Eagle Landing Bylaws

ARTICLE IV
"Use & Designation of Commercial Areas"


1. DECLARANT may establish COMMERCIAL AREAS by designation on a plat or plats recorded in the PIat Records of Cass County, Texas or by the filing of a metes and bounds description thereof in said records designating the properly described as being a COMMERCIAL AREA. In addition, DECLARANT may establish a COMMERCIAL AREA at the intersection of Texas State Highway 155 and Texas Farm Road 161. which area shall not exceed fifteen (15) acres and further may establish a COMMERCIAL AREA of not to exceed ten (10) acres in the proximity of the existing hangar next to the airstrip, which COMMERCIAL AREA shall be limited to use for the development of hangars and/or storage of airplanes and other equipment, warehousing of personal property of OWNERS and operation of facilities designed to service the airstrip and persons and planes using the airstrip.

Further DECLARANT may establish COMMERCIAL AREAS on that portion of the PROPERTY not included on a plat; provided that, said COMMERCIAL AREAS shall not exceed five percent (5%) of the PROPERTY not in Phase I.

2. None of the COMMERCIAL AREAS may be used for light or heavy industrial purposes. Except for any COMMERCIAL AREA designated at the intersection of Texas State Highway 155 and Texas Farm Road 161, none of the COMMERCIAL AREAS, shall be used for a motel or hotel providing accommodation to overnight guests, or a dance hall, bar, or nightclub; provided that, COMMERCIAL AREAS may be used for a restaurant or eating facility whose primary purpose is the sale of food even though in conjunction therewith alcoholic beverages are served or are available.

3. All COMMERCIAL AREAS shall be subject to restrictions contained In Article Xl hereof except for Subsections 1 and 3 thereof.

No COMMERClAL OWNER and none of their customers, invitees or guests shall have a right to the use or enjoyment of the COMMON AREAS and COMMERCIAL OWNERS shall not be members of the ASSOCIATION nor shall the COMMERCIAL AREAS be subject to assessment by the ASSOCIATION. DECLARANT may change COMMERCIAL AREAS to RESlDENTIAL PROPERTY or to COMMON AREAS by filing a notice of such designation in the Real Property Records of Cass County, Texas, with said designation being irrevocable once made.

 

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