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<br />e <br /> <br />e <br /> <br />Section 1. Existing Use Restrictions. The Deyelopment is and shall remain subject to <br />any general and special use restrictions set forth in any existing plat or restriction instrument <br />("Existing Restrictions"). Any termination, modification or other amendment (if any) of the <br />covenants, conditions and restrictions set forth in and eyidenced by the Existing Restrictions <br />shall be pursuant to and in accordance with the terms and provisions of such Existing <br />Restrictions; and any such termination, modification or other amendment of the Existing <br />Restrictions shall not terminate, amend, modify, alter or otherwise affect the terms and <br />provisions of this Declaration. This Declaration is not intended to be, and shall not be construed <br />or interpreted as, a termination, modification or amendment of the Existing Restrictions with <br />respect to all or any portion of the Deyelopment. <br /> <br />Section 2. No Oil, Gas or Mining Operations. No oil or natural gas drilling, oil or <br />natural gas deyelopment, or oil refining, quarrying or mining operations of any kind shall be <br />conducted on the sUIface of any portion of the Deyelopment; and no oil, natural gas or water <br />wells, tanks, tunnel, mineral excavations or shafts, and no derricks or other structures for use in <br />boring for oil, natural gas, minerals or water shall be erected, maintained or permitted <br />(temporarily or otherwise) in or upon any portion of the surface of the Deyelopment; proyided, <br />howeyer, that nothing in this Section 2 shall prevent (a) the Owner of any portion of the mineral <br />estate of any portion of the Deyelopment from (i) exploring for, developing and producing all <br />oil, gas or other minerals in, under and that may be produced from the Deyelopment by any <br />means or methods, including, without limitation, directional drilling, which does not require or <br />result in operations on the surface of the Deyelopment, and (ii) including all or any portion of <br />the Deyelopment in one or more "pooling" or unitization units for purposes of exploring for, <br />development or production of such oil, gas or other minerals; or (b) use of any portion of the <br />Deyelopment for water wells or water storage tanks for the purpose of public water service by a <br />municipal utility district or other governmental body or political subdivison. <br /> <br />Section 3. Animal Husbandry. No sheep, goats, horses, cattle, swine, poultry, <br />dangerous animals, snakes or liyestock of any kind shall eyer be kept on any part of the <br />Deyelopment; proyided, howeyer, dangerous animals shall exclude trained guard dogs kept in a <br />fenced area. No kennels or other establishments operating for the predominant purpose of <br />boarding, training or selling animals shall be operated on any part of the Development; proyided, <br />however, that yeterinary clinics or hospitals and pet stores shall not be prohibited. <br /> <br />Section 4. Trash and Rubbish. All trash, rubbish, garbage, manure or debris of any kind <br />shall be placed in sanitary refuse containers with tight fitting lids in an area adequately screened <br />by planting or fencing so as not to be seen from neighboring tracts or public or private streets. <br />Reasonable amounts of construction materials and equipment may be stored upon a tract for <br />reasonable periods of time during the construction of Improyements thereon. <br /> <br />Section 5. Additional Restrictions. Each Tract shall be subject to the proyisions of this <br />Declaration, the By-Laws and rules and regulations of the Association and the following <br /> <br />10 <br />