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ARTICLE
IX
"Limit
on Units and Unit Designation"
1. There shall not exist more than 750 UNITS on the PROPERTY;
provided that if any of the UNITS subject to paragraph
3 of this Article IX are subdivided pursuant to the terms
of said provision so that said UNITS become two UNITS
they shall nevertheless be counted as one UNIT for purposes
of this limitation.
2.
Any OWNER other than DECLARANT who acquires more than
one LOT shall be deemed to have elected to have each LOT
treated as a separate UNIT for all purposes of this DECLARATION
unless the deed from DECLARANT to OWNER establishes the
number of UNITS as being less than the total number of
LOTS being conveyed or unless said OWNER makes an election
in writing filed with the ASSOCIATION and in the Real
Property Records of Cass County, Texas, electing to have
one or more LOTS owned by such OWNER designated as a single
UNIT. OWNER can make this election only with respect to
contiguous LOTS. If an OWNER elects to have more than
one contiguous LOT designated as a single UNIT for purposes
of this DECLARATION, the UNIT made up of two or more LOTS
shall be subject to one assessment as a UNIT and the OWNER
thereof shall have one vote for that UNIT regardless of
how many LOTS comprise the UNIT. However, by designating
more than one LOT as a single UNIT, the OWNER agrees that
that UNIT cannot thereafter be subdivided unless the tract
consists of five or more acres. The OWNER further agrees
that the LOTS making up the UNIT cannot be sold to separate
OWNERS but for all purposes thereafter all of the LOTS
comprising the UNIT must be treated and sold together
as if they were one LOT unless the UNIT consists of five
(5) or more acres. If an OWNER does not elect to treat
contiguous LOTS as a single UNIT, each LOT shall be a
UNIT and shall be subject to an assessment as provided
herein and the OWNER shall be entitled to one vote for
each such LOT. In the event the UNIT consists of five
(5) or more acres, it may be subdivided one time only
pursuant to the Article IX, Section 3, of the Declaration
of Covenants, Conditions and Restrictions of Eagle Landing,
Inc., as amended from time to time.
3.
Any UNIT consisting of five acres or more may be subdivided
into not more than two separate UNITS; provided that,
neither of the subdivided UNITS shall contain less than
one (1) acre. In order to subdivide a UNIT pursuant hereto,
the OWNER shall file a metes and bounds description or
a plat in the Real Property Records of Cass County, Texas,
setting out the boundaries of each subdivided UNIT and
shall also deliver a copy thereof to the ASSOCIATION.
After said subdivision, each subdivided UNIT shall be
considered to be a separate UNIT for all purposes hereof.
Each such UNIT shall be subject to separate assessment
and each such UNIT shall be entitled to one vote.
4.
Except for LOTS contiguous to the LAKE , DECLARANT agrees
that it will not create any LOTS on the PROPERTY which
are less than one acre.
5.
DECLARANT shall have the right to make such changes in
the boundaries, location, size and shape of LOTS as it
deems desirable; provided that, any such change shall
not affect the boundaries or beneficial use of any UNIT
conveyed to an OWNER and shall conform to all of the provisions
and requirements of this DECLARATION.
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