hereof and "single-family residential purposes" as used in these Restrictions means residential occupancy by not more than two (2) unrelated adult persons and their children living together as a single housekeeping unit, together with any bona fide household servants. No residence can be occupied until a septic system has been approved by the appropriate governing authorities for construction, installation, and operation. Every residence constructed shall have an enclosed garage. No garage constructed as part of the original construction of the residence by the original builder may be converted to living quarters, unless and until a replacement garage of equivalent size is constructed. If two (2) lots are joined together as a single residential unit, the interior lot lines (and common setback line) between the joined lots shall be disregarded for purposes of placement of the residence and other structures. No lot
ther as a single residential unit, the interior lot lines (and common setback line) between the joined lots shall be disregarded for purposes of placement of the residence and other structures. No lot may be subdivided into an additional lot or lots. During the period of original construction of new homes, construction and sales trailers may be temporarily placed and utilized upon residential lots, with approval of Declarant. No detached garage or accessory building shall exceed the height of the dwelling to which it is appurtenant, unless approved by the Architectural Control Committee upon an affirmative finding that such construction will have no substantive negative effect upon neighboring properties. Every garage and accessory building (except greenhouses) shall continue the style and architecture of the primary dwelling in a manner approved by the Committee. The square footage of each detached garage and accessory building shall not exceed sixty percent (60%) of the ground floor of the primary dwelling, and No more than three (3) outbuildings (including detached garages) shall be permitted unless approved by the Architectural Control Committee upon an affirmative finding that such construction will have no substantive negative effect upon neighboring property. Metal shops shall be allowed, provided they are homogeneous with design of home and neighborhood. The Architectural Control Committee shall determine acceptability of such metal shops by majority vote and will work with the Owner_to determine specific requirements. Any future changes to the primary dwelling's color or architecture may require reassessment of the metal shop design and color. All homes must face the serving street unless approved otherwise by the Architectural Control Committee
ry dwelling's color or architecture may require reassessment of the metal shop design and color. All homes must face the serving street unless approved otherwise by the Architectural Control Committee upon a finding that facing the street would create no undue hardship and no disruption in the harmony of the community. No residence shall be constructed without simultaneous construction of garage for not less than two (2) automobiles.
2.
Article 2. Architectural Control. The first paragraph of Article 2 is replaced with the following in order to require that all approvals must be made by a majority vote of the Architectural Control Committee: No building or improvement of any character shall be erected, placed, added to or altered on any lot affected hereby until the building plans, specifications, and a site plan showing the location of the proposed structure or structures have been submitted to and approved by majority vote of the Architectural Control Committee (hereinafter sometimes referred to as "Committee"), for the Association as being in compliance with these Restrictions as to use, quality of workmanship and materials, nature of materials, harmony of external design, external colors, existing and proposed structures, and location of improvements with respect to topography, finished grade elevation, lot boundary lines, and building lines within the scheme and design of Declarant. All Committee approvals must be made by a majority vote of the Committee. The location of water wells and septic systems are also subject to the approval of the Committee.
3. Article 8. Prohibited Structures. The following is added to the end of the first paragraph of Article 8 in order to allow internet and cable antennas:
also subject to the approval of the Committee.
3. Article 8. Prohibited Structures. The following is added to the end of the first paragraph of Article 8 in order to allow internet and cable antennas: Notwithstanding the foregoing, internet and cable antennas are permissible to be installed on homes, as specified by the installation professional to obtain the best service. A reasonable effort shall be made to obscure such antennas from view from the home's servicing street when possible.
Additionally, the second paragraph of Article 8 is amended to remove the word “basketball goal" from the fourth sentence, in order to allow basketball goals on lots subject to the limitations of Article 20 as amended below.
4.
Article 12. Garbage and Other Waste. The last sentence of Article 12 is replaced with the following in order to allow burn piles: No burning of any type of household trash is allowed. Burn piles shall be allowed so long as a reasonable effort shall be made by the Owner to burn when allowed with City approval.
2 No burning of household items is allowed, and burning shall not cause a nuisance to neighbors.
5.
Article 15. Fences, Walls and Hedges. Article 15 is amended to include the following paragraph after the existing last paragraph in order to require Owners to obscure water well and pool equipment: No residence henceforth will be constructed without concurrent construction of a means to obscure the view of water well equipment and any swimming pool equipment. Suitable methods to obscure water well and pool equipment would include an enclosure, privacy fencing, shrubbery or other methods. The Committee shall determine the acceptability of the proposed screening methods.
6.
Article 20. Miscellaneous Vehicles and Equipment. The first paragraph Article 20 is
g, shrubbery or other methods. The Committee shall determine the acceptability of the proposed screening methods.
6.
Article 20. Miscellaneous Vehicles and Equipment. The first paragraph Article 20 is replaced as follows in order to allow trailers to be parked on a lot: Miscellaneous vehicles not used for general personal transportation purposes, including but not limited to trailers, are allowed to be parked or stored on a lot, so long as an effort is be made to park such vehicles behind the front setback of the home. The Board of Directors reserves the right to determine if quantity or condition of such vehicles causes a negative effect on the community and if additional requirements will be imposed. No travel trailers, motor homes, commercial vehicles, lawn equipment, equipment, boats, boat trailers, camping vehicles, motorcycles, all-terrain vehicles, trailers or vehicles other than vehicles used for general personal transportation purposes, may be parked or stored upon the lot unless parked in the garage or screened from view, nor shall any such object be left, parked or stored on any adjacent lot, street, right of way, easement or common area, except for temporary parking incident to the contemporaneous use of such object or as otherwise approved by the Board of Directors. No commercial vehicles, commercial equipment, motorized vehicles containing more than two (2) axles or single rear axle tractor trailer vehicles may be parked or otherwise stored within the subdivision boundaries, except as may be temporarily parked during the time that the driver of such vehicle is providing professional services, labor and/or materials on the lot where such vehicle is temporarily parked; no such vehicle shall remain overnight within the subdivision.
he driver of such vehicle is providing professional services, labor and/or materials on the lot where such vehicle is temporarily parked; no such vehicle shall remain overnight within the subdivision.
7. Article 20 is amended to replace the last paragraph with the following in order to allow for the operation of motorcycle type vehicles with limitations and to add a paragraph to permit children's toys maintained in good condition: Motorcycles, motorbikes, motor scooters, motorized bicycles, and other motorized vehicles may be operated on any lot by any person, subject to (1) such vehicle being equipped with an adequate and properly functioning muffler, permission is obtained, and (3) such vehicles shall not be kept or operated in such a way as to constitute a nuisance or a danger. Motorcycles, motorbikes, motor scooters, motorized bicycles, and other motorized vehicles shall not be operated on any lot of operated from any lot over the streets of the subdivision unless such vehicle is operated by a state licensed driver and such vehicle is equipped with an adequate and properly functioning muffler, nor shall such vehicles be kept or operated in such a way as to constitute a nuisance or danger.
3 391743 Children's toys, including but not limited to trampolines, playscapes, swing sets, etc., shall be allowed provided a reasonable effort is made by the Owner to maintain them in good condition and not cause a nuisance with such items.
Executed this 25th day of May 2022.
COASTAL WILDWOOD PROPERTY OWNERS' ASSOCIATION, INC.
By: Bryan Nozel Bryan Vogel, President ATTEST: By: Secretary STATE OF TEXAS COUNTY OF NUECES cos coscos This instrument was acknowledged before me on May 25, 2022 2022, by
TY OWNERS' ASSOCIATION, INC.
By: Bryan Nozel Bryan Vogel, President ATTEST: By: Secretary STATE OF TEXAS COUNTY OF NUECES cos coscos This instrument was acknowledged before me on May 25, 2022 2022, by Bryan Vogel, President of Coastal Wildwood Property Owners' Association, Inc., a Texas nonprofit corporation, on behalf of said corporation.
TARY PUBLIC * OF TEXAS JO ANNA DE LEON Notary Public, State of Texas STATE OF TEXAS Comm. Expires 05-26-2024 Notary ID 132493559 COUNTY OF NUECES cos cos cor Jonna De Leon Notary Public, State of Texas This instrument was acknowledged before me on May 25,2022 Milton James , 2022, by Secretary of Coastal Wildwood Property Owners' Association, Inc., a Texas nonprofit corporation, on behalf of said corporation.
PUB Ja DeLeon Notary Public, State of Texas STATE JO ANNA DE LEON Notary Public, State of Texas Comm. Expires 05-26-2024 Notary ID 132493559 4/38 Orig RTD@CNTR Bryan Vogel FILED FOR RECORD IN OFFICIAL PUBLIC RECORDS _ AT 3:35 RM.
INDEXED MAY 26 2022 STATE OF TEXAS-COUNTY OF ARANSAS I hereby certify that this instrument was FILED on the date and at the time affixed hereon by me and was duly RECORDED in the OFFICIAL PUBLIC RECORDS of ARANSAS COUNTY, TEXAS STAT TEXAS COUNTY OF ARANSAS as stamped hereon by me.
Cami Arringt CARRIE ARRINGTON, COUNTY CLERK ARANSAS COUNTY, TEXAS