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2.2
Merger of Consolidation. Upon a merger or consolidation of the Association with another
association, the Association’s properties, rights and obligations may,
by operation of law, be transferred to another surviving or consolidated
association or, alternatively, the properties, rights and obligations
of another association may, by operation of law, be added to the property,
rights and obligations of the Association as a surviving corporation
pursuant to a merger. The surviving
or consolidated association may administer the covenants and restrictions
established by this Declaration within the Property together with the
covenants and restrictions established upon any other properties as
one scheme. No such merger or consolidation, however, shall
effect any revocation, change or addition to the covenants established
by this Declaration pertaining to the Property except as hereinafter
provided. ARTICLE III GENERAL RESTRICTIONS
All of the Property shall be owned,
held, encumbered, leased, used, occupied and enjoyed subject to the
following limitations and restrictions:
3.1
Single Family
Residential Construction. Except as provided below, no building shall be erected,
altered, placed or permitted to remain on any Tract other than one dwelling
unit per each Tract to be used for single family residential purposes.
Detached garages and work shops may not be constructed on the
Property prior to the main dwelling being built and workshops may only
be constructed or placed out of view of any road, and behind the intended
dwelling site. All structures
must be approved in writing by the Architectural Control Committee prior
to being erected, altered or placed on the property. The term “dwelling” does not include either
double wide or manufactured homes, or single wide mobile homes, or prefab
houses regardless of whether the same are placed upon permanent foundation,
and said homes are not permitted within the Subdivision. All dwellings must be built with new construction
materials. Any building, structure
or improvements commenced on any tract shall be completed as to the
exterior finish and appearance within six (6) months from the commencement
date.
3.2
Driveways and
Garages. All driveways shall be constructed of asphalt,
exposed aggregated finished
concrete, concrete, or brick pavers materials unless otherwise approved
in writing by the Architectural Control Committee. All garages, including detached garages, will
be of the same general construction as the main dwelling and located
on the tract according to the Committee approved building site plan. The Architectural Control Committee shall have
the absolute authority over the entrance location and siting of all
garages. All driveways and garages
must be shown on the plans submitted to the Architectural Control Committee
and approved prior to any action being taken.
3.3
Setback Requirements. All residences shall be set back at least Twenty (20) feet from the front
property line, five (5) feet from the side lot lines, ten (10) feet
from side street building setback line, and ten (10) feet from the rear
lot line.
3.4
Construction
of Improvements. No Improvements shall hereafter be constructed upon any
of the Property without the prior written approval of the Plans and
Specifications for the Improvement(s) by the Architectural Control Committee.
Anything herein to the contrary notwithstanding, in the case
of single family residences constructed on any Lot, the Architectural
Control Committee, in its sole discretion, may limit its review of specific
floor plans, and elevations, and upon the Architectural Control Committee’s
approval of such specific floor plans and elevations, residences may
be constructed with the approved floor plans and elevations without
the requirement of further review or approval by the Architectural Control
Committee.
3.5
Color. All exterior color
schemes on any structure must be approved by |
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