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We, Jim D. Collom and
wife, JoAnn Collom, being the owners of land in Sections 29 and 30,
Township 12 North, Range 13 West, Van Buren County, Arkansas, with the
expressed and due and proper concern for the buyers, the surrounding
communities, the ecological and environmental considerations and the
protection of each of these from the from the undesirable use of
residential property, have caused the following covenants to be executed.
PART 1.
AREA OF APPLICATION.
The covenants shall apply to all lands sold and located in the property
described in Exhibit “A” attached hereto, including that section of the
property designated as Holley Mountain Estates.
PART 2. LAND USE AND BUILDING TYPE.
Ecological and environmental factors shall be given important
consideration in the planning, and pursuant activity affecting this land.
No portion of this land shall be used except for residential purposes. No
buildings shall be erected, altered, placed or permitted to remain on this
land other than single-family dwellings, not to exceed two and one-half (2
1/2) stories in height, private garage, guest houses, servant’s quarters,
and other out buildings incidental to and related to residential use of
the premises. Airplane hangars are not to exceed 2 1/2 times the square
footage of the residence as described in Part 4 below.
PART 3.
ARCHITECTURAL CONTROL.
No building shall be erected or placed or altered on any portion of this
land until the construction plans and specifications and a plat showing
the location of the structures have been approved by the Architectural
Control Committee (A.C.C.) as to quality of workmanship and materials,
harmony of external design with existing structures, and as to location
with respect to topography, ecological, environmental and taxiway or
runway considerations. No pens or wall shall be erected, placed or altered
on this land nearer to any street that the minimum building set back line
unless approved by the Architectural Control Committee. This also includes
all structures intended to be used in confining animals and anything that
will restrict movement of aircraft during normal operations of taxing,
take offs, and landings.
PART
4. DWELLING SIZE AND QUALITY.
No dwelling shall be permitted on this land, the ground floor area of
which, exclusive of one story open porches and garages is less than 1, 800
square feet for one story. It is the intention and purpose of the covenant
to assure that all dwellings shall be of a quality of workmanship and
materials substantially the same or better than that which can be produced
on the date these covenants are recorded for the minimum permitted
dwelling size.
PART 5.
BUILDING LOCATION
No building shall be located on this land closer than 125 feet from the
centerline of the existing runway right of way. No building shall be
located within 20 feet of any of the property line. For purpose of this
covenant, eaves, steps and open porches shall be considered as a part of a
building.
Any and all out buildings must never be in front of any
residence, unless approved by the Architectural Committee.
PART 6. EASEMENTS.
Easements for installation and maintenance of utilities, drainage
facilities, and road/taxiways are hereby reserved and shall be 20 foot in
width adjacent to any right of way line of any taxiway and 30 foot in
width of any runway. Additional emergency easements are reserved adjacent
to the above easement along all property lines for temporary construction,
repair or maintenance of utilities, drainage facility and roads, taxiways,
and runways.
PART 7.
TEMPORARY STRUCTURES.
No structure of a temporary character, such as a mobile home (on wheels or
a permanent foundation), shacks, tents, basements, barns or storage
buildings, shall be used on this land at any time as a residence, either
temporarily or permanently, except as provided herein. Small barns or
storage buildings can be placed or constructed on the land for animal
shelter, for storage or household goods, lawn or garden equipment,
providing that said structure does not create an unsightly appearance or
detract from the neighborhood and conforms to those requirements contained
in part Number 5 above and approved by the Architectural Control
Committee.
PART 8. NUISANCES.
No noxious or offensive activity shall be carried on this land, nor shall
anything be done thereon which may be or become an annoyance or a nuisance
to the neighborhood. Parking and/or outside storage of dismantled, junked
or unlicensed motor vehicles or equipment is prohibited. Prior to the
period of construction, this land will be left in a state of repair which
is equal to or better than that which existed at the time of purchase.
It is also intended that this covenant apply to any
runoff from areas where livestock are kept, either as a result of the
natural water shed or one altered by any means or activity.
PART 9. SIGNS.
One professional sign shall be allowed on each lot, which identifies the
profession or occupation of the owner. No other signs may be displayed to
the public view on this land except one professional sign of not more than
two square feet, one sign of not more than five square feet advertising
the property for sale, or signs 8 square feet used by a builder to
advertise the property during the construction of sale period. This
restriction does not apply to signs used by Developer during the initial
sales.
PART 10. LIVESTOCK,
POULTRY AND WILDLIFE.
No animals, livestock, poultry or wildlife under domestic means shall be
raised, bred or kept on this land for any commercial purposes. Horses,
cows, sheep, or goats may be kept on this land in reasonable numbers.
Reasonable numbers for this purpose is generally
interpreted as not more than two animal units per acre of land. Cats,
dogs, and other household pets may be kept. Each dog will have a collar
with attached identification tag. All cats and dogs will have a tag
indicating a current rabies shot. In all cases, the applicable provisions
of Part 3 and Part 8 are applicable to this covenant.
PART 11. SIGHT
DISTANCE AT INTERSECTIONS.
No fence, wall, hedge shrub planting or other obstruction which restricts
sight lines or wing tip clearances shall be placed or be permitted to
remain on any land which has a roadway on two sides within the triangular
area formed by the roadway property lines and the line connecting them at
points 40 feet from the intersection of the roadway/taxiway/runway lines,
or in the case of rounded corners, property owners, from the intersection
of the roadway property lines extended. The same sight line restriction
limitations shall apply on this land within 20 feet from the intersection
of a roadway property line with the edge of a driveway, taxiway, or
runway. No tree shall be permitted to remain within such distances of such
intersections unless the foliage line is maintained at sufficient height
to prevent obstruction of the sight lines and wing tip clearance.
PART 12.
SANITATION.
Approval of the Van Buren County Health Department shall be obtained prior
to beginning construction of any improvements upon any property subject to
these covenants. Every well, spring or other ground or water supply, and
all appurtenances thereto, shall be located, constructed, drilled, and
tested as required by the statutes of the State of Arkansas and/or the
rules and regulations of the Arkansas State Board of Health. The siting of
ponds and dams will be subject to the approval of the Architectural
Control Committee.
Each dwelling and every accessory structure intended
for human habitations shall be connected with a private sanitary sewage
disposal system, all portions of which shall be installed, constructed,
inspected and approved in strict compliance with the minimum
specifications of the statutes of Arkansas and/or the rules and
regulations of the Arkansas State Board of Health.
PART
13.
HOLLEY MOUNTAIN PROPERTY OWNERS ASSOCIATION, INC.
For the purpose
of maintaining areas to be used in common with other residents and owners
of property in the addition, the roads, runways, taxiways, the runway
lights, drainage and such other activities and undertakings as may be for
the general use and benefit of owners and residents of the property, each
and every tract owner, in accepting a conveyance of any tract of
land contained in Exhibit A
agrees to and shall become a member of the HOLLEY MOUNTAIN
PROPERTY OWNERS ASSOCIATION, Inc., a non-profit corporation, and be
subject to the duly enacted By-Laws, rules, and membership
fees of the association as amended from the time to time by the Board of
Directors.
Immediately upon conveyance of a tract or tracts of land to a
new owner, said owner shall be automatically enrolled as a voting and dues
paying member of the Holley Mountain Property Owners Association, Inc.
with all rights, privileges and duties thereof and will automatically be
subject to the provisions of the Association By-Laws and such other
Association Rules and Regulations as may be applicable. Each tract owner
may thereafter be referred to as either “member” or “property owner,” or
simply “owner.”
PART
14. LIEN FOR MEMBERSHIP DUES.
All owners of property in the development shall pay the required dues to
the Holley Mountain Property Owners Association, Inc. promptly when the
same become due, and in the event of failure to pay the same promptly when
the same become due, such dues shall constitute a lien upon the property
owned by such owner in the development and the same may be enforced in
equity as in the case of any lien foreclosure authorized in the State of
Arkansas.
PART 15.
SUBORDINATION OF LIEN FOR MEMBERSHIP DUES.
The liens herein retained for membership dues to the Holley Mountain
Property Owners Association, Inc. are hereby made expressly inferior and
subordinate to valid and bona fide mortgages and deeds of trust or
retained vendor’s liens securing obligations of owners of any of the
tracts in the addition up to the time of sale at foreclosure of any such
mortgage, deed of trust or vendor’s lien and for a period of six (6)
months thereafter or until the residence upon such property is occupied,
whichever date shall first occur, after which time monthly membership dues
shall thereafter accrue as a lien upon such tract in the identical form
and manner as prior to the foreclosure sale of the property involved. This
subordination shall be construed to apply not only to the original, but to
all successive mortgages, deeds or trust, and vendor’s liens given by
property owners to secure obligations, together with all extensions and
renewals thereof.
PART 16. DELETED .
PART 17. ABSENTEE
OWNERSHIP PROHIBITED.
Absentee ownership is prohibited. Lots shall be owned and
occupied by the legal titleholder in fee simple, or members of the
immediate family of the owners(s).
PART 18. PERSONS
BOUND BY THESE COVENANTS.
All persons or corporations who now own or shall hereafter acquire any of
the tracts in this development shall be deemed to have agreed and
covenanted with the owners of all other tracts in this addition and with
its or their heirs, successors and assigns to conform to and observe the
restrictions, covenants and stipulations contained herein for a period of
25 years from the date these Revised and Restated Covenants and
Restrictions are recorded, and these covenants shall thereafter
automatically extend in effect for successive periods of 10 years unless
prior to the end of the original term or any successive term of the
application hereof a majority of the then owners of tracts in the
development agree to the amendment or removal of these covenants in whole
or in part. These covenants may be amended at any time by the owners of
75% of the tracts in the development. No changes in these covenants in the
manner herein set forth shall be valid unless the same shall be placed of
record in the office of the Recorder of Van Buren County, Arkansas, duly
executed and acknowledged by the requisite number of owners.
PART 19.
RIGHT TO ENFORCE.
The covenants, agreements and restrictions herein set forth shall run with
the title to the tracts in this addition and bind the present owners,
their heirs, successors and assigns, future owners through or under them
shall be taken to hold, agree, and covenant with the owners of other
tracts in the addition, their heirs, successors and assigns, and with
Owners, as to the covenants and agreements herein set forth and contained.
None shall be personally binding on any person, persons, or corporations
except with respect to breaches committed during its, his or their holding
of title to tracts in the addition. Any owner or owners of tracts in this
Addition or Owners, expressly agrees and covenants that any breach of
these covenants shall constitute irreparable harm and shall have the right
to sue for and obtain an injunction, prohibitive or mandatory, to prevent
the breach of or to enforce the observance of any of the covenants,
agreements or restrictions contained herein together with any other rights
to which they might otherwise be entitled under the laws of the State of
Arkansas. The invalidation of any one of these covenants, restrictions or
agreements herein contained by the order of a court of competent
jurisdiction shall in no way affect any of the other provisions hereof
which will remain in full force and effect.
ARCHITECTURAL CONTROL COMMITTEE
A. MEMBERSHIP. The Architectural Control Committee is composed of a
minimum of three members and a maximum of seven members. Holley Mountain
Property Owners Association, Inc. in accordance with its Bylaws shall
appoint the members of the Architectural Control Committee.
B. PROCEDURE. The Committee’s approval or disapproval as required in these
covenants shall be in writing. In the event the committee, or its
designated representative, fails to approve or disapprove within 30 days
after plans and specifications have been submitted to it. Approval will
not be required and the related covenants shall be deemed to have been
fully complied with.
C. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate any
covenants either to restrain violation or to recover damages.
D. SEVERABILITY. Invalidation of any one of these covenants by judgment of
court order shall in no way affect any of the other provisions which shall
remain in full force and effect.
WITNESS MY HAND on this 26th day of July 2004.
Holley Mountain Property Owners Association, Inc.
_______________________
JoAnn Collom, Secretary
"Copy"
Original documents signed and filed with Van Buren County, Arkansas.
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