r *-

ARTICLES OF INCORPORATION OF

SEAWAY BOAT CLUB, INC.-

We, J. Slgmund Forman, Sol Forman and David R. Feinman,

all resident citizens of Qalveston County, Texas, under and by

virtue of the laws of the State of Texas, do hereby voluntarily

associate ourselves together for the purpose of forming a private

corporation under the terms and conditions hereinafter set out as

follows:

I.

The name of this corporation is: SEAWAY BOAT CLUB, INC.

II.

The purpose for which this corporation is formed 1b: To

establish, own, operate and support a boating, hunting and fishing

club for the social and civic benefit of members who own, rent or

lease property in designated areas or neighborhoods, exclusively

for their pleasure, recreation and enjoyment.

III.

The place where the business of the corporation is to be

transacted is 316 Stewart Building, Qalveston, Texas, and is also

to be its registered office, and is the address of J. Slgmund

Forman, its registered agent.

IV.

The term for which such corporation is to exist is

fifty years.

V.

The number of directors and their term of office shall

be provided by the By-laws of this corporation, but shall not be

more nor less than is provided by law. The names and residences

of those who are to act as directors for the first year are as

follows:

J. Sigmund Forman, 316 Stewart Building, Qalveston, Texas,

Sol Forman, 2212 Avenue L, Qalveston, Texas,

David R. Feinman, 2515 P-l/2, Galveston, Texas.

VI.

This corporation shall have no capital Btock and is

and shall be a non-profit sharing corporation, no part of the

net earnings of which shall inure to the benefit of any private

shareholder.

in TESTIMONY WHEREOF, we hereunto sign our names this,

the 1764. day of July, A. D., 1959.

THE STATE OF TEXAS

COUNTY OF QALvESTON

Before me, the undersigned authority, a Notary Public

in and for Galveston County, Texas, on this day personally

appeared J. Slgmund Forman, Sol Forman and David R. Feinraan,

known to me to be the persons whose names are subscribed to the

foregoing Instrument and acknowledged to me that they each

executed the same for the purposes and consideration therein

expressed.

Given under my hand and seal of office this, the

day of jfadf- t 1959.

Lc in ttnd for

Galveston County, Texas.

^"^ ARTICLBS OF AMENDMENT NQV 1&1973

ARTICLES OF INCORPORATION OF B^Ww

SEAWAY BOAT CLUB, IMC.

Pursuant to the provisions of Article 4.03 of the Texas

Non-Profit Corporation Act, the undersigned corporation adopts

the following ARTICLES OF AMENDMENT to its ARTICLES OF

INCORPORATION which amend its purposes:

I.

Tho name of the corporation is SEAWAY BOAT CLUB, INC.

II.

The following amendnent to the ARTICLES OF INCORPORATION

was adopted by the corporation on the Hh day of November ,

1973. Article II. of the ARTICLES OF INCORPORATION is hereby

amended so as to read as follows:

I ■ The purpose for which this corporation is formed is to

exercise, promote and protect the privileges and interests of

members who own property in the Sea Isle Subdivisions, located

on Galvoston Island, Galvosion County, Texas; to administer

and enforce covenants for preserving the architecture and

appearance of the subdivision; to own and/or maintain common

green areas, streets, canals, boat ramps, waterways, beaches,

piers, navigational aids and recreational areas; to protect the

members' property against theft and vandalism; to arrange for

the collection and dispostion of garbage within such subdivi

sions ; and in general to maintain the subdivisions and to

provide for the safety of the members and their property;

subject, howovor, to the provisions of Part 4 of the Texas

Miscellaneous Corporation Laws Act.

III.

The amendment was adopted in the following manner: the

amendment was adopted at a meeting of the members held on the

day of , 1973, at which a quorum was

present, and the amendment received at least two-thirds (2/3)

of the votes which members present or represented by proxy at

such raeeting were entitled to cast.

DATED the Ath day of November , 1973.

SEAWAY BOAT CLUB. INC.

Secretary

STATE OF TEXAS

COUNTY OP GALVESTON

I, . a Notary Public, do

day of _ y&y&x.JctJ , 1973,hereby certify that on this

personally appeared before me C. X. ZINNECKER, who being duly

sworn, declared that he is President of the corporation executing

the forogoing document, that he signed the foregoing document in

the capacity therein set forth, and that the statements therein

contained are true.

IN WITNESS WHEREOF I have hereunto set my hand and seal

the day and year before written.

tn and for

Galvestoa County, Texas

My Conmission expires: June 1, 1975

-2-

. • . ■ PILED

In lbs Oflco of ihiSecretary of State of Tcia-

ARTICLES OF AMENDMENT SEP 1 9 1977

TO THE ARTICLES OF INCORPORATION

OF SEAWAY BOAT CLUB, INC. "w^m

Pursuant to the provisions of Article 4.03 of the Texas

Non-Profit Corporation Act, the undersigned corporation

adopts the following Articles of Amendment to its Articles

of Incorporation which amend its name:

1. The name of the corporation is SEAWAY BOAT CLUB,

INC.

2. The following amendment to the Articles of Incorporation

was adopted by the corporation on the 16th day of July ,

1977. Article 1 of the Articles of Incorporation is hereby

amended so as to read as follows;

"The name of this corporation is SEA ISLE PROPERTY

OWNERS, INC."

3. The amendment was adopted in the following manner:

The amendment was adopted at a meeting of the members

i i held on the 16th day of Joly , 1977, at which a

quorum was present, and the amendment received at least two-

thirds of the votes which members present or represented by

proxy at such meeting were entitled to cast.

DATED the 16th day of July , 1977.

Secretary

THE STATE OP TEXAS ()

0COUNTY OP GALVESTON ()

I, the undersigned notary public, do hereby certify

that on this p. / day of Agft^y , 1977, personally

•appeared before me ED YOUNG, who being duly sworn, declared

that he is President of the corporation executing the

foregoing document, that he signed the foregoing document in

the capacity therein stated, and that the statements therein

contained are true.

IN WITNESS WHEREOF, I have hereunto set my hand and

seal on the day and year before written.

Rotary Ptlblic in and for

Galveston County, Texas

( My Commission expires:

BYLAl j FOR SEA ISLE PROPERTY 0WNE1 INC.

ARTICLE ONE

The purpose for which this corporation is formed is set forth in its charter.

ARTICLE TWO

This corporation shall have a Board of Directors consisting of eight persons.

ARTICLE THREE

The management and control of this corporation shall be vested in its Board of Directors.

ARTICLE FOUR

The members of this corporation shall be persons who have purchased, and have a deed, or acontract of sale in good standing, of a lot or lots in any of the Sea Isle subdivisions on Galveston

Island in Galveston County, Texas, and have paid the annual assessment due and payable asprovided in such deed or contract of sale, or applicable restrictions, on or before the 1st day of Januaryof each calendar year, and have paid such other charges as may be imposed by vote of the members

at a membership meeting.

ARTICLE FIVE

QUALIFICATIONS, DUTIES AND OBLIGATIONS OF BOARD OF DIRECTORS:

The Board of Directors shall consist of eight persons who shall be elected by vote of themembership at the annual membership meeting and who shall serve for a period of two yearsprovided that at the first election after adoption of these By Laws, two directors shall be elected for aone year term, three shall be elected for a two year term, and three shall be elected for a three year

term. Thereafter all directors shall be elected for two terms.

(a) Members of the Board of Sea Isle Property Owners, Inc. shall serve without specialprivilege or salary. Nothing herein shall prevent Sea Isle Property Owners, Inc. from payingany of its member's reasonable compensation for services rendered to said corporation in

any other capacity, such as full time secretary and or treasurer.

(b) Vacancies on the Board of Directors of the Sea Isle Property Owners, Inc. shall be filled by

the affirmative vote of a majority of the remaining members of the Board of Directors.

(c) At the first meeting of the Board of Directors, they shall elect a President, Vice President,Secretary and Treasurer. Such officers shall serve for a period of one year. Such officersmay be re-elected for no more than one consecutive one-year term. Terms of the Board of

Directors shall be for two years, with each term beginning on the first day of August

following the date of the election of the director.

(d) Members composing the Board of Directors of Sea Isle Property Owners, Inc. shall be thegoverning body of this corporation and shall have full voting rights. However, a Boardmember who may reasonably or does in fact submit a bid for any project proposed by the

board, will not be entitled to vote on the approval of such project or the awarding of such

bids; any votes cast in violation of this by-law shall be null and void.

ARTICLE FIVE CONT. < '

(e) The Board of Directors shall cause to be kept a full, adequate and complete set of books, tobe audited annually by a certified public accountant, who shall be chosen by the Board of

Directors.

(f) The said Board shall prepare and have available annually an accounting of all fundsreceived and expended during the past year and showing the number of members in good

standing and the number in default.

(g) The Board shall enter into any and all contracts necessary for the development and

operation of said corporation.

(h) The Board may borrow money for the purpose of development and improvement of facilitiesfor the use and enjoyment of the members of said Sea Isle Property Owners, Inc., andpledge its assets for the payment thereof.

(i) At no time shall the Board of Directors pledge the assets of this corporation in an amount inexcess of twice the amount of the annual billable maintenance charges without priorapproval of a majority of the members of Sea Isle Property Owners, Inc.

G) The Board of Directors shall plan, contract for, build improve and maintain such recreationalfacilities as are deemed to be for the best interest and enjoyment of the owners in Sea Isle

Subdivision.

(k) The Board shall be empowered to establish and to manage adequate recreational facilitiesin the Sea isle Subdivisions. They may employ personnel necessary to reasonably protectboth the facilities and members using them.

ARTICLE SIX

Members in good standing, together with their families and guests, shall have the right touse and enjoy the recreational facilities built and maintained by Sea Isle Property Owners, Inc.Members not in good standing shall be denied the right to use such facilities. The assessmentprovided in the deed, contract of sale or applicable restrictions shall be due and payablewhether such facilities are used or not.

(a) An annual meeting of the members shall be called by the directors of the Sea Isle PropertyOwners, Inc. to elect directors for the terms which are expiring; to review theaccomplishments of the preceding year; to organize committees for the coming yean and toconsider and discuss such matters as are brought before the meeting by the Board ormembers. Special meetings may be called by the President, the Board of Directors, or bymembers who have obtained in writing the consent of members having not less than one-

tenth of the votes entitled to be cast at such meeting.

(b) Under the direction of the President, the Secretary or the person calling the meeting, writtennotice of the time and place of such meeting shall be mailed to all members in goodstanding at their last know address according to the records of the corporation, not lessthan ten nor more than fifty days before such meeting date. Meetings shall be held at suchplace in Galveston County, Texas, as may be determined by the Board of Directors.

ARTICLE SIX CONT. ( '■

(c) At any membership meeting, each member shall have one vote, regardless of the numberof lots owned by him, but ownership of less than the equivalent of a full lot shall not entitle

^J the owner to a vote; provided that owners of part interests in a lot, none of whom isotherwise entitled to any vote, shall be entitled to one vote between them.

(d) Twenty members shall constitute a quorum at a membership meeting.

ARTICLE SEVEN

MEETINGS OF THE BOARD OF DIRECTORS:

(a) The Board of Directors shall hold meetings as often as necessary.

(b) Notice of such meetings must be given to all Board members by mail, by telephone, or inperson, not less than three days prior to said meeting. Notice shall be deemed to be givenby mail when such notice has been placed postage prepaid in a proper depository of theUnited States Postal Service.

(c) Special meetings shall be called impromptu by any officer of this corporation, providednotice is given to all Board members as stated above.

ARTICLE EIGHT

DUTIES OF OFFICERS:

It shall be the duty of the President of Sea Isle Property Owners, Inc. to preside at allmeetings of the Board of Directors.

PRESIDENT:

To call and to preside over the meetings of the members.

To do and perform all administration and executive functions commonly performed by acorporation president as provided by the laws of the State of Texas.

VICE PRESIDENT:

The vice president shall do and perform all duties of the President of this corporation inthe absence of the President.

SECRETARY:

It shall be the duty of the secretary to keep the minutes of the meetings of this corporationand to do and perform all duties necessary to give notice of the dates of meetings.

MEMBERS AT LARGE:

The members at large shall perform duties as assigned by the President.

TREASURER:

It shall be the duty of the treasurer to collect the assessment assigned, and to beassigned to Sea Isle Property Owners Inc., under authority of the restrictions, contracts osale and deeds to lots sold in Sea Isle Subdivisions and to keep, or cause to be kept thebooks and records pertaining to the funds belonging to Sea Isle Property Owners, Inc.

ARTICLE NINE

COMMITTEES:

At the time of the annual meeting of such members, committees to study the facilities available andmat may be made available for the use and enjoyment of the members shall be established byvolunteers from such membership in accordance with the interests of such members, to-wit:

BOATING:

A committee may be formed of volunteer members to advise and counsel with the Boardof Directors as to rules and regulations regarding use of boats in the slips and channels andas to the operation of marinas, launching ramps, boathouses, and to plan and superviseorganized activities for members and guests.

FISHING:

A committee may be formed to advise and counsel with Board of Directors as to theestablishment and operation of fishing facilities for members, and to plan and supervisefishing contests and other activities for the enjoyment of members.

SWIMMING:

A committee may be formed to advise and counsel with the Board of Directors as to therules and regulations regarding swimming and swimming facilities, particularly with referenceto safety measures, and to plan and sponsor swimming activities for members.

SPECIAL ACTIVITIES:

A committee may be formed to advise and counsel with the Board of directors as tohv n^iT! an-H °Perationuof anV and a" other corporate functions not specifically handledby other committees, such as road maintenance, garbage disposal and playground

^ coS^nd JhlSthComm**? sha» aIso P'an a"d sponsor picnics,P barbecues.fish friescontests and any other activities calculated to be of pleasure and benefit to the members.

'Sle Property Owners- lnc- Mav be kePt ** theJ ^» nd 9UestS' members wi" furnish their 9ueste ■ writtenI %■ ^J1? acucomPany «»n ^ order that it can know to the personsacilities that such persons are invited guests an trespassers.

ARTICLE TEN

AMENDMENTS:

T ameundment by vote of a maJority of the members present at" "" Pr°d dt h i' Sam8ndmant h inC'Uded in the

ARTICLE ELEVEN

Article one of the Articles of Incorporation is hereby amended to read as follows-The name of this corporation is

SEA ISLE PROPERTY OWNERS, INC."

ARTICLE TWELVE

ihJSHJT"?^ °! Sea 'f'f Property Owners'lnc> is t0 be a "on-voting ex-officio member ofthe Board of Directors and is required to be at all Board meetings.

ARTICLE THIRTEEN

To amend the current by-laws of this corporation to provide for casting an absenteeballot or a vote by proxy in any official election of the corporation, or on any matterrequiring a vote, provided:

1. The person casting such ballot or vote is an eligible voter.

2. That such ballot or vote be cast in the manner as may be prescribed by the Boardof Directors of this Corporation.

FILED AND RECORDED

OFFICIAL PUBLIC RECORDS

November 20, 2088 10:53:47 AH

FEE: $64.00

liary Ann Daigle, County Clerk

Galveston County, TEXAS

AMENDMENT TO BY LAWS FOR SEA ISLE PROPERTY OWNERS, INC.

ITHE STATE OF TEXAS

' COUNTY OF OALVESTON !! KNOWN ALL MEN BYTHESE PRESENTS

WHEREAS, the original Articles of Incorporation for Seaway Boat Club, Inc having been filed Withthe Texas Secretary of State on July 24, 1959 under Document Number 3553908, and said entity havingfiled a name change effective February 26, 1973 with the Secretary of State did thereby lawfully assumethe name Sea Isle Property Owners, Inc , and

WHEREAS, the original By Laws for Sea Isle Property Owners, Inc vested with the Board ofDirectors the authority to impose an annual assessment fee constituting a restriction and reservation whichrun with and bind each respective lot in the subdivision for the establishment, operation, and maintenanceofcertain beach and recreational facilities and privileges, and

WHEREAS, the Board of Directors for the Sea Isle Property Owners, Inc. now recognizing thecritical need for an increase in annual assessment and maintenance fees, which have not been raised in 36years, to (I) promote the recreation, health, safety, and welfare of the residents, and (2) address cnticalbudget deficiencies, hereby wish to modify said By Laws by inserting the following paragraph

Notwithstanding anything to the contrary contained herein or within the Reservations andRestrictions ofSea Isle - Section 12, Section 15, Section 21, Section 22, and Section 23; BeginningJanuary 1,2004, each lot included in the subdivision shall be assessed a maximum annualmaintenance fee or one hundred dollars ($100.00). Beginning January 1,2005 each lot shall beassessed a maximum annual maintenance fee of one hundred twenty five dollars (S125.00).Beginning January 1,2006 each lot shall be assessed a maximum annual maintenance fee of onehundred fifty dollars (S150.00). It is thereafter expressly understood the Board of Directors may!not increase the annual maintenance fee more than five percent (5%) in any twelve (12) month |period. Each Owner ofany lot agrees to pay to the Sea ble Property Owners, Inc., or its nominee,the assessed annual maintenance fee for each lot annually on the first day of each year hereafter forbeach and recreational privileges, whether the same are exercised or not.

as the first paragraph under ARTICLE SIX which presently reads

ARTICLE SIX

Members in good standing, together with their families and guests, shall have the right lo use andenjoy the recreational facilities built and maintained by the Sea Isle Property Owners, Inc Members not

r

V "020-39-0521

in good standing shall be denied the right to use such facilities The assessment provided in the deed: contract of sale, or applicable restnctions shall be due and payable whether such facilities are used or not

(a) An annual meeting of the members shall be called by the directors of the Sea Isle PropertyOwners, Ine to elect directors for the terms which are expiring, to review the accomplishments of*the preceding year, to organize committees for the coming year, and to consider and discuss such'matters as are brought before the meeting by the Board or members Special meetings may be

called by the President of the Board, or by members who have obtained in writing the consent ofmembers having not less than one-tenth of the votes entitled to be cast at such meeting

(b) Under the direction of the President, the Secretary, or the person callmB the meeting, writtennotice of the time and place of such meeting shall be mailed to all members in good standing attheir last known address according to the records of the corporation, not less than ten nor morethan fifty days before such meeting date faceting shall be held at such place in GalvcstonCounty, Texas, as may be determined by the Board of Directors

(c) At any membership meeting, each member shall have one vote, regardless ofthe number of lotsthey own, but ownership of less than the equivalent ofa full lot shall not entitle the owner to avote, provided that owners of part interests in a lot, none of whom is otherwise entitled to any

, vote, shall be entitled to one vote between them

(d) Twenty members shall constitute a quorum at a membership meeting

NOW THEREFORE, the Board of Directors for the Sea Isle Property Owners, Inc request a voteby all eligible corporation members to ADOPT, RATIFY, and CONFIRM this modification to the SealIsle Property Owners, Inc 's By Laws pursuant to the procedures and requisite vote to modify required!

SEA ISLE PROPERTY OWNERS, INC

President

APPROVED THIS J_ DAY OF |fa<L»>4. 200X+

A CERTIFIED COPYAttest: DEC 2 2 2005 (

MARY ANN DAIGLE, County ClerkGalve/ton County, Texas

1

Waiter T. Andreason, Jr.

N

{N

/J'/NUMBER OF VOTES rN FAVOR

UMBER OFrMEMBERS IN ATONDANC.E

SECRETARY & U

THE STATE OF TEXAS )(

COUNTY OF OALVESTON ][

BEFORE ME, the undersigned authonty, on this day personally appcaitd^nHt-^'hl'iOA known to me to bethe President ofthe Sea Isle Property Owners, Inc and whose name is subscribed to the foregoing instrument, andacknowledged to roe that she executed the same for the purposes and consideration therein expressed, in the capacitytherein stated, and as the act and deed ofsaid corporation

GIVEN under my band and seal of office this \^_ day of fYYtrch 20W<f

i

DanielL Sanders rAttornevatLaw

Ml Snum; Suns 102HOUSTON, TtoCAS 77006

Notary Puolic in and

for the State ofTexas

febmOFFICIAL PUBLIC REC$DS OF REftL PROPERTY

2004

Mary fini

2004032471

ajgie .county clerki> TcXRo

uE1 County Clerkfy, Teias '■'■,

2 PCS

AMENDMENT TO BYLAWS FOR SEA ISLE PROPERTYOWNERS(Quorum Requirements) *«Wf

THE STATE OF TEXAS §

COUNTY OF GALVESTON § ^W^PERSONS BY THESE PRESENTS:

all Members; md

m

r

21, 2008 (the ■' iag") that was sent to

mg the Praident of the Associate,, doalK^apresent at the Annual Meeting voted to amendS.1^. .Section (d) oftb. Bylaws is ^JZSStZSSSZ

iT a maJori'5' of *• Members

EXECUTED this

quorum at a membership meeting.

day ofJuly.2008, to evidence the certification herein.

!ro!erty

'Steve Reddy, President

u58l4450wMKK 122443-11

THE STATE OF TEXAS

COUNTY OF GALVESTON

§§§

This instrument was acknowledged before me on the jc£ day of July, 2008, by Steve Reddy,the President ofSEA ISLE PROPERTY OWNERS, INC., a Texas non-profit corporation, on behalf of

said corporation.

GINGER ROBINSONNotaryPubifc. state of TexasMy Commission ExpiresSeptember 21,2011

oNotary Public - State ofTexas

AFTER RECORDING, RETURN TO:

MarkK.Knop

Hoover Slovacek LLP

5847 San Felipe, Suite 2200

Houston, Texas 77057

HS File No. 122443-11

FILED AND RECORDED

OFFICIAL PUBLIC RECORDS

July 23, 2008 09:09:05 All

FEE: $20.00

Mary Ann Daigle, County Clerk

Galveston County. TEXAS

3B144S0WMKK122443-11

\ \ f~^- Mr

■ . 'RESERVATIONS AND RESTRICTIONS

THE STATE OF TEXAS § " ,,.„„„• . . •. § , ' OvJtiOY

COUNTY OF GALVESTON §

''•" V ,■.■■.■.••'.' •'" ■ '■' '■' •'• ■ ■ .■■•■'■ .

;. N" \ WHEREAS,, JAMAICA RESORT CORPORATION (hereinafter

referred to as "Jamaica".),,a Texas corporation, is the-,

.owner; of all lotSj tracts or parcels of land described

. ■ ■• in Exhibit "A" attached hereto and hereby incorporated > '

by reference herein (and hereinafter referred to as

.•;• the "Sea Isle Lots"), same being out of Sea Isle, as

: extended, a Subdivision in the Hall and Jones Survey,

; .. ". Galveston Island, Gaiveston County, Texas, according to

■ . various.<maps or plats thereof• recorded in the appropriate \.

.',;•.. records;of the County.Clerk of balveston County, Texas, : ''^' • .-.■

.■•■' (Hereinafter referredi-to ao "Sea Isle"); and . '"' : ^.-.'^

<y .,I. WHEREAS, the previous owner of Sea Isle contracted ' ' ■>*

.to sell,•and did sell, lots therein according to speci- .

v,''• fled;.reservations and restrictions; and • '

•■;.;.• ' •; • WffiREAS, Jamaica!-desires to contract to sell, and to1 ■

..";■.:.'sell,. :the Sea-Isle'.Lots according to .the same, reseijvatione

-;,. and;-restrictions, and Farm &,Home Savings Association, a'•'.; •*■ .■',..,■•■; • * , i • <

.'•■■■ ■•■• Missouri .corporation,- as the only lienholder on the Sea ( / . •• : • ' .• • '., . . .' "Para and Hone Savingo" (k^ -,..

Isle Lots (hereinafter referred to a3 ^smESSXWGBSX.)I and

■ Gibraltar Savings: .-Association> a Texas sayings association

DEED Oi" TfU^T '

M&1S68 jw'835

..■'•.■••■•■ ■ >.

(hereinafter referred to as "Gibraltar") as purchaser

under that certain Note Purchase Agreement entered into

Farm and Hose Savings

■ , 1968 by and between KwnocxSwewgs and

Gibraltar wloh to evidence their assent thereto;^ . • rf_.

Farm and Homo Savings £u(To '- e»' NOW, THEREFORE, Jamaica, ltaawxSw*K55, and Gibraltar ' g £

% do execute this' instrument. £2 "

\ . ' 1- ft■ *v sr

Jamaica, for-itself, and for the existing and future Oft * .• . • CD ~~

/ property owners in Sea Isle, does hereby make, adopt and

establish the following reservations, restrictions and

other ■provisions set forth in Exhibit "B"' attached hereto .

and hereby incorporated by reference herein applicable to

the Sea Isle Lots, subject to the right of Jamaica, its. ,

successors or assigns, to waive any of same' for any unsold,

lot;or group of unsold lots only when, in the opinion of

. Jamaica, such waiver may be necessary or' appropriate in

\ t order to effectuate the best.development of the Sea Isle

\ ! Lots as a "resort development and the co-ordination of the •■ \ ..• . .■'■• '••■•■

\ Sea Isle Lots with the existing Sea Isle development..

\- ■ "• ■ ::- ' .. ;

■i_.:' . \^.; 1 • ■.; 2- .•...; .■■•.;-■■..;,! ' Unlesfe.expressly so recited in the instrument of ..

conveyance;, no conveyance by Jamaica of any interest In

any Sea Isle Lot or parcel thereof shall be construed as

a waiver of any of the matters set forth in Exhibit ."B",

. or to include any of the right3, tltles'.and easements .

therein reserved'; ■ or aj a conveyance of the title to any

water, gas, sanitary sewer, storm sewer, drainage or gas

pipes, mains, conductors, electric distribution, communi

cation or television lines, wires, cables, conduits,

■%.^'f:^ : of

poles or any othdr utility or appurtenance thereto,

constructed by Jamaica or its agents in Sea Isle. The

right to. sell and lease all such rights, titles", ease- "

raents, utilities and appurtenances is hereby expressly

rencrvod in Jamaica, ito oucce/JGoro and .asoigno; provided,

however, that the reservation of cuch righto and eaae-

raenta shall not obligate Jamaica to exercise any of same.

V ' '3. ' V'; ■The invalidity, abandonment or waiver of all dr any

part of any one or more of the provisions recited in

V ■■ ' • •.■'■■".Exhibit. "B". shall not affect any other provision or part

thereof'/*all of which shall remain in full force and effect,

i

1 j • The provisions set forth in Exhibit "b".may be incorpo

rated to jthe same extent as though recited in full in any

'subsequently executed contract for deed, deed, lease or

any other- Instrument in which any interest in any Sea Iale

' Lot is transferred merely by reference to this'instrument,

and, unless expressly so provided to the contrary therein,

i every contract for deed, deed, lease or other such instru-

■ : ■■'•••■■■■■■• ,-■■') ■■■■•■■■;. •. ment shall be- conclusively deemed to have been executed,

; delivered and accepted subject to the provisions of

..• . ' • Exhibit "B1,1 even if same are not therein recited'i'n full

or incorporated by reference therein.

■ (^1.00 Farn and Hone Savingsand Gibraltar join Jamaica herein for

the limited purpose of making, adopting and establishing

-3-

the foregoing reservations and restrictions hereinabove

•set forth applicable to the said lots.

EXECUTED as of this, the Jl2, day of *>?y.^.r . 1968.

JAMAICA RESORT CORPORATION

'./•:'•■.:'"'•ATTEST: ■•

\.•

FARM & HOME SAVINGS ASSOCIATION*'.*■. -! •-*'*.*•..

Y."-\V: .■'ATTEST: GO

Secretary

.../.,■.••■■■...• A1TEST;

GIBRALTAR SAVINGS ASSOCIATION

'. President

THE STATE OF. TEXAS

COUNTY. OF

BEFORE ME, theomdersigned authority, on this day per-sonally appeared C^J.^r^.^^,) ... President"of JAKAICA RESORT-CORPORATION, a corporation, known to me to ...be the person and officer whose name is subscribed to the '

foregoing instrument, and acknowledged .tome that he executed.the came for the purposes and consideration therei'n expressed,-In the-, capaci l.y therein stated, and as the act .and deed of .\sald corporation.. •'••...

.GiVEN under my hand and seal of office this~?y/ . 1Q68. •

day

NOTABY PUBIJC IN AND FOR

^/ COUNTY, TEXAS

h".

■ ."THE STATE

/COUNTY'OF

BEFORE ME, the undersigned, authority, on this day

personally appeared //, ,. of FARM & HOME SAVINGS ASSOCIATION, a corpo-

.: ration, known to me to be the person and officer whosename is-subscribed to the foregoing instrument, and

; ..:acknowledged..to me that, he executed the same for the •

\ --'purposes and consideration therein expressed, in-the\ ' ^capacity therein stated, and as the act and .deed of said,\ 'corporation. .' . .

X IH.\ ' GIVEN under my hand and seal of office this &..% ;,:-;--4ay-of Ib^U^ , I968. ~

■■•.',-1 \ ■* - kt nm lavas iiorouoi it. )izi

_•. «■-...'.*' * * ■• * * . _ * _'■- ■ *!.. -*j

. NOTARY PUBLIC.IN AMD'FOR.

■''■■,{<:

COUNTY OF HARRIS r. 0

BEFORE MB, the undersigned authority, on this day

. perslnally appeared ff); >.„«■> •>( Q.^^^j fc^Presiuent of GIBRALTAR SAVINGS ASSOCIATION, a Texas oavlngoassociation, known- to me to be the person and. officer whosename is .subscribed to the foregoing Instrument, and acknowl-

• edged .to me that he executed the same for the purposes and.;contsideration;:;therein. expressed, in the capacity therein !'. stated,.and as.the act: and deed of said Gibraltar SavingsAssociation. ■. ' . • ! . • • •'

a:..g:

^7under my hand and seal of

■•' ■'-.'- 1968.

' » '. ■ / * . ■

office thia day

NOTARY PUBLIC IN AND FOR

HARRIS COUNTY, TEXAS

. 1'i'iur 1 in anil [w «.v«s

-5-

v.

TRACT 1: The eurfaco only of Lota 12, 15, 82, 84, 87, 89. 90-A, 90-C,' 1Z£, ' '•123 and 124, 126, il27, 128, 129, Lota 131 to 141, both inclunlve, Lota 451,• 472, *'476,..'482; 484, 485, 488,495, 532, 543, 553, 5£3, 598, 603 and 604,. .606, ;632, 493,^

'633, 65.3, ;660.and:686 of Sea lolo, a Subdivioion In Soction 12' of*tho Hall!and ,\" .''■''■ ,:\JonoaSuryoy^of Galveeton laland, In Galvoaton County, ToxaaaccordingVto'the-'•■."•V?: "'•'•iplat;ofvBaidSubdlvieion recorded in Vol. 254-A, Pago 76/in'W offlco1 of>the . : ■■■ •:"• :-'C6urityVCl«rk^of Galvc aton County, Toxaa. • • " ;• "V.- • . y . V.' ■!.-:':V:-

TRACT2: Tho aurface only of Lota 91,' 91-A, Lots 92 to 98, both incluolve, ;:^'4'Vr/..V-"v-:.-..Lois 101» 102» 103< 363» to'367, both Licluoive, Lota 369 to 372, both incluuivo,"' : V.'i.';.1';^v0 •Lota. 379 to 385,-both incluoivo. Lota 387, 388, 389. 391, 392, 395, 402, ;405, . '.:•.Sri.-}'.:;*. 406. 409. 410, 412/417, 418, 421-A, Lota 422 to 425, both Inclualve, Lote 427, '•

435. 436,439, 441, 683, 795, 797, 798, 799. 800, 801. Lota 810'to

Incluaive. Lota 818 to 822, both Inclusive,' Lota 832 to"836. b'o.th.inclunive;''-

■W&ik112-?*Voi l67■.and Ea8t 1/2 of ^ 168» Wect 1/2 of Lot 169 and Eaat l72o'f;Lofl70, :.:•'&$$$ ot Sca";1."10 r!lr?t Extc«»»lon, a Subdiviaion in Soction 12. of thaHallandJonea./.^.;?.;'^<f^.■^^•Survoy of Galveeton Ioland, In Galvooton County, Toxae, according to plat of''■■?$.?,'"' -•I'j^v'J-V-aald Subdivision of record Jn Vol. 254-A, Paga 78, In tho••»'«'—■?-'•»!—';--<- -t.-"'::v ' ']>^f"'-:kV. Clerk of Galvo6ton County, Toxaa.

■ •'■ •..

r. A■:* iii Subdlvieion of•"'-5 J^SX-'Vr -' '+'~m i"- • ». ' ' *j

record in Vol. 254-A, Page 81, in theo offlco of tho County Clerk-:) ■''c~-

Ji Tho aurface only of Loto 1447, 1453, 1454, 1456, 1461, 1463, 1467, \ frgjReyioion of Second Extension ^o Soa lalo, a Subdivialonln Galveaton'. ■' ''■ ,'*-->■

,. Toxao, according to plat of na'tiRovialoa of record in Vol. :254-A/Fago' • .'-.tho offico of tho County Clerk it'Galvoflton County, Texas. 7 , .:. "

TRACTS: The aurfacc^bnlv of Lota 143«. 1489, 1508, 1510. 1511, 1513, 1514,1516.. 15Z1-; 1522. 1523, 1525. 1527. 1529, 1530, 1532. 1534," 1535. 1536. 1537." '■?>'538, 1539,. 1541, 1543, 1545. 1546, 1548, 1549, Lota. 1550 to.1556. both toclualvB,^

Sea.lBlo Third;Extenalon, a Subdlvialon in.Soctlon 12 of the Hall and Jorie* '' H '&-,„-..„, Galyeaton loland, In Galveaton County, Texaa, according;totplat of. eaid;)f:^

n recorded In Vol. 1616, Pago 18, In {he offico o{ the.County Clerk'of -..iv^.v.County, Texaa. . • • • .''.,■■ ■"". .'-'x■';■'■ f;•■."•...■:'• ?M^

■ .;.-;;■■- 6= The «'wfacc only of Lota 752, 753, 754, 774, 778, 779, 788, 791/792, .:^;-''V?i.;-V 794< • LotB e61 t0 867' both Inclualvo, Lota 876 to 889, both inclu»Jve,./Lofa 1578,, 'x•'VV'-^r1579' Lot0 1581 to 1586» both inclualvo, Lote 1588, 1589. 1591, 1593, 1595, 1597, M•"ff:?-.V.-:l599, 1601, 1602, 1,604, 1605, 1606,-1607, 1608, 1610, 1615. 1619, 1622/1623,'.. / v, , . . 1606.1607, 1608, 1610, 1615. 1619, 1622/1623,.. /?

, 1629, 1633, 1638 of Sea Ielo, 4th Extension, a Subdivision in Section ;12'of ;tho 'J

S'loft-^v/ • ■•' '•.:' .V-j:.^- EXHIBIT "A" (:{t; ';--• J ;'"?>:- ';"••' s^--' .'-.'r'r- .'i'-^i^^y v:^:" :.■ •:■ ■ • .•• • '.^:v-- ■-■{Pago i-oi &■.'■& ,••;:•>.• :..-^':i-.v?-^ ■ :"-.v ' "''•->.■ ;.V :-v

' 19°6' 1908«

! :!&?S%: map ot 8ald Subdivision recorded in^olTl/Su" *%"***•.TeXM» ac«rding to• :/A:if.(?; •; C0Unty C1"k of Galvo.ton County, TexaJ 8<> *' ta tto °mco °f *.; •.:.;:«.',■' * —"■•"■ wi u«toiton County '

••."•rf?;l",Vv):.Vol« 1616, Pago 87, in the off"cVo?

.-*J :)-a'T!-<.TR^CTl0; T"0 surface only of Lot«rfiSJi/"-^ i ' and 1937 of Se* l8lo» 8th Extor::V-jJ'.f-';:. Toxa». according to the nkfitifPr!-'. ta tt« office of the County

•V^'-^v TRACT 11. Th

.v^;'VvV; 9th E5ctea9.1°n» aSub'dlvli

to

-1*1V

_., -Subdlvlslo^lnGal^eston^ i1' bolh tocl««ve.'-.;•;• .I".- ;• of »*W Subdivision of record In Vo! "iS A ^Un^* TeXaB' *Ccordl11

;J?«%:^ ««k"fCalvestoa County. Texa. ' ft«« 1W- »» th« office

185e tjto the map /

tho County;■

iV^.sX^' <rf«»»I«to. 10t.•^Vt"/.tothe«napof B!,. .... ^e «nap of .aid Subdlvl.ion.-•#?V? •th<S C(Mmty C1<"k of Calv«-toa

•j, Section 12, of the Hall an«County, Texas, according toPa" 120, in the '"' ' *

^ Ialand'^

% 12th Extension, a Subdivision In Section Y^JV^ bOth inclu'lve' °f.... Calveston Island, in Galvoiton Cou^t T J°ne< Surv°y of•.;; division recorded in Book 1616 Pa ^122 Xf"' ttCcordIn* to tho map of said Sub£\> Calveston County, Texas. ' *" th° °mco of tt« County Clerk of

•■•• _ " ™""""i JtJin bxtens

: ■ Survey of Calveston Island. In. said Subdivision recorded in Book

... Clerk of Galve.ton County, Texa.

' •* ' "•HaU and Jono. Surveyto the map of .aid aJL

..County Qerk of Galve.toa

; "oth lnclu.lv0, Lot. 1791 to ' '& Subdlvi.ion la Section 12 of the •

Tl^^^ T°*"« "cordin/P*«tt W* * *» ^^ of the '

mm--?

'..'.• ••' .*'■■-:■*■■'■■.. .....i., .■.;..■.<.'. .•■,'•

or neccnanr.

■v-;.-'...\:-.J.;><&. >• N» boihttnr or oth

! -V '•-I! ■

• v" ••/.•":

fifty (60) feet from th« front lift* af ■"; "''':-''■•*«MI «nl.tn not 1c» lh>n ilx hun- .4-V'l' *? I

:tur« or bulldlnc or iddltlon thcrtio thill b. t(/i«ed to iht riound "'•'5 >!«l».ted ., ,11m. N, nbkhh „ itM, ,h,|, ,„ ,tM,d y, J

. — .... „, «i,hi.b #ti«ii w iwrca cr placed ■*'

iS^ssiS^S««=s^^

n>.ll.... _.l.t .t . * l™ *"" "tM 11111 •UtMrltT Li pol.» ..... .!.. ... ... '. ' •: ." . . I

\J

IFILED^FOR RECQRD

GERTRUDE 'MeKENNA!.'=«jiJ CI.MVESiOH COUHTY.KXAS

■-■

THE STATE OP TEXAS

COUNTY OP HARRIS

BEFORE ME, the undersigned authority, on this day

personally appeared -; >. ;.,.■ ..- . ,

•of ./•:.. T- .,.' .' .-.' , 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 .••/. ... . .."/•*.. •■■' -.'■ . ;.» .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 OP OFFICE this the

day of /r-....('.y,y 1969.

Notary Public dn and for

Harris County, Texas

FILES FOR RECORD

GERTRUDE iv'ltiCSUWACO. CT. CALVESlOHi-CUKy. TtXAS

it

I ts«iy certify tint ibis inslnmsal Hit Kti an toi-Vdsle Sid ttmestsnpai baton ty w jnd kjs duty rtcoJJa.in ttovwasaand pjjt oJ lh« lunxd rececds ol Cams\tu>touaty. Tew as jumped hewn b» <Bi. '

DEC 151069

CWnY ClfBK. totaled Cceaty.

-21-

LtiTfj r.T 7RUST v

THE STATE OP TEXAS x™CAS i . RESERVATIONS AND RESTRICTIONS

COUNTY OP GALVESTON 5 ,_, T »i SEA ISLE, SECTION 15

WHEREAS, THE TIMEWEALTH CORPORATION (hereinafter called"^wealth"), a Texas

Resort Corporation, is the owner of all that certain 31 77

Island,.in Oalveston County, TeXas, .. suMivislon

as Sea Isle, seeflon 15 according

being filed with the County

and,

WHEREASj Tiraewealth pop

erty to be" for the rautual benefit and pleasiire of the present

and future property owners in such 8ubdlvl8ion and to

the property value8 therein by.irapo5ing upon and against aU

of the lots therein the reservations, restrictions and other

provisions hereinafter set forth.

• NOW, THEREFORE, KNOW ALL HEN BY THESE PRESENTS that

THE'TIMEWEALTH CORPORATION does hereby nuUce, adopt and

establish the reservations, restrictions and other provi-

sions (including without limitation reservations, restric

tions, declarations, ease-nents, Citations, charges, lien3,

.agreeraents> covenants, conditions, preferential purchase

rights and stipulations) hereinafter set forth as applicable

to said lots in Sea Isle, Section „ a subdivlsion on

Galveston Island, Galveston County> .^^ ^^ ^ ^

-P or plat being filed i* the office of the County Clerk

of Galveston County, Texas (hereinafter-sometin.es referred" "

u

J. ■> .

•\':' KED OF TRUST

mi 2074 ma694 ' D

to as the "Subdivision"). Said map or plat has been duly

authenticated with proper certificates" and dedicates the '

streets shown thereon to the public subject to the reserva

tions, restrictions and other provisions herein contained

to the same extent as though copied at length in said dedi

cation certificate and said map or plat is subject only to

such rainor'changes as, in the judgment of Timewealth, are

necessitated by the efficient installation of improvements.

RESERVATIONS

In so authenticating said map or plat for record and

in so dedicating the streets shown thereon to the public, •

there was reserved and there is hereby expressly reserved " :

in Timewealth the following rights, titles and easements

(.hereinafter collectively called the "Reservations"). The ".

Reservations may be incorporated to the same"extent as if

• set forth in full in any contract of sale\ deed, lease or

other transfer of any interest in any property in the Sub

division by reference to this instrument; and every contract

of sale; deed, lease, or other transfer of any interest in

any property in the Subdivision shall be. conclusively deemed

to have been executed, delivered and accepted subject to the

following Reservations, even if the Reservations are not set

out in full and are not incorporated by reference in such

contract of sale, deed, lease or other transfer of any inter-' '

est in any such property:

CD The legal and fee simple title in and to each andall of said streets as shown on said map or platis hereby reserved in Timewealth subject to the

- dedication of the use of such streets to the public for ordinary roadway purposes only. \

-2-

OF TSUST

U

C2) Tlmewealth reserves for itself, its successors andassigns, title ip and to all waters.sanitary sewer,

storm aewer, drainage and gas pipes, mains, conductors, and all appurtenances thereto and all

electric distribution, communication and television

lines, wires', cables, conduits and all appurtenancesthereto heretofore or hereafter constructed by

Timewealth or its agents in all of said streets in

the Subdivision, together with a perpetual easement

to operate, maintain, inspect, repair, reconstruct,change the size of and remove such pipes, mains, conductors, lines, wires, cables, conduits* and appurtenances thereto, as It or they may from time to timedesire. .

(3.) Timewealth reserves for itself, its successors andassigns, a perpetual nonexclusive easement to lay,

construct, operate, .maintain, inspect, repair, reconstruct,, multiply, change the size of and remove

such water, sanitary sewer, storm sewer, drainageand gas pipes," mains and conductors and all appurtenances thereto pertinent to the operation of waterworks,

• sanitary sewer, storm sewer and drainage systems, andpertinent to the operation of gas distribution systems

and such, electric distribution, communication andtelevision lines, wires, cables,conduits, and

appurtenances thereto pertinent to the operationof,electric distribution, communication and cabletelevision systems as It or they may from time to

-time desire, in, upon, along, under, over, across andthrough all of said streets in the Subdivision. SuchPipes, mains, conductors, lines, wires, cables, con

duits and appurtenances shall be burled to such reasonable depth, as will not interfere with the use of the

streets for ordinary roadway purposes.

(4.) " Timewealth reserves for itself, its successors andassigns, perpetual utility easements or rlghts-of-

way in, upon, along, under, over, across and through

the front ten (.10) feet of each lot or parcel of land

in the Subdivision to lay, construct, operate, maintain,

inspect, reconstruct, multiply; change the size of and

remove such utility lines and facilities (including

without•limitation of the generality thereof, water,

sanitary sewer, storm sewer, drainage and gas pipes,

mains, conductors and..all appurtenances thereto and

electric distribution, communication and television .

lines, wires, cables, conduits, poles, towers, props, .

• guys, connections and all apjpurtenances thereto), as

it or they may from time to time desire. The term .

•"fr-ont ten (10) feet of each lot or parcel of land

in the Subdivision" as used in this paragraph is a

strip of land ten (10) feet in breadth along each

" side of each lot or parcel of land adjoining a street.

■Timewealth further reserves for itself, its successors

and assigns, such other utility eas'ements in, upon,

along, under, over, across and through each lot or ']parcel of land as are shown- on the said map or plat of'

• ' '. ttiiiU -OF TRUST

■milL iS ea8ements ^«l«de the rights of

and egress thereto for the exercise

I? inClUde the **** ^^• parts JierLraSementS allbush«, trees andXlcJ in thf °? f"y obst^=tions whatsoever

f "f iOn °f Titne«ealth or its suced °r

among two or more owners . ^-s• I )

Timewealth further reserves the

?o;h J "tility easements are notdedito the public in any manner.

SantS^V0^6 foree°in6 "tility easementsgranted a further utility easement is herebyreserved, if and when Timewealth shall•provide

SiviI!onUnd f11^t^S °f- an* nat^« to ?he sub-alom and h ^ (2) f°Ot Wide easement centeredline inS ^S« 6 thG under8r°und utility service

ISnf reserves for "self, its successors andalonf und Perpetual nonexclusive easement in, upon,Srbfi o? rJH°rr2 aCr°SB and throu6h' each lot Srparcel Of iand in the Subdivision which abuts a water

S' VT°? Mlth the °wner of an^ 5Uch lot or -to the extent necessary to construct

-4- n

'KSOF TRUST J

IJ operate, maintain, inspect,repair, change the Size>-r of and reconstruct bulkheads located in whole or

in part on such lots or parcels of land for' the nur-pose of maintaining and protecting the lots or parcels of land from erosion.

(6) Timewealth reserves for itself, its successors andassigns, all of the underground water and undergroundwater rights in, on, under and that may be recovered

. from any lot or parcel of land within the Subdivisionexclusive or water rights in surface waters, but waivesall rights of ingress and egress for the purpose of ex-ploring, developing, drilling, mining for and producingsuch underground water from any such lot or parcel ofland and shall have the right .to recover such undergoundwater only from any adjacent land. " "

_■■ t .

Tlje coveriyance by Timewealth of any lot or parcel of

land in the Subdivision by'contract of sale, deed, lease or

other instrument transferring any interest shall not in. any

event be held or construed to include any of. the rights,

titles and easements heretofore reserved in any of the fore-

. going paragraphs, nor the title to water, gas,' sanitary sewer,

^J ' Storm sewer> drainage and gas.pipes, mains and conductors and

all appurtenances thereto and electric distribution, communlca-

. tion and television lines, wires, cables, conduits, poles and '

all appurtenances or any other utility or appurtenances there

to constructed by Timewealth or its agents, in, upon, along,

under, over, across or through such easements, such property

or any part thereof, or such streets, to serve any property

.within or without the Subdivision. The right to sell and

. lease all such rights, titles, easements, utilities and

appurtenances is expressly reserved in Timewealth, its suc

cessors and assigns. The foregoing reservatipns or rights

and easements shall not, however, obligate Timewealth to

exercise any of such reserved rights and easements.

■ DEED Cf THTST .

The invalidity, abandonment or waiver of any one or

more of the foregoing Reservations, or any sentence, clause

or part thereof shall not affect the remaining Reservations

or sentences, clause or parts thereof, which shall remain in

full force and effect.

RESTRICTIONS •

For the purpose of creating and carrying out a uniform

plan for the parceling and sale of all lots in the Subdivision

as a district set aside for suburban homes and the use3

ordinarily accessory thereto, the following restrictions, in

cluding without limitation restrictions, declarations, ease

ments, limitations, charges, liens, agreements, covenants,

conditions, "preferential purchase rights and stipulations

(hereafjber collectively called the "Restrictions"), are here

by" established and adopted to apply.uniformly to the use, \ )

oecupancy and conveyance of all of the lots In the Subdivision.

The Restrictions may be incorporated to the same extent as

though set forth in full in any contract of sale, deed, lease

or other transfer of any interest in any lot in the Subdivision

by reference to this instrument; and every contract of sale,

deed, lease, or other transfer of any interest hereafter

executed with regard to any lot in the Subdivision shall be

conclusively deemed to have been executed, delivered and

accepted subject to the following Restrictions, even if' the

Restrictions are not set out in full and are not incorporated

by reference in such contract of sale, deed, lease or other

transfer of any interest in any such lot:

■ n

-6-

1£ED OF

(1)purposes" excludes, without limitation, hospitals, clinics, duplex houses, apartment housesearage apartments, hotels and exlcudes commercialand professional uses whether from homes resi-

S 7 ?!;herwlse> but deludes any rental of af y dWelli"g t0 a il ftimi Ld f y dWelli"g t0 a 5in*le faraily ^ anytime and for such period of time as any Owner of

a lot deems desirable. No building, otherthan

3&5otherthan

5garages and other structures as may be suitablefor Use by a single family, shall be erected,placed, altered or permitted to remain on any lot

°f any type sha11 be constructedh KCred °" any lot until a buildinghas been issued for such structure by the

LnH rTment Committee as herein defined,standards for approval for such structure will

be in compliance with these restrictions, i

SG ^ WOrtohlin SiM . P. **• external^esignSS ?£On tO existln6 structures and the loca-

eCt tO toPP8f*Phy or the property,herein shall b hld

? tO toPP8f*Phy or the property,as used herein shall be held to Include

SScksOtlwlted tO; b»^*°: '«»--, boat houses,flocks, piers, porches, decks, house trailers walls ■

M f1™1?1"8 PO°18' Playeround equipment and outdoor 'TheiS °r.ea"n6 facilities of a permanent nature.me sea Isle Improvement Committee may require areasonable fee for performing the functions ofthis paragraph and may refuse to issue such'abuilding permit for failure to pay such fee:

r6 a11 r^idences, exclu-till onn P porohes and earages, shall not be lessthan 900 square feet.

All elevated structures built on pilings or otherST.-u' ^levated foundations shall be designed sothat the foundation will be beautiful in a mannerto maintain atandards set by the Sea Isle Improve-

. ment Committee. Above ground butane or other fueltanks must be screened from public view by plantingor decorative fence or screen in a manner approvedby the Sea Isle Improvement Committee.

(5) All storm blinds must be painted to match the housecolor or unpainted in the case.of an unpainted house.

(6) Each residential dwelling shall face the front side ofthe lot on which it is located. For the purposes of

- this paragraph, the "front side" shall be that prop-.• erty line adjacent to a canal. The "back side" of a •

■■-7-

C-t£D OF TRUST • '■■■'.'" ■.'-'

book2074^700 ' ■ :"?w-*>*' - D

h??^ be'fia6"pi>Operty line adjacent Wa'road,building shall be located less than twenty

2\£°5 3i?Vf "^ lt With" '\£5 ?V "^ l0t- With ^ttantftoL-the Sea Isle Improvement Committee porches

may extend up to twelve feet bey°»d «*°f S 1Ot' Bulldin8s shall be constructed

f6et fr°m the t li

•^Improvement Committee, in its sole discretionis hereby permitted to approve reasonable devia-

ii°"L bU"din8 lines i" instances, where, inits discretion, such deviation will result in a

rLCTl bwill result in a

berLCTHn,ly beneficial us«- Sucjx.apprdval mustbe granted in writing and filed ofRecord and when

s:st8rice;£filed'win b^°rae; ^ ^ «-f(7) Hcnoxions or offensive activity shalVbe^arried

on ^V17 l0t> n01% 3na11 anytWn6 be done thereon which maybe or may become an-annoyance or a •nuisance to the neighborhood. .

(8) No animals, livestock or polutry of any kindshall be raised, bred, or kept -on any 'lot,' exceptthat dogs and cats (not to exceed two of eachcafregorV) may be kept, provided .they 'are not kept,bred or maintained for any commercial purposes •but only for the use and pleasure|of the ownersof such lots. . ,

(9) No" residential dwelling shall be occupied'unlesstoilet facilities are installed inside'suchdwelling and are connected to and use"lonlythe'central, sanitary.sewer system In the Subdivision.V°^e?^1C1tankS' outdoor toilets, cesspools orindividual disposal systems shall be constructedor used within the Subdivision. .-•

(10) Each lot which is served by a private drivewayconstructed over a drainage ditch or drainageway shall have open drainage under such drive-

i.:. •„ .way Vith.a net drainage opening area pf suf

ficient size to permit the fi*ee flow of waterwithout back water, and shall be a minimum of '1» inch diameter pipe culvert, although the'Committee may require a larger size and determinethe grade.

(11) The owners or occupants of all lots in this Subdivision shall at all times keep all weeds and.grass thereon cut in a sanitary, healthful and„ attractive manner, and shall in no eveht use any- lot for storage of material and equipment exceptfor normal residential requirements, or permitthe accumulation of garbage, trash or rubbish of

-8-

ZZVJW TRUST.

uany kind thereon. In the event of default on thepart of the owner or occupant of any lot in the

Subdivision in observing the above requirements,or any of them, Timewealth and any of its em

ployees, agents, or representatives, may, withoutliability to the owner or occupant, in trespass

or otherwise, enter upon said lot, cut or cause

to.be out, such weeds and grass, and remove or

cause to be removed, such garbage, trash, rubbish,

etc., so as to place said lot in a neat, attractive,healthful and sanitary condition, may Sill for the

cost of such work either the owner or occupant of

such .lot. The owner or occupant, as the case may

.be, agrees by the purchase or occupation of any

lot in the Subdivision to pay such statement im

mediately upon receipt thereof.

(12) No 3ign, advertisement, billboard, or advertising strucutre of any kind may be erected or main

tained on any lot without the consent 'in writing

of the. Sea Isle Improvement Committee. Timewealth

or members of the Committee shall have the right

•" to remove any such sign, advertisement, or billboard

or structure which is placed on any lot without such

consent, and in so doing, shall not be liable, and

is expressly relieved from any liability for trespass

or-otner sort in connection therewith, or arising

from such removal. ' .

(13) No boats, boat trailers, or boat rigging shalleveFfciTpirked or placed (except temporarily)nearer to the street than the building set-back

lines. The parking of automoti-ve vehicles on

road shoulders for a period longer than twelve

hours is prohibited.

(11) The digging of dirt or the removal of any dirtfrom any lot is expressly prohibited, except

when necessary in conjunction with landscaping

Of such lot, or in conjunction with construction

being done on such lot, but no fill material

which will change the grade of a lot shall be

placed thereon without the approval in writing

of the Sea Isle Improvement Committee.

(15) All residences and other buildings must be kept •in good repair, and must be painted when necessary

to preserve the attractiveness thereof.

(16) All hunting rights on the property constituting

the Subdivision are retained by Timewealth, its

. successors and assigns, and without the express

written permission from Timewea.lth, its successors

and assigns, or its duly authorized agents,

-9-

2074 rw7n

purchasers of lots, their heirs, successors and

assigns, shall not have the right to hunt on

or from any property in the Subdivision, or from

any other property of Timewealth or'from any of

the islands now owned by Timewealth or which may

hereafter be constructed for or by Timewealth,

its successors or assigns, and which islands are,

or may be located in West Bay. No firearms shall

be discharged in the Subdivision.

(1.7) If the Owner of any lot in the Subdlvisipn, at anytime or from time to time during the twenty-one

(21) year period after such lot was first conveyed

by TJtoiewealth, its successors or assigns, to Owner

or its predecessor in interest, either (i) receives

a bona fide offer acceptable to Owner'covering the

purchase from Owner of all or any part or interest

. in such lot, or (11) desires to transfer- the owner

ship or the possessory rights to all or any part of

the interest in such lot by any means other than

" sale (except devise, descent and repossession by a

mortgagee under a deed of trust, mortgage or vendor's

lien after a bona fide default), Owner shall give

Timewealth, its successors or assigns, written notice

thereof at 800 Sheraton-Lincoln Center, Houston (orat the then registered office of Timewealth or of

its successors and assigns, or- such other address

as Timewealth, its successors or assigns, shall

designate by supplement to these restrictions filed / \

in the Deed Records of Galveston County, Texas)-prior '

to consummating either of the aforesaid transactions.

Such notice shall set forth the name of the party or

parties to which Owner desires to sell or otherwise

transfer such Interest, the terms and conditions under

which such sale or transfer will be made, and the

address of Owner. Timewealth, its successors and

assigns, shall have, and by the acquisition from

Timewealth of any lot in the Subdivision the party

acquiring such lot hereby agrees that Timewealth,

its successors and assigns, shall have and grants to

Timewealth, its successors and assigns, a preferential

right to purchase the lot or part thereof or interest

therein referred to in the aforesaid written notice.

Timewealth, its successors or assigns may exercise

said option by giving written notice to Owner at any

time within the thirty (30) day period next following

receipt by Timewealth, its successors or assigns, of ' 'the aforesaid written notice from Owner. If Timewealth,

its successors or assigns, exercises its preferential

right to purchase the lot or part thereof or interest

therein in accordance with the foregoing provisions

hereof, the purchase price thereof shall be either

(a) the amount set forth in the aforesaid offer if

such preferential right to purchase arose from an offer •

to purchase such lot or part thereof or interest therein,

n

-10-

. t:CL"l) OF TRUST

'""2074 ^.703

or (b) the fair market value of such lot or part thereofor interest therein if such preferential right to purchase arose from the desire to transfer the ownershipof such lot or part thereof or interest therein by means

other than sale. If the parties do not agree on thefair market value thereof, such fair market value shallbe determined by an appraiser appointed by the DistrictJudge of the State of Texas then senior in years of

Bervice in the district having jurisdiction in thepremises. If Timewealth, its successors or assigns,

' • does not give written notice of its exercise of its'preferential right to purchase within the aforesaidthirty (30) day period, it shall be deemed that Tirae-

vee-1-thy its successors and assigns, has elected not to

exercise such rights as to the transaction referred toin the aforesaid notice from Owner; provided, however

such preferential right to' purchase shall continue in'full force and effect and shall be applicable to allsucceeding transactions with respect to such lot.

Timewealth, its successors and assigns, shall have

the1 right, without the consent of Owner, to assign or

otherwise transfer the aforesaid .preferential rightto purchase. Any sale or other transfer by Owner, its

heirs, successors or assigns, to any party owner than. Timewealth, its successors and.assigns, of any lot inthe Subdivision or any part thereof or interest therein

at-any time during the period of time when the aforesaidpreferential right to purchase is in effect, except

/ i pursuant to transactions as to which Timewealth, its

Vw/ successors or assigns, fails to give written notice

of its exercise of Its preferential right to purchase

Within the aforesaid thirty (30) day period in accor

dance with the foregoing provisions hereof, shall be

void and of no force and effect, and the purchaser '

or other transferee thereof shall gain no rights there

under. If Timewealth, its successors or assigns, exercises the preferential right to purchase set forth

herein, the closing of such transaction shall occur in

Harris County, Texas, offices of Timewealth, its suc

cessors or assigns, in Houston, Texas, on a date

acceptable to Owner and Timewealth, its successors

or assigns, within"the" thirty (30) day period nextfollowing the end of the aforesaid thirty (30) dayperiod.

(.18) The Sea Isle Improvement Committee (hereinafter .some- ,times referred to as the Committee) shall be composed

initially of:

Walter Grover;

Marvin McVey; and

Jack Wilson.

- After an aggregate of seventy-five percent of the

lots in Sea Isle has been conveyed by deed from

-11-

Ot5f.il Or TKl!"T

miff 2074 mx704

Timewealth, or at such earlier time as a majority

of the Committee shall elect, the then owners may

appoint a committee composed of three to five membersowning lots in Sea Isle to replace the membership of

the initial committee, or the members or remaining

member or members of the initial Committee may, In

its discretion, before said seventy-five percent of

the lots have been so conveyed by deed, fill vacan

cies on the Committee, which Committee shall never

have less than three nor more than five members.

As used herein, "Sea Isle" shall mean the Subdivision and all other subdivisions heretofore or

hereafter subdivided and designated as numbered

sections of "Sea Isle" according to a map or plat

filed in the Plat or Map; Records of Galveston

County, Texas, and which are situated on Galveston

. Island, Galveston County, Texas, but excluding lots,

tracts or parcels of land which were recited as

owned by Jamaica Resort Corporation in those

Reservations and Restrictions executed"the 22ndday of May, 1968, and found in Book 1968, Pages

835-842 of the Deed of Trust Records of the Countyof Galveston, State of Texas, and excluding those

lots which the previous owner of Sea Isle (as

referred to in those Reservations and Restrictions

filed JLn the Deed of Trust Records for the County

of Galveston at Book 1968, Page 835-81)2) had con

tracted to 3ell or had sold, as described in those s->.

Reservations and Restrictions. Each owner shall ( )be entitled to one vote for each lot to which he

then holds record title.

(19) After, said aggregate of seventy-five percent ofthe lots of Timewealth has been so conveyed by deed,

then, either on motion of the Sea Isle Improvement

Committee, or/in the event t.en or more lot ownersso request, the Sea Isle Improvement Committee may

arrange for the initial election of the members of

the Committee to replace those named herein. At

any time after one year from the next preceding

election, the Committee may arrange for any elec

tion for the removal or replacement of Committee

members—either in its own discretion or when so

requested in writing by ten or more lot owners.

The initial election or any subsequent election

shall be governed by the following rules: ■ ' i

Written notice of such election, given by actual

..notie'e or by addressing such notice by mail to the

last known address cl% each addressee at least two

weeks prior to such nlection, shall be i;iven to

each of the them lot owners in Sea Isle. Certifi

cation as to the mai ling of such notices shall be

. T deemed to be sufficient under these ruless. Votes :shall be evidenced by written ballot ami the ballot"

2

,r n

OF TRUSTS

shall be retained for at least one year after such

election. Election shall be by the majority voteof those owners then voting in such election.

Vacancies occurring between elections may be filled

by the remaining member or members of the Committee.

(20) No structure of any kind shall be erected,' placed oraltered in the exterior design after being erectedor placed on or attached to any lot in the Subdivision

until the construction plans, landscaping plans, or

other plans, specifications and a plot plan showingthe location and size of such structure has been submitted to the Sea Isle Improvement Committee and has

been approved in writing by the Committee-as to the

harmony ■of external design with the existing structures

on lots in tjie Subdivision, as to type of exterior

materials and exterior paint colors, as to qualityof workmanship and materials, and as to locationwith respect to topography and finished ground eleva

tions. Structure as U3ed herein shall be held toinclude, but not limited to, buildings, fences, boat

houses, docks, piers, porches, decks, house trailers,walls, swimming pools, playground equipment and out- .

door cooking or eating facilities of a permanentnature." The Committee may require a reasonable feefor performing the functions herein prescribed andmay-disapprove plans, specifications, designs and

plot plans for failure to pay. such fee. Such fees .shall be used by the Committee to discharge actualexpenses incurred by the Committee and any excess

shall be paid into the Maintenance Fund establlsnea

herein. Arter approval in writing has been given,the erecting, placing, or altering of the buildingsor improvements on any lots shall be made only inaccordance with the approved plans, specificationsand plot plans, unless variations or changes are also

approved in the same manner.

In the event the Committee fails to approve or disapprove the plans, specifications, designs or loca

tions within thirty (30) days after they have be«"submitted to the Committee or in the event the persons

seeking approval cannot locate any members of sucn

Committee after making a bona fide effort to do so,and shall file an affidavit reciting such facts inthe Deed Records of Galveston County, Texas, no -

. ' approval shall be required.

The Committee, in its discretion, may exercise the'limited riKht to approve minor deviations in build-

ss^sj; Ls-Trs s=^f«£County, Texas, and when so given-and filed, shall

l.=n> OF fSUSl

ndeemed to become a part .of these Restrictions.

(21) The Seaway Boat Club, Inc., a non-profit corporation,

with corporate offices at Houston, Texas, shall have

the following' powers and functions regarding the

Subdivision:

(a) Collect and expend, in the interests of Sea

Isle as a whole, the maintenance fund hereincreated..

(b) .Enforce these covenants and restrictions

by appropriate proceedings (but this power

shall not be exclusive and may also be exer

cised by any lot owner in Sea Isle).

(c) Enforce any lien imposed on any part of

this Subdivision by reason of the violation

of any of these covenants or restrictions, or

by reason of failure to pay the maintenance

charges herein provided, and to execute a

release of such lien upon performance.

(.22) Each lot in the Subdivision," after its completion

(roads, utilities') as a saleable lot by Timewealth,

its assigns or designees, is hereby subjected to an

annual, maintenance charge .of Forty-Five and No/100

Dollars (♦'IS.00). per year, payable annually in ad

vance by the Owner of each lot, or any part thereof

or interest therein, on the first day of January of

each year, beginning January'1, 1970, and each suc

ceeding year thereafter until terminated as provided '

below, to the Seaway Boat Club, Inc..(hereinafter

sometimes referred to as the Club) its successors

and assigns, at its principal office in Houston,

. Harris County, Texas, for the purpose of creating a

fund described below, known as the "Maintenance Fund."

As used herein "Owner" refers to the record owner,

but shall refer to a purchaser under a contract for

deed when such a contract exists. . The maintenance

charge shall be a continuing affirmative covenant

and charge running with each lot and shall also be

a personal obligation of each Owner running with

each lot, but shall be prorated between purchasers

and sellers of lots. Any maintenance charges which

are more than ten (.10) days delinquent shall bear

interest at the rate of ten percent (10JO per annum,

provided that until such time as Timewealth has

conveyed any lot by deed, the maintenance charge for

•such lot may be paid in equal monthly Installments

without interest. Any transfer of a lot without pay

ment of all maintenance charges and interest thereon

shall be subject to a lien for such amounts.

The Club may from time to time .increase or reduce'the

« of trust ••

""2074^707maintenance .charge, as needs make necessary or circumstances permit, for a specified year or number ofyears pursuant to resolution applying uniformly to

all lots in the Subdivision. The Club may from timeto time permit the maintenance charge to be paid ininstallments, and may also from time to time reducethe maintenance charges payable Tor two or more lotsowned by the same Owner pursuant to resolution applying uniformly to all maintenance charges payable fortwo or more lots owned by the same Owner.

To secure the payment of the maintenance charge oneach-lot, a vendor's lien is hereby retained on eachlot in favor of the Club and it shall be the same asif a vendor's lien was retained in favor of Timeweaithand assigned to the Club without recourse in any manner on Timeweaith for payment of such indebtednessSaid lien shall be enforceable through any appropriateproceedings at law or equity. Each such lien shallhowever, be secondary, subordinate and inferior toall Iien3 (and renewals and extensions thereof)present and future, given, granted and-created by orat the instance and request of any Owner of any lotto secure the payment of moneys advanced or to beadvanced on account of the purohaBe price,-or theimprovement of any lot, or both, and.further providedtnat as a condition precedent to any proceeding toenforce such lien upon which there is an outstandingvalid and subsisting first mortgage lien, the Clubor its successor or assign shall giYe the holder ofauch first mortgage lien sixty (60) days' writtennotice of such proposed action by mailing to thenearest convenient- office of such first mortgageholder by prepaid United States Mail a statement ofthe delinquent maintenance charges upon which proposedaction is based. Upon request of any first mortgageliehholder, the Club shall acknowledge in writing itsobligation to give the foregoing notice with respectto the particular property covered by.such first mort-6?ee lien to the holder thereof.

The maintenance charge shall continue for a period oftwenty-five years, beginning on January 1, 1970, andshall be extended automatically for successive periods6f ten (10) years thereafter unless the owners ofrecord of a majority of the said lots increase, change

Or discontinue such charge in the same manner hereafter provided for other Restrictions.

By acceptance of a contract of sale, deed, lease orother transfer of any interest in any lot in the Sub-division, each Owner agrees and consents to the maintenance charge and the lien as provided herein.

The Club shall act as the custodian and administrator

u

-EEU OF n?Uo

nof the Maintenance Fund and shall have the right to

collect, hold and expend any and all moneys paid or

to be paid into the Maintenance Fund to carry out the

provisions hereof. The Club shall not be liable or

responsible to any person or persons whomsoever for

failure or inability to collect such maintenance

charge or any part thereof from any person or persons.

Payments of the maintenance charge shall be used by

the Club to create a "Maintenance Fund." All payments

of the maintenance charge to the Club from lots in theSubdivision or from lots in other sections of Sea Isle

may be pooled, merged and combined into a single Mainter-

nance Fund without regard to the amount collected from

each section. As used in' this Instrument, "other sec

tions of Sea Isle" shall mean any subdivisions hereto

fore or hereafter subdivided and designated as numbered

sections of "Sea Isle" according to a nap or plat filed

in the Plat or Map Records of- Galveston County, Texas,

which are situated on Galveston Island,' Galveston .County,Texas, and in which the lots are subjected to an annual

maintenance charge which is required to be paid to the

Club by applicable restrictions and reservations. The

Maintenance Fund or any part thereof shall be applied,

so far as sufficient, toward safety or health projects

or both, for developing, improving and maintaining any

and- all recreation or other areas which the Owners of

lots in the Subdivision-or in any of the other sections /"~"\

of Sea Isle may be privileged or shall have the right ( 'to use, regardless of who may own or the location of any

such recreational or other area; for improving and main

taining the streets, roads, canals, utilities, waterways,

beaches or other beachfront areas or other recreation

facilities in the Subdivision and any other section of

Sea Isle; for providing various services to the Owners

in various sections of Sea Isle and, in general, for

any and all purposes which the Club may consider to be . .

of general benefit or useful to the owners of the various

sections.of Sea Isle, including without limitation,

lighting, constructing, improving arid maintaining any

rights-of-way, easements, sidewalks, paths, fences,bulkheads, marinas, boat docking facilities, navigational

facilities and aids, parkways, esplanades, areas between

curbs and sidewalks, and any structures, facilities or

area which in the opinion of the Club can be used by or

would benefit the various sections of Sea Isle as a ' ''whole or the Subdivision or any other sections of Sea

Isle; collecting and disposing of garbage, ashes and

rubbish (other than garbage, ashes, rubbish and the

like from constructed residential dwellings), caring

for vacant lots, subsidizing bus or transportation ser

vice, employing watchmen or any other action deemed

desirable to protect persons and property, payment of

legal and all other expenses'in connection with the'

operation of the Club, and the enforcement of all

. n

■"•••■. •• -iTEU C+- TRUST

«a2074 pace709

recorded charges, restrictions, covenants, agreements

and conditions affecting property to which maintenance

charges apply, payment of all expenses in connection

with the collection and administration of the mainte

nance charges, and doing any other things necessary

and desirable in the opinion of the Club to keep property neat and in good order. The judgment of the Club

as custodian and administrator of the Maintenance FundWhen exercised In good faith in the expenditure of '

1 . such Fund or any part thereof shall be binding, final

and conclusive on all parties at interest. The Clubshall not be entitled to any compensation for acting

as custodian or administrator of the Maintenance Fund,but shall be entitled to reimbursement for expenses of

organization and other expenses incurred in good faith

in connection with the exercise of its duties, powers■ and obligations hereunder.

(23) The bulkheading on any beach or any lot shallnot be breached for any purpose without first having

obtained the written approval of the Sea Isle Improvement Committee and Timewealth or if any'other entity

or governmental agency maintains such bulkheading,

written approval of the Committee, shall be sufficient.No docks, piers, boathouses or any structures shall

be sonstructed into any canal without written approvalof the Committee and Timewealth, or if any other

i J entity or governmental agency maintains the bulkheading

>— on the canals, approval of such entity or governmental

agency, together with the written approval of the Com

mittee shall be sufficient. )

(21) No residential .dwelling shall be occupied unless the.residence is connected to the central water system

in the Subdivision. The drilling of any individualwater wells on any lot shall not be permitted.

(25) Underground electric service may be available to'lots in the Subdivision. If such service is made

available to a-lot and an Owner of such lot desires

to use such service, such Owner shall, at his own

cost, furnish, install, own and maintain (all in

accordance with the requirements of local governing

authorities and the National Electric Code) the

underground service cable and1 appurtenances from

the point of the electric company's metering on

such Owner's structure to the point of attachment

at the electric company's energized secondary

•junction boxes, said point of attachment to bemade available by the electric company at a point

designated by the electric company at the property

1 line of each lot. The electric company furnishing

- service shall make the necessary electric connec-

1 ' tions at said point of attachment and at the meter. •

In addition, such Owner" shall, at his own cost, *'

-17-

furnish, install, own and maintain a meter loop (inaccordance with the then current standards and specifications of the electric company furnishing service)for the location and installation of the meter of theelectric company furnishing service to the residenceconstructed on such Owner's lot. For so long asunderground service is maintained, the electric service to each lot shall be uniform and exclusivelyof the type known as single phase, 120/2l|0 volt 3

.wire, 60 cycle alternating current.

(26) These covenants and restrictions shall run with theland„ and shall be binding on all parties and allpersons claiming under them for a period of twenty-five years from the date these covenants are recordedin the offi'ce of the County Clerk of. Galveston County

. Texas, after which time such covenants shall be extended automatically for successive periods of tenyears, unless an instrument signed by the majorityof the then owners of the lots has been recorded,agreeing to change suoh covenants in whole or inpart or to revoke them.

(27) Enforcement of these covenants and restrictionsmay be by proceedings at law or in equity againstany person or persons violating or attempting to

violate any covenant or restriction either to re- /—sstrain such violation or proposed violation or to ' )recover damages. Such enforcement may be by theowner of any lot in the Subdivision.

The invalidity, violation, abandonment or waiver of any

one or more of or any part of the Restrictions shall in no

wise affect or impair the remaining Restrictions or parts

thereof which shall remain in full force and effect.

Sharpstown State Bank and the Homestead Bank, both of

Houston, Texas, the only.lienholders on the property within

the Subdivision do hereby join Timewealth and make, adopt ' '

and establish the foregoing Reservations and Restrictions

(including without limitation reservations, restrictions,

declaration, easements limitations, charges, liens, agree

ments, covenants, conditions, preferential purchase rights.

n

-10-

and stipulations) as heretofore set forth as applicable to

the property In the Subdivision.-

EXECUTED as of this the J£ day of JL...J,

1969.

- Secretary

THE TIMEWEALTH CORPORATION

By: .,- .I" -/President

y .\. ATTEST.:

SHARPSTOWN STATE BANK

'■•• :

" ATTEST:

^^Tgxt

HOMESTEAD BANK

By:

-19-

THE STATE OP TEXAS

COUNTY OP HARRIS

BEFORE ME, the undersigned authority, on this day

personally appeared Jack' E. Wilson, President of THE

TIMEWEALTH CORPORATION, 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 THE TIMEWEALTH CORPORATION, a cor

poration, 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 OP OFFICE this the-£ilL',day of -v .•■•.•.. {..-;■ 1969.

Notary Public in and for

Harris County, Texas

THE STATE OP TEXAS

COUNTY OP HARRIS

BEFORE ME, the undersigned authority, on this day

personally appeared ^ & &

( I

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 ^&4Z£A3&a corporation, and that he executed the same as the1 act

of such corporation, for the purposes' and consideration

therein expressed, and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OP OFFICE this the

of cA)>q>yryJjJu , 1969-

•.'.'•"•5P ■•.' . Notary PuBi-ito ih and for" '•'■•••.• " Harris County, Texas

"''.•/■■ ;;• •■..;'■.• •:'

n

-20-

: I.!

THE STATE OP TEXAS

COUNTY OP HARRIS

BEFORE ME, the undersigned authority, on this daypersonally appeared ; > ;.,.. ... ,

of —£-••-■■ '"'• ■ ■ ' ,••»' , known tome to be the person and officer whose name is subscribedto the foregoing Instrument, and acknowledged to me thatthe same was the act of the said .«/. .. 7.-. ., ■{ ■,'

a corporation, and that he executed the same as the act

of such corporation, for the purposes and considerationtherein expressed, and in the capacity therein stated.

. GIVEN UNDER MY HAND AND SEAL OP OFFICE this the

jilt day °f -*'.r■.:,..r.y.y 1969.

Notary Public tin and for

Harris County, Texas

FILES-FOR RECORDM

DECr513CS.

CUBK O. CT. GU.V£Sia» COBKiy. TtXAS

ic

SWHip

I tecir/ certifir li,3( mis iratiwnait Ha Ksl on tn.-^tocttexm hoon tjf me ...d ws fciy ncc^

wsty. Toss as slumped tatm hy in.

DEC 151069

CWB.1V Clfmt. totem* Camti. T'..i-,

-21-r

• },' DEEO OF TRUST

66

THE STATE OP TEXAS J RESERVATIONS AND RESTRICTIONS• OP

COUNTY OP GALVESTON $ SEA ISLE, SECTION 21

WHEREAS, JAMAICA RESORT CORPORATION (hereinafter called

".Jamaica"), a Texas corporation, is the owner of all that certain

8.14 acre tract of land out of the Hall and Jones Survey,

Galveston Island, in Galveston County, Texas, a subdivision

designated as Sea Isle, Section 21, according to the map or

plat thereof being filed with the County Clerk of Galveston .

County, Texas} and, • •

WHEREAS, Jamaica desires the development of its property

to be for the mutual benefit and pleasure of the present and

future property pwners in such subdivision and to protect-the

property values therein by imposing upon and against all of the

lots therein tlfe reservations, restrictions and other provisions

hereinafter set forth.

•NOW, THEREFORE, KNOW-ALL MEN BY THESE PRESENTS, that

JAMAICA RESORT CORPORATION does hereby, make, adopt and establish

the reservations, restrictions and other provisions (Including

without limitation reservations, restrictions, declarations,

easements, limitations, charges, liens/agreements, ..covenants,

condition., preferential purchase rights and stipulations)

hereinafter set forth as applicable.to said lots in Sea Isle,

.Section 21, a subdivision on Gaiveston Island, Galveston County,

JTexaa, according to-the map or plat being filed in the office

' of the County Clerk of Galveston County, Texas (hereinafter

called the "'Subdivision"). Said.map or plat has been duly

authenticated with proper certificates dedicating only, the use

of the streets shown thereon to the public for ordinary roadway

purposes, subject to the reservations, restrictions and other

provisions herein contained'to the same extent as though copied

at length in said dedication certificate, and said map or-

plat is subject only to such minor changes, 'as, in the judgment

of Jamaica, are necessitated by the efficient installation

of improvements. . ■ . • •

*'■''■ RESERVATIONS

In so authenticating said map or plat for record

and in so dedicating the use of the streets (whether such streets

are referred to as drives, avenues, roads, lanes, ways, boule

vards or streets) as shown thereon to the. public for ordinary .

roadway purposes only, there was reserved and there is hereby express

ly reserved in Jamaica the following rights, titles and easements

(hereinafter collectively called the "Reservations"). The

Reservations may be incorporated to the same extent as if set

forth in full in any contract of sale, deed, lease or other trans

fer of any interest in any property in the Subdivision by reference _

to this instrument; and every contractof sale, deed, lease ■

or other-transfer of any interest in any property in the

Subdivision shall be conclusively, deemed to have been executed, .

delivered and accepted subject to the following Reservations,

l-2-

pace'668

even if the Reservations are not set out in full and are not

Incorporated by reference in such contract of sale, deed, lease

or other transfer of any interest in .any such property:

(1) The legal and fee simple title in and to each andall of said streets as shown on said map or

plat is hereby reserved in Jamaica, subject to

the limited dedication of the use of such streets

to the public for ordinary roadway purposes

only.

(2) Jamaica, reserves for itself, its successors andassigns, title in and to all water, sanitary

sewer, storm sewer, drainage and gas pipes,

mains, conductors, and all appurtenances thereto

and all electric distribution, communication

•• and television lines, wires,, cables', conduits

and all appurtenances thereto heretofore or

hereafter constructed by Jamaica or its agents

6%.in all of said streets in the Subdivision., together

with a perpetual easement to operate, maintain, ■

inspect, repair, reconstruct, change the size £Jof/and remove such pipes,, mains, conductors,

lines, wires, cables, conduits and appurtenances •- •

thereto, as it or they may from time to time • "

desire.

(3) Jamaica reserves for itself, its successors and

assigns, a perpetual nonexclusive easement to lay,

construct, operate, maintain,.inspect, repair,

reconstruct, multiply, change the size of and

remove such water, sanitary sewer, storm sewer,

drainage and gas plp.es, mains and conductors and

all appurtenances thereto pertinent to the

operation of waterworks, .sanitary sewer, storm

sewer and drainage systems, and pertinent to the

operation of gas distribution systems and such

• electric distribution, communication and tele

vision lines, wires, cables, conduits and

appurtenances thereto pertinent to the operation

of electric distribution, communication and

television systems as it or they may from time ■ ' i

to time desire, in, upon, along, under, over, ■

across and through.all' of said streets in theSubdivision. Such pipes, mains, conductors, •

lines, wires, cables, conduits and appurtenances

shall, be buried to such reasonable depth as

will not interfere with the use of the streets

for ordinary roadway purposes.

. [k) Jamaica reserves for itself, ita successors and

U assigns, perpetual utility easements or rights-

of-way in, upon, along, under, over., across andt

• ■ — 3 ""

u .through.the various ten (io) feet wide segmentseach of which is individually shown on theattached map or plat of the Subdivision as"10' UTILITY EASEMENT," to lay, construct,

• operate,- maintain, inspect, reconstruct, multiplychange .the size of and remove.such utility

. lines and facilities (including without limitation of the generality thereof, water, sanitarysewer, storm sewer, drainage and gas pipes

mains, conductors and all appurtenances' theretoand electric distribution, communication andtelevision lines, wires, cables, conduits, poles

. 'towers, props, guys, connections and all appur- ' :tenances. thereto), as it or they may from timeto. time desire. All utility easements herebyreserved are easements ten (lp) feet in breadthat and below normal ground level and extendingupward to a plane twenty (20) feet above theground, and from said plane and upward, theutility easements are unobstructed aerialeasements twenty (20) feet in breadth, extending

*yfive (5) feet in breadth adjacent to and onboth sides of the utility easements on each lot

• • qr parcel of land. All utility easements include. the rights of ingress and. egress thereto for the

exercise thereof and include .the right to removefrom the utility easements all bushes, trees 'and parts thereof or any obstructions whatsoeverwhich in the opinion of .Jamaica or.its successorsor assigns, endanger or may Interfere with theefficiency, safety or proper maintenance of theUtility lines and facilities. Neither Jamaica,any utility company, nor any other successor or

assign, using the utility easements shall be .liable for any damage done by them or theirassigns, agents, employees or servants to

shrubbery, trees or.flowers or other propertysituated in the part of a.lot or parcel of landconyered by Buch utility easements. All utility .

easements hereby reserved shall be divisibleamong two or more owners.

■Jamaica further reserves the exclusive right,to grant franchises and easements to utility

companies.to lay, construct, operate, maintain',-

inspect, reconstruct, dhange the size of, multiply and remove such utility lines in such utility

■ easements. Such utility easements are not

dedicated to the public in any manner.

In addition to the foregoing utility easementsgranted, a further utility easement is hereby

7 reserved, if and when Jamaica shall provide

deed qf trust „

• •_4_ book 1998 pac.669

.DEED OF

underground utilities of any nature to the Sub

division, a two (2) foot wide easement centered

. along and beside the underground utility service

line installed from the aforementioned ease-

me'rit adjacent to each lot to the point of

service on the residential structure.

(5) Jamaica reserves for itself, its successors

and assigns, a perpetual nonexclusive easement

. in, upon, along, under, over, across.and'

through each lot or parcel of land in the

Subdivision which-is adjacent to the beaches

iying along the Gulf of Mexico, (in common with 'the owner of any such lot dr parcel of land), •to the extent necessary to 'construct, Operate,

maintain, inspect, repair, change the size of

' and reconstruct bulkheads located In whole or

in part on such lots or parcels of land for

the purpose of maintaining and protecting the

lots or parcels of land and the adjacent-beach

from erosion. • •

(6) ' Jamaica reserves for itself, its successors

and assigns,, all of the underground water and

underground water rights'in, on, under and that . ' •■■may be recovered from any lot or parcel of • ■-

land within the Subdivision exclusive of water

. .rights in surface waters, but waives all rights

of ingress and egress for the. purpose of.

exploring, developing,' drilling, mining for

- and producing such underground water from any

such lot or parcel of land and shall have the.

right to recover such underground water only

from any adjacent land. .

(7) There are certain areas shown on-the map orplat of the Subdivision designated "Walkway."

Jamaica hereby reserves and hereby conveys to

Seaway Boat Club,- Inc., a Texas non-profit

corporation, its. successors and assigns,

perpetual easements and rights-of-way in,

along, under, over, across and through each

area designated "Walkway" as shown on the map

or plat of the Subdivision (in common with ' •

the owners of the two lots abutting each of ■

such walkways) to construct, operate* maintain,

inspect and reconstruct a common walkway for

a passageway by foot for all licensees of

. said corporation.

- 5 -

" (8) 1*111* fLCWtain areas shown on the map or»£L°£ fc£e<Sub<*vl8i°n which are designated

' in ll I S2V*' each Ofwhich Adjoins lotsin the Subdivision. Jamaica hereby reserves

• Jj! ?rJmbe drlves wlfch the- benefit of theadjoining lots as a common driveway for ln^resa

the public streets"; provided, however, thatin common therewith Jamaica hereby reserves

, .Jtnd conveys to Seaway Boat Club, Inc., aTexas non-profit corporation, its successorsand assigns,, perpetual easements and rights-of-way in, along, under, ovefc, across andthrough the areas designated as "PrivateDrive on the map or plat of the Subdivision

,. . to operate, maintain, repair and reconstructthe private drive, or- a part thereof,, as a

. common passageway by foot for all licensees£,of the said Corporation.

The conveyance by Jamaica of any lot or parcel of

land in the Subdivision by contract of sale, deed, lease or

other instrument transferring any interest shall not in any

event be held or cbnstrued to include any of the .rights, titles

and easements heretofore reserved in^any of the foregoing

paragraphs, nor the title to water, gas, sanitary sewer,- storm

eewer, drainage and gas pipes, mains-and conductors and all

appurtenances thereto and electric distribution, communication

and television lines, wires, cables, conduits, poles and all

appurtenances or any other utility or appurtenances thereto .

DEED OF TRUST

- 6 -

DEED or TRUST"■1998

\+J constructed by Jamaica,or its agents, in/ upon, along, under,

over, across or through such easements, such property or'any

part thereof,.or such streets, to serve any property within

or without the Subdivision. The right to sell and lease all

such rights, titles, easements, utilities and appurtenances is

expressly reserved in Jamaica, its successors and assigns. The

foregoing reservations or rights and easements shall.not,

however, obligate Jamaica to exercise any of such reserved

rights and easements. . .

f. The invalidity, abandonment or waiver of any one or

more of the foregoing Reservations, or any sentence, clause

or part.thereoT'shall not affect the remaining Reservations or

sentences, clauses or parts thereof, which shall remain in

, ■ full force and effect.

RESTRICTIONS

For the purpose of creating and carrying out a uniform

plan for the parceling and sale of all lots in the Subdivision

. as a district; set aside for suburban homes and the uses

ordinarily accessory thereto, the following restrictions,

including without limitation restrictions, declarations, "

easements, limitations, charges, liens, agreements, covenants,

conditions, preferential purchase rights and stipulations

(hereafter collectively called the "Restrictions"), are hereby

established and adopted to. apply uniformly to the use, occu

pancy and conveyance of all of the lots in the Subdivision.

The Restrictions may be incorporated to the same extent as

though set forth in full in any contract of sale, deed, lease

u

or other transfer of any interest in any lot in the Subdivision

by reference to this instrument; and every contract of sale,

deed, lease, or other transfer of any interest hereafter

executed with regard to any lot in the Subdivision shall be

conclusively, deemed to have been executed, delivered and accepted

subject, to the following Restrictions, even if the Restrictions

are not set out. in full and are not incorporated by reference

in such contract of saie, deed, lease or other transfer of any

interest in any such lot:

c.

,.(1) Each lot shall be used only for single family• residential purposes. The term "residential

purposed" excludes, .without limitation, hospitals,^.inics, duplex houses, apartment houses, garageapartments, hotels and excludes commercial andprofessional uses whether from homes, residencesor,otherwise, but Includes any rental of a

single family dwelling to a single family at anyI) time and for such period of time as any Owner •— of a lot deems desirable. No building, other

than a single family residential dwelling

designated constructed for use by a single

family with such garages and other structures as

may be suitable for use by a single family,

shall be erected, placed, altered or permittedto,remain on any lot.

(2) No structure of any type shall be constructed,placed or altered on any lot until a building

permit has been issued for such structure by

the Sea Isle Improvement Committee as herein

defined. The standards for approval for such

atructure will be in compliance with these

restrictions, qualif.y of materials and workman

ship, the external design in relation to existing

structures and the location with respect to

topography of the property. Structure as used •

herein shall be held to include buildings, fences,

boat houses^, docks, piers, house trailers, walls,

swimming pools, playground equipment and outdoor

cooking or eating facilities of a permanent

nature'. The Sea Isle Improvement Committee

may require a reasonable fee for performing the

functions of this paragraph and may refuse to

issue such a building permit for failure to pay

, - " such fee."

• • • .;-3- DEED OF TRUST""

OF TRUST

(3) The ground floor area of all.residences, exclusive of open porches and garages, shall not

- be-less than 900 square feet.

(4) All elevated structures built on pilings or

other types of elevated foundations shall be

designed so that the foundation wiil be beautiful

in a manner to maintain standards set by the

Sea Isle Improvement Committee. Above ground

.butane tanks must be screened from'public view

by planting or decorative fence or screen in a

manner approved by the Sea Isle Improvement

Committee. I

(5) All storm blinds must be painted to match the

house color or unpainted in the case of an

unpainted house.

(6) Building Lines.

(a) Fpr purposes of. establishing.the restric

ts',, tlons regarding Building Lines for Section

, : 21, the term "front side" or "front" ofa lot or parcel is the Gulf of Mexico side

/ of the lot .or parcel. '

(b) On each of lots #1, #2 and #3 in Section21, no building, shall be located nearer

than twenty (20) feet to the rear line,

and no building shall be located nearer

than ten (10) feet to either side line.

(c) On each of lots #4,. #9, #14, #19, #24, .#29, #34 and #39 of.Section 21, thebuilder must build ,to within ten (10)feet of the West line, but not nearer than

ten (10) feet to the Eas,t line, nor nearer

than thirty (30) feet to the rear line.

(d) On each of lots #8, #13, #18, #23, i@$,#33, #38 and #43 of Section 21, the buildermust build to within ten (10) feet of.the

East line, but not nearer than ten (10)feet to the West line, nor nearer than

thirty (30) feet to the rear line.

(e) On each-of lots #5, #15, #25 and #35 of "Section 21, the builder must build within

a rectangle fifteen (15) .feet from thefront and rear lines and thirty (30)feet from each side.-line.

- 9 -

(f) On each of lots #6, #7, #16, #17, #26, #27,* #36 and #37 of Section 21, the builder

muot "build within a rectangle twenty. (20)

feet from the front and rear lines and ten

(10) feet from each side line.

(g) On each of lots #10, #20i #30 and #40 ofSection 21, the builder must build to within

ten (10) feet of the West line, but not nearer. than ten (10) feet to the East line, nor. nearer

than twenty (20) feet to the front or rear lines.

(h) On each of lots #12, #22, #32 and #42 ofSection 21, the builder must build to within

. ten (10) feet of the East line, but not nearer' than ten (10).feet to the West line, nor nearer

than twenty (20) feet to the front or rear lines.

(i) On each of lots #11, #21, #31 and #4l ofSection 21, the builder must build within a

rectangle fifteen (15) feet from the front" and rear lineB and thirty (30) feet from

each side line.

The Jfaprovement Committee, in its sole dis

cretion, is hereby permitted to approve

deviations in building lines in Instances,

^here, In its discretion, such deviation will

result in a more commonly beneficial use. Such

approval must be granted in writing and filed

of record and when'so given arid filed, will

become a part of these,Restrictions.

(7) No noxious or offensive activity shall be carriedon upon any lot, nor shall anything be.done

thereon which may be or may become an- annoyance

or a nuisance to the neighborhood.

(8) No animals, livestock or poultry of any kind shallbe raised, bred, or kept on ajiy lot, except that

. dogs and cats (not to exceed two of each category)may'b.e kept, provided they are not kept,.bred, or

maintained for any commercial purposes, but only for

the use and pleasure of the owners of such lots.

(9)- No residential dwelling shall be occupied unless toiletfacilities are installed inside such dwelling and ' '

are connected to and use only the central sanitary

sewer system in the Subdivision. No septic tanks,

outdoor toilets, cesspoolo or individual disposal sys

tems shall be constructed or used within the Subdivision.

(10) Each lot which is served by a private drivewayconstructed over a drainage ditch.or drainage way

shall.have open drainage under such drivewaywith a net drainage opening area of sufficient

M ' size to permit the free flow of water without

back water, and shall be a minimum of 18-inch „ ■

. 10 - 0EE0 OF

(11) ?L?TfS °r occuPanfcs of all lots in thisSubdivision shall at all times keep all weedsand grass thereon cut in a sanitary, healthful

■ and attractive manner, and shall in no eventuse any lot for storage of material and equipment except for normal residential requirementsor permit the accumulation of garbage trash or'

J2au?t °f X* kind thereOn' "nthfevrof°rdefault on the part of the owner or occupantof any lot in the Subdivision in observingtheabove requirements, or any of tnem, jZllL ■and any of its employees, agents, or representatives, may, without liability to the owner or

^^Sr?1" tre8 " ?upon said lot, cut or cau^ to bec£ ^weeds and grass, and remove or cause to beremoved, such garbage, trash, rubbish, etc.so a* to.piace said lot in a neat, attractive,faithful and sanitary condition, may bill forthe,cost of such work either the owner or

■ occupant of such lot. The owner or occupant. as hecase may be, agrees by the purchase or

occupation of any lot in the Subdivision to paysuch statement immediately upon receipt thereof.

(12) No sign, advertisement, billboard, or advertising "structure of any kind may be erected or maintained on any residential lot without theconsent in writing of the Sea Isle 'Improvement

Committee. Jamaica or members of the Committeeshall have the right-to remove W such signadvertisement, or billboard or structure whichis placed on any residential lot without -suchconsent, and in so doing, shall not be liableand is expressly relieved from any liability 'for trespass or other sort in connection therewithor arising from such removal. wrawxun,

(13) No boats, boat trailers, or boat rigging shall. ever be parked or placed (except temporarily)

nearer to the street than the building set-babklines. The parking of automotive vehicles onroad shoulders for a period longer than twelvehours is prohibited.

(14) The digging of dirt or the removal of any dirt•from any lot is expressly prohibited, exceptwhen necessary in conjunction with landscapingof such lot, or in conjunction with constructionbeing done on such lot, but no fill materialwhich will change the grade of a lot shall be

-. 11 -

>—/ placed thereon without the .approval in writing

of the S'ea Isle Improvement Committee.

^15) • All residences and other buildings must be kept

in good repair, and must be painted when necessary

to preserve the attractiveness thereof.

(16) All hunting rights on the property constituting

the Subdivision are retained by Jamaica, its

successors and assigns, and without the- express

written permission from Jamaica, its successors

and assigns, or its duly, authorized agents,

.purchasers of lots, their heirs, successors and (

assigns, shall- not have the right to hunt on

or frpm any property in the Subdivision, or

from any other property of Jamaica or from any

of the iBlands now owned by Jamaica or which

may hereafter be constructed for or by Jamaica,

its successors or assigns, and which islands

• are, or may be located in West Bay,

(17). -If'.at any time a purchaser of a lot, his heirs

*V(successors) or assigns, should desire to sellthe property purchased, or any part thereof,

the same shall first be offered to Jamaica,

its successors or assigns, which shall have the

right to purchase the same at the price thepurchaser, his heirs (successors) or assigns

can sell such property for; .and if Jamaica,

its successors or assigns, fail or refuse to

exercise said option within ninety (90) daysthereafter, said option shall become null and

.void as to such particular sale set forth insuch notice; provided, however, that it is

understood and agreed that said ninety (90)days' option shall extend from and after the

date Jamaica, its successors or assigns, are

notified by the purchaser, his heirs (successors)or assigns, of the price for which said property

can be sold.

(18) The Sea Isle Improvement Committee shall be

composed initially of:

Walter Grover;

William Jerome; and,

Jack Wilson.

After an aggregate of seventy-five percent of

the lota in the Subdivision has been conveyed

by deed from Jamaica, the then owners may

appoint a committee composed of three to five

members owning lots in Sea Isle to replace the

- 12 - peed of trust

' '1998 pail 677

• DEED CF TRUST

u •"•.•••"■membership of the initial'committee, or the

members or remaining member or members of the

. initial Committee may, in its discretion,

before said seventy-five percent of the lots

have been so conveyed by deed, fill vacancies

on the Committee, which Committee shall never,

have less than three nor more than, five members.

As used herein, "Sea Isle" shall mean the.Subdivision and all other subdivisions heretofore

or hereafter subdivided and designated as

numbered sections of "Sea Iole" according toa. map or plat filed in the Plat or Map Records

- of Galveston County, Texas, and which are

situated on Galveston Island, Galveston County,

Texas, but excluding lots, tracts or parcels

of land which were recited as.owned by Jamaica

in those Reservations and-Restrictions executed

the 22nd day of May, 1968, and found in Book1968, Pages 835-842 of the Deed of .Trust Records

of the County of Galveston, State of Texas,

and excluding those lots which the previous

&,. owner of Sea Isle (as referred to in thoseReservations and Restrictions filed in the

Deed of Trust Records for the County of Galveston

at. Book 1968, Pages 835-842) had contracted to

sell or had sold, as described in those Reserva

tions and Restrictions. Each owner shall be .

entitled to one vote for each lot to which he

then holds record title. •

(.19) After said aggregate of seventy-five percent of

the lots of Jamaica has been so conveyed by deed,

then, either on motion of the Sea Isle Improve

ment Committee, or ln^ the event ten or moreiot owners so request, the Sea Isle Improvement

Committee may arrange for the initial election

of the members of the Committee to replace those

named herein.. At any time after one year from

the next preceding election, the Committeemay arrange for any election for the removal

or replacement of Committee members—either in

its own discretion^ or when so requested in

writing by ten or more lot owners. The initialelection or any subsequent election shall be

governed by the following rules: .

Written-notice of such election, given by actual

notice or by addressing such notice by mail tothe last known address of each addressee at

•least two weeks prior to such election, shallbe given to each of the then lot owners in Sea.

Isle. Certification as to the mailing of suchnotices shall be deemed" to be sufficient under

- 13 -

mmember or members 7til ££&*

regarding the Subdivlaion:

in the ^^restfl of the

1 the

(b) Enforce.these covenants and restrictions

nT£*** P?0C?edln8S <bufc tS^not be exclusive and may also'beexercised by any lot owner in .Sea Isle).

(e) ^Enforce any lieh imposed on any part of

of anfoftiSi°n by PeaBOn °f th* vlo^"onof any of these covenants or restrictionsor by reason of failure to pay the maintenance

. charges herein provided; and to execute arelease of such lien upon performance.

(21) Each lot in the Subdivision conveyed by Jamaica "Its successors or assigns, is hereby subjected

iLl^ yt&r ln advailce beginning January 1,1969, to Seaway Boat Club, Inc., at its officein Houston, Texas, and said-charge . •and lien are hereby assigned to said Boat Club.The -maintenance charge for a lot' purchased 'during a calendar year shall be- prorated ih theproportion that the remaining months in the yearbear to the whole year. Payment of said annualmaintenance charge shall be due and payableby the legal record owner of said lot on January lof each calendar year, any subsequent transferof-said lot without payment of said maintenancecharge when due shall constitute a lien for thatamount plus a delinquency charge as hereinafterprovided.. • " •

p

provided..

DEED OP TRUST

l»00d998 PAH! 679

Cf jEiJ.$T

Interest q,t the rate of ten >(1O#) percent per

- annum shall be added to any'charges.that are.

more than ten days delinquent.

Funds arising from said charge shall be applied,

so far as sufficient, toward the payment of

maintenance expenses incurred from any or all of

the following purposes: lighting, improving and

maintaining the streets, sidewalks, paths,

canals, parks, parkways, esplanades, area

between curb and sidewalk; collecting and

disposing of garbage, ashes, rubbish and the

.like in said areas; and doipg any other thing

necessary or desirable in the opinion of said

Boat ClVib to keep the property neat and in good

order, or which it considers of general benefit

to the owners or occupants of the addition, itbeing understood that the judgment of said

committee in the expenditire of sa^d' fund

shall be final so long as such judgment isexercised in good faith.

/ sttch maintenance charge shall extend for a period1/ of twenty-five years from January 1, 1969, and I/ 'shall be extended automatically for successive j

• " ' / periods of ten years unless the then owners of // a majority o'f the lots in the entire__addition '/ vote to discontinue such charge, .such action to // be evidenced by instrument, signed and acknowledged/ by the owners of a majority of the lots andI .recorded in the Deed Records of Galvestonj '. County, Texas. By acceptance of his deed or\ contract of sale each purchaser agrees" and '/\ consents to and joins in such maintenance /\ charge. • ' . ''

(22) The Sea Isle Improvement Committee shall have

the power to approve or reject plans and

specifications for improvements to be erected

in Sea Isle. All plans and specifications

for all improvements must be submitted to the

Committee for approval prior to the commence

ment of construction of any such improvement.

If the Committee fails to act within thirty days

after submission to it of plans and specifica

tions, construction in accordance with these

restrictions may begin.

(23) The bulkheading on any beach or any lot shall

not be breached for any purpose without first

having obtained the written approval of the

Sea Isle Improvement Committee and Jamaica or

if any other entity or governmental agency main

tains such bulkheading,. written approval of the

. - 15 -

Committee*, shall be sufficient. No docks,piers, boathouses or any structures shall be

constructed into the Gulf of Mexico without

written approval of the Committee and Jamaica,

or if any other entity or governmental agency

maintains the bulkheading on the beaches, approval

•of such entity or governmental agency, together

with the written approval of the Committee .

shall be. sufficient. ' ■ •

(24) No residential dwelling shall be occupied unless

the residence is connected to the central water _

system in the Subdivision. The drilling of any

individual water wells on any lot shall not be

permitted.

(25) Underground electric service may be available

to lots In the Subdivision. If such serviceis made available to a lot .and an Owner of such

lot desires to use such service,, such Owner shall,

at tils own cost, furnish, install, own and

Maintain (all in accordance with the requirements of local governing authorities and the

National Electric Code) the underground service

cable and appurtenances from the point of the' el'ectric company's metering on such Owner's

structure to the point of attachment at the

electric company's energized secondary junction

boxes, said point of attachment to be made

available by the electric company at a point

designated by the electric company at theproperty line of each lot. The electric company

furnishing service shall make the necessary

electric connections at said point of attachment and at the meter. In addition, such Owner

shall, at his own cost, furnish, install, own

and maintain a meter loop,(in accordance with

the then current standards and specifications

of the electric company furnishing service)for the location and installation of the meter

of the electric company furnishing serviceto the residence constructed on such Owner's

lot. For so long as underground service ismaintained, the electric service to each lotshall be uniform and exclusively of the type .

: known as single phase,'120/240 volt, 3 wire,60 cycle tLlternating current.

(26) These covenants and restrictions shall run with. the land, and.shall be binding on all parties

and all persons claiming under them for a periodof twenty-five years from the date thesecovenants are recorded in the office of theCounty Clerk of Galveston County, Texas, after

- 16 - . ^C£D °f-" TRUST

.The invalidity, violation," abandonment or waiver of

any one or more of or any. part of the Restrictions shall in

no wise affect, or impair the remaining Restrictions or parts

thereof which ^li remain in full'force, and effect.

1104 Corporation, the only lienholder on the property

within the Subdivision, does hereby .Join Jamaica and make,

adopt and establish the foregoing Reservations and' Restrictions

(including without limitation reservations, restrictions,

declarations, easements, limitations, charges, liens,.agree- '

ments, covenants, conditions, preferential purchase rights and

stipulations) as heretofore set forth'as applicable to the

property in the Subdivision.

EXECUTED as of this the ji^T dav of Yl' ", 0 )■ ■aLL™.— aay or //t^^^Jl^fj

1968.

1* ■ "■••.

JAMAICA RESOSp-^RpDRftqiTON

i?«.o-/.Secretar

- 17 -

11 structures will either be designed by a Professional Engineer, registered in the

itatc of Texas, to meet horizontal windlond criteria to 120 mpli as set forth in Section^205 of the Standard Building Code, or built specifically to the following standards:

1. (a) Approved metal strap anchors will be used to secure ra'fters or joists,- or bothtop plates and top and bottom plates to studs- in exterior walls in order co

■provide a continuous tie from foundation to foof. These anchors shall be installed at every third stud or a cenler-tOTcenter distance of 48 inches, uhich-

ever is less, or as per manufacturers recommendations.

(b) Ml bottom plates shall be continuous. The break, if required, shall beprovided under the wall stud or an anchor bolt shall be.provided to assure

continuity of bottom plate."

.'■ "■" (c) All wood truss rafters shall be secureiy fastened to the exterior walls with■'■'•'"' approved metal anchors. • •' •.'.''

■ "» ■ yi ■•• . .,... ■ • • •. • # .

'" "■■(d) All ceiling joists and rafters shall be installed in such a manner that the• • -. joiscs provide a continuous tie across the rafters. Ceiling joists and rafters

shall be securely fastened at their intersections.

■•■■•; .•.•.:•• •'...*'<;* ■ ■ ' ""■'.(c) Floor joists shall be attached 'to girders and band joists in a nuinner approved

by the Building Official. • ". ~\

(f) Maximum wall stud spacing in wood framed construction shall be 16 inches center'-,

to-center. ■. •- " • ',• '•'•'••■ ' ■ i

•'■• (e) For all the structures, more than two stories-above the supporting beam, the*•'• - design wind pressure shall be for 120 mph wind velocity, as set forth in Section

' '■ 1205 of the Standard Building Code. . . ,

.••'(h) Roof to wall and wall to foundation tie downs for heavy timber construction (as' "defined in Texas C.B.S.) and masonry construction, shall be in a manner approved

by the Building/Official. :. • • . • •' " *•"

2 Pilinc depth: riUngXmin. 8x8) shall ei'tKer be installed below grade to depth equal'• to height above natural grade on the beach si-do of highway 3005 and 6' below grade

on the%ay side, or be certified by the seal and-signature of a Professional imsxnt:e

as meeting all load criteria of the Standard Building Code 19S2 as amended. ..

3 Crade level enclosures in V & A-ll zones shnll be of breakaway construction, sh.illbe for storage use only, and shall not exceed 300 square feet in area. ..

It. Appendix A - Figure A-l Number of piles required. * .. ..■.-'.'•

• r s -■■ • •

1104 C0RE6RAh?ION

ATTEST:

THE STATE OF TEJCAS $ •

COUNTY OF HARRIS1 } . " .

BEFOREfME, the undersigned, authority, on this daypersonally appeared Jack E. Wilson, President of JAMAICA RESORT

CORPORATION, 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 JAMAICA RESORT

CORPORATION, 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 OP OFFJCE this the

day of y7rv-A^nJut^y , 1968.

Notary Public in and for

Harris County, T.E X A S

DEED OF TRUST

- 18 -

71330OF TRUST '

op

com** o, galvbston22

■ " WHEREAS, JAMAICA RESORT COITION (hereinafter call"ed ">-io.">, a'Texas corporation, is the Wner of an fchafc certalfl

8.13 acre tract of land out of the Hall and Jones Survey '

Oalve-ston Island, in Galveston County, TeJcafe, a 8ubdlvJon . /

deaignatedas Sea Isle, Section 22 according to the map or '

Plat thereof being" filed with the County Clerk of OaivestonCounty, Texas; and, • ' " • ' .

WHEREAS, Jamaica desires the development of its property •

to be for the mutual benefit and pleasure of the present and

future property owners in such subdivision and to protect the

property values therein by imposing upon and against all of the

lots therein the reservations, restrictions and other provisions

hereinafter .set forth. ■ . ' -

NOW, THEREFORE, KMOW ALL MBH Si THESE PRESENTS, that'

JAMAICA RESORT CORPORATION does hereby make, adopt and establish

the reservations, restrictions and other provisions (Including

without limitation reservations, restrictions, declarations, • .

easements, limitations, charge's, liens, agreements,- covenants,

conditions, preferential purchase rights and stipulations)

hereinafter set forth as applicable to said lots in Sea Isle,

Section 22, a subdivision on Galveston Island, Galveston County,

Texas, according to the map vr plat being filed in the office

of the County Clerk of Galvjaton County, Texas (hereinafter

called the "Subdivision"). Said map or plat has-been duly

authenticated with proper certificates dedicating only the use *

of the streets shown thereon to the public for ordinary roadway

' purposes, subject to the reservations, restrictions and other

provisions herein contained to the same extent" as though copied

at length in said dedication certificate, and said map or

plat Is subject only \o such minor changes,- as, in the Judgment

of Jamaica, are necessitated by the efficient installation

of improvements.

RESERVATIONS

In J3o' authenticating .said map or plat for record

and in so dedicating the use of the streets (whether such streets'

are referred to as drives, avenues, roads, lanes, ways, boule-

vards,or streets) as shown thereon to the public for ordinary

roadway purposes only, there was reserved and there is hereby express

ly reserved in Jamaica the following rights, titles and easements'

(hereinafter collectively called the "Reservations"). The

Reservations, ptay be incorporated to the same extent as if set

forth in full in any contract of aale, deed, lease or other trans

fer of any interest in any property in the Subdivision by reference

to this instrument* and every contract of sale, deed, lease

or other transfer of any interest in any property in the

Subdivision shall be conclusively deemed to have been executed,

delivered and accepted subject to the following Reservations,

DEED OF TRUST I

. ■ DEED Cr.TRUST

- ' .. • • 600x1098 p«e

even if the Reservations are not set out in full and are not

incorporated by reference in such contract "of sale, deed lease

or other transfer of any interest in any such property:

(1) The legal and fee simple title in and to each and' all of said streets as shown on said map or

plat is hereby reserved in Jamaica, subject to

the limited dedication of the use of such streetsto the public for ordinary roadway purposea

■ . only.

(2) Jamaica reserves for Itself, its successors and-assigns, title in and to all water, sanitary'sewer, .storm sewer, drainage and gas pipes,

mains, conductors, and all appurtenances' theretoand all electric distribution, communication

*" and television lines, wires, cables, conduitsand all appurtenances thereto.heretofore or

hereafter constructed by Jamaica or Its agents

In all of said'streets In the Subdivision, togetherwith a perpetual easement to operate, maintain,

inspect, repair, reconstruct,- change the size

of and remove such pipes, mains, conductors,

* ' line's, wires, cables, conduits and appurtenancesthereto, as it or-they may from time to time •

desire. . '

(3) Jamaica reserves for itself, its successors and-

' assigns, a perpetual nonexclusive easement to lay,

3 construct, operate, maintain, inspect, repair,

reconstruct,, multiply, change the size of and

remove such water, sanitary sewer, storm sewer,

drainage and gas pipes, mains and conductors and

all appurtenances thereto pertinent to the.*

operation of waterworks, sanitary sewer, storm

sewer and drainage systems, and pertinent to the

operation of gas distribution systems and such

electric distribution, communication and tele

vision lines, wires', cables, conduits andappurtenances, thereto pertinent to the operationof electric distribution, communication and

television systems as. it or they may from time

to time desire, in, upon, along, under, over,

across and through all oi' said streets in the

• ' Subdivision. Such pipes, mains, conductors,lines, wires, cables, conduits and appurtenances

' shall be buried to such reasonable depth as

will not interfere with the use of the streets

for ordinary roadway

(4) Jamaica reserves for itself., its successors andassigns, perpetual ufciJ.-ltyi easements or rights-

of-way in!, uPon> oloag, under,. ove,x, across and

- 3 -

I

I

through the various ten (10) feet wide segmentseach of which is Individually BnOwn on theattached map or plat of the- Subdivision as"10- UTILITY EASBMEHT,1' to lay, construct,operate, maintain, inspect, reconstruct, multiuivchange the size of and remove such utilitylines and facilities (including without limitation of the generality thereof, water, sanitarysewer, storm sewer, drainage and gas pipes

mains, conductors and all appurtenances theretoand electric distribution, communication andtelevision lines, wires, cables', conduits, polestowers, props, guy&4 connections and all appur- 'tenanceu thereto),"as it or they may from timeto time desire. All utility easements hereby-reserved are easements ten (10) feet lnbreadth'

at and below normal ground level, and extendingupward to a plane twenty (20) feet above the

ground, and from said plane and upward, the

utility easements are unobstructed aerialeasements twenty (20) feet in breadth, extendingfive (5) feet In breadth adjacent to and onboth sides of the utility easements on each lotor parcel of land. All utility easements Includethe rights of ingress and egress thereto for the

. -exercise thereof and include the right to remove

from the utility easements all bushes, trees •

and parts thereof or any obstructions whatsoever

. which in the opinion of Jamaica or its successors

or assigns, endanger' or may interfere with the

, efficiency, safety or proper maintenance of the

utility lines and facilities. Neither Jamaica,

any utility company., nor any other successor or

assign, using the utility easements shalj. be

liable for any damage done by them or their

assigns, agents, employees or servants to .,shrubbery, trees or flowers or other property

situated in the part of a lot or parcel of land

convered by such utility easements. All utility

easements hereby- reserved shall be divisible

among two or more" owners.

Jamaica furMier reserves the exclusive right

to grant franchises and.easements to utility

companies to lay, construct,• operate, maintain,

Inspect, reconftritct, change the size of, multi

ply and remove such utility lines in such utility

. easements. Such utility easements are not

dedicated to the public in any manner.

In addition to the foregoing utility easements

'granted, a further utility easement is herebyreserved, if and when Jamaica shall provide.

' r

' ' DEEO OF TRUST "'

• - 4. mil<JQ8 m6£9

• \ DC ED CF. TRUST

underground utilities of

service on the residential structure.

, ' (5). Jamaica reserves for itself, its successors 'and assigns, a perpetual nonexclusive easementin, upon, along, under, over, across andthrough each lot or parcel of land in theSubdivision which is adjacent to the beacheslying along the Gulf, of Mexico, (in commtn with

' th\ZTBT °f My **Ch lob or P««l of i«d)to tW extent necessary to construct, operate 'maintain, inspect, repair, change the size o?'and reconstruct bulkheads located in whole orin part on such lots or parcels of. land for

r the purpose of maintaining and protecting thelots or. parcels, of land and the adjacent beach

. from erosion.

(6) Jamaica reserves for itself, its successors .and assigns/ all of the underground water andunderground water rights" in, on, under and that

- -may be recovered•from any lot or parcel of

land within the Subdivision exclusive of water[) rights in surface waters, but waives all rights '

of ingress and egress for the purpose of

exploring, developing, drilling, mining for

* and producing such underground water from any '"

* such lot or parcel "of land'and shall have theright to recover such underground water only •from any adjacent land.

(7) There are certain areas shown on the map orplat of the Subdivision designated "Walkway*."Jamaica hereby reserves and hereby conveys to

- Seaway Boat Club, Inc., a Texas non-profit

corporation., its: successors and assigns,

perpetual easements' and flghts-of-way in,

along, under, over, across and through each

area designated "Walkway" as shown on the map

or plat of tne Subdivision (in common with

the owners of the two lots abutting each of t •■

such walkways) to construct, operate, maintain,

. inspect and reconstruct a conmon walkway for

a passageway by foot for all licensees of

said corporation.

t

I

(8) There are certain areas shown on the map orplat of the Subdivision which are designated"Private Drive," each of which adjoins lbts"in the Subdivision. Jamaica hereby reservesthe private, drives with the benefit of theadjoining lots as a common driveway for ingressand egress connecting the adjoining lota a^dthe public streets"; provided, however, thatin common therewith Jamaica hereby reservesand. conveys to Seaway Boat Club, Inc. a

Texas non-profit corporation, its successors"and assigns, perpetual easements and'rights-of-way in, along, under, bve*v across andthrough the areas designated as "Private

Drive" on the map or plat of the Subdivisionto operate, maintain, repair and-reconstructthe private drive, or a part thereof,, as a

common passageway by foot for all licenseesof the said Corporation.

i \ The conveyance by Jamaica of any lot or parcel of ,

land in the Subdivision by contract of sale, deed, lease or

other Instrument transferring any Interest shall not in any

event be held or construed to include any of the .rights, titles

■ and easements heretofore reserved in any of the foregoing

paragraphs, nor the title to water, gas,, sanitary sewer, storm

sewer, drainage and gaB pipes, mains and conductors and all

appurtenances thereto and electric distribution, communication

.and television lines, wlrw, cables, conduits, poles.and all

appurtenances or any other utility or appurtenances thereto

constructed by Jamaica or Its agents, In, upon, along, under,

over, across or through such easements, such property, or any

part thereof, or such streets, to serve any. property within

or without the Subdivision. The right to sell and lease a-11

such rights, titles, easements, utilities and appurtenances is

expressly reserved in Jamaica, its successors, and assigns. The

foregoing reservations of rights and easements shall not,

however, obligate Jamaica to exercise any of such reserved •'

rights and easements.

rThe invalidity, abandonment or waiver of any one or

more of the foregoing Reservations, or any sentence, clause

or part thereof shall not affect the remaining Reservations or

sentences, clauses or parts thereof, which shall remain in

full force and effect. ■

. RESTRICTIONS

For the purpose of creating and, carrying out a uniform

plan for the parceling and sale of all lots in the Subdivision-

as a district set aside for suburban homes and the uses

ordinarily accessory thereto, the following restrictions,

including without limitation restrictions, declarations,

easements, limitations, chergesj liens,'agreements, covenants,

conditions, preferential purchase rights and stipulations

(hereafter collectively called the "Restrictions"), are hereby

established and adopted to apply uniformly to the use, occu

pancy and* conveyance jof all of the lots in the Subdivision.

The Restrictions may be inqorporated to the same extent as

though set forth In full In any contract of sale, deed, lease

I

I

•or other transferof any Interest In any lot m the Subdivision

by reference to this instrument; ana every! pontract of sale,

deed, lease, or other transfer of any interest hereafter

executed wit.h regard to any lot in the Subdivision shall be

conclusively deemed to have been executed, delivered and accepted

subject to the following Restrictions, even if the Restrictions

are not set out in full and are not incorporated by reference •

in such contract of.;sale, deed, lease or other transfer of- any

' interest in any such lot:

r(l) Each lot shall be used only for single familyresidential purposes. The term "residential

purposes" excludes, without limitation, hospitalscllnicg, duplex houses; apartment houses, garage 'apartments, hotels and-excludes commercial andprofessional uses whether from homes, residencesor otherwise, but includes any rental of- a

, single family dwelling to a Bingle family at any

I J . . time and for such period of time as any Owner •

^*-^ of a lot deems desirable. Nd building, other "■ . than a single family residential dwelling

designated constructed for use by a single

_. family with such garages and other structures as

_ may be suitable for use by a single family,

shall be erected, placed, altered or permitted

to remain on any lot. _,

(2) Mo structure of any type shall be constructad,placed or altered on any lot until a building

permit has been issued for Buch structure "by

the Sea Isle Improvement Committee as herein

defined. The (standards for approval for such

structure will be In compliance with these

restrictions, quality of materials and workman

ship, the external design in relation to existing

structures and the location with respect to

topography of-the property. Structure as used

herein shall be held to include buildings, fences,

boat houses, docks, piers, house trailers, walls,

" swimming pools, playground equipment and outdoor

cooking; or eating facilities of a permanent

nature. The Seii Isle. Improvement Committee

may require a reasonable fee for performing the

functions of this paragraph and may refuse to

issue such a building permit for failure to pay

.uch«e. . ;,. .

'

(3) . The ground floor area of

be less than. 900 square feeit?■• * »s

(4) All elevated structures built on nllW cSother types of elevated foundations shfii°h ^)designed so that the foundation will ^ \< '°°

5

approve. 6y ■» Sea ^ 5^2^"

r(6) Building lines.*

(a) Por purposes of establishing the restrictions regarding Building un.. fot SectJon

. 22, the term "front aide" or "front" of

Jf^ne^ofoTp^e^ ^ °' "^ 8lde.

builder, must build to -within ten

Jen o?? ?%Bt ^ bt "ten (10) feet, to the-Easthan thirty (30) feet to

Jen ho?? ?%Bt ^ bUt not-ier thanten (10) feet, to the-East line/nor nearerth thi () ^T^?

(c) On each of lots"#5, #io, #15, #20, #25,#30, #35 and #40 of Section 22, the builder

• must build to within ten <10) feot of theEast line, but not nearer than ten (10)feet to the West line, nor nearer thanthirty. (30) feet to the rear line.

(d) On each-of lots #2, #12, #22 and #32 ofSection 22, the.builder must build withina rectangle fifteen {15) feet from thefront and rear lines and thirty {30)feet from each side l^

- 9 -

o.

build within a rectangle twenty (eo) feetfrom the front and rear lines and ten floS 'feet from each side line:. •

(f) On each of lots #7, #17, #27 and #37 of Sec• • tion 22, the builder must build to within

ten (10) feet.of the West line, but notnearer than ten (10) feet to the Bast line,nor nearer than twenty (20) feet to the frontor.rear lines.

(g) to each of lots #9, #19, #29 and #39 of Section 22, the builder must build to within :ten (10) feet of the Bast line, but notTUtorer than ten (10) feet to the Westline, nor nearer than twenty (20) feet to';fche front or rear lines.- • .

- .. (h) On each of lots #8, #18, #28 and #38 of Section 22, the builder must build within arectangle fifteen (15) feet from the frontand rear lines and thirty (30) feet fromeach side- line. °

(i) The Improvement Committee, in.its sole dis-. -.. ^cretion, is hereby permitted to approve

deviations in building lines in instances, 1

where, In its discretion,, such deviation will

result in a more commonly-beneficial use. Suchapproval must be granted in writing and riled

of record and when so given and filed, will-

become a part of these Restrictions.

(7) No noxious or offensive- activity shall be .parriedon upon any lot, nor shall anything oe done

thereon which may be or may become an annoyance

or a nuisance to the neighborhood..

(8) Ho animals, livestock or poultry* of-any kindBhall be raised, .bred, or kept on any lot,

except that dogs and cats (not to exceed two of

each category) nay be kept, provided they arenot kept, bred-or maintained for any commercial

purposes, but only for the use and pleasure of

the owners of such lots. 1 |'

(9) No residential dwelling shall b.j occupied unless ^

* toilet facilities are Installed inside such § <=!

dwelling and are connected to an.d use only the }_>. n;

central sanitary sewer system ir. the Subdivision. C£2 °Ho septic tanks, outdoor toilets, cesspools or Sg %\individual disposal systems shall be constructed- _„ _.

or used within the Subdivision. S £?

. •;•■ CD t-i

(10) Each lot which 4s served by a private, driveway. ££j —>constructed over a drainage ditch or "drainage way-

shall have open- drainage under Much driveway

with a net drainage opening areu of sufficient

aize to permit 'the free flow of water withoutback water, and shall tre a minliuim of l8-inch

' '. ■ - 10 - • '' .'

,

grade. S

(11) The owners or occupants of all lots in this °^Subdivision shall at all times keep all weeds I

»nJ gi?" J?ere°n CUt ln a 8a^tary, health*ul CDand attractive manner, and shall in no event £2use any lot for .storage of material and equip- ^ment except for normal residential requirementsor permit the accumulation of garbage trash II'rubbiah of any kind thereon. 'In tht evenl oV 'default on the part of the owner or occupant •'of any lot in the"Subdivision in observing theabo*e requirements, or any of them, Jamaica •and any of its employees, agents, or representatives, may, without liability to the owner oror occupant, in trespass or otherwise, enterupon said lot, cut or cause to be cut, such 'weeds and grass, and remove or cause to be

removed, such garbage, trash, rubbish, etc.,

so as to place said, lot in a neat, attractivehealthful and -.sanitary condition, may bill for •the cost of such work either the owner or

occupant of such lot. The owner or occupant,

■ as-the case may- be, agrees by the purchase or

occupation of any lot in.'the Subdivision to pay'such statement immediately upon receipt thereof.

(12) Ho- sign, advertisement, billboard, or advertising' structure of any kind may be erected or main

tained on any residential lot without the

cohBent in writing- of the Sea Isle Improvement

Committee. Jamaica or members of the Committee

• shall have the right to remove any such sign,

advertisement, or billboard or structure which

is placed on any residential lot without such

consent, and in so doing, shall not be liable,

and is expressly relieved from any liability

for trespass or'other sort ln connection therewith,

or arising from such removal.

(13) No boats, boat trailers, or boat rigging shall

ever be parked or.placed (except temporarily)

nearer to the street than the building set-back ' n1•lines. The parking of automotive vehicles on

. road shoulders for .a period longer than twelve

hours is prohibited.

(14) The digging of dirt or the removal of any dirtfrom any lot. Is expresaly prohibited, except

when necessary ln conjunction with landscaping ■ •

of auch lot, or in conjunction-with construction

being done on such lot, but no fill material

which will cnange the grade of a l'q't shall be

placed thereon without the approval in writingof the Sea rsle Improvement.Committee.

(15) All residences and other buildings must be keptin good repair, and must be painted when neeHito preserve the attractiveness thereof? ******in good repair, and must be painted whto preserve the attractiveness thereof

(16) All hunting rights, on the property constitutingthe Subdivision are retained KjamUca ^ta *successors and assigns, and without the expresswritten permission from Jamaica, its succorsand assigns, or its duly authorized agentspurchasers of.lota/ their heirs, successors andassigns, shall nofhave the right to hunt onor- from any property in the Subdivision, or ■from any other property of Jamaica or from anyof, the islands now owned by Jamaica or whichmay hereafter be constructed for or by Jamaicaits successors or assigns, and which islands 'are, or may be located in WeBt Bay.

(17) If at any. time a purchaser of a lot, his heirs(successors) or assigns, should desire to sellthe property purchased, or any part thereof,

the same shall first be offered to Jamaica,. -its successors or assigns, which shall have the

right to purchase the same at the price the ,

purchaser, his heirs (successors) or assignscan sell such property for; and if. Jamaica,ltB -successors or assigns, fail or refuse to

e exercise said option within ninety (90) days

thereafter, said option shall become null and

void as to such particular sale set forth In

such notice; provided, however, that It is

understood and agreed that said ninety {90)days' option shall extend from and after the

date Jamaica, its successprs or assigns, are

notified by the purchaser, his heirs (successors)

or assigns, of the price for which said property

can be sold..

(18) The Sea Iile Improvement Committee shall be

composed initially of:

' Walter Grover;

William Jerome; and,

Jack Wilson.

After an aggregate of Beventy-flve percent of .

the lo'ts in the Subdivision has been conveyed

by deed from Jamaica, the then owners may

appoint a cdinm.lt.tee coimjosed of three to five

members owning lots in Sea Isle to replace the

.-»-

,

membership of the initial committee, or themembers or remaining member or members of theinitial Committee may, in its discretion,before said seventy-five percent of .the iota § Shave been so' cqriveyed by deed, fill vacancies £*■ **on the Committee, which Committee shall never cs chave less than three nor more than five members. ■ gg ?

. As used herein, "Sea Isle" shall mean the 1/ -Subdivision and. all other subdivisions heretofore 5 Ior hereafter- subdivided and designated as' CO <numbered sections of "Sea isleT according to " ££ "a map or plat tiled in the Plat or Map Records "of GalveBton County, Texas, and which aresituated on Galveston Island, GalveBton CountyTe*aa, but excluding lots, tracts or parcelsof land which were' reoited as owned by Jamaicain those Reservations and Restrictions executedthte 22nd day of Hay, 1968, and found in Book

1968, Pages 835-842 of the Deed of Trust Recordsof the County of Galveston, State of Texas,and excluding those lots which the previous

owner of Sea Isle (as referred to in thoseReservations and Restrictions filed in theDeed' of Trust Records fpr the County of Galvestonat Book .1968, Pages 835-842) had contracted toeffrll or had'sold, as described in those Reserva-tdons and Restrictions. Bach owner shall be ' ,entitled to one vote for each lot to which he

then holds record title. ' ■

(19)i After said aggregate of seventy-fiVe. percent of' the lots of Jamaica has been so-conveyed by deed,

. then, either on motion of the Sea Isle Improve

ment Committee, or in the event ten or -more

lot owners so request, the Sea Isle Improvement

Committee may arrange for the initial election

of the members of the Committee to replace those

.named herein. At any time after one year from

the next preceding election, 'the Committeemay arrange'fpr..any .election for the removal

or replacement of Committee members—either in

its own discretion, or when so requested In

writing by ten or more lot owners. The initial

election of any subsequent election shall be

governed by the following rules: . 1 it

t Written notice of such election, given by actual

notice or by addressing such notice by mall to

the last known address of each addressee at ■

least two weeks prior to such election, shall

be given to,each of the then lot' owners in Sea

Isle. . Certification as to the mailing of such ..notices shall be deemed to be sufficient under ■

' f'

.• * 13 -

then votingbetween fmember or members of the ComXttee. remainins

(20) The Seaway Boat Club, Ine * „«tion, with corporat^oSJcea a? S;PT" COI*ora-, th corporat^oSJcea a?ahall have tbeWowing powersregarding the Subdivisifn?

(a) Collect and

shall not be exclusive and nay also b5exercioed by any lot owner.in Sea lale).

(c) Enforce any lieh imposed on any part oftWa Subdivision by reason ofthe^L2tionof any of these covenants or restrictions,.or by. reason of failure to pay the maintenanceCharges herein providedj and to execute arelease of auch lien upon performance.

(21) Each lot in the .Subdivision conveyed by Jamaicaits successors or assigns, is hereby subjected

sixty dollars ($60.00) per year to .be set by theSeaway Boat Club, Inc., for the purpose' of areat-

^A**?J *° "e- tootm aslIftlntenance Fund, to bepaid by the owner of the lot, the same to be /secured by a vendor's lien upon said lot, andpayable annually on the first day of January

of each year in advance beginning January 1,

1969-, to Seaway Boat. Club, Inc., at its office• in Houston, Texas, and said'charge

and lien are. hereby assigned to said Boat Club*the maintenance charge for a lot purchasedduring a calendar year shall be prorated in the

proportion that the remaining months Iji the year ■ Ibear to the whole year. Payment of suid annual • 'maintenance charge shall be due and payable

. by the legal record owner of said lot on January 1

-of each calendar year; any subsequent transferof said lot without payment of said maintenance

charge when due shall constitute a lien for thatamount plus a delinquency charge as hereinafter

provided. '

-1ft-

U

Interest

atthe

rate

of

ten

(10*

)B

annum

shal

lbe

added

toanychafes

tuaf-

«more

than

ten

days

deli

nque

nt.

«»t.are

g_

Fund

sarisingfr

omsaid

charge

shal

l'h.

*"**N

sofar

assu

ffic

ient

,to

ward

thepaymenta??lled'

£§"

maintenance

expenses

incu

rred

fromany

or

allof

°°

""'the

foll

owin

gpu

rpos

es:

lighting,

impr

ovin

gaS

*^

main

tain

ing

the

stre

ets,

sideways,

p^ths

%?

cana

ls,

parks,

parkways

,es

plan

ades

/are

l'§

-between

curb

and

sidewalk;

collecting

and-

<=>

disposing

of

garbage,

ashes,

Cubbish

and

the

like

in

said

areas;

and

doing

anyother

thing.-

'

£!2aSf£?

des^able

*nthe

opinionof

said

Boat

Club

*>

Keep

,thepropertyneat

and

in.g6od

order,

orwhich

itconsiders

ofgeneralbenefit

to

the

owners

or

occupants

of

the

addition,

it

beingunderstood

that

the

Judgment

of

said

,.committee

in

the

expenditire

4ofsaid

fund

shall

be

final

so

long

as

such

Judgment

is

exercised

in

good

faith.

Suchmaintenance

charge

shall

extend

foraperiod

oftwenty-five

years

fromJanuary

1,1969,

End

shall

be,extended

automaticallyfor

successive

-•periods

of

tenyears

unless

thethen

owners

of

amajority

ofthe

lots

in

the

entire

addition

Uvote

to

discontinue

such

charge,

such

actionto

be

evidencedby

instrument

signed

and

acknowledged

by

the

owners

ofa

majority

of

the

lots

and

recorded

intheSeed

Records

of

Galveaton.

-*County,

Texas.

By

acceptance

ofhis

deed

or

contract

of

sale

eachpurchaser

agrees

and

consents

to

and

Joins

in

suchmaintenance

charge.

•"

■*

(22)

The

Sea

Isle

Improvement

Committee

shallhave

thepower

to

approve

or

rejectplans

and

specifications

for-Improvements

to

be

erected

inSea

Idle.

Allplans

and

specifications

for

all

improvements

mustbe

submitted

to

the

Committee

for

approvalprior

to

the

commence

ment

of

construction

of

any

such

Improvement.

If

the

Committee

fails

to

act

within

thirty

days

after

submissionto

it

ofplans

and

speciflea-

..tions,

construction

in

accordance

wi£h

these

•''

,-

restrictions

maybegin.

'•(23)

Thebulkheading

on

anybaach

or

any

lot

shall

not

be

breached

for

anypurpose

without

first

having

obtained

the

writ,tenapproval

of

the

'.

Sea

Isle

Improvement

C</jimittee

and

Jamaica

or

ifany

other

entity

or

governmental

agencymain

tains

suchbulkheadlng,-written

approval

of

the

.-'.15

-

Committee, shall be sufficient. Ho docks,piers, boathouses or any structures shall be

constructed into the Gulf of Mexico without

written approval of the Committee and Jamaica,

or if any other entity or governmental agency*maintains the bulfcheading on the beaches, approval

• of such entity or governmental agency, togetherwith the written approval of the Committeeshall be sufficient.

(24) No residential dwelling shali-be occupied unless -the residence is connected to the -central watersystem In the Subdivision.. The drilling of anyindividual water wells on any lot shall not bepermitted.

4

(25) Underground electric service may be availableto lots in the Subdivision. If such service

is made available to a lot and an Owner of such

lot desires to" use such service, such Owner shall,at his own cost, furnish, install, own and

maintain (all in accordance with the jequire-. merits of local governing authorities and the

National Electric Code) the underground servicecable and appurtenances from the point of the

* ''electric .company's metering on such Owner1s• ■ structure to the point of attachment at the '

electric company's energized secondary junction

-boxes, said point of attachment to be made

available by the electric company ait a point

' designated by the electric company at the

property line of each lot. The electric company

furnishing service shall make the necessary

■ electric connections at said point of attachment and at the meter. In addition, such Owner

shall, at his own cost, -furnish, install, iownand maintain a meter loop (in accordance with

the then current standards and .specifications

of the electric company furnishing service)for the location and installation of the meter

of the electric company furnishing service

to the residence constructed on such Owner's

.lot. For so long as underground service is

maintained, the electric service to. each lot (

shall be uniform and exclusively of the type

known as- single phase, 1R0/240 volt, 3 wire,

' 60 cycle alternating current.

"(26) These-covenants and restrictions shall run withthe land, and shall be binding on all parties

and all persons claiming under them for a period

of twenty-five yea;.'s from the date these

covenants'are recorded ip the office of the

County Cleric of GaLvestonJCounty, Texas, after

which time such covenantsautomatically for JS^

(27) iTs?tany. person^ persons iola?ing

. to violate any covenant or JXto restrain such violation o^prrooS vllitlinor to recover damages. Such enforcement Sy b°by the owner of tfny lot in the Subdivision?

The inv-alidity, violation, abandonment or waiver of

any one or more of or any part of the Restrictions snail in

no wiseraffeet or impair the.remaining Restrictions or parts

thereof which shall remain In full force and effect.

1104 Corporation, the only lienholder on the property

within the Subdivision, does hereby Join Jamaica and make,

adop-t arid establish the foregoing Reservations and Restrictions

(including without limitation reservations, restrictions,

declarations, easements, limitations, charges, liens, agree

ments, covenants, conditions, preferential purchase rights and

stipulations) as heretofore set forth as applicable to tlje

property in the Subdivision.

EXECUTED as of this the &/„£ day

1968. ■ ■'•'' •

JAMAICA RESORT CORPORATION

.. ATTE3T: •■'

rt-.sa7tsecretajey

• —»

SCO

I

sr

r. 17 r

u ■

ATTEST;^

;vSecre(^y l<4

THE STATE OF TEXAS J • . ' "

COUHTY OP HABRIS |

BEFORE HE, the undersigned authority, on this daypersonally appeared Jack E. Wilson, President of JAMAICA RESORT

CORPORATION, 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 JAMAICA RESORT

CORPORATION,., a corporation, and that he executed the same as the

act of such corporation, /or the purposes and consideration

therein expressed, and in the capacity therein stated.

GIVEN UNDER MT. HAND. AND SEAL OF OFFICE this the

day of yltMjLjf^Jw^/ , 1968. j

• Notary'Public In and for

Harris County, TEXAS

'if

wnw hVVVUUVTU/ -1J T3J

RESOLUTION

i

M Whereas, Sea Isle Holdings, L.P., their successor entity, duly authorized agent, and

(hereinafter referred to as "Declarant") is the owner ofthat certam tract oflaml situated m GalvestonCounty, Texas, which has been subdivided into one (1) section and known as Section 24 ofSEA ISLE, a

subdivision according to the map or plat thereofrecorded at 2005 A Map 175 rftlie Real Property RecordsofGalvcston County, Texas, and.

Whereas, Declarant, recognizing the critical need for having uniform Covenants,

Conditions, and specifying certain applicable restrictive covenants, casements, reservations, and conditionswhich run with and bind each and every lot in Section 24 ofthe SEA ISLE subdivision, hereby wishes toand does hereby adopt the existing Reservations and Restriction tor varies section (on file in Book1968, Page 835 ofthe Real Property Records ofGaKeston County, Texas, and attached hereto and

incorporated herein for all purposes) by adopting these uniform Covenant, Conditions, and Restrictions for

the entire Section 24 ofthe SEA ISLE subdivision, and

Whereas, Declarant hereby declares that the Common Areas and all ofthe Lots shall beheld, sold and conveyed subject to the attached easements, restrictions, reservations, covenants, and

conditions which are for the purpose tfprotecting the valueddesirability of, aiid which shall constimtecovenants running with the real property and be Wmfing <» all putics having arry righ^ title or mn^

the described properties or any part thereof, their heirs, successors and assigns, and shaU inure to thebenefit ofeach owner thereof and

subject to an assessed annualmaintenance fee in the amount reflected in the Amendment to By-Laws forSea Isle Property Owners, Inc. as approved and adopted by the Board of Directors for Sea Isle Property

Owners, Inc. (the "Association") on March 1,20O4, and on file under OAC 2004032471 at 020-39-0520through 020-39-0522 with the Real Property Records ofOalvcston County. Texas, and attached hereto and

( incorporated herein for all purposes, and

Whereas, Bank ofAmerica, N.A., the only present lienholder ofthe property comprising

Section 24 ofthe SEA ISLE subdivision, does herebyjoin Declarant to establish and adopt the attached

Reservations and Restrictions, (including without limitation all aforementioned and attached easements,restrictions, reservations, covenants, charges, conditions, stipulations, and including the annual

maintcnancfi.fafl as set forth herenrand as applicable to the property^nd lots contained in Secnorr24-of -the SEA ISLE subdivision, and

pwHon baesuts oi ttSi:te» copy, dtuolortd (»i»f(.tftoni ant ota«a» w> fcutrunum mg

to take whatever action and execute any documents) that may be necessaiy to d&cttfie application ofthe

s subdivision.

And let h be remembered this resolution was unanimously approved by all members of

Declarant at the special meeting held on the Z^day of December, 2005. adopted for all purposes, and madepart ofthe minutes ofthat meeting.

Sea Isle Holdings, L.P., Declarant

personally appeaitt William J. Ifennn, President

LJ>., a Texas Limited

consideratioa therein expressed, and in tho capacity therein stated.0

rd

^NATHALIE A. SANCHEZjBLICg*JLAjn NOTARY PUBLIC

lW#i STATE OF TEXAS« STAT

My Comm.Exp. 07-22-09

Nttoiy Public in and' Yfor the State ofTexas ^J

Bank ofAmerica, N.A.

By:

BEFORE ME, the undersigned authority on

_ tomethatthesamewastl«actcfthesaidBankofAinerica>N.A.,a™uu,the same as an act ofsuch entity for 0a purposes and consideration therein expressed, and in the capacity

GIVEN UNDERMY HAND AND SEAL OFOFFICE this It" day of

AMENDMENTTO BY LAWS FOR SEA ISLE PROPERTY OWNERS, INC.

THE STATE OF TEXAS

COUNTY OP OALVBSTONKNOWN ALL MEN BY THESE PRESENTS

WHEREAS, the original Articles of Incorporation for Seaway Boat Club, Inc having been filed With

the Texas Secretary of State on Jury 24, 1959 under Document Number 3553908, and said entity havingfiled a name change effective February 26,1973 with the Secretary of State did thereby lawfully assumethe name Sea Isle Property Owners, Inc, and

WHEREAS, the original By Laws for Sea Isle Property Owners, Inc vested with the Board ofDirectors the authority to impose an annual assessment fee constituting a restriction and reservation whichrun with and bind each respective lot in the subdivision for the establishment, operataon, and maintenanceof certain beach and recreational facilities and privileges, and

WHEREAS, the Board of Directors for the Sea Isle Property Owners, Inc, now recognizing thecritical need for an increase in annual assessment and maintenance fees, which have not been raised m 36

years, to (1) promote the recreation, health, safety, and welfare of the residents, and (2) address critical

budget deficiencies, hereby wish to modify said By Laws by inserting the following paragraph

Notwithstanding anything to the contrary contained herein or within the Reservations and

Restrictions ofSea Isle - Section 12, Section IS, Section 21, Section 22, and Section 23; BeginningJanuary 1,2004, each lot included in the subdivision shall be assessed a maximum annual

maintenance fee of one hundred dollars ($100.00). Beginning January 1,2005 each lot shall be

assessed a maximum annual maintenance fee of one hundred twenty five dollars (S12S.00). i

Beginning January 1,2006 each lot shall be assessed a maximum annual maintenance fee of one '

hundred fifty dollars ($150.00). It is thereafter expressly understood the Board ofDirectors mav

not increase the annnal maintenance fee more than five percent (5%) in any twelve (12) month

period. Each Owner ofany lot agrees to pay to the Sea ble Property Owners, Inc., or its nominee,the assessed annual maintenance fee for each lot annually on the first day of each year hereafter for

beach and recreational privileges, whether the same are exercised or not

as the first paragraph under ARTICLE SIX which presently reads

ARTICLE SIX

Members in good standing, together with (heir families and guests, shall have the right to use and

enjoy the recreational facilities built and maintained by the Sea Isle Property Owners, Inc Members not

020-39-0521

in good standing shall be denied the right to use such facilities The assessment provided in the deed,

I contract of sale, or applicable restnctions shall be due and payable whether such facilities are used or not,

(a) An annual meeting ofthe members shall be called by the directors ofthe Sea Isle Property jOwners, foe to elect directors for the terms which are expiring, to review the accomplishments onthe preceding year, to organize committees for the coming year, and to consider and discuss suchmatters as are brought before the meeting by the Board or members Special meetings may becalled by the President ofthe Board, or by members who have obtained in writing the consent ofmembers having not less than one-tenth ofthe votes entitled to be cast at such meeting

(b) Under the direction of the President, the Secretary, or the person calling the meeting, writtennotice ofthe time and place of such meeting shall be mailed to all members in good standing at

their last known address according to the records ofthe corporation, not less than ten nor morethan fifty days before such meeting date Meeting shall be held at such place in GalvestonCounty, Texas, as may be determined by the Board ofDirectors

(c) At any membership meeting, each member shall have one vote, regardless ofthe number oflotsthey own, but ownership of less than the equivalent ofa full lot shall not entitle the owner to avote, provided that owners of part interests in a lot, none ofwhom is otherwise entitled to anyvote, shall be entitled to one vote between them

(d) Twenty members shall constitute a quorum at a membership meeting

NOW THEREFORE, the Board of Directors for the Sea Isle Property Owners, Inc request a voteby all eligible corporation members to ADOPT, RATIFY, and CONFIRM this modification to the SeaIsle Property Owners, Inc 's By Laws pursuant to the procedures and requisite vote to modify requiredtherein

SEA ISLE PROPERTY OWNERS, INC

ATTEST

APPROVED THIS J_ DAY OF

President

200X1'

020-39-0522

NUMBER OF VOTES IN FAVOR

NUMBER OFrMEMBERfiJN

SECRETARY

/J'/

C^E

THE STATE OF TEXAS ][

COUNTY OFGALVESTON )[

BEFORE ME, the undersigned authority, on this day personally appeared3*re*k-'b'llliflfrt . known to me to bethe President ofthe Sea Isle Property Owners, lnc and whose name ts subscribed to die foregoing instrument, and

acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity

therein stated, and as the act and deed ofsaid coiporation

GIVEN underniy band and seal of office this

DanielL. Sandbk

, AitornkyatUw

Sll Snuxr, Sditb 102

Houston.Texas 77006

200t<f

FILED HOFFICIAL PUBLIC

n

RESERVATIONS AMD REaTKICTTOHa

THE STATB OP TEXAS

§COUHTY OP GALVESTOH §

WHEREAS, JAMAICA RESORT CORPORATIOM (hereinafter

referred to as "Jamaica"),. a Texas corporation, is the

owner of all lots, tracts or parcels of land described

; in Exhibit "A" attached hereto and hereby incorporated

by reference herein (and hereinafter referred to as

the "Sea Isle Lots") sane being out of Sea Isle, as

extended, a Subdivision in the Hall and Jones Survey,

Oalveston Island, Oalveston County, Texas, according to

various maps or plats thereof recorded in the appropriate

records of the County Clerk of Oalveston County, Texas

(hereinafter referred to as "Sea Isle"); and

WHEREAS, the previous owner of Sea Isle contracted

to sell, and did sell, lots therein according to speci-

fled reservations and restrictions; and

WHEREAS, Jamaica desires to contract to sell, and to

sell, the Sea Isle Lots according to the same reservations

and restrictions, and Farn &.Home Savings Association, a

• Missouri corporation, as the only lienholder on the Sea /"'..■' . ' .'• "Fin *n4 Hose Saving*" G<W

Isle Lots (hereinafter referred to as tesseocms&p*) and

Gibraltar Savings Association; a Texas sayings association

63367

. I

(hereinafter referred to as "Gibraltar") as purchaoer

under that certain Note Purchase Agreement entered Into

, 19^8 by and between•od

and

Gifflf-

Gibraltar wish to evidence their assent thereto;

do execute this instrument.

1.

Jamaica, for itself, and for the existlne and future

property owners in Sea Isle, does hereby make, adopt and

establish the following reservations., restrictions. and

other provisions set forth inExhlbit "B" attached hereto /

and hereby incorporated by reference herein applicable to

the Sea Isle Lots, subject to the right of Jamaica,, its

successors or assigns, to waive any of sane for any unsold

lot.or group of unsold lots only whori, in the opinion of

Jamaica, such waiver may be necessary or appropriate in

i order to effectuate the best development of the Sea IsleI i

I Lots as a resort development and the co-ordination of the

Sea Isle Lots with the existing Sea Isle development.

Unles 3.expressly so recited in the instrument of

conveyance no conveyance by Jamaica of any Interest in

any Sea Isle Lot or parcel thereof shall be construed as

• a waiver of any of the matters set forth in Exhibit "b",

or to include any of the rights, titles and easements

therein reserved, or a.4 a conveyance of the title to any

water, gas, sanitary sewer, storm sewer, drainage or gas

pipes, mains, conductors, electric distribution, communi

cation or television lines, wire3, cables, conduits,

H* ft;

jo r

I I

poles or any other utility or appurtenance thereto,

constructed by Jamaica or its agents in Sea Isle. Hie

right to sell and lease all such rights, titles, ease

ments, utilities and appurtenances is hereby expressly

reserved in Jamaica, its successors and .assigns; provided,

however, that the reservation of such rights and ease

ments shall not obligate Jamaica to exercise any of same.

3.

The invalidity, abandonment or waiver of all or any

part of any one or more of the provisions recited in

Exhibit "B" shall not affect any other provision or part

thereof, jail of which shall remain in full force and effect.

. 4.

The provisions set forth in Exhibit "B" maybe incorpo

rated to the same extent as though recited in full in any

subsequently executed contract for deed, deed, lease or

any other* instrument in which any Interest in any Sea Isle

tot is transferred merely by reference to this instrument,

and, unless expressly so provided to the contrary therein,

every contract for deed, deed, lease or other such instru

ment shall be conclusively deemed to have been executed,

delivered and accepted subject to the provisions of

Exhibit "B" even if same are not therein recited in full

or Incorporated by reference therein.

^UB^Farn and Hooa Saving!' JtaWBtaxtoigs and Gibraltar Join Jamaica herein for

the limited purpose of making, adopting and establishing

-3-

oi-

the foregoing reservations and restrictions iwr.in.bov.

aet forth applicable to the said lots.

EXECUTED as of this, the day of . lg68>

' '. 'y .?'•-- - • »*■«•

Secretary

JAMAICA RESORT CORPORATIOH

By ^—ijij,a.j>\ /\ J

..<r~ sider.t

FARM & HOME SAVIMOa ASSOCIATIOH

8SI?

. i ■. ■ ' i ,

;/«j ••■;■» Msum^X

..-' .://Oaio Secretary

President

GIBRALTAR SAVINGS ASSOpiATIOir

<s. President

THE STATE 6P TEXAS

COOHTY OP

BEFORE MB, thejindersigned authority, on this day per-Tti^?P^ed <Z«^.^X;.X.- .> Presidentof JAKAICA RESORT iSoHFORATIOH, a corporation, taOKn to me tooe the person and officor whpse name is subscribed to theforegoing instrument, and acknowledged to me that he executedthe same for the purposes and consideration therein expressed,in the capacity therein stated, and as the act and deed ofsaid corporatibn. •

ofunder my hand.and seal of office this -2.2/ dayc^ _, 1968.

\'hy.:^:r ■"'—'—frff

NOTARY PUBLIC IN AHD FOR

COUNTY, TEXAS

.11.

138 \

IBEFORE ME, the undersigned authority on thle day

Personally £ MJ

ia

>.' :■.' J%- w

is.1-1

• fir tax tmta jcovnaa n, jga

;o- *'*-..''

THE, STATE OF TEXAS

COUKTY OP HARRIS

BEFORE MB, the undersigned, authority, on this day

aubacribed Md offlcer

under- my hand and seal ofic , 1968.

;v'j '•./'■•- '

asstsa.

office this day

'A^

NOTAHY PUBLIC IH AND FORHARRIS COUNTY, TEXAS

Ka«t M* to d (, to* o^a,

-5-.. A :\r-t\ - _ .

'%?i?^ TRACT * The eurface only of Lota 609, 612.

, , _. _,.j 1447, 1453, 1454, 1456, 1461, 1463, 1467,''

a of Second Extension to Sea lale, a Subdivlalos in Galveaton •Toxaa, according to plat of aaid Bevialon of record to Vol. 254-A. Parai office of the County Clerk of Galvoaton County, Texaa. .

CO.

i-.l

o!

cz

The aurface only of Lota 1488, 1489, 1508, 1510, 1511, 1513.'"" '"* I"5' I5*'. 1529. 1530. 1532. 1534, 1535. 1536. 1537. "

1 to 1556, both Inclusive,

ilveeton Island, to Galveaton County, Texaa, according to plat of aald •:-recorded to Vol. 1616, Pago 18, to the office of the County Clerk of v*

. Texae. '■"•'*

753, 754, 774, 778, 779, 788, 791, 792. ^.. — ;a 876 to 889, both inclusive, Lota 1578, ■ ';

I to 1586, both todualve. Lota 1588, 1589, 1591; 1593, 1595, 1597 -'1. 1605, 1606, 1607, 1608, 1610, 1615. 1619. 1622, 1623, . '.'I of Sea lale, 4th Extonsion. a Subdivision to Section 12 of the '

, »f Galveaton Inland, to Galveaton County. Texaa, according H'.. -T aald Subdivialon recorded to Book 1616, Page 46. to tha office of the.':■';

■ Clerk of Galveaton County, Texaa. .-• v

™ACT ?!. Tn* aurfaco only of Lota 305 to 325, both inclusive. Lota 328 to 337, : -•both laclualve. Lota 339 to 347, both inclusive, Lota 355, 356, 357. 360, 361. 362, Vr

"I* lndualve, of Sea tale, 5th Extenelon, a Subdivialon to 'section 12 of the HaU and Jonea Survey of Galveaton Island, to Galveaton County,". ■.'■'rexat, according to tha map of laid Subdivialon recorded to Book 1616, Pago 83,' to \ ■1

i.MSl??' iTflflaCf<,!i'Th' '"f"8 onlV •' Lo«« 1882 to 1885. bothkWffiIrti, 3 ^f&.'i.if'L1^' 'I99*l901< 1901'»«».'■ -s-N-f-i-!} t i ' Olseal8le> oth Extension, a Subdivision in s,

'< *-•:<£&& Survey of Gilveaton Island, in Galveaton e» T-I vPare-?*!'K ■ map of said Suhdlviain- . j-j . — . .. . Vounty>

- -

& Jon"Surv*y"cu^^ wShiEXS™P °' -« Subdiyi.ton recorded to Book 16,6

*T Cl.rk of Galve.ton County, T^ '■ according to tho .;■".'..'•;

$£\rs?:zx£::;,ii6 *»v^?**« ■«-? »* »^^

i;:..;-7v»-.. 01 si

:?.7Ss3l*8'' la 8o<

:S?^S Zo^fJo^ ^o'SfTf "f^ °f U* 1696' L0U 1698 to 1701« bolh tadusive. :?$$r#-£rJ- h?''i703 to »"._bo* inclusive. Lots 1721 to 1746. both inclusive, of S« lital'^W

•V^-i:^ «"v

^^rTRACTI. _ ■ ■^■<'^>::- 1849 Ls r," 'TSft! y> ^^ 1818 t0 1M6« both taelu»'ve. Lot. 1848 and •:. ".

:■■•.%?-&*> I84'* °»S«»W«. 13th Extension, a Subdivision in Section 12 of the Hall and Jone. -;:%:Sj?g:r&1 ;U[,7u.7i""IO'lI'h"11 *" aaXv*aU>a County, Texas, according to the map of i'- !■•••:--Z??^ J? Subdivi.ion recorded in Book 1616, Pago 119, in the office of the County V-/.:#;«jXV Clerk of Galveaton County, Texas. • • • ■ -.•'.

TRACT J6i The surface only of Lots 1786 to 1789, both inclusive. Lots 1791 to1817, both inclusive, of Sea Isle, 14th Extension, a Subdivision in Section 12 of the "Hall and Jones Survey of Galvoston Island, in Calveston County. Toxa.. according '•dout'tJ^ °v '^ ***"■«« "corded in Bookl6l6. P.s. 121. In th. oHlco of the.County Clerk of Galveston County, Texas. - ■.",' ..,i .. ,.'•... • . '. . .

.'^ ■ EXHIBIT "A"''.%

•Mad U» land fe t»

ilium or com*

i la Una d«ilt.

.■:.'

;■«»r ocmpuiU br tht IniUlU-

-^-.j mJ thiU'b* la complUoc.onUnucM .iniUIUttoa o( Mptfc -

i-rSS??^^

:■>=

■•-?■.■ i

—- oa may caim| or dmt ai v

*=r«srStTSS?sS5aS=

^:^=f

ninio, iuccci>iv# owntr flr owntr*. shall #■« *l «■ ™*w«w •no upon the ctnTursnn of ut of ih* lan<l «f««»»iiu.4,P«7 Uw Grantor, tf| eait er fotur* #k>*«. .' -_!_■". . ■«qolnnj tltlf, bt btld *- •--— - -

^■"f?J»--jrratt==7^s

i:5iVof,/v:7-.«r

■;•;•:. i

m; »

or I

^r^-v.i.

Sa-f..

JUL.ag.iaE3 i

gfeRTRUD^ McKENNA

t

OF.EO OF TRUST!.: