DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
STATE OF MISSISSIPPI
COUNTY OF HANCOCK
KNOW ALL MEN BY THESE PRESENTS:
THAT C.M. Lisenbea, hereinafter called the Declarant, is the owner of all that
certain real property located in Hancock County, Mississippi, described as follows:
BEING all the lots in MINT JULEP AIRPARK L.L.C., a subdivision
in Hancock County, Mississippi, according to the map or plat
thereof as recorded in the Plat Records, Hancock County,
Mississippi; as well as any resubdivision of any of the above
described lots.
WHEREAS, the Declarant will convey the above described properties, subject to
certain protective covenants, conditions, restrictions, liens, and charges as hereinafter
set forth.
WHEREAS, the property described above shall be conveyed only upon platting,
but shall be so conveyed subject to the restrictions contained herein.
NOW, THEREFORE, it is hereby declared that all the property described above
shall be held, sold, and conveyed subject to the following easements, restrictions, covenants,
and conditions, which are for the purpose of protecting the value and desirability
of, and which shall run with, the real property and shall be binding on all parties
having any right, title, or interest in or to the above described property or any part
thereof, and their heirs, successors, and assigns, and which easements, restrictions, covenants,
and conditions shall insure to the benefit of each owner thereof.
ARTICLE ONE
DEFINITIONS
Owner
1.1 “Owner” shall mean and refer to the record owner, whether one
or more persons or entities, of the fee simple title to any residential lot or portion
of a residential lot on which there is or will be built a single family dwelling,
including contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
Properties
1.2 “Properties” shall mean and refer to that certain real property
hereinbefore described.
Residential Lot
1.3 “Residential Lot” shall mean and refer to that portion of any
of the plots of land shown upon the plat and subdivision map recorded as hereinbefore described,
on which there is or will be built a single family dwelling. The term “Residential
Lot” shall not include any Common Area or any other reserves as shown on
the said map or plat or as hereinafter reserved. It is anticipated that after
all the lands are platted, approximately 82 residential lots will be included in
all sections of this subdivision, and subject to these restrictions. “Residential
Lot” shall also include such future residential lots in the subdivision.
Runway
1.4 “Runway” shall mean and refer to the runway and runway right-of-way,
which is shown on the Mint Julep Airpark plat and subdivision map recorded as
hereinbefore described.
Taxiway
1.5 “Taxiway” shall mean and refer to the taxiway right-of-way
and easement, included as hereinbefore described, and which provides access for each
Residential Lot to the Runway. Mint Julep Airpark’s paved taxiways are also
access roads to each residential lot. Aircraft will always have the right-of-way
over ground transportation vehicles.
Access Roads
1.6 “Roadway” shall mean and refer to the roadway right-of-way
and easement, which is on the Mint Julep Airpark plat and subdivision map recorded as
hereinbefore described, and which provides street access for each Residential
Lot. Mint Julep Airpark’s paved roads are also access taxiways to each
residential lot. Aircraft shall always have the right-of-way over ground
transportation vehicles.
Declarant
1.7 “Declarant” shall mean and refer to MINT JULEP AIRPARK LLC,
its successors and assigns, if such successors or assigns shall acquire more
than one undeveloped Residential Lot from Declarant for the purpose of development.
ARTICLE TWO
ARCHITECTURAL CONTROL
Architectural Control Committee
2.1 Declarant shall designate and appoint an Architectural Control Committee
consisting of not less than two (2) qualified persons, which committee shall
serve at the pleasure of the Declarant, and shall be initially composed of C.M.
LISENBEA, P.O. Box 275, Picayune, MS 39466, (601) 798-5720 and a member to be
named; and thereafter shall compose the Board of Directors of the hereinafter
described Homeowners’ Association. This current Board of Directors shall
have complete and sole control of any and all variances granted in regards to
this document.
Approval of Plans and Specifications
2.2 No building, fence, wall, or other structure shall be commenced, erected,
moved, or maintained upon the Properties, nor shall any exterior addition
to, or change or alteration therein, be made, or shall any landscaping of any
Residential Lot or Residential Lots be undertaken, until the plat plan and
the plans and specifications of any and all improvements of whatever nature and
kind showing the nature, kind, color, shape, height, materials, and location
of the same shall have been submitted to, and approved in writing by, the
Architectural Control Committee as to the harmony of external design and
location in relation to surrounding structures and topography.
Failure of Committee to Act
2.3 In the event that any plans and specifications are submitted to the Architectural
Control Committee as provided herein, and such Committee shall fail either to
approve or reject such plans and specifications for a period of thirty (30)
days following such submission, approval by the Committee shall not be required,
and full compliance with this Article shall be deemed to have been had, unless
within such thirty day period or any extension thereof, the Committee notifies
the owner requesting approval that additional time to consider the request is
required and specifying the date the Committee expects to be able to respond,
which shall not be later than thirty (30) days from the Committee notice to
Owner.
2.4 The applicant may appeal an adverse Committee decision to the Board of Directors
who may reverse or modify such decision by a majority vote of the Directors.
ARTICLE THREE
OWNER REQUIREMENTS
It is expressly understood that Mint Julep Airpark LLC is an Airport Community,
and that there will be aircraft operations on the runway and taxiways which
are an integral part of the community. In an effort to maintain the integrity
of the airport community, the Owner shall possess a valid FAA pilot certification.
If the Owner is more than one person, then at least one member of the Owner
group shall meet the pilot certification requirements.
Minimum requirements are a Student Pilot’s Certificate with solo stage
sign-off by an FAA licensed flight instructor. “Lighter than air”,
rotorwing, and recreational pilot licenses are valid. Owner shall not sell Residential
Lot or allow Residential Lot to be sold to any individual or group that does
not meet this requirement. This requirement may be waived for specific individual
cases by the Homeowners’ Association.
ARTICLE FOUR
EXTERIOR MAINTENANCE
In the event an Owner of any Residential Lot shall fail to maintain the premises
and the improvements situated thereon in a neat and orderly manner, the Declarant
or the Architectural Control Committee shall have the right, through its agents
and employees, to enter upon said Residential Lot and to repair, maintain, and
restore the Residential Lot and exterior of the buildings and any other improvements
erected thereon, all at the expense of the Owner.
ARTICLE FIVE
USE RESTRICTIONS
Type of Buildings Permitted
5.1 All Residential Lots shall be used for residential purposes only, and no
building shall be erected, altered, placed, or permitted to remain on any Residential
Lot other than one integrated single family dwelling/hangar not to exceed two
stories in height. No secondary outbuilding or detached building, shall be permitted
unless the same is 75% masonry and of the same exterior style as the primary
dwelling.
Minimum Floor Area and Exterior Walls
5.2 Any single story residence constructed on said Residential Lots must have
a ground floor area of not less than eighteen hundred (1800) square feet,
exclusive of open or screened porches, terraces, patios, driveways, carports,
garages and hangar. Any residence other than a single story residence must
have not less than one thousand (1,000) square feet of ground floor living
area, and not less than (1800) square feet total living area, exclusive of
open or screened porches, terraces, patios, driveways, carports, and garages
and hangar. The exterior walls of any residence shall consist of not less
than seventy-five percent (75%) masonry construction except for one and one-half
or two story houses, in which case, the first story shall be seventy-five
percent (75%) masonry. The Architectural Control Committee reserves the right
to grant a variance to such masonry requirement on a case-by-case basis should
the style of architecture of a particular plan not be appropriate or compatible
with such masonry requirement.
Exterior Lighting
5.3 Any exterior lighting caused or allowed to be erected on any residential
lot by residential lot buyer shall be shaded so as to not create a nuisance
to any other owner or occupier thereof.
Construction Period
5.4 Although there is no requirement that a residence or other improvement
be constructed upon any residential lot, upon the commencement of the construction
of any improvement, such construction of at least the exterior thereof shall
be prosecuted with reasonable diligence to completion so that the aesthetics
of the area is not disturbed by the appearance of an incomplete structure
for an unreasonable period of time. For the purposes of this paragraph, a
reasonable period of time to complete the construction of the exterior section
of any structure shall be six months from commencement of the construction.
Hangar and Tiedown
5.5 The hangar must be integrated with the residence. Hangar floor area shall
not exceed twice the floor area of the residence as defined in paragraph
5.2. Tiedown is limited to two aircraft outside in addition to the hangar.
The architectural committee reserves the right to grant a variance.
Setbacks
5.6 No building shall be located on any Residential Lot nearer to the front
lot line than fifty (50) feet, except for the front lot line on a cul-de-sac
end, where the minimum setback is thirty-five (35) feet. No building shall
be located nearer to the side street line than twenty-five (25) feet. There
shall be no building constructed on any residential lot nearer than twenty
(20) feet from the rear property line or from any side lot line. The access
to all residential lots shall be across the front lot line (except side street
access) and no residential lot shall be permitted direct access to Mint Julep
Airpark runway except via taxiways. For the purpose of this covenant, eaves,
steps, and open porches shall be considered part of the building. If two or
more Residential Lots, or fractions thereof, are consolidated into a single
building site, these building setback provisions shall be applied to such
resultant building site as if it were one original, platted Residential Lot.
Easements
5.7 Easements, for the installation and maintenance of utilities and drainage
facilities, are reserved as shown on the recorded plat. No utility company,
water district, political subsidiary, or other authorized entity using the
easements herein referred to shall be liable for any damage done by them or
their assigns, agents, employees, or servants, to shrubbery, trees, or flowers,
or to other property of the owner situated within any such easement. All utilities
will be underground; no over-head utilities.
Noxious or Offensive Activities Prohibited
5.8 No noxious or offensive activity shall be carried on upon any Lot, nor
shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood. No low-level flying stunts nor other hazardous
activities will be permitted about the development. Each Owner is required
to strictly observe all Federal, State and Local Statutes, Regulations or
Ordinances relative to the operation of civil aircraft, and is responsible
for the actions of their guests. “Run-up” shall be done only at
the ends of the runway, but in any event the run-up will not be done in such
a manner such as to cause inconvenience or damage to the property of others.
Prohibited Residential Uses
5.9 No structure of a temporary character, trailer, mobile home, basement,
tent, shack, garage or other outbuilding shall be used on any Residential
Lot at any time as a residence, either temporarily or permanently.
Signs
5.10 No signs of any character shall be allowed on any Residential Lot except
one sign of not more than five square feet advertising the property for sale
or rent; provided, however, that Declarant and any other person or entity
engaged in the construction and sales period, to construct and maintain such
facilities as may be reasonably necessary or convenient for such construction
and sales, including, but not limited to, signs, offices, storage areas, and
model units.
Mineral Development Prohibited
5.11 No oil well drilling, oil development operations, oil refining, quarrying
or mining operations of any kind shall be permitted on a Lot, nor shall oil
wells, tanks, tunnels, mineral excavations, or shafts be permitted on any
Lot. No derrick or other structure designed for use in boring for oil, natural
gas, or other minerals shall be erected, maintained, or permitted on any Lot.
Rubbish, Trash, and Garbage
5.12 No Lot shall be used or maintained as a dumping ground for rubbish or
trash, and no garbage or other waste shall be kept except in sanitary containers.
Animals
5.13 No animals, livestock, or poultry of any kind shall be raised, bred, or
kept on any Residential Lot except that dogs, cats, or other household pets
may be kept, provided that they are not kept, bred, or maintained for any commercial
purposes.
Fences, Walls, Hedges and Utility Meters
5.14 No fence, wall, hedge or utility meter shall be placed, or permitted to
remain on any Residential Lot nearer to the street or streets adjoining such
lot than is permitted for the main residence on such Lot, except for decorative
subdivision entry fences.
Shrubs and Trees
5.15 No shrub or tree planting which obstructs sight lines at elevations between
two and six feet above the roadway shall be planted or permitted to remain on
any corner Lot within the triangular area formed by the edges of such intersecting
streets and a line connecting such curbline at points 30 feet from their intersection,
or in the case of a rounded corner, from the intersection of the curblines as
extended. The same sight line limitations shall apply on any Lot within ten
feet of the intersection of a street curbline and the edge of a driveway. No
trees shall be permitted to remain within such distances of such intersections
unless the foliage line is maintained at a height of more than six feet above
the ground level. Landscaping around each residence/hangar will be required
to maintain a harmonious relation to surrounding structures and topography.
Trucks, Buses and Trailers
5.16 No truck, bus or trailer shall be left parked in the street in front of
any Lot except for construction and repair equipment while a residence or residences
are being built or repaired in the immediate vicinity, and no truck, bus, boat,
or trailer shall be parked on the driveway or any portion of the Lot in such
manner as to be visible from the street.
Prohibited Activities
5.17 No professional, business, or commercial activity to which the general
public is invited shall be conducted on any Lot.
5.18 It is agreed and understood that there shall be no water wells permitted
to be drilled on any Residential Lot in the above described subdivision.
ARTICLE SIX
COMMON AREA
6.1 The Association, subject to the rights of the Declarant and Owners set forth
in this Amended and Restated Declaration shall be responsible for the exclusive
management and control of the Common Areas and all improvements thereon (including
furnishings and equipment related thereto), shall pay all real property ad valorem
and personal property ad valorem taxes and shall keep said premises in good,
clean, attractive and sanitary condition, order and repair. Common Area is defined
to include the Runway and Taxiways as well as other areas that may be included
in the future.
6.2 Subject to the provisions of the Amended and Restated Declarations, every
Owner shall have a right and easement of enjoyment in and to the Common Area
which shall be appurtenant to and shall pass with the title to every Property
interest and every Member shall have a right to enjoyment of the Common Area.
6.3 The Members’ easements of enjoyment created hereby shall be subject
to the
following:
a. the right of the Association to establish reasonable rules and
to charge reasonable admission and other fees for the use of the Common Area;
b. the right of the Association to suspend the right of an Owner to use the
Common Area for any period during which any assessment against his Property
remains unpaid for more than thirty (30) days after notice; the right of the
Association to suspend the right of a Member to use the said Common Area,
for a period not to exceed sixty (60) days, for any other Infraction of this
Amended and Restated Declaration or the Rules and Regulations of the Association;
c. the right of the Association to mortgage any or all of the property constituting
or the facilities constructed on the Common Area (except for the Runway, Access
Roads and Taxiways as they now or may later exist, which may not be mortgaged)
for the purposes of improvements or repair to the Common Area or facilities
located therein pursuant to approval of a majority of the votes of the Members
who are voting in person or by proxy at a regular meeting of the Association
or at a meeting duly called for this purpose; however, the Directors shall
have the power to approve or disapprove such mortgage by majority vote during
the Development Period;
d. the right of the Association to dedicate or transfer all or any part of
the Common Area (except the Runway, Access Roads and Taxiways as they now
or may later exist which shall not be dedicated or transferred) to any local
public body, public agency, authority, utility or cable television company
for such purposes and subject to such conditions as may be agreed to by a
majority of the Members. However, the directors shall have the power to agree
to such dedication or transfer by majority vote during the Development Period
and no approval of the Members shall be required. No such dedication or transfer
shall be effective unless an instrument signed by the appropriate Officers
of the Association agreeing to such dedication or transfer, has been recorded
in the Deed Records of Hancock County, Mississippi.
e. the right of the Association after reasonable notice to the owner thereof,
to enter any lot at any reasonable hour on any day to perform such maintenance
as may be authorized herein.
6.4 Delegation of Use. Any Property Owner may delegate, in accordance with
the Bylaws, his right of enjoyment to the Common Area and facilities to the
Members of his family, his guests, his tenants, or contract purchasers who
reside on the property, subject to such general regulations as may be established
from time to time by the Association.
6.5 The Runway, as it may be configured from time to time, is for the use,
maintenance, enjoyment and benefit of the Members hereof.
6.6 All Members and their guests shall have the right to use the Runway and
Taxiways for civil aircraft subject to limitations which may hereinafter be
imposed by the Association and the terms, conditions, and limitations and
restrictions contained in this Declaration of Covenants, Conditions and Restrictions.
In addition, the Declarant, its successors and assigns, expressly reserve
the right during the Development Period to grant permission to such other
persons as it may elect to use the aforementioned facilities for the purpose
of promoting and marketing the Property.
6.7 The Association shall have the right to adopt and enforce reasonable rules
and regulations with respect to the use of the Runway, provided that such
rules and regulations shall not conflict with any provision of this Amended
and Restated Declaration and provided further that such rules and regulations
shall be consistent with good safety practices and with all Federal, State
and Local statutes, rules and regulations and ordinances with respect to civil
aircraft operations on private airport facilities. The use of the Runway within
Mint Julep Airpark shall also be subject to the following:
6.8 No aircraft shall be parked on any part of the Runway and all aircraft
parked or left for any period of time unattended within Lots shall be securely
tied down. If any aircraft is found within any Lot, not tied down and unattended,
the Association of the Declarant or its agency may, but are not obligated
to secure it at the expense of the Owner of said aircraft.
6.9 The Association shall have the right to withhold from, restrict or charge
an individual assessment for the use of the Common Area, including the Runway
to any Owner:
a. who is in default in the payment of any assessment fee; or
b. who, in the judgment of the Board of Directors of the Association, uses
the Common Areas or his aircraft in a negligent manner or in a manner harmful
to the rights of other users; or
c. who, in general, violates the published rules and regulations of the Association.
d. Such individual assessments shall not exceed $50.00 per use.
ARTICLE SEVEN
EASEMENTS
Reservations of Easements
7.1 All easements for the installation and maintenance of utilities and drainage
facilities are reserved as shown on the plat recorded in the Plat Records of
Hancock County, Mississippi, or will be reserved in future sections of the subdivision.
No shrubbery, fence or other obstruction shall be placed in any easement, street,
or taxiway. Right of use for ingress and egress shall be had at all times over
any dedicated easement, and for the installation, operation, maintenance, repair,
or removal of an utility, together with the right to remove any obstruction
that may be placed in such easement which would constitute interference with
the use, maintenance, operation, or installation of such utility.
ARTICLE EIGHT
HOMEOWNERS’ ASSOCIATION, ASSESSMENTS AND RULES
8.1 A “Homeowners’ Association”, hereinafter referred to as
“The Association” is hereby created to be made up of all the residential
lot owners of Mint Julep Airpark LLC. A Governing Board of Directors shall have
one vote for each residential lot owned. “Residential Lot Owners”
will include residential lot owners from future sections of the subdivisions
contemplated by these restrictions. Election of Directors shall be made annually.
The initial Board of Directors shall propose By-laws for the Association governing
its operation which shall require a three-fourths (3/4) vote of the residential
lot owners. 8.2 Maintenance and Assessment of Private Roadway Easement within
Mint Julep Airpark Subdivision:
a. The Association shall have the obligation to maintain, and levy
and collect assessments for the maintenance of all internal private roadway
easements located in Mint Julep Airpark, as those Private Roadway Easements
are depicted on the final subdivision plat for Mint Julep Airpark, and any
entry gates or other devices controlling access (the “Entry Facilities”)
to the Private Roadway Easements. The Association shall levy assessments (Private
Roadway Easement Maintenance Costs) against each Residential Lot adjoining
or benefiting from the Private Roadways for the cost of maintenance of the
Private Roadways, Landscaping and the Security Facilities as The Association
determines appropriate. The Private Roadway Easements shall not be dedicated
to or maintained by Hancock County. Further, an express easement is hereby
granted across the Private Roadways and any adjoining common areas for the
use of the surface for all governmental functions, vehicular and non-vehicular,
including fire and police protection, electrical and water utilities and cooperatives,
solid and other waste material pick up.
b. The Private Roadway Easement Maintenance Costs shall be apportioned equally
among Residential Lot owners, exclusive of any Declarant owned lots. Beginning
August 1, 2001, the Private Roadway Easement Residential Maintenance Cost
shall be five hundred forty dollars ($540) per Residential Lot per calendar
year. The Private Roadway Maintenance Cost shall be subject to adjustment
by the vote of the Residential Lot owners as provided in this declaration.
To secure payment of such charges as levied on the individual residential
lots, there shall be reserved in each deed (whether specifically stated therein
or not) by which the Declarant shall convey such Residential Lots, a vendor’s
lien for the benefit of The Association, said lien shall be secondary, subordinate
and inferior to all liens, present and future, given granted to and/or created
for or at the instance of a valid purchase price and/or the construction of
improvements on any such Residential Lot.
c. Mint Julep Airpark has been platted as a private subdivision, therefore
Hancock County will not assume responsibility for any road maintenance and
the roads will remain private into perpetuity. A unanimous (100%) vote will
be required for the Association to request that Hancock County accept the
roads for maintenance, further the Association will be financially responsible
for any improvements that will be required by Hancock County as a prerequisite
for accepting the roads for maintenance.
8.3 The voting rights of any Owner who is more than 60 days delinquent on
any sum owed to the Association shall be automatically suspended without notice.
Such suspension of voting rights shall extend to general or special membership
meetings, mail ballots, committee meetings, board meetings, and all other meetings.
8.4 Through the Board of Directors, the Association shall have authority to:
a. Declare and collect an assessment from each residential lot
within the subdivision to provide funds for the maintenance of the common
area and anyimprovements situated thereon and for such other purposes as shall
be approved by the Homeowners’ Association. Such assessments procedure
shall be established by the By-laws and, if included, shall provide for the
affixing of a lien against the property to enforce non-payment thereof, subject
however, to the requirement that any such lien affixing procedure shall be
subordinate to or shall in no manner adversely affect any mortgagee holding
a valid lien upon the property, and subject further to the requirement that
no assessment lien affixed upon the property shall be effective until a written
notice of Lien Claim be filed in the Deed Records of Hancock County, Mississippi.
The By-laws may provide for an enforcement procedure, including but not limited
to the filing of suit for foreclosure of such Assessment Lien and the assessment
of attorney’s fees incurred to collect or enforce such delinquent assessments.
b. Contract for any pay for the maintenance of common areas, including the
entries to the subdivision, roadbeds, and landscaping.
c. Promulgate rules and regulations governing the use of said common areas,
expressly including reasonable safety rules for such common areas and amenities
and the right to establish reasonable rules and regulations in respect to
the common area and/or amenities and the right to set fines and/or penalties
for the enforcement thereof and in this respect the purchaser of each residential
lot shall execute, acknowledge and deliver a performance Deed of Trust in
favor of the Homeowners’ Association to additionally secure the faithful
performance of each residential lot owner’s obligation to abide by such
rules, regulations, and restrictions.
d. Serve as the Architectural Control Committee, as hereinabove established.
e. Notwithstanding the foregoing, the Association shall begin its operation
at such time as Declarant shall have sold the last residential lot out of
the property covered hereby or at the Declarant’s option, at any time
prior to the sale of the last residential lot. “Residential Lot”
shall be defined to include residential lots in all future sections, including
the entire acreage and platted residential lots described in these restrictions.
Until the last residential lot is sold, upon beginning operation by the Association,
Declarant shall have 3 votes for each residential lot he owns in the subdivision.
At such time, Declarant will provide written notice thereof to each residential
lot owner by regular United States Mail to the last address shown on the records
of Declarant. Such notice will contain place, date, and time of a meeting
of residential lot owners for the purpose of electing the initial Board of
Directors and such other business as may be brought before the meeting.
ARTICLE NINE
GENERAL PROVISIONS
Enforcement
9.1 The Declarant, the Homeowners’ Association or any Owner shall have
the right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, and reservations now or hereafter imposed by the provisions of this
Declaration. Failure to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so thereafter.
Attorney’s Fees
9.2 If a delinquent account or other violation is turned over to the Association’s
attorney, the delinquent Owner shall be liable for all attorney’s fees
incurred by the Association in collecting the account, filing liens, foreclosing
liens, releasing liens, prosecuting lawsuits, and/or otherwise enforcing the
Declaration and Bylaws. All such sums shall be a continuing lien and charge
upon the delinquent Owner’s Lot(s), as well as the personal obligation
of said Owner: and this obligation may be enforced in the same manner as to
the same extend as provided herein for Assessments.
Severability
9.3 Invalidation of any one of the covenants or restriction by judgment, court
order or failure to enforce shall in no way affect any other provision, and
all other
provisions shall remain in full force and effect.
Duration and Amendment
9.4 The covenants, conditions and restrictions of this Declaration shall run
with and bind the land, and shall inure to the benefit of, and be enforceable
by, the Declarant, the Homeowners’ Association or the Owner of any Residential
Lot subject to this Declaration, and their respective legal representatives,
heirs, successors, and assigns, and unless amended as provided herein, shall
be effective for a term of twenty (20) years for the date this Declaration is
recorded, after which time said covenants, conditions and restrictions shall
be automatically extended for successive periods of ten (10) years. The covenants,
conditions and restrictions of this Declaration may be amended during the first
20 year period by an instrument signed by not less than 90 percent of the Residential
Lot Owners; during any succeeding ten (10) year period, the covenants, conditions
and restrictions of this Declaration may be amended during the last year of
any such ten (10) year period by an instrument signed by not less than 75 percent
of the Residential Lot Owners. No amendment shall be effective until recorded
in the Deed Records of Hancock County, Mississippi, nor until the approval of
any governmental regulatory body which is required shall have been obtained.
EXECUTED by Said Declarant, this ____th day of __________, 2001.
___________________________
C.M. LISENBEA
THE STATE OF MISSISSIPPI
COUNTY OF HANCOCK
BEFORE ME, the undersigned authority, on this day personally appeared C.M. LISENBEA,
Owner of Mint Julep Airpark known to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN under my hand and seal of office on this the ___th day of July, 2001.
_______________________
NOTARY PUBLIC IN AND FOR
THE STATE OF MISSISSIPPI
My Commission Expires:
_____________________
The present owners and holders of property within Mint Julep Airpark do by the
execution of this instrument join in the above reservations, restrictions, easements,
and covenants and agree and consent to vacate the original referenced reservations,
restrictions, easements, and covenants and replace them with those contained
in this instrument.
__________________________
__________________________
THE STATE OF MISSISSIPPI
COUNTY OF HANCOCK
BEFORE ME, the undersigned authority, on this day personally appeared ______,
known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged no me that he executed the same for the purposes and consideration
therein expressed.
GIVEN under my hand and seal of office on this the ___th day of ________,
2002.
____________________________
NOTARY PUBLIC IN AND FOR THE STATE OF MISSISSIPPI
My Commission Expires: _______________
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