Petition to sign
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Petition to sign
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FIRST AMENDMENT TO RESTRICTIONS OF CAPLEN SHORES, A SUBDIVISION IN GALVESTON COUNTY, TEXAS
WHEREAS, that certain Declarations of Caplen Shores, a subdivision in Galveston County was executed by Caplen Shores, Inc. (the “Declarant”) on September 15, 1986, the Declarant being the owner of that certain tract or parcel of land lying and being situated in Galveston County, Texas, subdivided in the accompanying map of CAPLEN SHORES which subdivision has been recorded in Vol. 18, page 76, of the Map Records in the office of the County Clerk of Galveston, County Texas.
WHEREAS, the Declaration provides that these covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 20 years after which time they shall be automatically extended for successive periods of 10 year unless an instrument signed by the majority of then owners of the lots have been recorded, agreeing to change said covenants in whole or in part.
WHEREAS, a period of twenty years has run, with no instrument being therein recorded, so that the covenants have been automatically extended.
WHEREAS, a Petition Committee has been formed pursuant to the Texas Property Code Section 201.001. The purpose of this committee is to circulate this Petition which will once approved create an additional restriction which will result in the formation of the Caplen Shores Property Owners Association.
WHEREAS a majority of lot owners wish to create the following restrictions as follows:
“NOW THEREFORE, those persons who own a lot in Caplen Shores Addition are hereinafter members of the Caplen Shores Property Owners Association, hereinafter referred to as the Association. The Association’s form shall be a Texas non-profit corporation. Membership in the Association shall be appurtenant to and may not be separated from ownership of any lot.
The Association’s scope and authority shall be determined by a five member Board of Directors. These Directors shall be elected by the Members of the Association at an organizational meeting. Each Member shall be entitled to cast a vote at this meeting for the initial Board of Directors. The Directors shall then determine the necessity of the following:
1. The rebuilding of Caplen Shores Drive and Caplen Shores Circle to include or not include paving of the road, and to allow the maintenance of the road to be taken over by Galveston County. The initial petition committee is attempting to invoke FEMA to reimburse Caplen Shores POA, Inc to rebuild the road, possibly with partial matching funds through either Galveston County, and/or the State of Texas, and/or Caplen Shores POA, Inc.
2. The establishment of regular annual assessments and/or special assessments for capital improvements, which assessments shall serve the purpose of promoting the health, safety, welfare, and recreation of the residents of the Subdivision, and to serve any common needs of its members. The petition committee recommends an initial amount not to exceed $95.00 per lot per year.
3. The establishment of an architectural control committee which would serve to review any plans for improvements on the lots so that they are consistent with previously filed restrictions.
4. The creation of any further restrictions which would serve to promote the purpose of preserving and enhancing the value, attractiveness, desirability, privacy and quiet enjoyment of the members property.
5. The establishment of Association bylaws which will thereafter determine the ongoing procedures for the election of future Board Members and any further procedural issues necessary in the governing of the Association.
All other terms, provisions, restrictions, procedures and any other matters contained in the Declaration and not specifically referenced herein shall remain unaltered, unchanged and unaffected by this Amendment.
This amendment must be ratified by 60% of the property owners of Caplen Shores in order to become effective. Please signify your approval by your signature and notarization below and return (fax acceptable) prior to December 12, 2008 to:
Caplen Shores POA, Inc. FAX 713-528-6423 3000 Richmond, Suite 270 Houston, TX 77098
OWNERS OF LOTS ____ and _____ and _____ and _____and______.
We hereby approve the above petition.
_____________________________ (Printed Name)
_____________________________ (Printed Name)
THE STATE OF TEXAS §
COUNTY OF ______________ §
This instrument was acknowledged before me on _______________, 2008, by
_______________________________ First Property Owners Name
___________________________ Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF ______________ §
This instrument was acknowledged before me on _______________, 2008, by
______________________________Second Property Owners Name
___________________________ Notary Public, State of Texas
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