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May 22, 2012 - POA Office @ 5:30 pm
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Island Fairway Estates 2 Padre Island Investment Corporation, a Texas corporation, (hereinafter called “Owner”), is the owner of the surface estate in and to the following described property situated in Nueces County, Texas, to wit: Padre Island – Corpus Christi, Island Fairway Estates Block 30, a subdivision of Padre Island, Nueces County, Texas, as shown by map or plat thereof recorded in Volume 40, pages 181 - 182 Map records, Nueces County, Texas, and Padre Island-Corpus Christi, Island Fairway Estates Blocks 34, 35 and 36, a subdivision of Padre Island, Nueces county, Texas, as shown by plat recorded in Volume 40, Pages 183-184, Map Records, Nueces County, Texas, reference to which is here made (hereinafter referred to as the “addition” or “subdivision”); subject to the Line of Credit, Deed of Trust and Mortgage instruments in favor of Westinghouse Credit Corporation as recorded in the Deed of Trust Records of Nueces County, Texas, which joins herein for the sole purpose of acknowledging, ratifying and approving the abandonment and the creation of the covenants and restrictions herein set forth. Owner has subdivided the addition into lots and blocks with intervening streets, beautification areas, and easements, for the construction, operation and maintenance of streets, beautification areas, utilities, drainage facilities and easements, and Owner has dedicated said streets, beautification areas, utilities, drainage facilities and easements, as set forth on the above described maps or plats. I. SCOPE OF RESTRICTIONS 1. For the purpose of creating and carrying out a uniform plan for the improvement and sale of the addition, as a high-quality, marina type subdivision, to be constructed by Owner on its property situated on Padre Island, Nueces County, Texas, being the property described in deed into Owner dated July 5, 1965, recorded in Volume 1097, page 367, Nueces County Deed Records, reference to which is here made, which property is hereinafter referred to as the “Padre Island-Corpus Christi Project”, or simply as “Padre Island-Corpus Christi”, the following restrictions, conditions and use limitations are hereby established, adopted and imposed upon each lot and block in the addition as shown by said map or plat thereof; SAVE AND EXCEPT Blocks 46, 47 and 48, Padre Island-Corpus Christi Island Fairway Estates Block 30, a subdivision of Padre Island, Nueces County, Texas. 2. The restrictions, conditions and use limitations hereinafter set forth shall constitute covenants running with the land, shall be binding upon and inure to the benefit of Owner, its successors and assigns, and upon all persons acquiring property in the addition, whether by purchase, descent, devise, gift or otherwise, and each person, by the acceptance of title to any lot out of the addition, shall agree and covenant to abide by and perform the terms, conditions, restrictions and covenants as set forth herein. Such restrictions, conditions and use limitations shall be made a part of each contract and/or deed executed by or on behalf of Owner conveying any lot by reference to the place of record of this instrument and by acceptance thereof, the grantee, and all persons claiming under such grantee, shall be subject to and bound thereby, and each such contract and/or deed shall be conclusively held to have been executed, delivered and accepted subject to all the terms, conditions and restrictions thereof in the instrument. In the event, however, of the failure of any contract and/or deed to any lot in said addition to refer to this instrument, this instrument shall nevertheless be considered a part thereof, and any conveyance of such lot shall be construed to be subject to the terms of this instrument. 3. The map or plat pertaining to that portion of the addition designated “Padre Island-Corpus Christi, Island Fairway Estates block 30” is a replat of Block 30, Padre Island-Corpus Christi, Island Fairway Estates Blocks 24-33, a subdivision of Padre Island, Nueces County, Texas, as shown by map or plat thereof recorded in Volume 40, Pages 154-159, Map Records, Nueces County, Texas which is a replat of Blocks 13 through 20, inclusive, Padre Island-Corpus Christi, Island Fairway Estates, a subdivision of Padre Island, Nueces County, Texas, as shown by map or plat thereof recorded in Volume 38, Pages 55-61, Map Records, Nueces County, Texas. Owner hereby abandons the Original Protective Covenants insofar as such covenants pertain to and include Blocks 13 through 20, inclusive Padre Island-Corpus Christi, Island Fairway Estates and, effective as of the effective date hereof, the Original Protective Covenants are so amended and modified by Owner. It is the intention of Owner for only the restrictions, conditions and use limitations herein set forth to hereafter apply to and encumber Padre Island-Corpus Christi, Island Fairway Estates Block 30. II. DEFINITIONS 1. A “street” is any road, street, avenue, court, circle, lane, boulevard, way or drive, designated as such on the recorded map of the subdivision. 2. A “utility easement” is any easement designated on the recorded map of the subdivision which may be used for the construction, maintenance and /or installation of any and all utilities, sewage, telephone and water drainage facilities (surface and subsurface) unless the easement is designated for a specific use on the recorded plat of the subdivision, in which event such easement shall be used only for the purpose and in the manner designated on such plat. 3. A “lot” shall mean any lot platted and contained in the addition. 4. A “corner lot” is a lot which abuts more than one street. Any lot, except a corner lot, shall be deemed to front the street upon which it abuts. A corner lot shall be deemed to front on the street on which it has the smallest dimension. III. ARCHITECTURAL CONTROL 1. The Architectural Control Committee, hereinafter called “the Committee”, is composed of three (3) members. The initial members, each of whom shall serve until his successor is named as provided herein, are: b. Charles W. Terrell, P.O. Box 8809, Corpus Christi, Texas 78412 c. Gene Graham, P.O. Box 8809, Corpus Christi, Texas 78412 A majority of the Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to designate and appoint a successor. No member of the Committee, or his designated representative, shall be entitled to any compensation for services performed hereunder. At any time, the record owners of a majority of the lots or tracts into which Padre Island-Corpus Christi shall then be subdivided shall have the power to change the membership of the Committee, to withdraw powers and duties from the Committee, or to restore the powers and duties of the Committee. Such action shall be effective upon recordation of a written instrument properly reflecting same. 2. No building, structure or improvement of any nature shall be erected, placed or altered on any tract until the construction plans and specifications and a plan showing the location of any building, structure or improvement have been approved by the Committee as to (i) quality of workmanship and materials, (ii) harmony of external design with existing structures, (iii) location with respect to topography and finish grade elevation (iv) the method of erection and construction complying with generally recognized techniques and standards suitable for Padre Island, Nueces County, Texas, and (v) compliance with other standards set forth in this instrument. In addition, no substantial change in the originally approved finish grade elevation of any lot shall be made without the prior written approval of the Committee. 4. The Committee’s approval or disapproval as required in these covenants shall be in writing. If the Committee, or its designated representative, fails to approve or disapprove such plans and specifications within forty-five (45) days after they have been submitted to it, then approval is presumed. 5. The Committee shall have the right and authority to waive, modify, alter, change or approve any covenant, term, condition or restriction where, in the opinion of the Committee, such change is necessary or required for the advantage and best appearance of the subdivision, or to protect the safety and the welfare of occupants and users of improvements on any lot; provided, however, any such modification, alteration or change shall not require the removal or modification of any then existing improvements and shall apply only prospectively. The Committee shall have the authority to make final decisions in interpreting the general intent, effect and purpose of these restrictions. IV. GENERAL LAND USE 1. Each lot shall be used solely for the operation of a “multi-family dwelling”, as hereinafter defined, subject to any further conditions or limitations set forth in the conveyance of such lot out of Owner, to-wit: a. Operation of a “multi-family dwelling” means use for high density residential units, including duplexes, tri-plexes, four-plexes, row or cluster housing, apartments or apartment hotels with dwelling units available for rent or for ownership on a cooperative or condominium basis. 3. All buildings and other improvements placed on any lot shall be newly erected on such lot and no second-hand or used buildings or other improvements shall be moved onto any of the lots and no used or second-hand materials may be used in the exterior of such improvements unless specifically approved in advance, in writing, by the Committee. 4. No activity of any nature shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No cattle, hogs, poultry, horses, or other animals may be kept on any part of such tract, except that this paragraph shall not preclude the keeping of pets or animals other than the above mentioned such as are ordinarily kept as pets in residential subdivisions provided they are not kept or bred for any commercial purposes. 5. No outside toilet will be permitted, and no installation of any kind for disposal of sewage shall be allowed which would result in raw or untreated sewage being carried into water bodies, except as may be approved by the proper state and local authorities. No septic tank or other means of sewage disposal may be installed unless approved by the proper authorities having jurisdiction with respect thereto (including, but not limited to, the Health Department of Nueces County, Texas, and the State of Texas). The drainage of septic tanks into any road, street, alley or public ditch, either directly or indirectly, is strictly prohibited. 7. No structure of a temporary character, nor any trailer, basement, tent, shack, garage, barn or other outbuilding, or any part thereof, shall be used as a residence or dwelling, or place of business, either temporarily or permanently, except for such temporary structures as are required during construction or alteration of improvements. 8. House trailers, buses, trucks or similar vehicles, shall be parked only as and where approved by the Committee. 9. No lot shall be used or maintained as a dumping ground for rubbish or trash. 10. No building material of any kind or character shall be placed or stored upon any lot until the owner is ready to commence improvements, and then such material shall be placed within the property lines of the building site upon which the improvements are to be erected and shall not be placed in the streets or between the roadbed and property line. 11. Garbage shall be kept in sanitary containers. Such containers shall be kept in a clean and sanitary condition and shall be stored so as not to be seen from a street or adjoining golf course and /or green area. 12. No clotheslines may be placed where they would be visible either from a street or adjoining golf course or green area. Such clotheslines must be enclosed by a hedge or other type screening enclosure as may be approved by the Committee as a part of the plans for the improvements to be located on the property. 13 No radio or television aerial or guy wires shall be maintained on any portion of any lot forward of the front building line of the respective main building. 14. After construction has begun improvement must be completed no longer than eighteen (18) months from the start of construction, unless delayed for some reason beyond the lot owner’s control, in which event the Committee may extend the foregoing time limits. 16. No grass or ground cover except common Bermuda grass or Tift Bermuda grass shall be planted, grown or kept on any lot in Padre Island-Corpus Christi, Island Fairway Estates Block 30, and Lots 20, 21, 22, and 23, Block 34, Padre Island-Corpus Christi, Island fairway Estates Blocks 34, 35 and 36, without the prior written approval of the Committee. 17. No lot as presently platted may be further subdivided into smaller lots or tracts. V. SIZE, DESIGN AND PLACEMENT OF IMPROVEMENTS 1. Facing: All improvements on any lot shall be constructed so as to face the abutting street upon which such lot fronts, or as approved by the Committee. 2. Foundations: The foundation must be enclosed at the perimeter with masonry or wood construction which is in harmony with the remainder of the main dwelling. 3. Exterior Walls: The design of and materials used in the exterior walls and surface areas of the main structure and any outbuildings constructed on any lots must be in keeping with the general architectural design of the main dwelling and other structures in the subdivision and must extend to the ground. Asbestos may be used only as approved by the Committee. 4. Roof: The pitch of the roof of all structures constructed on any lot must be approved by the Committee. 5. Fences or Walls: No fence or free standing wall shall be erected, placed, altered or maintained on any lot nearer to the front property line than the building line for such lot. No fence shall be constructed higher than six feet (6’), unless approved by the Committee; provided, however, no fence or wall exceeding three feet (3’) in height shall be erected, altered or maintained on that portion of any lot adjoining or abutting the golf course area or any open green area located within or adjoining the addition. The design, style, and location of all fences shall be subject to approval by the Committee. 6. Building Lines: All buildings and improvements of any nature whatsoever must be constructed within the building lines specified with respect to each such lot on the plat of said addition and in the conveyance of such lot out of Owner except that, with the prior approval of the Committee, minor improvements, such as fences, screening materials, sidewalks, driveways and open parking, may be constructed between the building lines and the property lines That portion of any exterior wall of any structure situated nearer than five feet (5’) from a side lot line shall have no windows from the height of the original grade level of the lot to a height of ten feet (10’), and such wall shall meet the requirements for fireproof construction set forth in the Southern Standard Building Code as of the date construction is commenced. 7. Design and Quality: All improvements constructed shall be of a design and quality of construction to withstand wind loads of thirty (30) pounds per square foot so as not to cause undue hazard to neighboring structures; provided, however, such thirty (30) pounds per square foot wind load standard is subject to modification by the shape factor modifications defined in the Southern Standard Building Code as of the date construction is commenced and as reasonably required or approved by the committee. 8. Upkeep: The purchaser of property in the subdivision shall keep the weeds out of the particular property owned by him and shall not permit the accumulation of trash, rubbish or other unsightly articles on the premises, the easement or in the street abutting the same. The area in all the streets between the pavement and the property line shall at all times be kept clean and free of unsightly obstacles. Owner shall have the privilege of having said tracts cleaned to comply with the above and any reasonable expense incurred in doing the same shall be paid by the owner of the respective tract. 9. Parking: One (1) parking space shall be provided for every apartment or dwelling unit without a separate bedroom, one and one-half (1-1/2) parking spaces for every one bedroom apartment or dwelling unit, and two (2) parking spaces for each apartment or dwelling unit containing two or more bedrooms, located within improvements constructed on any lot in the addition. 10. Height: No building shall exceed three stories or forty-five feet in height, whichever is the lower, unless: (a) the total surface area used for the ground floor of any such building constructed in the subdivision (excluding walkways and parking areas) does not exceed fifty percent (50%) of the total surface area of the lot upon which the building is located; and (b) the total living area (excluding patios, balconies, decks, walkways and parking areas) of any such building does not exceed an area which is twice the total surface are of the lot upon which the building is located. 11. Open Space: All improvements to be constructed on any lot shall be designed and constructed in such a manner so that each lot shall contain a minimum “open space”, as hereafter defined, equal to twenty-five percent (25%) of the surface area of such lot. The phrase “open space” shall mean space without improvement of any nature upon the surface of the ground, unoccupied and unobstructed from the ground upward except for landscaping, vegetation, standard-size sidewalks and fountains. 12. Minimum Floor Elevation: The floor elevation of all structures constructed on any lot within the subdivision must be at an elevation above mean sea level not less than the minimum elevation for human habitation established for the area by the Commissioners Court of Nueces County, Texas, or such other governing authority having jurisdiction with respect to establishing flood control elevations. In order to provide for the common use, enjoyment, benefit and maintenance of the canals, (including the concrete bulkheads along such canals), parks, beautification areas, streets and other common areas within Padre Island-Corpus Christi (hereinafter referred to as “common areas”) and for the preservation of a marina type community of the highest quality, Owner, for the benefit of itself and each successor owner of a lot or parcel out of the subdivision, hereby binds itself, its assigns and each successor owner, as follows: 1. At such time as any of the common areas in Padre Island-Corpus Christi have been improved and are not being maintained by Nueces County, a city, or other type of taxing authority within which such addition is located, Owner shall convey such common areas to Padre Island Investment Corporation, Trustee, hereinafter called “Trustee”, which shall have such supervisory authority to provide for the proper maintenance of the common areas as may be appropriate to such subdivision. Trustee shall not be liable to an owner of any interest in such subdivision for any damage, claim or expense for the manner in which said common areas are maintained and repaired, or for failure to maintain or repair said common areas. 2. In order to provide a fund for the proper maintenance of such common areas, hereinafter called “Maintenance Fund”, there is hereby imposed upon each lot in the subdivision an annual maintenance charge which shall not exceed: two cents ($0.02) per square foot contained in each lot. Such maintenance charge shall be determined annually by the Trustee based upon the projected cost of maintaining such common areas; however, no maintenance charge shall be assessed by Trustee until some portion of the common areas has been improved. Once assessed by the Trustee, one-twelfth (1/12) of such maintenance charge shall be payable monthly, in advance, on the first day of each month, by the beneficial owner of a lot in such subdivision. The maintenance charge hereby imposed shall not apply to Owner, or to lots to which Owner owns both the record and beneficial title. 3. Neither Owner nor Trustee shall be liable or responsible to any person or persons for failure or inability to collect the maintenance charge or any part thereof from any person or persons. 4. The Maintenance Fund may be pooled, merged or combined with the maintenance funds of other portions of the Padre Island-Corpus Christi Project as developed by Owner, provided the tracts and/or owners of tracts in such other portions of such Padre Island-Corpus Christi Project are subject to a maintenance charge, lien and administrative provisions substantially the same as set forth in this Part VI. Such pooled maintenance fund may be expended by the Trustee for the general benefit and common good of the various sections or units of Padre Island-Corpus Christi paying into such fund, without regard to the amount collected from each section or portion. Trustee may use such funds, or any part thereof, for safety and/or recreational projects and for developing, improving and maintaining any and all of the common areas which the owners and /or occupants of lots in any of the sections or portions of Padre Island-Corpus Christi may be privileged or shall have the right to use, regardless of who may own such common areas and regardless of their location within the entire Padre Island-Corpus Christi Project. It is agreed and understood that the judgment of the Trustee, as custodian and administrator of said Maintenance Fund, when used in good faith in the expenditure of said funds, or any part thereof, shall be binding, final and conclusive upon all parties in interest. Trustee shall receive no compensation for acting as custodian and administrator of said Maintenance Fund. 5. The payment of the maintenance charge hereby imposed shall be secured by an express lien in favor of Trustee, as custodian and administrator of the Maintenance Fund, which lien is placed and imposed upon each lot in the subdivision subject to such charge. There is hereby granted unto the Trustee an express lien against each lot or parcel of the subdivision to secure all obligations of the owner or owners of said lot or parcel imposed upon such owner, or lot, under the provisions hereof. Said lien may be foreclosed in the same manner as a vendor’s lien, without prejudice, however, to any other rights, powers or causes of action which the holder of said lien may have against any party who is then or who has theretofore been the owner of the property affected thereby. Said lien and all other provisions of this agreement shall be secondary and subordinate, however, to any liens, deeds of trust and encumbrances whatsoever given to secure the purchase price of the lot or any part thereof, or given to any bank, savings and loan association, insurance company, trust company, fraternal benefit organization, or corporation with banking or related powers, lawfully lending money for the purpose of making repairs or constructing dwellings or any other improvements whatsoever on any portion of such lot, or acquiring any note or other evidence of indebtedness previously made for any such purpose. If any such lender or party acquiring such indebtedness should be in doubt as to the purpose for which such loan was made, or indebtedness incurred, or as to whether the lien herein granted is subordinate to any lien or deed of trust given for the purpose of securing any such mortgage or indebtedness, such lender or party acquiring such indebtedness may rely conclusively upon the written statement of the Trustee, with respect thereto. The Trustee may release or subordinate said lien and any other provisions of this agreement, in whole or in part, with respect to any lot or lots, should it deem it advisable, for any reason whatsoever, without affecting said lien insofar as it applies to any other lot or lots in the subdivision. Without diminishing the personal obligations of any owner for any sum imposed under the terms hereof, the lien hereby granted upon any lot shall not secure any sum in excess of the unpaid assessments made under the terms hereof for the four years next preceding the date that such lien is sought to be asserted or foreclosed. 6. Any person negligently or willfully damaging or destroying all or any portion of the common areas, including the bulkheads and tie backs, shall be responsible to the Trustee for damages, and the Trustee shall use any funds collected by claim, lawsuit or settlement agreement growing out of such damage or destruction, to repair such damage or destruction, to the extent of such funds. 7. Trustee shall have, and it is hereby granted, the full right, power and authority to convey all of its right, title and interests in and to the common areas and the Maintenance Fund as well as all of its powers, rights, liens, responsibilities, duties and authority under the terms of this Part VI to: (a) a non-profit corporation, or other organization, formed by Owner for the purpose of maintaining the common areas in any portion of the Padre Island-Corpus Christi Project; or (b) a public or quasi-public corporation or entity with the power to tax such as a city, Nueces County or a public district having such powers. 8. All references to “Trustee” in this Part VI shall apply with equal force and effect to any successor in interest to Trustee, as provided in paragraph 7, of this Part VI. VII. DURATION The restrictions and covenants herein set forth shall continue and be binding upon Owner, its successors and assigns, for a period of thirty-five (35) years from this date. At the expiration of said term of thirty-five (35) years the restrictions and covenants herein set out shall automatically be extended for an additional ten (10) year period and for successive periods of ten (10) years thereafter, unless same are nullified or revised as hereinafter provided. After the expiration of thirty-five (35) years from the date of this instrument, the owners of a majority of the tracts in said Section A may execute and acknowledge an agreement in writing terminating or revising these restrictions and covenants and file the same in the Office of the County Clerk of Nueces County, Texas, or in such office as conveyances of real estate may be required to be filed, at such time, thereupon these restrictions and covenants shall be null, void and of no further force and effect, or shall be modified or revised as such instrument may direct. VIII. AMENDMENT At any time the owners of the legal title to 51% of all of the lots in Padre Island-Corpus Christi Island Fairway Estates, Block 30 (as shown by the records of Nueces County, Texas) may amend the restrictions, covenants, conditions, and matters set forth herein by filing an instrument containing such amendment in the Office of the County Clerk of Nueces County, Texas, except that, prior to the expiration of fifteen (15) years from date hereof, Part V hereof, cannot be amended without the written consent of Owner. IX. ENFORCEMENT The restrictions, conditions and use limitations herein set forth shall be binding upon Owner, its successors and assigns, and all parties claiming by, through, or under them and all subsequent owners of each lot each of whom shall be obligated and bound to observe such restrictions, conditions and use limitations, provided, however, that no such persons shall be liable except in respect to breaches committed during his or their ownership of said lot The violation of any such restriction, condition or use limitation, shall not operate to invalidate any mortgage, deed of trust, or other lien acquired and held in good faith against said tract or any part thereof, but such liens may be enforced against any and all property covered thereby, subject, nevertheless, to the restrictions, conditions and use limitations herein mentioned. Owner, or the owners of any lot, or Trustee, its successors and assigns, shall have the right to enforce observance or performance of the provisions of this instrument. If any person or persons violates or attempts to violate any of the restrictions, conditions or use limitations contained herein, it shall be lawful for any person or persons owning any lot out of said addition to prosecute proceedings at law or in equity against the person violating or attempting to violate the same, either to prevent him or them from so doing, or to correct such violation, or to recover damages, or to obtain such other relief for such violations as then may be legally available. X. SEVERABILITY Invalidation of any of the terms, provisions or covenants contained in this instrument by judgment or court order shall not in any way affect any of the other terms, provisions or covenants set forth in this instrument which shall remain in full force and effect. XI. DEDICATION This instrument of dedication relates to and affects only the above described property. Executed this 15th day of January, 1975. NOTE; SIGNATURES ON FILE FOR THIS DOCUMENT AVAILABLE IN PADRE ISLES PROPERTY OWNERS ASSOCIATION OFFICES.
THE STATE OF TEXAS FIRST AMENDMENT TO PROTECTIVE WHEREAS, by instrument entitled “Protective Covenants and Landowners’ Agreement Padre Island-Corpus Christi, Island Fairway Estates, Blocks 30, 34, 35 and 36” dated January 15, 1975, recorded in volume 1517, Page 111, Deed Records, Nueces county, Texas (the “Protective Covenants”), Padre Island Investment Corporation (“Owner”) imposed certain restrictions upon the use of the land therein described (the “Subdivision”); and WHEREAS, legal title to all of the lots or tracts of land comprising the Subdivision as shown by the records of Nueces County, Texas as of the date hereof is vested in Owner subject to a Deed of Trust (the “Deed of Trust”) dated June 30, 1972 for the benefit of Westinghouse Credit Corporation, recorded in Volume 1292, Page 898, Deed of Trust Records, Nueces County, Texas; and WHEREAS, it is the intent and desire of Owner to amend Article V, Paragraph 10 of the Protective Covenants as herein set forth; NOW, THEREFORE, Owner hereby amends Paragraph 10 of Article V of the Protective Covenants (which Article is entitled “Size, Design and Placement of Improvements”) by deleting in its entirety such Paragraph 10 as now written and substituting for such Paragraph 10 the following: “10. Height: No building located upon Lots 21, 22 and 23, Block 34, Padre Island-Corpus Christi, Island Fairway Estates, Blocks 34, 35 and 36, a subdivision of Padre Island, Nueces County, Texas, or upon any lot or tract of land within Padre Island-Corpus Christi, Island Fairway Estates, Block 30, a subdivision of Padre Island, Nueces County, Texas, may exceed three stories or forty-five feet in height, whichever is the lower; and no building located upon any lot or tract of land located within Blocks 34, 35 and 36 of Padre Island-Corpus Christi, Island Fairway Estates, Blocks 34, 35 and 36, a subdivision of Padre Island, Nueces County, Texas, save and except such Lots 21, 22, 23, Block 34, may exceed four stories or sixty feet in height, whichever is the lower; unless: (a) the total surface area used for the ground floor of any such building (excluding walkways and parking areas) does not exceed fifty percent (50%) of the total surface area of the platted lot or tract upon which the building is located; and (b) the total living area (excluding patios, balconies, decks, walkways and parking areas) of any such building does not exceed an area which is twice the total surface area of the platted lot or tract upon which such building is located.” Westinghouse Credit Corporation, the beneficiary under the Deed of Trust, acting by and through its duly authorized Agent and Attorney-in-Fact, joins in the execution of this amendment for the sole purpose of evidencing its approval hereof. DATED this day of February, 1975. STATE OF TEXAS COUNTY OF NUECES BACKGROUND By instrument entitled “Protective Covenants and Landowners’ Agreement Padre Island-Corpus Christi, Island Fairway Estates, Blocks 30, 34, 35 and 36” dated January 15, 1975 recorded in Volume 1517, Page 111, Deed Records, Nueces County, Texas, as modified by the First Amendment dated February 28, 1975 recorded in Volume 1524 at page 7 of the Deed Records of Nueces County, Texas (the “Protective Covenants”), Padre Island Investment Corporation imposed certain restrictions upon the use of the land therein described (the “Subdivision”). Legal title to more than fifty-one percent (51%) of all of the lots or tracts of land comprising the Subdivision as shown by the records of Nueces County, Texas as of the date hereof is vested in Wesland, Inc., formerly known as Padre Island Investment Corporation (the “Owner”). It is the intent and desire of Owner to amend Article IV, Paragraph 1 of the Protective Covenants as herein set forth. AMENDMENT Owner amends Paragraph 1 of Article IV of the Protective Covenants (which Article is entitled “General Land Use”) by deleting the present Paragraph 1 in its entirety and substituting the following: “1.a. Except as provided in subparagraph b. below, each lot shall be used solely for the operation of a “multi-family dwelling” as hereinafter defined, subject to any further conditions or limitations set forth in the conveyance of such lot out of Owner. Operation of a “multi-family dwelling” means use for high density residential units, including duplexes, tri-plexes, four-plexes, row or cluster housing, apartments or apartment hotels with dwelling units available for rent or for ownership o a cooperative or condominium basis. b. Each lot located within Block 30 of Padre Island-Corpus Christi, Island Fairway Estates Block 30 except Lots 46, 47 and 48 shall be used solely for a single-family dwelling, and for no other purpose.” DATED: December 7, 1993 NOTE: SIGNATURES ON FIILE FOR THIS DOCUMENT AVAILABLE IN PADRE ISLES PROPERTY OWNERS ASSOCIATION OFFICES.
THIRD AMENDMENT TO THE THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, by instrument entitled “Protective Covenants and Landowners’ Agreement, Padre Island-Corpus Christi, Island Fairway Estates, Blocks 30, 34, 35 and 36,” dated January 15, 1975, recorded in Volume 1517, page 111, Deed Records, Nueces County, Texas (New Protective Covenants), Padre Island Investment Corporation (“Owner”) imposed certain restrictions upon the use of the lots and tracts contained in said subdivision of Padre Island, Nueces County, Texas, as shown by map or plat thereof recorded in Volume 40, pages 181-184, Map Records, Nueces County, Texas (the “Subdivision”); and WHEREAS, such Protective Covenants and Landowners’ Agreement (“New Protective Covenants”) was executed by Padre Island Investment Corporation, described as owner therein, and Westinghouse Credit Corporation; and WHEREAS, such instrument was intended to repeal the original Protective Covenants and Landowners’ Agreement for Island Fairway Estates, Blocks 30, 34, 35 and 36 (“Original Protective Covenants”) dated February 25, 1972 and recorded in Volume 1424 Pages 417-426, Deed Records, Nueces county, Texas and become the sole controlling Protective Covenants and Landowners’ Agreement for Island Fairway Estates Blocks 30, 34, 35 and 36, Padre Island-Corpus Christi; and WHEREAS, the New Protective Covenants contain language in Section I Paragraph 3 which inadvertently failed to state that such Covenants control and include Blocks 34, 35 and 36 in addition to Block 30, while stating such inclusiveness elsewhere where appropriate; and WHEREAS, there are no other Protective Covenants and Landowners’ Agreements recorded subsequently to the Original Protective Covenants which control and restrict Blocks 34, 35 and 36, Island Fairway Estates, Padre Island, Nueces County, Texas; and WHEREAS, the Padre Island Investment Corporation contemporaneously with recording the New Protective Covenants recorded its First Amendment to Protective Covenants and Landowners’ Agreement, Padre Island-Corpus Christi, Island Fairway Estates, Blocks 30, 34, 35 and 36 amending the New Protective Covenants and affirming and ratifying in such First Amendment through amended language contained therein that such New Protective Covenants extended to and controlled, among other property, Blocks 34, 35 and 36, Island Fairway Estates, Padre Island-Corpus Christi; and WHEREAS, the Padre Isles Property Owners Association (“Association”) is the Homeowners’ Association for the Development, successor to developer Padre Island Investment Corporation and agent for the property owners within the development; and WHEREAS, the Association desires to affirm and ratify through this Third Amendment that the New Protective Covenants recorded at Vol. 1517 Pages 111-120 control and restrict Blocks 34, 35 and 36 in addition to Block 30, Island Fairway Estates, Padre Island-Corpus Christi; and WHEREAS, said Protective Covenants were previously amended by the following instruments recorded in the Real Property Records, Nueces County, Texas: Date Title Volume Page 12/07/93 Second Amendment to Protective Covenants Document # (the above described Protective Covenants and Landowners’ Agreement, Padre Island-Corpus Christi, Island Fairway Estates, Blocks 30, 34, 35 and 36, together with the two above described amendments are collectively referred to as the “Protective Covenants”); and WHEREAS, Section VIII, Amendment, of the Protective Covenants provides that: At any time the owners of the legal title to 51% of all lots in said subdivision may amend the restrictions, covenants, conditions, and matters set forth herein by filing an instrument containing such amendment in the Office of the County Clerk of Nueces County, Texas, except that, prior to the expiration of fifteen (15) years from date hereof, no such amendment shall be valid or effective without the joinder of Owner, its successors or assigns; and WHEREAS, each record owner was sent a ballot, including and explaining the proposed amendment, to vote for or against this covenant amendment for the subdivision; and WHEREAS, of the 107 record properties within the subdivision, a total of 70 ballots were returned to the Padre Isles Property Owners Association within the time provided; and WHEREAS, 68 ballots so returned and verified were voted FOR this covenant amendment; and WHEREAS, 2 ballots so returned were voted AGAINST this covenant amendment; and, WHEREAS, the Padre Isles Property Owners Association has verified that a majority of the record owners holding title in the subdivision has voted in favor of amending these covenants as proposed and as required by these Protective Covenants; and WHEREAS, more than 15 years have elapsed since the original covenants were filed of record; NOW, THEREFORE, the Padre Isles Property Owners Association hereby amends the following paragraphs of the New Protective Covenants recorded at Vol. 1517 Pages 111-120, Deed Records of Nueces County, Texas, as follows: Section I, Scope of Restrictions, Paragraph 3, final sentence, which now reads: “It is the intention of Owner for only the restrictions, conditions and use limitations herein set forth to hereafter apply to and encumber Padre Island-Corpus Christi, Island Fairway Estates Block 30.” , is hereby deleted and the following sentence is substituted therefore: “These restrictions, conditions and use limitations herein set forth apply to and encumber Padre Island-Corpus Christi Island Fairway Estates Blocks 30, 34, 35 and 36.” Section IV, General Land Use, Paragraph 14, is amended to read: “After construction has begun, improvements must be completed no longer that eighteen months, for multi-family dwellings, and twelve (12) months for single-family dwellings, from the start of construction, unless delayed for some reason beyond the lot owner’s control, in which event the Committee may extend the foregoing time limits.” New Paragraph 18, is added to read as follows: “Block 30 only. No garage or outbuilding apartments for rental purposes will be permitted on any lot. All living quarters on the property, other than the main building, are to be used for the bona fide use of the owner’s or occupant’s immediate family or servants only.” Section V, Design and Placement of Improvements, Paragraph 5, Fences or Walls: second sentence, which now reads: “No fence shall be constructed higher than six feet (6’), unless approved by the Committee; provided, however, no fence or wall exceeding three feet (3’) in height shall be erected, altered or maintained on that portion of any lot adjoining the golf course area or any open green area located within or adjoining the addition.” Is hereby deleted and the following sentence is substituted therefore: “No fence shall be constructed higher than four feet (4’), unless approved by the Committee.” Paragraph 9, Parking: is amended to read: “For blocks 34, 35 and 36 only, one (1) parking space shall be provided for every apartment or dwelling unit without a separate bedroom, one and one-half (1-1/2) parking spaced for every one bedroom apartment or dwelling unit, and two (2) parking spaces for each apartment or dwelling unit containing two or more bedrooms, located within improvements constructed on any lot in the addition.” Paragraph 10, Height: is amended to read: “No building located upon Lots 21, 22 and 23, Block 34, may exceed three stories or forty-five feet in height whichever is the lower; and no building located upon any other lot or tract of land located within Blocks 34, 35 and 36 may exceed four stories or sixty feet height, whichever is the lower; unless: (a) the total surface area used for the ground floor of any such building (excluding walkways and parking areas) does not exceed 50 percent )50%) of the total surface area of the platted lot or tract upon which the building is located; and (b) the total living area (excluding patios, balconies, decks, walkways and parking areas) of any such building does not exceed an area which is twice the total surface area of the platted lot or tract upon which such building is located.” a. The area of the enclosed main dwelling of any one story single family dwelling must not contain less than 1800 square feet;
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