Subdivision Restrictions

Holiday Beach, Palmetto Point Section – Lots 1-105

Holiday Beach Property Owners' Association, Inc, the owners of Holiday Beach, Palmetto Point 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 carport, 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 the 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 herein after 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 or rear lot line than 6 feet, rear lot line restriction does not apply to any lot on bay or channels.   "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 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 poles 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 subdivision.

11.       No outside toilet or privy shall be erected or maintained in the subdivision. All sanitary plumbing shall conform with 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 proceeding 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, recorded September 25, 1964, in Vol. Z-4, Page 525, as Document #47536, as corrected and amended by Document #48877 recorded March 16, 1965 in Vol. 108, Page 58.