Subdivision Restrictions
Holiday Beach, Hillcrest Section
Holiday Beach Property Owners'
Association, Inc, the owners of Holiday Beach, Hillcrest Section, as shown by the plat thereof duly record in the Plat Records
of Aransas County, Texas, do hereby acknowledge, declare and adopt the following restrictions, which are hereby impressed
on all of said property, and these restrictions and covenants shall run with the land:
1. Except on those lots designated as commercial
lots on the aforesaid plat, no building shall be erected or maintained on any lot in said subdivision other than a private
residence and a private garage for the sole use of the owner or occupant.
2. No old, used, existing building or structure of any kind and no part
of an old, used, existing building, or structure shall be moved onto, placed on, or permitted to remain on any lot.
All construction is to be of new material.
3. Each residence shall have a minimum floor area of 500 square feet for off-shore
lots and 750 square feet for water-front lots, exclusive of porches, stoops, open or closed carports, patios or garages.
4. No building shall
be erected, placed or altered on any lot until the construction plans and specifications and plan showing the location of
the structure have been approved by the Architectural Control Committee as to harmony of external design with existing structures
and as to location with respect to topography and finish-grade elevation.
5. The Architectural Control Committee is composed of three (3) members
appointed by the undersigned for the betterment and improvement of the subdivision .
6. No fence shall be permitted to extend nearer
to the street than the minimum set back line hereinafter provided.
7. No residential structure shall be located nearer to the front lot line
than 20 feet, or nearer to the side street line than 10 feet, or nearer to the side lot line than 6 feet. "Side
lot line" as used in this paragraph, in respect to any two or more contiguous whole and/or fractional lots owned by (and/or
under a contract to be conveyed by Holiday Beach Property Owners' Association, Inc to) the same person or persons, shall
mean each and/or either of the two outermost side-lot-lines considering said contiguous whole and/or fractional lots as one
lot, if the combined width of said contiguous whole and/or fractional lots is at least 50 feet at the widest portion thereof
8. No animals or birds,
other than household pets, shall be kept on any lot.
9. No outbuilding or basement erected on any lot shall at any time be used as a dwelling,
temporarily or permanently, nor shall any house trailer or shack be placed on any lot, nor shall any residence of a temporary
character be permitted.
10. Easements
are reserved along and within 6 feet of the rear line, front line and side lines of all lots in this subdivision for the construction
and perpetual maintenance of conduits, poles, wires and fixtures for electric lights, telephones, water mains, sanitary and
storm sewers, road drains and other public and quasi-public utilities and to trim any trees which at any time may interfere
or threaten to interfere with the maintenance of such lines, with right of ingress to and egress from across said premises,
to employees of said utilities. Said easement to also extend along any owner's side and rear
lot property line in case of fractional lots. "Side lines of all lots" as used in this paragraph,
in respect to any two or more contiguous whole and/or fractional lots owned by (and/or under a contract to be conveyed by
Holiday Beach Property Owners' Association, Inc to) the same person or persons, shall mean each and/or either of the two
outermost side-lot lines considering said contiguous whole and/or fractional lots as one lot, if the combined width of said
contiguous whole and/or fractional lots is at least 50 feet at the widest portion thereof.
It is understood and agreed that it shall not be considered
a violation of the provisions of the easement if wires or cables carried by such pole lines pass over some portion of said
lots not within the 6 foot wide strip as long as such lines do not hinder the construction of buildings on any lots in this
subdivisions.
11. No
outside toilet or privy shall be erected or maintained in the subdivision. All sanitary plumbing shall
conform to the minimum requirements of the Health Department of Aransas County and the State of Texas.
12. An assessment of
$35.00 per lot per year shall run against each lot in said subdivision for the operation of the association, maintenance of
facilities, buildings, and park areas designated on the plat of such subdivision or in the subdivision restrictions. Such
assessment shall be and is hereby secured by a lien on each lot respectively and shall be payable to the Holiday Beach Property
Owners' Association, Incorporated (HBPOA). The Annual Maintenance Assessment (AMA) will be due each
year on a month to be determined by the equitable prorated method with the month currently being utilized for payment.
A property owner having more than one lot with AMA due in different months may be combined by an equitable prorated
method and assessed together. Property Owners with less than one full platted lot shall be considered as
one lot and will be billed according. Failure to pay the AMA on property in Holiday Beach shall become
a debt to the owner(s) and maybe attached by lien if the AMA has not been paid within one year of the due date.
Said assessment lien shall be junior and subordinate to any other lien which may be placed on any lot or any portion
of any lot. Failure to pay the AMA shall result in the property owner being denied the use of Holiday Beach
facilities. Expenses incurred in the filing\releasing of liens along with any other expense in collecting
the AMA may be charged to the property owners. No interest charge shall be charged for non-payment of any
assessment by the HBPOA. This AMA may not be raised for five years from the effective date of this
increase.
13. If
the owner of any lot in said subdivision, or any other person, shall violate any of the covenants herein, it shall be lawful
for any other person or persons owning any real property situated in said subdivision to prosecute any proceedings at law
or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him
or them from so doing or to recover damages or other dues for such violation.
14. Invalidation of any one or more of these covenants and restrictions
by judgment of any court shall in nowise affect any of the other covenants, restrictions and provisions herein contained,
which shall remain in full force and effect.
Original on file in Deed Records at County Clerk's Office, Aransas County Courthouse, Rockport, TX, as Document
#13527 recorded on September 25, 1964 in Vol. Z-4, Page 528, as corrected and amended by Document #48877 recorded on March
16, 1965 in Vol. 108, Page 58
