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SECTION 4. COMMON AREAS
The undersigned hereby dedicates for the common use and enjoyment of the
Owners the Common Areas and subject to the provisions of these Restrictive
Covenants, every Owner and every tenant of every Owner who resides on a
Tract, and each Individual who resides with either of them or who is a
guest of either of them, respectively, on such Tract shall have a right
and easement of use and enjoyment in and to the Common Areas and such
easement shall be appurtenant to and shall pass with the title to every
Tract; PROVIDED, HOWEVER, such easement shall not give such person the
right to make alternations, additions or improvements to the Common Areas.
The Developer shall convey the fee simple title to the Common Areas to the
Homeowners Association, free and clear of all encumbrances and liens other
than the lien of current taxes and assessments not in default and utility
easements and mineral interests outstanding and of record, prior to
January 1, 2002. The rights and easements of enjoyment created hereby
shall be subject to the right of the Association to suspend membership
rights for any period during which any assessment against a Tract remains
unpaid.
SECTION 5. RESTRICTIVE COVENANTS
1. Limitation on
Use.
All Tracts shall be used solely for residential and
agricultural purposes, including wildlife management as defined by the
Texas Tax Code and other applicable statutes subject to the limitations
and provisions of these Restrictive Covenants; including as herein
provided gastehaus and Bed and Breakfast. The residential use of Tracts
shall be limited to single family residential use except as otherwise
expressly provided herein. Home occupations as defined herein are
permissible uses. Only one permanent residence will be permitted on any
one Tract. Additional buildings, hereinafter referred to as a
gastehaus, shall be permitted.
No Tract shall be used for any commercial or
industrial purpose except for (a) permanent agricultural crops including
vineyards, fruit trees, pecan groves and permanent grass (hay meadows or
grazing pastures) and (b) a cottage industry by an artisan such as an
artist, photographer, wood, metal or glass sculptor.
any improvement within the Property may be commenced or substantially
altered without the prior submission of written building plans to and the
written approval of the Architectural Committee which approval shall
include the approval of the size, square footage and location of all
buildings and structures including without limitations the location of any
gastehaus, Bed and Breakfast and agricultural barns, buildings and
improvements. To obtain approval to do any of the work described herein an
Owner must submit an application to the Architectural Committee showing
the plans and specifications for the proposed work, which plans and
specifications shall detail the nature, shape, height, materials, colors
and location of the proposed work. The Architectural Committee shall
review applications for proposed work in order to (i) ensure conformity of
the proposal with these covenants, conditions and restrictions, and (ii)
ensure harmony of external design in relation to surrounding structures
and topography. An application
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