RESTATED RESTRICTIONS, RESERVATIONS, AND COVENANTS
OF STERLING SHORES § STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS: § COUNTY OF MATAGORDA
That STERLING SHORES HOMEOWNERS ASSOCIATION, a Texas non-profit corporation, acting by the undersigned officers hereunto duly authorized, having been assigned the right to amend, modify, qualify or waive any of the provisions of the deed restrictions in and to that certain tract of land of 21.530 acres in the S. R. Fisher One-Quarter League, in Matagorda County, Texas, covered by and reflected by a Plat and Dedication of STERLING SHORES [filed on July 18, 1972 and recorded In Book 7, Page 4, of the Plat Records of Matagorda County, Texas], which assignment was from MATAGORDA DUNES, INC. to PREFERRED ENVIRONMENTS, INC.
and filed for record on July 7, 2003, as instrument no. 034538 [03500135552001/Year: 2003/No:
034538/Type: ASGMT], does hereby modify and amend the permanent Restrictions, Reservations, and Covenants and adopts the following permanent Restrictions, Reservations, and Covenants, as applicable to and governing said Subdivision and the rights of the purchasers of lots in said Subdivision, to-wit:

I. The street, walkways, and easements as shown on said Plat are not dedicated to the public, but are set aside solely for the private use and benefit of the owners and lawful residents of property in said subdivision and adjacent subdivisions; except that a 10-foot wide utility easement crossing Blocks 2-6, inclusive, is reserved to the undersigned, or any successor in title to the water system serving this Subdivision, for the maintenance, repair, replacement with larger mains (if deemed necessary), or the removal of the waterline located thereon. No building or structure shall be placed or erected over any part of said easement, and no property owner shall be entitled to any damages from any operations reasonably necessary or proper for such maintenance, repair or removal.
There is further reserved to the owners of said water system, its agents, employees, or representatives, the right of access to said utility over any lot through which said easement runs for any such operations, when no other adequate practical means of access if available.

II. This restriction shall not apply to or affect any residence or structure in existence on the date of the filing of this instrument in the office of the County Clerk of this County, but the following setback provisions shall be applicable to any residences, structures, or additions to existing structures, hereafter erected or placed on lots in said Subdivision:
(a) No structure, or part thereof, shall be located within 25 feet of the front line of any lot on Beachfront Drive, or nearer than 5 feet to the side lines of any such lot.
(b) No portion of any house or structure shall be placed or located within 60 feet of the Southeast lines, respectively, of Lots 1-30, inclusive, of Block 1, or within 50 feet of the Southeast lines, respectively, of Lots 31-60, inclusive, of said Block 1.
(c) No separate or detached garage, boathouse, or structure shall be placed or located on any

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single lot in Block 1 on which a residence is constructed, but on any lot on which no residence is or has been erected a separate building may be placed for any lawful use not inconsistent with these restrictions, provided that no such separate building which is unsightly or detracts from the appearance of the Subdivision shall be so erected. The determination of whether any such building is suitable in appearance may be made by the undersigned Company, or by any Architectural Committee of property owners which may be hereafter appointed by the undersigned.

III.
(a) No building or structure shall be erected on the green belt area adjacent to the Southeast line of Block 1; provided that this restrictions shall not prohibit the placing thereon of garbage collection facilities, picnic tables, or other facilities customarily useful for a private parkway, but in no event shall anything be placed thereon unreasonably interfering with the view of the Gulf of Mexico from any residence in Block 1.
(b) All lots in this Subdivision are reserved solely for private residential use, and only single-family residences of conventional construction shall be placed thereon. The placing on any lot in this Subdivision of pre-fabricated structures, commonly designated and known, as "mobile homes" or “manufactured homes” is expressly prohibited, regardless or whether or not the same be placed on a permanent foundation; and the placing of a mobile home or similar structure on a permanent foundation, with or without additions or attached construction added to or
surrounding the same, shall be a violation of this restriction, and is expressly prohibited.
(c) No business, professional, or commercial enterprise shall be carried on or located on any lot in this subdivision or on the green belt adjacent to any such lot.
(d) Automobiles or other self-propelled machinery which are not operable or are not currently licensed with the State of Texas shall not be stored in this Subdivision.
(e) Roofing materials within this subdivision may not contain rocks, gravel or other loose material which may blow away in a strong wind.

IV. [Reserved].
V. No owner of any lot in this Subdivision shall be entitled to make any claim for damages occasioned by the establishing or changing of grades on Beachfront Drive; provided that any such grade shall be established or approved either by the County Engineer or a competent civil engineer. The walkways designated on the Plat may be used for drainage purposes.

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VI. Matagorda Dunes, Inc., was not the owner of all of the oil, gas, and other minerals, but outstanding mineral interests have been reserved by prior owners. Any deed of conveyance of any lot within this Subdivision, whether so specifying or not, shall convey only such interest in the minerals in and under said lot as haD been acquired and was owned by Matagorda Dunes, Inc., on July 18, 1972.

EXECUTED, this _______ day of _____________, 2003.
STERLING SHORES HOMEOWNERS
ASSOCIATION

By:_________________________________
_________________________________
President

ATTEST:
______________________________
_______________________Secretary
STATE OF TEXAS
COUNTY OF TRAVIS

BEFORE ME, the undersigned authority, on this day personally appeared______________________________, President of STERLING SHORES HOMEOWNERS ASSOCIATION, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged the same to be the act and deed of said corporation, and that he has executed the same as the act and deed of said corporation for the purposes and
considerations therein expressed, and in the capacity indicated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ______ day of _________, 2003.
______________________________
Notary Public in and for ____________County, Texas
Notary’s Stamp or Seal:
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