RESTRICTIONS INCORPORATED WITH AMENDMENTS
RESTRICTIONS BY AMERICAN HOME REALTY COMPANY
IN
NEPTUNE HARBOR ADDITION IN
THE COUNTY OF ARANSAS, TEXAS
THE STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF ARANSAS }
THAT AMERICAN HOME REALTY COMPANY, the owners of all the lots in Neptune Harbor Addition, in Aransas County, Texas, according to the map and plat of said Addition, on file in the office of the County Clerk of Aransas County, Texas, in Plat Records, Volume 2, page 133, of said Aransas County, Texas, hereby with these restrictive covenants do restrict the said property and these said restrictions shall be binding upon all the owners or purchasers of the lots in this Addition, their respective heirs, executors, administrators or assigns.
I.
All lots shall be used for single family residential purposes only. There may be erected on each lot or building site one private garage or car-port, for not more than three cars, for the sole and exclusive use of the owner or occupant of said dwelling, one guest house, one servants’ quarters and one boathouse, and such guest house, servants’ quarters and boathouse shall be for the sole and exclusive use of the owner or occupant of the principal residential dwelling on the building site, and of bona fide guests or servants of said owner or occupant. No garage apartment or guest house for rental purposes shall be permitted. (SEVENTH AMENDMENT – April 20, 2008): No permanent structure shall be more than 37 feet in height at the top line of the roof, except for the addition of a widow’s walk or cupola, which may extend to a maximum of 40 feet. All new residential construction must meet or exceed Texas Windstorm Codes. No guest house, garage, car-port or servants’ quarters shall be used for human habitation prior to the commencement of the construction of the principal residence to be located on the same building site, and no such guest house, garage, or servants’ quarters can be so occupied unless construction on the principal residence is continued with reasonable diligence. The owner of a residential lot shall be permitted to erect a boathouse approved by the Architectural Oversight Committee prior to the erection of the principal dwelling unit. (FIRST AMENDMENT – July 1, 1989): On any new construction of a residential building, all driveways shall be paved or asphalted. The living area of any new residential building shall contain not less than 1,200 square feet.
(THIRTEENTH AMENDMENT – October 1, 2022): All references in these Restrictions to “bulkhead” and/or “bulkhead line” shall mean “original bulkhead” and/or “original bulkhead line” as the same are shown on the Plat of the Neptune Harbor Additional recorded in Volume 2, Page 133 of the Real Property Records of Aransas County, Texas.
II.
With the exception of lots 1, 20, 21, 22, 23, 24 and 25 as designated on the above mentioned map and plat of said addition, no principal residential dwelling shall be located on any lot so that the main structure is closer to any front property line than twenty (20) feet. No principal residential dwelling shall be located on Lot 1 so that the main structure is closer to the front property line than seven (7) feet on the north property line of said excepted lot, and no principal residential dwelling shall be located on Lots 20, 21, 22, 23, 24 and 25 so that the main structure is closer to any front property line than twelve (12) feet. No principal residential dwelling shall be located on any lot so that the main structure is closer to any side property line than ten percent of the frontage of the lot, or five (5) feet, whichever is the greater. No detached garages or other outbuildings shall be allowed in the Addition except boathouses unless approved in writing by the Committee hereinafter provided for, and in no case shall any outbuilding other than a boathouse be located on any lot so that the main structure is closer to any side property line than ten percent of the frontage lot or five (5) feet, whichever is the greater. No building, except a boathouse (SEVENTH AMENDMENT – April 20, 2008): or other permitted structure (i.e., fish cleaning stands, boatlifts) shall be located nearer than ten (10) feet to any bulkhead line. A bulkhead line shall be understood to mean the outer edge of the bulkhead next to the water, but not including boat slips. Nothing herein contained shall be construed to prevent the use as a building site of two or more lots, or portions thereof, provided that not more than one single family residence shall be built on any one lot designated as such on the above described map and plat.
III.
(SEVENTH AMENDMENT – April 20, 2008): All principal residential dwellings shall be constructed on all lots so that the ground level or soil foundation pad shall not exceed 4 feet from the planned building foundation and additionally, the soil pad must be approved by a professional engineer as to having adequate drainage to prevent flooding / excessive drainage into adjacent lots. (THIRD AMENDMENT – January 14, 2003 – deleted with 7th amendment).
IV.
Sewage disposal shall comply with recommendations made by the Texas State Department of Health, and there shall be no outside toilets or privies. (SEVENTH AMENDMENT – April 20, 2008): Septic tanks must be approved by the Aransas County Environmental Health Dept. and have no direct discharge into any channel, waterway or road ditches.
V.
No noxious or offensive trade or activity, including the keeping or treating for profit of persons afflicted with tuberculosis or any other infectious disease, 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. (FIFTH AMENDMENT – September 13, 2004): All residences are single family homes. Residences can only be rented on a long term, 6 months or more, lease basis to another single family. Daily, weekly, monthly, weekends, etc. terms of rent are not allowed. Room or apartment rentals are not allowed. Rentals to businesses or multiple persons are not allowed. Use as a “party home” for clients or business associates is not allowed. Active business cannot be conducted from your residence.
VI.
(TWELFTH AMENDMENT - September 26, 2019): No trailer (mobile home, RV), tent, garage, or other outbuilding shall at any time be used on any part of a member's lot as a residence, either temporarily or permanently. In the case of a special circumstance of fire or natural disaster, such as a hurricane, flood, or tornado, which renders the home unlivable, members must seek approval from the Board to place one trailer on their lot(s), for member's and member's immediate family's personal living use only during the reconstruction process, for a period not to exceed eighteen (18) months from the date of the special circumstance. Nor shall any residence of a temporary character be erected or permitted on any part of the tract. Members in violation of this restriction will be fined $100 per day for each day the violation occurs. (SEVENTH AMENDMENT – April 20, 2008 deleted with TWELFTH AMENDMENT)
VII.
No fence or garden wall, over 18 inches in height, shall be erected between the front property line and the front building set back line. No fence or wall shall be constructed anywhere in the Addition which shall exceed six (6) feet in height. (SEVENTH AMENDMENT – April 20, 2008): No fence shall be installed nearer than six (6) feet distance parallel to the bulkhead line. In addition, any side property fence extending to the bulkhead line must have a readily operable hinged section (gate), a minimum of one and one half (1.5) feet in length, nearest the water for emergency egress. Prior to the commencement of construction of any fence in the Addition, sufficient information must be submitted to the Architectural Oversight Committee to enable it to determine if the construction of such fence or wall will adversely affect the other properties in the Addition.
VIII.
No fence, wall, hedge, or shrub planting which obstructs sight lines at elevation between two and six feet above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 20 feet from the intersection of the street property lines extended. No trees shall be permitted to remain within such distance of such intersection unless the foliage lines are maintained a sufficient height to prevent obstructions of such sight lines.
IX.
No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposes.
X.
Construction of new buildings only shall be permitted, it being the intent of this Restriction to prohibit the moving of any existing building on to a lot and remodeling or converting same into a dwelling unit in this Addition.(SEVENTH AMENDMENT – April 20,
2008): No premanufactured homes shall be allowed.
XI.
No bulkhead may be cut for any purpose without written permission of the Architectural Oversight Committee.
XII.
No boat or vessel shall exceed a speed of five (5) miles per hour when using any channel.
XIII.
(Thirteenth Amendment – October 1, 2022: deleted prior section in its entirety and replaced). No boat dock or other obstructions shall be placed or constructed in “Main Channel,” and no boats or other vessels shall be moored, anchored, or docked in “Main Channel” with the only exception being that boats or vessels parked in an individual owner’s boat “stall” or “slip” constructed off the “Main” channel, may protrude or extend into the “Main Channel” a distance not in excess of five (5) feet. No boat dock shall be placed or constructed in either the “First” or “Second” Cross Channels so that the dock extends into either of said channels in excess of three (3) feet. The fixed arms of the boat lift or elevator can extend beyond the three (3) foot and five (5) foot requirements.
Boat lifts and elevators may have “fixed arms” and must be raised out of the water if no boat is docked at the time. The horizontal “fixed arms” of any boat lift or elevator must be affixed with reflectors, reflective tape or a similar reflective device so that the “arms” are visible to boat traffic in both directions of the canal. For any lot abutting the First or Second Cross Canals, no boat, boat lift, or elevator can extend beyond fifteen (15) feet from the bulkhead line of the lot being secured by the boat lift or elevator.
All boats or vessels shall be docked or moored in the “Cross Channels” in such manner that the vessel or boat shall remain within fifteen (15) feet of the channel bulkhead. It is the intent of the above restrictions to insure the free and uninterrupted movement of boat traffic within all of the “Main” Channel and within the twenty (20) foot center of each of the “First” and “Second” Cross Channels.
Any portion of any lot on which a channel is located as shown on the above mentioned map or plat of Neptune Harbor Addition is hereby restricted solely for the construction, repairing and maintenance of a channel and boat docks as herein provided, for the benefit of all owners of lots in said Addition, and said channels as shown on said plat shall never be filled in any way whatsoever except as provided specifically on said above mentioned map and plat.
XIV.
No roofs, protrusions or other overhead structures shall be so constructed so as to extend over any part of “Main” or “Cross” Channels. Nothing herein contained shall prevent the building or extending of structures over individual owner’s boat “stalls” or “slips”.
XV.
The “Main” and “Cross” channels shall at all times hereafter be maintained and kept open as boat channels serving the property situated in Neptune Harbor to be used and enjoyed by property owners in Neptune Harbor, providing, however, that land abutting or into which said channels extend shall have a like right of use.
All channels and waterways shall at all times be kept free of debris, trash, rubbish, garbage or other unsightly or unsanitary articles or hazards to navigation. None of the foregoing or any other foreign matter shall be at any time deposited, dumped or left in any such channel or waterway, nor shall any hazard to navigation or boats, hulks, derelicts, or
other floating objects other than properly tended or moored boats be at any time permitted in any such channel or waterway. The owner of each lot shall be responsible for the maintenance of the portion of the channel located on his lot provided; however, the NEPTUNE HARBOR CANAL OWNERS ASSOCIATION, a non-profit corporation, has been granted an easement in, over and on that portion of all lots in the Addition, said easement being over that part of each lot marked “channel” or “waterway” on the plat filed herewith, and said Association shall have the privilege of curing any default of the owner of such property in connection with the foregoing at any time, and any reasonable expense incurred in so doing shall be paid by the owner of such property on which the default exists.
XVI.
That portion of the Channel bulkhead located on each lot shall be maintained for the benefit of all property owners in the subdivision, by the owner of the lot on which the bulkhead is located.
XVII.
(FIRST AMENDMENT – July 1, 1989): No structure of any kind shall be built of “sheet metal”, in whole or in part, unless the exterior surfaces of same shall be covered with stucco, weatherboard, brick, stone or other veneer materials. (NINTH AMENDMENT – December 1, 2008): Non-reflective Standing Seam and Tile Metal roofs will be permitted after review and approval by the Architectural Oversight Committee.
XVIII.
All public or private transmission and service wiring for electrical, communication and community television systems, services, and service lines must be installed and buried under ground and in accordance with the National Electric Safety Code. Each lot owner will furnish, install, own, and maintain his own underground electric service cable from his meter to the appropriate service pedestal.
The meter loops on the building shall conform to the standard Central Power and Light Company meter standards. Electric service from house to power pedestal shall be buried underground with a minimum cover of 24”. Only single-phase underground electric wires will be permitted or installed in the Addition unless and until the Power Company wishes to change same.
XIX.
No lot shall be used or maintained as a dumping ground for rubbish, trash, storage of materials, or other debris. All fronts, sides, or rear of any lot, structure or building shall be kept clean and free of any boxes, rubbish, garbage, trash or other debris. ALL garbage and food waste must be kept and contained in sanitary containers of sufficient number or size to contain same until collection or disposition thereof.
XX.
A clothesline shall not be placed upon any lot which shall be visible from a street or waterway.
XXI.
No sign shall be permitted on any lot larger than six (6) square feet in area. After construction of the principal residential dwelling no sign shall be permitted on a lot in excess of two (2) square feet in area unless the premises are for sale.
XXII.
(SIXTH AMENDMENT – April 9, 2007): No drilling, mining, quarrying, exploration or operation in any way connected therewith for oil or minerals on or below the surface of the earth shall be permitted or conducted within the boundaries of Neptune Harbor Addition. Planned water wells in compliance with State and County rules governing water wells, and location approved by the Architectural Oversight Committee will be approved for construction by a majority vote of the NHCOA board of Directors. No bulk storage above or below ground of bottle gas and petroleum products shall be permitted.
XXIII.
Grass, shrubbery and vegetation shall be regularly mowed and trimmed on all lots, and owners of each lot shall not permit any easement to be obstructed by fences, trees, shrubs or otherwise.
XXIV.
No improvements of any character and no building shall be erected, placed, or altered on any building site, lot or tract governed by this declaration unless and until the construction plans and specifications, and the plot plan showing the location of existing, if any, and planned additional buildings and improvements on the building site, together with the topography, shall have been submitted to the Architectural Oversight Committee in duplicate and approved by said Committee, in writing. The Construction plans and specifications and plot plan above required shall be considered as submitted when delivered, in duplicate, to the office of the Architectural Oversight Committee. If approved, the construction may then proceed strictly in accord with such plans and specifications; if DISAPPROVED, they shall be returned showing the corrections necessary for approval and resubmitted for approval, as in the first instance. If approval is granted on any plans and specifications so submitted, construction shall be commenced within eight (8) months thereafter, and if such construction is not commenced within that period, such approval shall be null and void and of no further force and effect. In extenuating circumstances and upon written request in advance, extensions of said eight (8) month period may, at the option of the Committee, be granted to the applicant.
The Architectural Oversight Committee, in considering the construction plans and specifications and the plot plan required to be submitted hereby, shall determine if same meet the requirements of the restrictions, and shall determine if the appearance of the structure or structures, and the quality of the workmanship and materials and external design are all in harmony with other structures in the immediate vicinity of the location of the proposed
structure, and elsewhere in the Addition to which these restrictions apply, and in harmony with such proposed scheme or plan of development as said Committee shall establish.
A majority of said Committee may designate a representative to act for it. In the event of death or resignation of any member of said Committee, the remaining members shall have full power and authority to act and to approve and disapprove any submitted plans and specifications. They shall also have the power and authority to designate a successor, with like authority, to serve upon the Committee and said remaining members shall, within six (6) months after death or resignation of a member, designate a successor.
If, after having submitted satisfactory plans and specifications to the Committee, approval or disapproval is not furnished to the applicant within thirty (30) days of such submission, or, in any event, if no suit to enjoin the erection of such buildings or alterations has been commenced prior to the completion thereof, such plans and specifications and plot plan shall be considered as having been approved, and this covenant will be deemed to have been fully complied with.
In the event any lot owner is dissatisfied with and objects to a ruling of the Committee provided herein, any action of the Committee may be reviewed, modified, changed or amended provided the following procedure is followed:
Neither the members of the Committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
At any time, the then record owners of a three-fourths (3/4) majority of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers and duties.
XXV.
The property covered hereby shall be subject to the easements, rights of way and other provisions and dedications which appear on the map or plat of the Addition called NEPTUNE HARBOR, and shall be subject to the provisions and all other instruments filed for record and relating to the land covered hereby.
XXVI.
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless (SECOND AMENDMENT – August 11, 2001): an instrument signed and duly recorded by a majority of the Board of Directors of the NHCOA certifying that vote and/or proxy ballots affirmatively changing the restrictions, as herein after set forth, were received from the owners of the lots within Neptune Harbor. For purpose herein any change of these restrictions may be made upon receipt of at least fifty (50) percent of the votes and/or proxy ballots from owners of lots in which any proposed change is affirmatively agreed to by a majority of the ballots.
XXVII.
(EIGHTH AMENDMENT – March 12, 2008)- Addition/Extension of Neptune Harbor Addition Two to Restrictions:
Whereas, Mark W. Jones and Suzanne M. Jones, the owner's of Lamar Outlot 44, plat of said Annex, on file in the office of the County Clerk of Aransas County, Texas, in Plat Records Volume 2, page 36, hereby with these restrictive covenants recorded in Vol. Z-4, pgs. 123 - 133, do restrict the said property and these said restrictions shall be binding upon all of the owners or purchasers of these lots, their respective heirs, executors, administrators or assigns.
Mark W, Jones and Suzanne M. Jones, the owner's of Lamar Outlot 44 do further restrict said property to a maximum future development of three (3) single family homes, on said property for homes as defined in these covenants. By adopting these restrictive covenants and limited future development, Neptune Harbor Canal Owners' Association does grant written permission for a Second Cross Channel extension to a maximum of 145 feet long X 50 feet wide into said property and does adopt Outlot 44 into Neptune Harbor Addition as Neptune Harbor Addition Two as per the recorded plat, as dues paying and full voting rights members of the Association.
From this point forth, Outlot 44 is Neptune Harbor Addition Two. This lot and any and all subsequently subdivided lots are read as inclusive to Neptune Harbor Addition for all articles and amendments of these Restrictive covenants, recorded in Vol. Z-4, pgs. 123 - 133, on file in the office of the County Clerk of Aransas County, Texas."
Invalidation of any one of these covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect.
EXECUTED at Dallas, Texas, this 3rd day of August, 1964.
AMERICAN HOME REALTY COMPANY
By / s / Burwell J. Thompson, President
Attest:
/ s / Richard S. Woods, Ass’t. Secretary THE STATE OF TEXAS }
COUNTY OF DALLAS }
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, upon this day personally appeared BURWELL J. THOMPSON, President of AMERICAN HOME REALTY COMPANY, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said AMERICAN HOME REALTY COMPANY, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 3rd day of August, A. D.
1964.
/ s / Shirley Carney
Notary Public in and for Dallas County, Texas
THE STATE OF TEXAS } AGREEMENT COVERING LAND IN} NEPTUNE HARBOR ADDITION
COUNTY OF ARANSAS } ARANSAS COUNTY, TEXAS
WHEREAS, AMERICAN HOME REALTY COMPANY, a Texas corporation with its principal office in Dallas, Texas, is the present owner and developer of the surface estate to the land covered by a plat designated “Neptune Harbor Addition”, dated August 3rd, 1964, and signed by Burwell J. Thompson, President of American Home Realty Company, and acknowledged by Shirley Carney, Notary Public, Dallas County, Texas, on August 3rd, 1964, said plat being filed in the Map and Plat Records of the County Clerk of Aransas County, Texas; and,
WHEREAS, in order that all canals and waterways, excluding the bulkheading thereof, designated on said plat shall be properly maintained for the benefit of all owners of lots in said addition, a Texas non-profit corporation known as NEPTUNE HARBOR CANAL OWNERS ASSOCIATION has been formed for the purpose of maintaining said areas; and,
WHEREAS, it is necessary for the proper maintenance of said canals and waterways for the owners of lots in Neptune Harbor Addition to assume certain responsibilities toward said maintenance;
NOW, THEREFORE, WITNESSETH:
The following covenants are hereby made covenants running with the land, and shall be binding on the present and future owners of lots in the above mentioned Neptune Harbor Addition, which covenants are hereby made a part of the general plan or scheme for the systematic development and maintenance of the canals and waterways and/or the said addition:
shall become obligated under the provisions of (1) and
09/27/19
(2) of paragraph (a) above, insofar as such provisions apply to that portion of the canal or waterway on or adjacent to his lot.
In the event any provision hereof shall be for any reason unenforceable, the remaining provisions hereof shall continue to be fully enforceable in accordance with their terms and provisions.
EXECUTED this 3rd day of August, 1964.
AMERICAN HOME REALTY COMPANY
By / s / Burwell J. Thompson, President
Attest: / s / Richard S. Woods, Ass’t. Secretary
NEPTUNE HARBOR CANAL OWNERS ASSOCIATION
By / s / T. L. Wynne, Jr., President
Attest: / s / John A. Henry, III, Secretary
THE STATE OF TEXAS } COUNTY OF DALLAS }
BEFORE ME, the undersigned authority, on this day personally appeared BURWELL J. THOMPSON, President of AMERICAN HOME REALTY COMPANY, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said AMERICAN HOME REALTY COMPANY, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 3rd day of August, 1964.
Bettie H. Quiram
Notary Public in and for Dallas County, Texas
THE STATE OF TEXAS } COUNTY OF DALLAS }
BEFORE ME, the undersigned authority, on this day personally appeared T. L. WYNNE, JR., President of NEPTUNE HARBOR CANAL OWNERS ASSOCIATION, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said NEPTUNE HARBOR CANAL OWNERS ASSOCIATION, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 3rd day of August, 1964
Bettie H. Quiram
Notary Public in and for the County of Dallas
RESTRICTIONS BY AMERICAN HOME REALTY COMPANY
IN
NEPTUNE HARBOR ADDITION IN
THE COUNTY OF ARANSAS, TEXAS
THE STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF ARANSAS }
THAT AMERICAN HOME REALTY COMPANY, the owners of all the lots in Neptune Harbor Addition, in Aransas County, Texas, according to the map and plat of said Addition, on file in the office of the County Clerk of Aransas County, Texas, in Plat Records, Volume 2, page 133, of said Aransas County, Texas, hereby with these restrictive covenants do restrict the said property and these said restrictions shall be binding upon all the owners or purchasers of the lots in this Addition, their respective heirs, executors, administrators or assigns.
I.
All lots shall be used for single family residential purposes only. There may be erected on each lot or building site one private garage or car-port, for not more than three cars, for the sole and exclusive use of the owner or occupant of said dwelling, one guest house, one servants’ quarters and one boathouse, and such guest house, servants’ quarters and boathouse shall be for the sole and exclusive use of the owner or occupant of the principal residential dwelling on the building site, and of bona fide guests or servants of said owner or occupant. No garage apartment or guest house for rental purposes shall be permitted. (SEVENTH AMENDMENT – April 20, 2008): No permanent structure shall be more than 37 feet in height at the top line of the roof, except for the addition of a widow’s walk or cupola, which may extend to a maximum of 40 feet. All new residential construction must meet or exceed Texas Windstorm Codes. No guest house, garage, car-port or servants’ quarters shall be used for human habitation prior to the commencement of the construction of the principal residence to be located on the same building site, and no such guest house, garage, or servants’ quarters can be so occupied unless construction on the principal residence is continued with reasonable diligence. The owner of a residential lot shall be permitted to erect a boathouse approved by the Architectural Oversight Committee prior to the erection of the principal dwelling unit. (FIRST AMENDMENT – July 1, 1989): On any new construction of a residential building, all driveways shall be paved or asphalted. The living area of any new residential building shall contain not less than 1,200 square feet.
(THIRTEENTH AMENDMENT – October 1, 2022): All references in these Restrictions to “bulkhead” and/or “bulkhead line” shall mean “original bulkhead” and/or “original bulkhead line” as the same are shown on the Plat of the Neptune Harbor Additional recorded in Volume 2, Page 133 of the Real Property Records of Aransas County, Texas.
II.
With the exception of lots 1, 20, 21, 22, 23, 24 and 25 as designated on the above mentioned map and plat of said addition, no principal residential dwelling shall be located on any lot so that the main structure is closer to any front property line than twenty (20) feet. No principal residential dwelling shall be located on Lot 1 so that the main structure is closer to the front property line than seven (7) feet on the north property line of said excepted lot, and no principal residential dwelling shall be located on Lots 20, 21, 22, 23, 24 and 25 so that the main structure is closer to any front property line than twelve (12) feet. No principal residential dwelling shall be located on any lot so that the main structure is closer to any side property line than ten percent of the frontage of the lot, or five (5) feet, whichever is the greater. No detached garages or other outbuildings shall be allowed in the Addition except boathouses unless approved in writing by the Committee hereinafter provided for, and in no case shall any outbuilding other than a boathouse be located on any lot so that the main structure is closer to any side property line than ten percent of the frontage lot or five (5) feet, whichever is the greater. No building, except a boathouse (SEVENTH AMENDMENT – April 20, 2008): or other permitted structure (i.e., fish cleaning stands, boatlifts) shall be located nearer than ten (10) feet to any bulkhead line. A bulkhead line shall be understood to mean the outer edge of the bulkhead next to the water, but not including boat slips. Nothing herein contained shall be construed to prevent the use as a building site of two or more lots, or portions thereof, provided that not more than one single family residence shall be built on any one lot designated as such on the above described map and plat.
III.
(SEVENTH AMENDMENT – April 20, 2008): All principal residential dwellings shall be constructed on all lots so that the ground level or soil foundation pad shall not exceed 4 feet from the planned building foundation and additionally, the soil pad must be approved by a professional engineer as to having adequate drainage to prevent flooding / excessive drainage into adjacent lots. (THIRD AMENDMENT – January 14, 2003 – deleted with 7th amendment).
IV.
Sewage disposal shall comply with recommendations made by the Texas State Department of Health, and there shall be no outside toilets or privies. (SEVENTH AMENDMENT – April 20, 2008): Septic tanks must be approved by the Aransas County Environmental Health Dept. and have no direct discharge into any channel, waterway or road ditches.
V.
No noxious or offensive trade or activity, including the keeping or treating for profit of persons afflicted with tuberculosis or any other infectious disease, 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. (FIFTH AMENDMENT – September 13, 2004): All residences are single family homes. Residences can only be rented on a long term, 6 months or more, lease basis to another single family. Daily, weekly, monthly, weekends, etc. terms of rent are not allowed. Room or apartment rentals are not allowed. Rentals to businesses or multiple persons are not allowed. Use as a “party home” for clients or business associates is not allowed. Active business cannot be conducted from your residence.
VI.
(TWELFTH AMENDMENT - September 26, 2019): No trailer (mobile home, RV), tent, garage, or other outbuilding shall at any time be used on any part of a member's lot as a residence, either temporarily or permanently. In the case of a special circumstance of fire or natural disaster, such as a hurricane, flood, or tornado, which renders the home unlivable, members must seek approval from the Board to place one trailer on their lot(s), for member's and member's immediate family's personal living use only during the reconstruction process, for a period not to exceed eighteen (18) months from the date of the special circumstance. Nor shall any residence of a temporary character be erected or permitted on any part of the tract. Members in violation of this restriction will be fined $100 per day for each day the violation occurs. (SEVENTH AMENDMENT – April 20, 2008 deleted with TWELFTH AMENDMENT)
VII.
No fence or garden wall, over 18 inches in height, shall be erected between the front property line and the front building set back line. No fence or wall shall be constructed anywhere in the Addition which shall exceed six (6) feet in height. (SEVENTH AMENDMENT – April 20, 2008): No fence shall be installed nearer than six (6) feet distance parallel to the bulkhead line. In addition, any side property fence extending to the bulkhead line must have a readily operable hinged section (gate), a minimum of one and one half (1.5) feet in length, nearest the water for emergency egress. Prior to the commencement of construction of any fence in the Addition, sufficient information must be submitted to the Architectural Oversight Committee to enable it to determine if the construction of such fence or wall will adversely affect the other properties in the Addition.
VIII.
No fence, wall, hedge, or shrub planting which obstructs sight lines at elevation between two and six feet above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 20 feet from the intersection of the street property lines extended. No trees shall be permitted to remain within such distance of such intersection unless the foliage lines are maintained a sufficient height to prevent obstructions of such sight lines.
IX.
No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposes.
X.
Construction of new buildings only shall be permitted, it being the intent of this Restriction to prohibit the moving of any existing building on to a lot and remodeling or converting same into a dwelling unit in this Addition.(SEVENTH AMENDMENT – April 20,
2008): No premanufactured homes shall be allowed.
XI.
No bulkhead may be cut for any purpose without written permission of the Architectural Oversight Committee.
XII.
No boat or vessel shall exceed a speed of five (5) miles per hour when using any channel.
XIII.
(Thirteenth Amendment – October 1, 2022: deleted prior section in its entirety and replaced). No boat dock or other obstructions shall be placed or constructed in “Main Channel,” and no boats or other vessels shall be moored, anchored, or docked in “Main Channel” with the only exception being that boats or vessels parked in an individual owner’s boat “stall” or “slip” constructed off the “Main” channel, may protrude or extend into the “Main Channel” a distance not in excess of five (5) feet. No boat dock shall be placed or constructed in either the “First” or “Second” Cross Channels so that the dock extends into either of said channels in excess of three (3) feet. The fixed arms of the boat lift or elevator can extend beyond the three (3) foot and five (5) foot requirements.
Boat lifts and elevators may have “fixed arms” and must be raised out of the water if no boat is docked at the time. The horizontal “fixed arms” of any boat lift or elevator must be affixed with reflectors, reflective tape or a similar reflective device so that the “arms” are visible to boat traffic in both directions of the canal. For any lot abutting the First or Second Cross Canals, no boat, boat lift, or elevator can extend beyond fifteen (15) feet from the bulkhead line of the lot being secured by the boat lift or elevator.
All boats or vessels shall be docked or moored in the “Cross Channels” in such manner that the vessel or boat shall remain within fifteen (15) feet of the channel bulkhead. It is the intent of the above restrictions to insure the free and uninterrupted movement of boat traffic within all of the “Main” Channel and within the twenty (20) foot center of each of the “First” and “Second” Cross Channels.
Any portion of any lot on which a channel is located as shown on the above mentioned map or plat of Neptune Harbor Addition is hereby restricted solely for the construction, repairing and maintenance of a channel and boat docks as herein provided, for the benefit of all owners of lots in said Addition, and said channels as shown on said plat shall never be filled in any way whatsoever except as provided specifically on said above mentioned map and plat.
XIV.
No roofs, protrusions or other overhead structures shall be so constructed so as to extend over any part of “Main” or “Cross” Channels. Nothing herein contained shall prevent the building or extending of structures over individual owner’s boat “stalls” or “slips”.
XV.
The “Main” and “Cross” channels shall at all times hereafter be maintained and kept open as boat channels serving the property situated in Neptune Harbor to be used and enjoyed by property owners in Neptune Harbor, providing, however, that land abutting or into which said channels extend shall have a like right of use.
All channels and waterways shall at all times be kept free of debris, trash, rubbish, garbage or other unsightly or unsanitary articles or hazards to navigation. None of the foregoing or any other foreign matter shall be at any time deposited, dumped or left in any such channel or waterway, nor shall any hazard to navigation or boats, hulks, derelicts, or
other floating objects other than properly tended or moored boats be at any time permitted in any such channel or waterway. The owner of each lot shall be responsible for the maintenance of the portion of the channel located on his lot provided; however, the NEPTUNE HARBOR CANAL OWNERS ASSOCIATION, a non-profit corporation, has been granted an easement in, over and on that portion of all lots in the Addition, said easement being over that part of each lot marked “channel” or “waterway” on the plat filed herewith, and said Association shall have the privilege of curing any default of the owner of such property in connection with the foregoing at any time, and any reasonable expense incurred in so doing shall be paid by the owner of such property on which the default exists.
XVI.
That portion of the Channel bulkhead located on each lot shall be maintained for the benefit of all property owners in the subdivision, by the owner of the lot on which the bulkhead is located.
XVII.
(FIRST AMENDMENT – July 1, 1989): No structure of any kind shall be built of “sheet metal”, in whole or in part, unless the exterior surfaces of same shall be covered with stucco, weatherboard, brick, stone or other veneer materials. (NINTH AMENDMENT – December 1, 2008): Non-reflective Standing Seam and Tile Metal roofs will be permitted after review and approval by the Architectural Oversight Committee.
XVIII.
All public or private transmission and service wiring for electrical, communication and community television systems, services, and service lines must be installed and buried under ground and in accordance with the National Electric Safety Code. Each lot owner will furnish, install, own, and maintain his own underground electric service cable from his meter to the appropriate service pedestal.
The meter loops on the building shall conform to the standard Central Power and Light Company meter standards. Electric service from house to power pedestal shall be buried underground with a minimum cover of 24”. Only single-phase underground electric wires will be permitted or installed in the Addition unless and until the Power Company wishes to change same.
XIX.
No lot shall be used or maintained as a dumping ground for rubbish, trash, storage of materials, or other debris. All fronts, sides, or rear of any lot, structure or building shall be kept clean and free of any boxes, rubbish, garbage, trash or other debris. ALL garbage and food waste must be kept and contained in sanitary containers of sufficient number or size to contain same until collection or disposition thereof.
XX.
A clothesline shall not be placed upon any lot which shall be visible from a street or waterway.
XXI.
No sign shall be permitted on any lot larger than six (6) square feet in area. After construction of the principal residential dwelling no sign shall be permitted on a lot in excess of two (2) square feet in area unless the premises are for sale.
XXII.
(SIXTH AMENDMENT – April 9, 2007): No drilling, mining, quarrying, exploration or operation in any way connected therewith for oil or minerals on or below the surface of the earth shall be permitted or conducted within the boundaries of Neptune Harbor Addition. Planned water wells in compliance with State and County rules governing water wells, and location approved by the Architectural Oversight Committee will be approved for construction by a majority vote of the NHCOA board of Directors. No bulk storage above or below ground of bottle gas and petroleum products shall be permitted.
XXIII.
Grass, shrubbery and vegetation shall be regularly mowed and trimmed on all lots, and owners of each lot shall not permit any easement to be obstructed by fences, trees, shrubs or otherwise.
XXIV.
No improvements of any character and no building shall be erected, placed, or altered on any building site, lot or tract governed by this declaration unless and until the construction plans and specifications, and the plot plan showing the location of existing, if any, and planned additional buildings and improvements on the building site, together with the topography, shall have been submitted to the Architectural Oversight Committee in duplicate and approved by said Committee, in writing. The Construction plans and specifications and plot plan above required shall be considered as submitted when delivered, in duplicate, to the office of the Architectural Oversight Committee. If approved, the construction may then proceed strictly in accord with such plans and specifications; if DISAPPROVED, they shall be returned showing the corrections necessary for approval and resubmitted for approval, as in the first instance. If approval is granted on any plans and specifications so submitted, construction shall be commenced within eight (8) months thereafter, and if such construction is not commenced within that period, such approval shall be null and void and of no further force and effect. In extenuating circumstances and upon written request in advance, extensions of said eight (8) month period may, at the option of the Committee, be granted to the applicant.
The Architectural Oversight Committee, in considering the construction plans and specifications and the plot plan required to be submitted hereby, shall determine if same meet the requirements of the restrictions, and shall determine if the appearance of the structure or structures, and the quality of the workmanship and materials and external design are all in harmony with other structures in the immediate vicinity of the location of the proposed
structure, and elsewhere in the Addition to which these restrictions apply, and in harmony with such proposed scheme or plan of development as said Committee shall establish.
A majority of said Committee may designate a representative to act for it. In the event of death or resignation of any member of said Committee, the remaining members shall have full power and authority to act and to approve and disapprove any submitted plans and specifications. They shall also have the power and authority to designate a successor, with like authority, to serve upon the Committee and said remaining members shall, within six (6) months after death or resignation of a member, designate a successor.
If, after having submitted satisfactory plans and specifications to the Committee, approval or disapproval is not furnished to the applicant within thirty (30) days of such submission, or, in any event, if no suit to enjoin the erection of such buildings or alterations has been commenced prior to the completion thereof, such plans and specifications and plot plan shall be considered as having been approved, and this covenant will be deemed to have been fully complied with.
In the event any lot owner is dissatisfied with and objects to a ruling of the Committee provided herein, any action of the Committee may be reviewed, modified, changed or amended provided the following procedure is followed:
- Any owner of property in the Addition may, within fifteen (15) days of the Committee’s report either approving, amending, or denying the application for plans and specifications, request in writing a review thereof.
- Within ten (10) days thereafter, the lot owner, the architect or a representative of the lot owner and the Committee or its representative shall meet for the purpose of attempting to satisfy any misunderstanding.
- In the event the architect of the lot owner and the Committee fail to satisfy said lot owner, then and in that event the lot owner may request the appointment of an arbitration board consisting of one architect selected by the owner, one architect selected by the Committee, and a third architect selected by the two architects so selected to consider the differences between the parties involved, and a majority of opinion of said arbitration board shall be final and binding upon all parties concerned.
- That in the event the arbitration board shall determine that the Committee was in error in refusing to accept the plans and specifications, then the cost of said arbitration board shall be borne by the Committee; however, in the event the arbitration board determines that the Committee was proper in its actions, then the cost for said arbitration board shall be borne by the owner.
Neither the members of the Committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
At any time, the then record owners of a three-fourths (3/4) majority of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers and duties.
XXV.
The property covered hereby shall be subject to the easements, rights of way and other provisions and dedications which appear on the map or plat of the Addition called NEPTUNE HARBOR, and shall be subject to the provisions and all other instruments filed for record and relating to the land covered hereby.
XXVI.
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless (SECOND AMENDMENT – August 11, 2001): an instrument signed and duly recorded by a majority of the Board of Directors of the NHCOA certifying that vote and/or proxy ballots affirmatively changing the restrictions, as herein after set forth, were received from the owners of the lots within Neptune Harbor. For purpose herein any change of these restrictions may be made upon receipt of at least fifty (50) percent of the votes and/or proxy ballots from owners of lots in which any proposed change is affirmatively agreed to by a majority of the ballots.
XXVII.
(EIGHTH AMENDMENT – March 12, 2008)- Addition/Extension of Neptune Harbor Addition Two to Restrictions:
Whereas, Mark W. Jones and Suzanne M. Jones, the owner's of Lamar Outlot 44, plat of said Annex, on file in the office of the County Clerk of Aransas County, Texas, in Plat Records Volume 2, page 36, hereby with these restrictive covenants recorded in Vol. Z-4, pgs. 123 - 133, do restrict the said property and these said restrictions shall be binding upon all of the owners or purchasers of these lots, their respective heirs, executors, administrators or assigns.
Mark W, Jones and Suzanne M. Jones, the owner's of Lamar Outlot 44 do further restrict said property to a maximum future development of three (3) single family homes, on said property for homes as defined in these covenants. By adopting these restrictive covenants and limited future development, Neptune Harbor Canal Owners' Association does grant written permission for a Second Cross Channel extension to a maximum of 145 feet long X 50 feet wide into said property and does adopt Outlot 44 into Neptune Harbor Addition as Neptune Harbor Addition Two as per the recorded plat, as dues paying and full voting rights members of the Association.
From this point forth, Outlot 44 is Neptune Harbor Addition Two. This lot and any and all subsequently subdivided lots are read as inclusive to Neptune Harbor Addition for all articles and amendments of these Restrictive covenants, recorded in Vol. Z-4, pgs. 123 - 133, on file in the office of the County Clerk of Aransas County, Texas."
Invalidation of any one of these covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect.
EXECUTED at Dallas, Texas, this 3rd day of August, 1964.
AMERICAN HOME REALTY COMPANY
By / s / Burwell J. Thompson, President
Attest:
/ s / Richard S. Woods, Ass’t. Secretary THE STATE OF TEXAS }
COUNTY OF DALLAS }
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, upon this day personally appeared BURWELL J. THOMPSON, President of AMERICAN HOME REALTY COMPANY, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said AMERICAN HOME REALTY COMPANY, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 3rd day of August, A. D.
1964.
/ s / Shirley Carney
Notary Public in and for Dallas County, Texas
THE STATE OF TEXAS } AGREEMENT COVERING LAND IN} NEPTUNE HARBOR ADDITION
COUNTY OF ARANSAS } ARANSAS COUNTY, TEXAS
WHEREAS, AMERICAN HOME REALTY COMPANY, a Texas corporation with its principal office in Dallas, Texas, is the present owner and developer of the surface estate to the land covered by a plat designated “Neptune Harbor Addition”, dated August 3rd, 1964, and signed by Burwell J. Thompson, President of American Home Realty Company, and acknowledged by Shirley Carney, Notary Public, Dallas County, Texas, on August 3rd, 1964, said plat being filed in the Map and Plat Records of the County Clerk of Aransas County, Texas; and,
WHEREAS, in order that all canals and waterways, excluding the bulkheading thereof, designated on said plat shall be properly maintained for the benefit of all owners of lots in said addition, a Texas non-profit corporation known as NEPTUNE HARBOR CANAL OWNERS ASSOCIATION has been formed for the purpose of maintaining said areas; and,
WHEREAS, it is necessary for the proper maintenance of said canals and waterways for the owners of lots in Neptune Harbor Addition to assume certain responsibilities toward said maintenance;
NOW, THEREFORE, WITNESSETH:
The following covenants are hereby made covenants running with the land, and shall be binding on the present and future owners of lots in the above mentioned Neptune Harbor Addition, which covenants are hereby made a part of the general plan or scheme for the systematic development and maintenance of the canals and waterways and/or the said addition:
- The NEPTUNE HARBOR CANAL OWNERS ASSOCIATION and each owner of a lot in said addition shall:
- Maintain all canals and waterways, excluding the concrete bulkheading thereof, designated on said plat in good, sanitary and navigable condition.
- Keep all such canals and waterways dredged to a depth of not less than five (5) feet below the mean tide level in the center thereof and not less than two (2) feet below the mean tide level adjacent to the waterway bulkhead and canal bulkheads on either side of the canal area designated on the aforesaid plat.
- A canal is defined as all areas between the concrete bulkheads within said addition designated as a canal on the aforesaid plat. A waterway is defined as the south area of and adjacent to said addition and designated as a waterway on the aforesaid plat.
- Comply with all obligations of membership in the NEPTUNE HARBOR CANAL OWNERS ASSOCIATION and maintain his membership in said Association in good standing.
- All the above covenants shall constitute covenants running with the land and binding on all parties owning any interest in the property hereinabove described, their heirs, executors, administrators, successors, assigns and grantees, and each purchaser of property, and property owner, hereinafter acquiring any interest in the land in said addition, shall purchase said interest subject to these provisions, and they shall thereafter be fully bound thereby. These provisions shall be deemed a part of each contract of sale, contract for deed, deed or other conveyance, whether actually set forth therein or not.
- If any covenant, agreement or other provision contained herein should be void, voidable or unenforceable, the same shall not affect the validity nor enforceability of the remainder of the provisions hereof. If any covenant contained herein should fail (notwithstanding the intent to the contrary) to run with the land, the same shall not affect the validity nor enforceability of the other covenants and the provisions hereof. Failure of any property owner or other party to comply with his obligations under this agreement in any way shall not relieve any other party of his duty to perform his obligation under this agreement in any way.
- The NEPTUNE HARBOR CANAL OWNERS ASSOCIATION, which is a non- profit corporation, is the owner of an easement appurtenant covering the land on which are located said canals and it has as its purpose the maintenance of the canals, and waterways, excluding the bulkheads thereof in this addition. It is responsible for the maintenance of said canals and waterways as long as ninety per cent (90%) of the property owners continue to pay their assessments on time, and are in good standing. Each purchaser of such lots and each such property owners, shall, upon entering into a contract to purchase any tract or parcel of land in said addition also immediately become a member of said Association and shall, at the time of the down payment on the purchase of the land, pay the initial membership fee of (ELEVENTH AMENDMENT - September 15, 2016) One hundred Dollars ($100.00), which is not refundable, in said Association, and thereafter shall maintain his membership in said Association and pay such assessments as the Association may from time to time assess (which said annual dues assessment is at present one hundred dollars ($100.00) per annum, payable July 1 of each year) so long as he continues to own any interest in such tract or parcel of land, and shall be bound by all of the by-laws, resolutions and other actions of the Association, whether presently effective, or as amended from time to time. So long as the Association is in existence and the owners of ninety per cent (90%) of the lots in said addition are paid up members of such Association in good standing, the said property owners shall not be obligated under provisions (1) and (2) of paragraph (a) above, but should for any reason more than ten per cent (10%) of the said property owners fail to keep their assessments paid up when
shall become obligated under the provisions of (1) and
09/27/19
(2) of paragraph (a) above, insofar as such provisions apply to that portion of the canal or waterway on or adjacent to his lot.
- There is hereby granted to the Association an express lien against each lot in said addition as shown by said plat thereof, to secure all obligations of each owner of said lots to said Association, as well as all obligations at any time imposed on the owner or owners of said lots to said Association, by virtue of their membership in said Association. Said liens may be foreclosed in the same manner as a vendor’s lien, without prejudice, however, to any 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 provided for in subparagraph (d) (1) above shall be second and subordinate, however, to any liens, deeds of trust and encumbrances, whatsoever, given to secure the purchase price of the above described property or any part thereof, or given, in the future, to any person, firm or corporation to secure the payment of money loaned for the purpose of the purchase of any of the above described property or any part thereof or construction of a residential dwelling or any other improvement permitted under these restrictions and conditions on such property. If any such lender 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 loan or indebtedness, such lender or party acquiring such indebtedness may rely conclusively on the written statement of the Association with respect thereto. The Association shall have the authority to release or subordinate such lien and any and all other provisions of this agreement entirely or in part with respect to any lot or lots in the Addition should it be deemed advisable for any reason whatsoever, without affecting said lien insofar as it applies to any other lot or lots in said addition.
- (ELEVENTH AMENDMENT- September 15, 2016: Such lien shall secure and be applicable to the payment of all sums actually owed by an owner to the Association including, but not limited to filing fees, interest, court and collection costs, and attorney’s fees lawfully then or thereafter due in connection with such obligation to the Association. The foregoing limitations may at any time be increased by the written consent of the owners of not less than two-thirds (2/3) of the lots in said addition, and when so increased, all property owners, whether giving their written consent or not, shall be bound thereby.
In the event any provision hereof shall be for any reason unenforceable, the remaining provisions hereof shall continue to be fully enforceable in accordance with their terms and provisions.
EXECUTED this 3rd day of August, 1964.
AMERICAN HOME REALTY COMPANY
By / s / Burwell J. Thompson, President
Attest: / s / Richard S. Woods, Ass’t. Secretary
NEPTUNE HARBOR CANAL OWNERS ASSOCIATION
By / s / T. L. Wynne, Jr., President
Attest: / s / John A. Henry, III, Secretary
THE STATE OF TEXAS } COUNTY OF DALLAS }
BEFORE ME, the undersigned authority, on this day personally appeared BURWELL J. THOMPSON, President of AMERICAN HOME REALTY COMPANY, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said AMERICAN HOME REALTY COMPANY, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 3rd day of August, 1964.
Bettie H. Quiram
Notary Public in and for Dallas County, Texas
THE STATE OF TEXAS } COUNTY OF DALLAS }
BEFORE ME, the undersigned authority, on this day personally appeared T. L. WYNNE, JR., President of NEPTUNE HARBOR CANAL OWNERS ASSOCIATION, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said NEPTUNE HARBOR CANAL OWNERS ASSOCIATION, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 3rd day of August, 1964
Bettie H. Quiram
Notary Public in and for the County of Dallas