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Home My WebLink About1844 _ _ _ a . - thereto as way be hereafter brought within the -jurisdiction. of the Association. 5. "Common Area" shall mean all easements and the improvements thereon owned by the Association for the compwn use, benefit and enjoy- ment of the Uwners. The- Common Area to be owned. by the Association at. the time of the conveyance of the first lot is an easement over that property upon which the subdivision street is located as the same is - depicted upon the recorded subdisivion plat of the Properties. -The Common Area shall also include that fence and utility easement desig- Hated as such upon the recorded subdivision plat of the Properties. 6. "Lot" shall mean and refer to any plot of land shown as such - upon the recorded subdivision plat of the Properties with the exception of the Common Area. - - 7. "Restrictions" shall mean the covenants, conditions, agree- ments, provisions, easements and charges herein set forth. 8. The Declarant shall have the right to construe and interpret - these restrictions and if made in good faith, said construction or interpretation shall be final and binding as to all persons or property affected thereby. - 9. The restrictions herein set forth shall only be extinguished, terminated or modified as provided in paragraph-s 3 and 4 of Article VII i of this Declaration, and no change of conditions or circumstances shal l ~ operate to extinguish, terminate or otherwise modify any of these restrictions. ARTICLE II PROPERTY RIGHTS 1. Owners' Easements.' Every owner shall have an easement of ingress and egress and right of use and enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of every Lot, subject to the following provisions: a. Rules and regulations adopted by the Association governing of the Common Areas. b. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or . entity for such purposes .and subject to such conditions as may be 2 - X335 P~E1~3? P ~ - r: