AMENDED DECLARATION #1 OF 156669 COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR THE WEST VIEW SUBDIVISION, UNIT 3 OF MEDINA COUNTY, TEXAS STATE OF TEXAS § COUNTY OF MEDINA § KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, MARK & SANDRA, LTD., A TEXAS LIMITED PARTNERSHIP, hereinafter called the Declarant, is the Developer and/or the owner of all that certain real property located in Medina County, Texas described as follows: WEST VIEW SUBDIVISION, UNIT 3, a subdivision in Medina County, Texas as shown on map or plat of said subdivision of record in Volume 9, Pages 41 - 46, of the Plat Records of Medina County, Texas; and WHEREAS, the Declarant will or has conveyed lot or lots to purchasers of the described subdivision, subject to certain protective covenants, conditions, easements, restrictions, reservations, as herein before recorded in Volume 527, Page 959 - 967, in the Official Public Records of Medina County, Texas.
WHEREAS, the Declarant retains the right to amend and/or change the Covenants, Conditions, Restrictions and Reservations of WEST VIEW SUBDIVISION, UNIT 3.
NOW THEREFORE, in accordance with said right, Declarant hereby amends the Covenants, Conditions, Restrictions, and Reservations of WEST VIEW SUBDIVISION, UNIT 3 as follows: It is hereby declared that all lots of WEST VIEW SUBDIVISION, UNIT 3, shall be held, sold and conveyed subject to the Covenants, Conditions, Restrictions, and Reservations of WEST VIEW SUBDIVISION, UNIT 3, and the amendments thereto which are for the purposes of protecting the value and desirability of, and which shall run with, the real property and shall be binding on all parties having any right, title, or interest in or to the above described
purposes of protecting the value and desirability of, and which shall run with, the real property and shall be binding on all parties having any right, title, or interest in or to the above described property or any part thereof, and their heirs, successors, and assigns, and which covenants, easements, restrictions and reservations shall inure to the benefit of each owner thereof, which covenants, conditions, easements, restrictions and reservations remain in effect and are ratified and republished and amended as follows: AMENDED RESTRICTIONS - WEST VIEW SUBDIVISION UNIT 3.
Restrictions #1 thru #4: Restriction #5: Restriction #6: Same as recorded in Volume 527, Pages 959 967, in the Official Public Records of Medina County, Texas.
ON-SITE CONSTRUCTED HOMES, SIZE AND CONSTRUCTION TIME. Conventional on-site constructed homes and modular homes can be built on all lots in West View Subdivision. West View Subdivision Unit 3, Block 1, Lots 94-128 and Block 5, Lots 1-5 and 18-32 (West View Estates) shall be further restricted and no manufactured homes shall be allowed on these lots. All site-built homes and modular homes must be constructed of new materials on committee approved foundations, and exterior construction such as masonry, brick, rock, stucco, hardi-siding, and any other committee approved exterior construction, with quality workmanship and architecturally in harmony with the overall residential scheme of WEST VIEW SUBDIVISION UNIT 3.
Each one-story home shall contain a minimum of 1200 square feet of airconditioned and heated living areas, exclusive of garages, carports, basements, breezeways and open porches. Each two-story home shall contain a minimum of 1400 square feet of air-conditioned and heated living areas, with not less
areas, exclusive of garages, carports, basements, breezeways and open porches. Each two-story home shall contain a minimum of 1400 square feet of air-conditioned and heated living areas, with not less than 1000 square feet in first floor, exclusive of garages, carports, basements, breezeways and open porches. No second hand home or any part thereof may be placed on any lot or tract and no tents, campers, travel trailers or recreational.
vehicles may be used as living quarters at any time or during construction of the dwelling. No garage or other outbuildings may be erected except simultaneously with or subsequent to erection of a residence. All homes and improvements, outbuildings, etc. shall be maintained and situated so that their appearance will not be detrimental to the subdivision as a whole. All improvements shall be kept weatherproofed by painting or such other method as may be necessary and appropriate, and none of the improvements shall be allowed to deteriorate to the detriment of the neighborhood as a whole. All dwellings must be completed within nine (9) months after materials are delivered to the site. All plans and specifications are subject to the prior written approval of the Architectural Control Committee.
MULTI-SECTIONED MANUFACTURED HOMES, AND MODULAR HOMES. West View Subdivision Unit 3 shall be for site-built homes, modular homes, or multi-sectioned manufactured homes only. Multi-section manufactured homes are permitted in Unit 3, only in Block 1, Lots 18-60C, and vel. 540 Pg.
461 Restrictions #7 thru #43: Block 2, Lots 1A-18 and 43-60. New homes and used homes less than three (3) years of age are acceptable, but all homes, regardless of age or condition, must be approved in writing by the Architectural Control Committee before
3-60. New homes and used homes less than three (3) years of age are acceptable, but all homes, regardless of age or condition, must be approved in writing by the Architectural Control Committee before placement. Homes more than three (3) years old would require a variance as described in Paragraph 43 herein. Also a plot plan showing where the manufactured home improvements will be situated on the lot must be approved in writing by the committee prior to placement or construction. Photographs of all sides and roof and a copy of the Manufactured Home Document of Title must be submitted to the Architectural Control Committee before approval can be considered for used homes and approval shall be granted to used manufactured homes whose condition is of sufficiently high quality as to be almost equivalent to new construction. The committee shall be the sole determinate of the quality of the used homes. All manufactured homes, modular homes, improvements, outbuildings, etc. shall be maintained and situated so that their appearance will not be detrimental to the subdivision as a whole. All improvements shall be kept weatherproofed by painting or such other method as may be necessary and appropriate, and none of the improvements shall be allowed to deteriorate to the detriment of the neighborhood as a whole.
Same as recorded in Volume 527, Pages 959-967, in the Official Public Records of Medina County, Texas.
EXECUTED by said Declarant, this 29th day of June 2004.
MARK & SANDRA, LTD. (Declarant and Developer) By: Van's Realty, Inc., the General Partner DY: kn Mark Van Overborg, Vice-President STATE OF TEXAS COUNTY OF BEXAR § § Before me, the undersigned authority, on this day personally appeared Mark K. Van Overborg, the Vice
c., the General Partner DY: kn Mark Van Overborg, Vice-President STATE OF TEXAS COUNTY OF BEXAR § § Before me, the undersigned authority, on this day personally appeared Mark K. Van Overborg, the Vice President of Van's Realty, Inc., the General Partner of MARK & SANDRA, LTD., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said corporation.
Given under my hand and seal of this office this 29th day of June 2004.
REBECCA J. MOORE Notary Public, State of Texas My Commission Expires August 26, 2006 After recording return to: MARK & SANDRA, LTD.
4242 Medical Drive, Suite 5200 San Antonio, Texas 78229 Rebecca Moore Notary Public in and for Bexar County Texas.
ANY PROVISION HERE WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAVA THE STATE OF TEXAS COUNTY OF MEDINA hereby certify that the Instrument was FILED in file number Sequence on the date and at the time stamped horean by ma and was duly RECORDED In the Official Public Records of Medina County, Texas on FILED IN MY OFFICE ELVA MIRANDA JUL 01 04 AM 10 00 JUL 01 2004 Elia Miranda COUNTY CLERK MEDINA COUNTY, TEXAS COUNTY COURT, MEDINA CO.
Vol.
540 Pg. 462