Pre Ike Info
Hello, my name is Dan Jacobs. As one of the property owners in Caplen Shores, I hope to be able to assist in the preservation and enhancement of all of our properties by posting this site to the internet. I have been a resident of Crystal Beach for about 7 years, and Caplen Shores is now my home, and I will be proactive in maintaining my home and the subdivision in the best possible way.
I'm sure we all realize that we each have different priorities with our properties. Some live here, some are speculators, some are investors, some just want to be able to build someday. It's important to recognize each individuals rights as we develop this process.
Through personal contact, either by phone or in person with Jim DiCampli, Dean Kantis, David Hamilton, Gene Lampson and Pat and Gertie Johnson, as well as through contact with the former owners of 542 and 538 Caplen Shores Circle, Max Lyons and Bob Hermann respectively, I have discovered that we are all seem to be duplicating our efforts. Hopefully, better communication here will enhance our efforts, and avoid at least some duplication.
I will be publishing a list of lot numbers so that we can each keep abreast of each others efforts. If you don't want your information published on the internet, please advise me. Most of the information will be information that is readily available on the www.galvestoncad.org website anyway, so that shouldn't be a problem, but just in case, let me know.
I am just getting this website online, so it will take some time to establish the real value and effect it will have, however, I do believe it to be of value. I will do everything possible not to offend anyone by my comments, and if you are offended, or I publish something you don't agree with, I certainly would like to hear from you.
Some of the issues we have now as a group that hopefully can be address are to follow. If you have anything to add, please email or call me and I'll try to put it on the website.
1. Formation of a Home Owner's Association: I've spent a lot of time attempting to determine the best way for us to improve the value of our property, and more importantly, to maintain the roads in the subdivision. I have spoken to several attorneys who are interested in helping us, and have decided to utilize the services of Marybeth Nelson, who is in Crystal Beach, and is familiar with our problems that we have on Bolivar Peninsula. Since I put forth this effort, I have had a chance to speak with others who are in favor of establishing the POA, and have sent in their money.
UPDATE: 06-13-08. The POA idea is officially dead due to lack of support from the property owners. I think it will start to gain interest again when someone wants to put in a fireworks stand on the commercial property at the front of the subdivision or decides to put in stalls. Remember, the deed restrictions really don't mean much unless they're challenged in court, and who wants to go through that?
UPDATE: 07-06-07: I had the pleasure to meet with Allen and Dana Lobeck, the new owners of "Pink Paradise". I got a tour of their home, and I must say they are miracle workers! Their home inside is very nice and accommodating. I spoke with them at length about the POA, and they are in full support. However, we're essentially back to the drawing boards for the POA until we get the 60%, which I'm not sure, but I think we're still about 50%. I'll try to do a poll again soon and let everyone know.
Only Max Lyons and myself forwarded money to our attorney to form the POA, therefore, it appears that no others have an interest in pursuing this. We will now obtain a refund from the attorney until such time as more property owners are interested in the formation of an POA.
UPDATE: 10-02-06: This is the actual email correspondence I have had with Marybeth:
I have sent $350.00 this date. I am attempting to enlist my fellow Caplen Shores Homeowners to do the same. Let's see how far we get. I would expect that we will be able to get 7 or 8 of the homeowners to do the same.
The 3 current property owners that will serve on the petition committee are Dan Jacobs, Max Lyons, and Dean Kantis. Others who want to be involved are Van Ewing and Robert Spong.
I am asking by this email, that each person in Caplen Shores send $350.00 to you, as I have, to fund the startup, and then reply to us whether the answer is yes or no.
Please send your payment to:
1830 Highway 87
Crystal Beach, TX 77650
The primary objective of the POA will be to repair the roads as agreed to by the POA, and to maintain the entranceway and signs as agreed to by the POA. Any funds left over from your work would remain on the Caplen Shores POA account with you for future legal work toward this effort. At some point, after the POA dues assessment has progressed, and we have been able to at least begin road repairs, each member who contributes their $350.00 would receive that money back without interest from the POA.
I would also expect we would need to incorporate this effort, which of course would occur after the . I checked with the SOS and Caplen Shores, Inc. (or LLC) is available
CC: Other Caplen Shores Homeowners
In a message dated 9/8/2006 12:12:08 P.M. Pacific Daylight Time, email@example.com writes:
Dan, Although the deed restrictions automatically renew as per the recorded restrictions the formation of a POA is not mentioned either way. Therefore we go to the Texas Property Code which provides a procedure for formation where you form a petition committee. The requirement on this is that 3 owners form the committee and file written notice of the formation with the county clerk. Then the committee circulates a petition for approval of the formation of the POA, which requires approval of 60 percent of the owners . This approval must be obtained within one year of the formation of the petition committee. Once the POA is formed we can take the next step toward enforcement or modification of restrictions. My fees for this procedure will be between $800 - $1500 depending on the hours of work on the petition, and the filing fees charged as needed. I charge $150.00 an hour and would charge according to time expended. Hope this helps. Let me know. Marybeth
2. Road development:
June 14, 2008. I have been calling Wade Broussard for the last several "road conditioning" efforts. Wade has "conditioned" the roads twice in the last couple of months. He doesn't use the same equipment that Pat's contact used, but Pat has been unable to find the person he previously used.
June 23, 2007. I spoke with Pat Johnson at length about the roads. He contracted with a Beaumont outfit to regrade the roads. It looks like it may have to happen again, especially near the main entrance. We also spoke about putting up a "Private Subdivision" "No Trespassing" sign. Does anyone else have an interest in that?
June 22, 2007. The more I think about it, the more I like having private roads. I actually think a gated access would be an extreme enhancement to our subdivision, but without an POA, that won't happen.
Nov 1, 2006. I discovered that Pat Johnson paid for grading the road. I sent him $150.00, but he sent me back $50.00.
Oct 2, 2006. It appears the county may have graded part of the road when they worked on the fire hydrants. If anyone knows for sure what happened, let me know.
Update: Sept 6th, 2006. Maryellen Smith, of Beach or Bay Real Estate, who is representing several property owners in Caplen Shores has obtained two quotes to repair the roads. I'm going to try to put the quotes on this site today, but it may be a few days.
As you may know, the developer, Andrew Johnson, Jr. never put in a paved road. Therefore, the county cannot and will not do anything at all to help us. The approximate costs to put in a road (which the country will maintain if installed to their specs), is about $150.00 per foot. That number was a WAG from the county engineers. Anyone know the measurement?
Pat Johnson said we can probably have a grader move the sides back into the road where they have piled up from the original shell. Seems like a good idea. I'm in for some dollars on that deal.
3. Dune restoration. I've had hours and hours of conversation and letters and emails with the state and county authorities regarding this issue. I'll be adding links and copies of correspondence soon.
Update: February 2008. The GLO has officially requested 40 million in funding to extend the Geotube east from where it is now first, and then west from where it currently is about 1/4 mile east of Caplen Shores. It will then continue west toward Galveston for 7 miles, I believe. I have a copy of the request, so if you want it, email me and I'll forward the PDF file to you.
Update: June 22, 2007. The GeoTube is coming! The GeoTube is coming! I guess at this point, it's fruitless to waste time or money on dune mitigation, as was done in 2002. See attached PDF file of the project.
4. Beach access ramps. I think there's a way to get the state to pay for it. I'm working on it. Anyone know? My personal preference is to allow golf carts, however, I realize that is a controversial subject, and must be a vote by the POA. As you know, Caplen Shores is private property, and anyone entering the subdivision who is not an owner or invited guest can be asked to leave, so I believe the issue of people parking in the subdivision in order to use the ramps for either foot or cart traffic can be overcome.
Update: June 14, 2008. Spoke with Keith Downs today, who is the newest property owner, along with his wife Stacey, who purchase the western most beachfront lot. They have already started building. The good news is that Keith says he might be able to help us with building the golf cart ramp on the east easement. Updates to come!
Update: August 20, 2007. Through cooperation with several property owners, we completed the dune walkover on the west easement. Robert Selman was kind enough to volunteer to keep up the access to the walkover and keep it clear of weeds. We are still working on building an access
Update: June 22, 2007. After discussions with several entities, including The Texas General Land office, and Martha with GrantWorks (a grant writing organization), as well as other property owners, I decided not to pursue this, even though it appears that we could actually obtain funding to construct some very nice beach access ramps.
5. Caplen Shores Subdivision entrance sign maintenance: The Entergy bill is a now about $50.00 per month. Dan Jacobs is now paying it, and also paying to replace the light bulbs when they go out. (They're not cheap). You may have noticed the increased brightness. There have also been several comments, from Dean, as well as others, that we could use a better sign. I agree with that. I also think we could use a community "advertising board" that can be used to advertise their lots, rentals, sales, etc. rather than wildcatting signs and billboards. Yes, I'm guilty, too, but hopefully we can find a better way.
Update: June 22, 2007. I have taken down my rental "signs", and hope others will do the same.
6. Deed restrictions: See email correspondence from Marybeth Nelson regarding the deed restrictions. We need to re-establish something, either in the form or new or revised deed restrictions, or a mandatory POA. I get several opinions from attorneys whether they really automatically renew or not, even if the actual deed restrictions say they do or don't. This is important to keep a trailer house, septic service company, or lion trainer from moving in next door to our homes.
7. Subdivision Entrance Sign: If you would like to have a "Private Property". Owners and Invited Guests Only" Sign placed near the entrance, let me know. Pat Johnson placed one there several years ago, but it's obviously gone now.
8. Subdivision Gate: I personally (Dan Jacobs) would love to have our subdivision gated. Obviously, I'm not going to do this alone. My guess is about $10,000.00 to install, plus annual maintenance costs of probably $1,000.00. My guess is the POA will have to be accomplished before this is done. I believe this will cause great problems for the owners who view an POA as a "tax", but we'll give it a try anyway.
Update: June 14, 2008. Keith Downs like the idea of a gated subdivision. I think this will be an added benefit to the subdivision.
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