WESTWOOD BEACH PROPERTY OWNERS ASSOCIATION SUBDIVISION RESTRICTIONS Sections A, B, C, D, & E
THE STATE OF TEXAS COUNTY OF HENDERSON
The Westwood Beach Property Owners Association does hereby acknowledge, declare, and adopt the following restrictions, which are hereby impressed on the Lots which shall run with the land. The statement “shall run with the land"' is interpreted to mean that the legal owner of the land, after purchase, is responsible for the payment of all unpaid and current maintenance fees and assessments which are set forth in the bylaws of Westwood Beach Property Owners Association.
1. There shall be established an Architectural Control Committee composed of the Officers and Board of Directors appointed by the undersigned (and/or by designee of the undersigned, from time to time) to protect the owners of lots in all Sections against such improper use of lots as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned structures and structures built of improper or unsuitable materials, to obtain harmonious architectural schemes; to insure the highest and best development of said property; to secure and maintain proper setbacks from streets and adequate free spaces between structures; and, in general, to provide adequately for a high type of quality of improvements in said property, and thereby to enhance the value of investments made by purchasers of lots therein. The undersigned, the Architectural Control Committee, and the Officers and Members thereof shall not be deemed to have assumed any liability with regard to any undertaking by consequence of its enactment and enforcement of, or failure to enact or enforce minimum standards for, any improvements, and no act or omission shall be construed to impose any liability upon the Undersigned, said Architectural Control Committee, or the officers and members thereof for damages which any grantee may sustain.
2. Subject to the provisions of numbered paragraphs 8 and 9 hereof (except on lots 65 & 66 A, I & 2 C, 375 376 377 378 & 379 C, 455 & 456 C, 88 & 89 D, and I E, (on which camping shall never be permitted).all lots are designated as permanent and/or temporary camping lots only, and no building shall be erected or maintained on any lot other than a private boathouse, or a tool storage building (minimum size 30 square feet and a maximum size of 144 square feet). Lots 376, 377, 378, & 379 C are designated as commercial and/or camping lots.
3. Subject to the provisions of numbered paragraphs 8 and 9 hereof, (I) no used existing building or structure of any kind and no part of a used existing building or structure shall be moved onto, placed on, or permitted to remain on any lot; all construction must be of new material (except stone, brick, and inside structural material, if such use is approved in writing by the Architectural Control Committee) and (D) no tar paper type roof or siding materials will be used on any structure, and no sheet metal type of roof or siding materials will be used without written approval of the Architectural Control Committee on any structure, and (lll) the exterior of any building must be painted or stained. All buildings and structures shall be completely underpinned and under skirted with no piers or pilings exposed to view. No natural drainage shall be altered, nor shall any drainage ditch, culvert, nor drainage structure of any kind be installed nor altered, nor shall any curb nor other such impediment to the free flow of water be installed nor altered, without prior written consent of the Architectural Control Committee.
4. No building, fence, or other structure or improvements shall be erected, placed or altered on any lot until two copies of the construction plans and specifications, including specifications of all exterior and roofing materials and a plan showing the proposed location of the structure, have been submitted to and approved in writing by the Architectural Control Committee as to the harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. If construction is not commenced within eight (8) months of such approval, the approval shall be null and void unless an extension is granted in writing.
5. Fences shall be permitted to extend to the side and back lot lines and to within 5 feet of the front lot lines, but without impairment of the easements reserved and granted in these restrictions.
6. No building, mobile home, camper or structure other than a fence shall be located nearer to the side street line than 5 feet or nearer to the side lot line or rear lot line than 5 feet. “Side lot line" and "rear lot line", respectively, 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 the undersigned to) the same person or persons and used as a single building site, shall thereafter mean, respectively, each and/or either of the two outermost side lot lines and the rear lot line furthest from the front lot line considering said contiguous whole and/or fractional lots as one lot, if respectively, the combined width of said contiguous whole and/or fractional lots is at least 30 feet at the widest portion thereof, and if the combined depth of said contiguous whole and/or fractional lots is at least 70 feet a the deepest portion thereof, but no other use may be made of any lot or fractional lot to the extent it has been grouped to alter these minimum setback requirements. No building shall be located nearer to the front lot line than 10 feet.
7. No animals or birds, other than household pets, shall be kept on any lot.
8. Subject to the remaining provisions of this paragraph, no outbuilding or garage, other than a private boathouse or storage building of size herein before provided, shall be erected on any lot, and no outbuilding, boathouse or storage building erected on any lot shall at any time be used as a dwelling, temporarily or permanently, nor shall any shack be placed on any lot. Camping on all Lots shall be limited to use of campers, travel trailers, motor homes. Camping trailers, tents or similar types of temporary camping equipment cannot be left on the lot unattended for more than 24 hours at any one time. Mobile homes may be placed and used on all lots. Mobile homes must be approved in writing by the Architectural Control Committee and must be under skirted with material approved by the Architectural Control Committee. A septic tank system may be constructed only if it complies with the requirements of the Health Department of the State of Texas, the Texas Water Quality Board and the Upper Neches River Municipal Water Authority. The owner of each lot shall keep the same clean and free of weeds and debris such as will be in keeping with the other property and the community at any particular time.
9. Easements are reserved along and within 5 feet of the rear lines of all Lots. Easements are reserved along and within 5 feet of the front lines and the side lines of all lots. Said easements established in the two next preceding sentences are for the construction, operation and perpetual maintenance of conduits, poles, wires and fixtures for electric lights, gas lines, telephone, water lines, sanitary and storm sewers, road drains and other public and quasi-public utilities and 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. To the extent neither said construction, operation nor maintenance of any of the items mentioned in the next preceding sentence has commenced along any respective lot, "side lines of all lots" and "'rear lines of all lots", respectively, 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 the undersigned to) the same person or persons and used as a single building site, shall thereafter mean, respectively, each and/or either of the two outermost side lot lines and the rear lot line furthest from the front lot line considering said contiguous whole and/or fractional lots as one lot, if, respectively, the combined width portion thereof and the combined depth is at least 70 feet at the deepest 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 or cross arms carried by such pole lines pass over some portion of said lots not within the easements as long as such lines do not hinder the construction of buildings on any lots.
The undersigned and/or their designees may, on any lot and/or lots then owned by them, construct, maintain, use and allow to be used by others, parks, swimming pools, playgrounds, community center buildings, sales offices, water wells and related pumping, storage, operation and maintenance facilities, and the like, and numbered paragraphs 2, 3, 6, 7 and 8 hereof shall not apply thereto.
10. No outside toilet or privy shall be erected or maintained. The materials installed in, and the means and methods of assembly of, all sanitary plumbing shall conform with the requirements of the Health Department of the State of Texas, the Texas Water Quality Board and the Upper Neches River Municipal Water Authority. No sewage nor effluent shall be disposed of on any lot except into a septic tank system or other approved system meeting the aforesaid requirements. ·
11 . Any building, structure, or improvements, commenced upon any lot shall be completed as to exterior finish and appearance, within six (6) months from the commencement date. No lot, nor portion of any lot, shall be used as a dumping ground for rubbish or thrash, nor for storage of items or materials (except during construction of a building), and all lots shall be kept clean and free of any boxes, rubbish, trash or other debris. Refrigerators and other large appliances shall not be placed outdoors. The undersigned shall have the right to enter the property where a violation exists under this paragraph and remove the incomplete structure or other items at the expense of the offending party.
12. No lot or any part of a lot shall be used for a street, access road or public thoroughfare without the prior written consent of the undersigned, its successors and assigns.
13. If the owner of any lot, 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 any Section 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 fees for such violation, or both.
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.
15. 1734 lots in five (5) Sections are owned by the property owners, with the exception of lots 65 & 66 A (A Boat Dock), Lot 375 C (C Boat Dock), Lots 88 & 89 D (D Boat Dock), Lots 1 & 2 C - Dumpster area, Lots 456 C & 1 E - Community Center and Swimming Pool.
The amendments to these restrictions were approved by the Westwood Beach Property Owners at the annual meeting on June 26, 1999 by two thirds vote.