CORRECTIVE AND AMENTIVE TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR UNION ACRES
This declaration, made the day of June 22, 1989 by Alan F. Carr and Madeline C. Carr (hereinafter referred to as “Declarants”).
Declarants are the owners of the real property in Jackson County, North Carolina, near Union Hill Road, tract known as Union Acres described in Survey Plat by James Herron for Union Acres Landowner Association recorded in the Jackson County Register, Cabinet 4 at slides 927, 928 & 943 with the exception of the 16-acre “wilderness tract.”
WITNESSETH:
THAT WHEREAS, all previous covenants and restrictions for Union Acres Community registered by the Declarants on December 27, 1988 shall henceforth stand corrected and amended by this declaration and apply to the parcel of land known as UNION ACRES, here above described.
WHEREAS, the Declarants herein desire to enable Union Acres Landowner Association to develop and maintain said property of approximately 80 acres known as Union Acres (hereinafter referred to as “the Development”).
WHEREAS, the Declarants herein desire to enable a Residents Association to promote the common interests of residents in the Development after at least 80% of lots have been sold. 
WHEREAS, Declarants hereby declare that land in the Development shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions that are for the purpose of protecting the value and desirability of, and all that will run with, the land and be binding on all parties having right, title, or interest in the Development or any part thereof, their heirs, successors, and assigns, and that shall inure to the benefit of each owner, their heirs, successors, assigns, executors, and administrators. The provisions of this declaration shall create mutual and equitable servitudes, reciprocal rights, and privity of contract and estate upon each lot and lot owner in the Development in favor of all other lots and lot owners.
ARTICLE I DEFINITIONS
Section 1. Definitions.
The following words when used in this Declaration of Covenants and Restrictions or any supplemental declaration of covenants and restrictions have the following meanings:
  1. “Land” means all such existing property and additions thereto as are subject to this Declaration or any supplemental declaration according to the descriptions and provisions of articles set forth herein.
  2. “Common land” means those areas of land, including all roads and other easements, and any property or interest therein (whether or not shown on any recorded survey of Union Acres filed by the Declarants), intended to be devoted to the common use and enjoyment of Union Acres residents.
  3. “Residence” means the building or structure in which one family unit resides, whether or not said family unit is comprised of persons related by consanguinity.
  4. “Landowner Association” means Union Acres Landowner Association, established primarily for purposes of developing the community.
  5. “Residents Association” means an Association governed by the residents for purposes of managing common property and promoting the common interests of residents in the community after at least 80% of lots have been sold.
  6. “Owner” means the record owner, whether one or more persons or entities, of a fee simple title to a lot, including contract sellers, but excluding those having any interest merely as security for the performance of an obligation.
  7. “Purchasing unit” means the owner(s) of any parcel of land.
  8. “Member of the Residents Association” means any permanent resident of Union Acres adhering to the bylaws of the Residents Association.
  9. “Member of the Landowner Association” means a person who is the owner or part owner of land in Union Acres adhering to the bylaws of the Landowner Association.
  10. “Resident” means a person who has continuously resided in Union Acres for 6 weeks or more.
  11. “Permanent resident” means a person who has continuously resided in Union Acres for 3 months or more.
  12. “Development” means all land (except a 16-acre wilderness tract) described in Survey Plat of Union Acres for Union Acres Landowners Association Inc. recorded in the Jackson County Register, Cabinet 4 at Slides 927, 928, & 929.
  13. “Governing Board” means the Governing Board of the Residents Association, which shall be annually elected by the members thereof.
  14. “Tree” means a woody plant having at least one well-defined stem of at least 3 inches in diameter measured at a height of 4.5 feet above the natural grade.
  15. “Removal of a tree” means any act which causes a tree to die within a period of two years, including, but not limited to: damage inflicted upon the root system by machinery, storage of materials, and soil compaction; changing the natural grade above the root system or around the trunk; damage inflicted on the tree permitting infection or pest infestation; excessive pruning; paving with concrete or asphalt or other impervious material within such proximity as to be harmful to the tree.
  16. “Bylaws” means the bylaws of the Landowner Association or the Residents Association.
  17. “Lot” means any plot of land shown upon a recorded plat of Union Acres filed by the Declarants.
  18. “Development Managers” means Anthony Beckett & Caroline Grant, who shall enter into contract with the Landowner Association to manage the development of Union Acres.
 
ARTICLE II COVENANTS AND RESTRICTIONS ON COMMON LAND AND PROPERTY
Section 1. Description.
The common land is described in Survey Plat for Union Acres Landowner Association here above described and these covenants, assessments, and restrictions for common land shall apply the same day that title to said property designated as common land is transferred by purchase from the Declarants to the Landowner Association, including appurtenant easements.
ARTICLE III COMMON LAND
Section 1. Ownership.
The common land shall be purchased from the Declarants by Union Acres Landowner Association. Said common land shall then be owned and managed by the Landowner Association. When at least 80% of all lots in the Development have been sold, ownership of said common land shall be transferred to a Residents Association.
Section 2. Right of enjoyment.
Upon transfer of title to Union Acres Landowner Association, every member of the Landowners Association and every member of the Residents Association abiding with the bylaws thereof shall have a right and easement of enjoyment of all common land, and such easement shall be appurtenant to and shall pass with the title to every owner purchasing a unit of land.
Section 3. Improvements.
Buildings and improvements of a permanent nature erected or placed on common land and any activities (including the removal of trees) that alter the nature of the common land shall have prior approval of the Landowner Association or Governing Board of the Residents Association.
Section 4. Business Areas.
A certain portion of common land that may be leased for commercial activities shall be designated by the Landowner Association and leased under such conditions as shall be determined by them.
ARTICLE IV THE LANDOWNER ASSOCIATION
Section 1. General.
The Union Acres Landowner Association shall be registered as a North Carolina non-profit corporation organized to further and promote the development of land in Union Acres. The Association shall have the powers in furtherance of its purposes that are set forth in its articles and bylaws.
Section 2. Formation.
The Landowner Association shall become operational when a plat survey of Union Acres has been registered in the Jackson County Register and/or five lots have been sold in the Development.
Section 3. Executive Committee.
The initial investors shall comprise the Board of Directors of Union Acres Landowner Association.
Section 4. Membership.
Every owner of a lot in the Development shall be a member of the Association. Membership shall be appurtenant to and not separated from ownership that is subject to assessment.
Section 5. Rights, Privileges, and Obligations of Members.
The rights, duties, privileges, and obligations of membership in the Landowner Association shall be as set forth in its articles and bylaws.
ARTICLE V THE RESIDENTS ASSOCIATION
Section 1. General.
The Association shall be a North Carolina non-profit corporation organized to further and promote the common interests of residents of Union Acres. It shall be formed after at least 80% of all lots in the Development have been sold. The Association shall have certain powers as set forth in its articles and bylaws. The rights, privileges, and obligations of its members shall be set forth in its articles and bylaws.
Section 2. Governing Board of the Residents Association.
The voting members of the Residents Association shall elect a Governing Board by plurality vote. The Governing Board shall consist of from three to twelve members. The quorum necessary to all valid action of the Governing Board shall be not less than 75%. Any member of the Governing Board found to be in violation of any guideline, covenant, restriction, or any resolution made by the members or Governing Board shall not be entitled to vote on any issue until the violation is corrected.
Section 3. Sovereignty of the membership.
A member of the Governing Board may be recalled and removed from office by a vote of 75% of the members. Votes may be taken either at a meeting assembled or in writing.
ARTICLE VI ENVIRONMENTAL PROTECTION OF COMMON PROPERTY
Section 1. Nature Trails.
The Landowners Association shall establish certain twenty-five (25) foot easements for common nature trails in which all clearing, cutting of trees, and other alterations of the natural vegetation (except as authorized by the Landowner Association or Governing Board of the Residents Association) shall be limited as described herein:
Along such easements, no trees shall be cleared or cut. Such easements must be left in their natural state except for brambles, poisonous plants, dense vines, and other use-inhibiting vegetation, as defined by the Landowner Association or Governing Board of the Residents Association. Exceptions (for maintaining views, etc.) must be approved by the Landowner Association or Governing Board of the Residents Association.
ARTICLE VII EASEMENTS THROUGH COMMON LAND
Section 1. Authority.
The Governing Board of the Residents Association and the Landowner Association are hereby empowered and authorized to grant perpetual sixty (60) foot roadway easements and certain twenty-five (25) foot easements over, under, and through any of the common property for the purpose of constructing, operating, maintaining and/or removing electric, water, and/or sewer lines and related facilities, as well as pedestrian paths or other common uses of the land. The Governing Board of the Residents Association and the Landowner Association are also empowered to grant easements which are necessary for similar uses but not necessarily described herein.
Section 2. Conveyance.
Union Acres Landowner Association Inc. or the Residents Association may convey reserved utility easements to an appropriate utility company, or companies.
Section 3. Ingress and Egress.
All Landowners agree to convey such roadway easements to the State at such time as the Governing Board of the Residents Association should decide to transfer (and the State should decide to accept) title to such roadway easements.
Section 4. Traffic.
All traffic on roadway easements shall be subject to the reasonable regulation of the Governing Board of the Residents Association.
ARTICLE VIII COMMERICIAL VENTURES ON COMMON LAND
Section 1. Areas.
The Landowner Association shall establish certain areas located on the common land in which the operation of commercial business ventures for profit shall be allowed.
Section 2. Assessments for businesses.
The Governing Board of the Residents Association shall assess the owners and operators of commercial business ventures a proportionate share of the cost of maintaining common roadways.
ARTICLE IX COVENANTS, RESTRICTIONS, AND AFFIRMATIVE OBLIGATIONS ON LOTS
Section 1. Description.
This article refers to lots one (1) through twenty-four (24) of Union Acres described in Survey Plat for Union Acres Landowners Association Inc. recorded in the Jackson County Resgister, Cabinet 4 at Slides 927, 928 & 943.
 
ARTICLE X PROHIBITED ACTIVITIES
Section 1. General Provisions.
No noxious or offensive activity shall be carried upon any part of the land. Nothing shall be done on the land which may be or become an annoyance or nuisance to the neighborhood. The provisions of this article shall not be construed to prohibit farming activity.
Section 2. Animals.
No dangerous or destructive animals shall be allowed on the land. The Governing Board of the Residents Association shall supervise control of any offensive activity of animals.
Section 3. Hunting.
No hunting shall be allowed on any part of the land, except for protection from a dangerous or poisonous creature.
Section 4. Weapons.
No discharge, use, or display of guns or other weapons shall be allowed on the land, except for self-protection, as allowed by law.
Section 5. Vehicles.
No noxiously loud or dangerous vehicles shall be operated on the land.
Section 6. Illegal Drugs.
No illegal drugs of any kind shall be possessed or cultivated within the Development.
Section 7. Herbicides, pesticides.
No herbicides or pesticides shall be allowed for garden cultivation purposes except as authorized by the Landowner Association or Governing Board of the Residents Association.
Section 8. Commercial Operations on Lots (excluding common areas).
No commercial chicken houses, factory farms, retail stores, or commercial enterprises that generate regular daily traffic even on a seasonal basis shall be allowed. With respect to business use, an office or shop maintained in the home which does not interfere with the quiet enjoyment of neighboring property owners nor create regular or excessive traffic is not to be considered as a violation of these restrictive covenants. In maintaining said office or shop, commercial signs or directions to properties will not be allowed.
Section 9. Access Routes.
Temporary or permanent access routes which would connect parcels on the perimeter of the land to public  roads are specifically prohibited, unless authorized by the Landowner Association or Governing Board of the Residents Association in writing.
Section 10. Creeks.
No diversion of water from existing natural creeks or springs unless prior approval is granted in writing by the governing Board of the Residents Association or Landowner Association.
Section 11. Waste Water.
No sewerage or waste water shall be emptied or discharged directly into any steam, creek, or ravine, or onto open ground.
Section 12. Road Damage.
All property owners shall install adequate culverts when constructing driveways intersecting with streets or roads, to prevent flooding or washing out of said roads. Damage caused by inadequate culverts or by heavy trucks and equipment shall be repaired at the expense of the responsible landowner.
Section 13. Unkempt Conditions.
It shall be the responsibility of each and every owner to prevent the development of any unclean, unsightly,  or unkempt conditions of buildings and grounds which shall tend to substantially decrease the beauty or value of the neighborhood, in whole or in part.
Section 14. Removal of Trees.
No removal of any trees from the Common Land unless authorized by the Landowner Association or Governing Board of the Residents Association. No more than 25% of the contiguous area or part thereof of each lot shall be cleared or cut. No trees within any nature trail or roadway easement shall be cleared or cut unless authorized by the Landowner Association or the Governing Board of the Residents Association.  Such easements must be left in their natural state except for brambles, poisonous plants, dense vines, or other use-inhibiting vegetation, as defined by the Landowner Association or Governing Board of the Residents Association. Exceptions (eg. For maintaining views, etc.) must be approved by the Landowner Association or Governing Board of the Residents Association. Trees on the remaining 75% of land on each lot shall be protected as set forth herein: No tree over 12 inches in diameter shall be removed from any land subject to these Covenants and Restrictions unless one or more of the following conditions are present:
  1. Necessity to remove trees which pose a safety hazard to buildings;
  2. Necessity to remove trees which pose a safety hazard to pedestrian or vehicle traffic or threaten to cause disruption of community services;
  3. Necessity to remove diseased trees or trees weakened by age, storm, fire, or other injury;
  4. Necessity to observe good forestry practices, i.e. the number of healthy trees that a given parcel of land will support;
  5. Necessity to remove trees for easements for the purpose of constructing, operating, maintaining, and/or removing any electric, water, and/or sewer lines and related facilities as well as pedestrian paths.
  6. Any other special exception, such as farming activity, must first be authorized by the Landowner Association or Governing Board of the Residents Association.
 
Section 15. Enforcement.
Following written notice by any member or agent of the Landowner Association or the Residents Association, violations of these provisions are subject to liquidated damages of up to $100 per day for each violation until the condition is corrected. Violation for the prohibited removal of trees is subject to liquidated damages of up to $50 for each one inch of diameter of all trees removed and up to 20 cents per square foot of prohibited clearing. All fines may be revalued every year to reflect any upward change in the  consumer price index.
The above restrictions may be enforced with or without legal action by the Governing Board of the Residents Association or Landowner Association. The Governing Board of the Residents Association or Landowner Association shall be the exclusive judge of the nature of all violations.
ARTICLE XI DENSITY FOR LOTS
Section 1. Lot Size.
No lot owner(s) shall subdivide, sell, or convey any part of said lot and premises less than the whole thereof.
Section 2. Dwellings.
No more than one primary and one secondary residence per four-acre lot. A secondary residence shall be no more than 1200 square feet. No more than one residence per one-acre lot or two-acre lot. Said premises and lands shall be used for residential purposes and single-family dwellings only, and not for business, manufacturing, commercial, or apartment house purposes.
Section 3. Construction.
Any dwellings, outbuildings, and structures subsequently attached to or built apart from the main residence will be substantial and conform architecturally to the main building.
ARTICLE XII EASEMENTS THROUGH LOTS
Section 1. Roadways and Nature Trails.
The Landowner Association is hereby empowered and authorized to grant perpetual easements within thirty (30) feet of the survey boundary of any lot for the purpose of establishing roadways and nature trails.  Lots may border or contain such roadway easements and/or nature trails established for the common use and enjoyment of the community.
Section 2. Utilities.
The Landowner Association and the Governing Board of the Residents Association are hereby empowered and authorized to grant perpetual easements within twenty-five (25) feet of the survey boundary, over, under, and through any lots for the purpose of constructing, operating, maintaining, and/or removing any electric, water, or sewer lines or related facilities.
Section 3. Conveyance.
The Landowner Association or Governing Board of the Residents Association may convey the reserved utility easements to an appropriate utility company or companies.
Section 4. Use and Maintenance by Owners.
Areas of a lot affected by reserved easements shall be maintained by the lot owner, but no structures, plantings, or materials shall be placed or permitted to remain, or other activities be permitted thereon, that may damage or interfere with the use of the easements for the purposes set forth above.
Section 5. Liability for Use of Easements.
No owner shall have any claim or other cause of action against the Landowner Association or Residents Association arising out of the exercise or non-exercise of any reserved easement, except in cases of willful or wanton misconduct.
Section 6. Ingress and Egress.
All landowners agree to convey such roadway easements to the State at such time as the Governing Board  of the Residents Association should decide to transfer (and the State should decide to accept) title to such roadway easements.
ARTICLE XIII ARCHITECTURAL CONTROL ON LOTS
Section 1. General Provisions.
No mobile homes, trailers, shacks, temporary structures, or materials such as non-operating vehicles, building materials, or trash shall be visible from any common easement. Natural barriers such as hedgerows are acceptable for camouflage purposes.
ARTICLE XIV TRANSFER OF LOT TITLE
Section 1. Right of Enjoyment.
Every member of the Landowner Association or Residents Association abiding by the These fees no longer  apply. property, and such easement shall be appurtenant to and shall pass with the title to each purchasing unit.
ARTICLE XV INITIAL LANDOWNER FEE 
(Note to new and prospective Union Acres landowners:
Fees described in Article XV no longer apply. These fees were applied in the initial development  phase and have already been assessed. All lots have been initially sold and are now available for resale, so we are skipping forward to Article XVI.)
ARTICLE XVI ASSESSMENTS
Section 1. Method.
Monthly and/or special assessments upon each landowner shall be levied by the Governing Board of the Residents Association. The fee shall be $20 per month for each occupied residence and an additional $5 per month for each resident over three years of age residing therein. Special user-fees may be charged to visitors or temporary residents for enjoyment of common land and property. Said assessments may be reviewed annually to reflect an upward change in the consumer price index.
Section 2. Purpose.
Moneys from monthly and/or special assessments shall be administered by committees appointed by the Residents Association for the purpose of promoting the health, safety, and welfare of the residents of the community and, in particular, for the payment of land taxes on common land and for the improvement and maintenance of roadways in a condition so as to enable two-wheel drive vehicle ingress and egress on a year-round basis. Remaining funds shall be used for the improvement and maintenance of other properties,  services, and facilities devoted to the use and enjoyment of the community.
Section 3. Suspension.
The failure of any resident to pay annual and/or special assessments may result in the withdrawal of certain privileges to use and enjoy common property at the discretion of the Governing Board of the Residents Association. Neither the Landowner Association nor the Residents Association shall be required to transfer membership on its books, or to allow the exercise of any rights or privileges of membership on account thereof to any owner or to any persons claiming under an owner unless all fees and assessments to which they are subject have been paid in full.
Section 4. Exceptions Regarding Assessments on Residents during Early Years.
Until 80% of lots in the Development are sold, or January 1, 1991 (whichever comes sooner) the Landowner Association shall pay for construction and maintenance of roads and common property. Accordingly, until the end of that time, there shall be no monthly assessments by the Residents Association.
ARTICLE XVII LIENS
Section 1. Creation of the Lien and Personal Obligation of Assessments.
Each owner of a parcel hereby covenants by acceptance of a deed or contract for deed, whether or so expressed therein, to pay the Landowner Association a fixed fee as provided in Article XV, and to pay the Residents Association monthly or special assessments as provided in Section 1 of Article XVI. Assessments upon residents shall be fixed, established, and collected from time to time as established by the Residents Association. Each parcel of land shall be subject to a lien hereinafter referred to. No lien or personal obligation shall arise from a special assessment unless the Residents Association can certify that the owner of each parcel so assessed has had adequate notice of the assessment. The assessments, together with interest and costs of collection, shall be a charge on the land and shall be a continuing lien on the property against which each assessment is made. Each assessment per occupied residence, together with interest and cost of collection shall be the personal obligation of the property owner(s).
Section 2. Collection of Liens.
If any assessment is not paid within thirty (30) days after the due date, the Association may file a notice of the lien with the Clerk of Superior Court in Jackson County (and the notice shall be filed not later than one hundred twenty days from the due date of the assessment). In such instance, the services rendered by the Association for the benefit of the lot for which an assessment is levied shall be deemed to have been performed on the due date of the assessment and to “improve” the lot or create an “improvement” to the lot as defined in Chapter 44A, Article 2, Part 1, of the General Statutes of North Carolina; the lien arising therefrom shall constitute a “lien of Mechanics, laborers and material men dealing with the owner,” and the lien may be perfected and enforced pursuant to the provisions of Part 1. Any action to enforce the lien may, at the Association’s option, include a prayer for collection of assessments levied against the lot after the filing date of the notice of claim of lien. The Association may purchase the property at any sale thereof contemplated under Chapter 44A-14 of the General Statutes of North Carolina. The Association may, at its election, simultaneously pursue each and every other remedy that it may have available to it for the enforcement and collection of any delinquent assessments.
Section 3. Priority of Liens.
All liens provided for in this or any other Article contained in this Declaration of Covenants and Restrictions shall be absolutely subordinate to the lien of any first mortgage placed upon the property subject to these covenants and restrictions or any other statutory lien having priority or otherwise provided by law.
Section 4. Estoppel and Proof of Payment.
Upon request, the Association shall furnish to any member a written statement certifying the amount of assessments levied against a member’s lot and the balance of assessments then due. The written statement shall estop the Association from making any contrary claims against any person or entity (other than the requesting member) who takes affirmative action and detrimental reliance upon the statement.
ARTICLE XVIII ENFORCEMENT OF COVENANTS, RESTRICTIONS, & AFFIRMATIVE OBLIGATIONS ON LOTS AND ON COMMON LAND
Section 1. Covenants and Restrictions Binding; Term.
The Covenants and Restrictions of this Declaration shall run with and bind the land. For a period of thirty months from the date of this declaration, they shall inure to the benefit of and be enforceable by the Declarants or the Landowner Association and members thereof. During this period, the covenants, restrictions, and affirmative obligations on lots sold in the Development may be terminated at any time by the Declarants. After such time they shall inure to the benefit of and be enforceable by the Residents Association and any member thereof or their respective heirs, successors, and assigns for a period of twenty years from the date of this Declaration, after which time said Covenants and Restrictions shall be automatically extended for periods of ten years in the event any single landowner shall request extension.
Section 2. Legal Enforcement.
If anyone bound to observe and comply with these protective covenants shall violate or attempt to violate any covenant while the same is in force, it shall be lawful for any other person owning an interest in land subject to these covenants to prosecute and proceedings at law or in equity against such violator to prevent or recover damages for such attempt or violation. Enforcement of these Covenants and Restrictions may be by legal proceeding either to restrain the violation or to recover attorneys fees and damages, and against the land to enforce any lien created by these Covenants and Restrictions.
Section 3. Community Arbitration.
In any dispute between residents, an arbitration committee may be appointed by the Governing Board of the Residents Association to investigate the problem and to report its finding to the Governing Board. The Board shall then make a decision, binding upon the members involved, which will resolve the problem, or it may empower the arbitration committee to propose a compromise solution with the members involved.
Section 4. Suspension of Privileges.
The Landowner Association or Residents Association may suspend all voting rights, if any, of any owner, and all rights of the owner to use the Association’s common land, roadways, and property, for any period during which the Association’s assessment against the owner remains unpaid, or during the period of any continuing violation of the provisions of this Declaration by an owner after the existence thereof has been declared by the Association.
Section 5. Cumulative Rights.
Remedies specified herein are cumulative, and any specifications of them shall not be taken to preclude an aggrieved party’s resort to any other remedy of law or in equity. No delay or failure on the part of an aggrieved party to invoke an available remedy in respect of a violation of any provision of this declaration shall be held to be a waiver of that party of any right available to him upon the reoccurrence or continuation of a violation or the occurrence of a different violation.
Section 6. Waiver of Minor Violations.
Minor violations of these Covenants and Restrictions may be waived by the Governing Board of the Residents Association or the Landowner Association. The failure of anyone to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, provisions, or agreements herein contained shall not be construed as a waiver or a relinquishment for any future violation.
Section 7. Severability.
Invalidation of any of the covenants or restrictions of this Declaration by judgment of court order shall in no wise affect any other provision which shall remain in full force and effect.
ARTICLE XIX AMENDMENTS
Section 1. Amendments.
Amendments to these Covenants and Restrictions may be made by mutual agreement among landowners in  the Development.
ARTICLE XX BOARD OF BUILDING STANDARDS
Section 1. Building Standards.
All landowners agree to submit building plans for homesteads, outbuildings, and/or improvements on any lot for approval by Union Acres Board of Building Standards. All members shall be informed by the Board of each building standard. Approval of any plans shall not be unreasonably withheld by the Board.
Section 2. Members.
Members of the Board of Building Standards shall be appointed annually by consensus of the members of Union Acres Landowner Association or Residents Association. The Board of Building Standards shall make decisions by consensus and record the minutes of each meeting.
ARTICLE XXI EASEMENT TO CARR TRACT
Section 1. Carr Tract.
The Declarants and their successors in title reserve in perpetuity a sixty (60) foot easement for vehicular traffic from State Road 1466 along the west and north boundaries of Lot 16 of Union Acres, as described in Survey Plat recorded in the Jackson County Register, Cabinet 4 at Slide 928. This article is excluded from the powers of amendment under Article XIX.
ARTICLE XXII EASEMENT TO WILDERNESS TRACT
Section 1. Wilderness Tract.
The Declarants and their successors in title reserve in perpetuity a sixty (60) foot easement for vehicular traffic through Union Acres and through Lots 18 & 19 from State Road 1466, as described in Survey Plat for Union Acres Landowner Association and recorded in the Jackson County Register, Cabinet 4 at Slides 927, 928 & 943. This article is excluded from the powers of amendment under Article XIX.
ARTICLE XXIII REVOCATION OF NATURE TRAILS
Section 1. Revocation.
All twenty-five (25) foot Nature Trail Easements described in the Survey Plat for Union Acres Landowner  Association and recorded in the Jackson County Register, Cabinet 4 at Slides 927, 928 & 943 are hereby revoked except for the Nature Trail adjacent to the Qualla Boundary on Lots 4 & 5, (leading) to one acre designated as common land for Union Acres as described in Survey Plat for Union Acres Landowner Association and recorded in the Jackson County Register, Cabinet 4, Slide 927.
IN WITNESS WHEREOF, Declarants have executed this Declaration on the day and date first above written.
(Note to all readers: This document was signed and notorized on June 22, 1989, and was recorded in Jackson County Register on July 5, 1989 in Book 725 at Page 684.)