HomeMy WebLinkAboutBill of AssuranceBILL OF ASSURANCE
And
DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS, the undersigned, Tanner Worley (the "grantor") being the sole
owner of the following described property of in the City of Little Rock, Pulaski
County, Arkansas the East 100 feet of Lots 7, 8 and 9 in Block 10 Capitol Hill
Extension of the City of Little Rock, desires to replat said lots;
Desiring to protect the buyers and owners of said lands against the undesirable
uses of residential property that can detract from or deter the enhancement of the
neighborhood, have caused a Plat of said lands, dividing the same into tracts, to be
filed for record in as Instrument No. , of the Plat Records of Pulaski
County, Arkansas, grantor does hereby cause the following restrictions to be
recorded to make said lands more attractive to home buyers and sound for investors.
Grantor does hereby certify that he has replatted said real estate in accordance
with said plat. The land embraced in said Plat shall forever be known as Cottages on
Park II and each and every deed of conveyance for any lot in said subdivision
describing the same by the lot number shown on said Plat shall forever be deemed a
sufficient description thereof. Said land herein platted, and any interest therein shall
be held, owned and conveyed subject to and in conformity with the following
covenants, to -wit:
1. AREA OF APPLICATION: These covenants shall apply to those
lands designated as: Cottages on Park I1, Lots 9A-9E, and all easements indicated
on the replat filed herein.
2. LAND USE AND BUILDING TYPE: No lot shall be used except for
residential purposes. No building shall be erected, altered, placed, or permitted to
remain on any lot other than a single-family residence not to exceed three stories in
height, a private garage, and other out -buildings incidental and related to residential
use of the premises.
3. ARCHITECTURAL CONTROL: No building shall be erected,
placed, or altered on any lot until the construction plans and specifications and a plan
showing the location of the structure have been approved by the grantor as to quality
of workmanship, size of dwelling, materials, harmony of external design with
existing structures, and as to location within respect to topography and finish grade
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elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to
any street than the minimum setback line unless similarly approved. There will be
no chain link fences erected. The grantor shall approve all fences and outbuildings
constructed.
4. NUISANCES: No noxious or offensive activity shall be carried upon
any lot nor shall anything be done therein which may be or may become an
annoyance or nuisance to the neighborhood.
S. TEMPORARY STRUCTURES: No structure of a temporary
character, trailer, basement, tent, shack, garage, barn, storage unit or other
outbuilding shall be used upon any lot at any time as a residence, either temporarily
or permanently, or for any other purpose.
6. SIGNS: No sign of any kind shall be displayed to the public view on
any lot except one professional sign of not more than five feet squared, advertising
the property for sale or rent, or signs used by a builder to advertise the property
during construction and sales period.
7. OIL AND MINING OPERATIONS: No oil drilling, oil development
operations, oil refining, quarry, or mining operations of any kind shall be permitted
on the property or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation,
or shafts be permitted upon or in any lot. No derrick or other structure designed for
use in boring for oil or natural gas shall be erected, maintained, or permitted upon
any lot.
8. LIVESTOCK AND POULTRY: No animals, livestock, or poultry of
any kind shall be raised, or kept on any lot, except that dogs, cats, or other household
pets may be kept provided that they are not kept, bred, or maintained for any
commercial purpose.
9. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or
maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall
not be kept except in sanitary containers. All equipment used for the storage or
disposal of such material shall be kept in a clean and sanitary condition. All trash,
garbage and recycling containers shall at all times be kept toward the rear of the lot
or shall be screened from view of the street by appropriate landscaping, enclosure or
fencing approved by grantor; provided however, that such trash or recycling
containers may be moved on collection days to the street so long as they are returned
promptly after the trash or recycling has been collected. Grantor is not liable for any
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damage to any driveway, structure, landscaping outbuilding or property caused by
or associated with garbage/trash/recycling pickup.
10. UTILITIES: The buyer/owner of any lot shall install and maintain, in
conformity with applicable code requirements, all utility services, including, if
available, underground electrical, water, cable and telephone service between the
point of delivery of such utility service as located by the utility company and the
point of use of such buyer. No individual water supply system or individual sewerage
disposal system shall be permitted to be constructed or operated in any of the lots
platted hereby. No television dish, antennae or similar equipment shall be installed
on any of the lots platted hereby without the prior written consent of the owner and
developer.
11. DRIVEWAYS: All access to residences shall be through driveways or
other paved areas intended for vehicular use which shall be surfaced with such
materials as are approved by the grantor. All owners are liable for maintaining their
driveway located on their lot. All personal property of an owner shall be stored
within the improvements on a lot and not on the driveway area.
12. PARKING AND STORAGE OF MOTOR HOMES OR OTHER
VEHICLES: No motor home, camper trailer, motorcycle, travel trailer, bus, utility
trailer or trailer of any kind, boat or boat trailer or other watercraft, ATV, motorized
go-carts, lawn mowers, tractors, tools, construction machinery or equipment,
nonfunctioning vehicle or other personal property shall be permitted to be parked or
stored on any lot.
13. CONSTRUCTION: All buildings constructed on said lots shall be
constructed no nearer to the street than the building line shown on the plat, and all
buildings shall be constructed in conformance with the Building Code and Zoning
Ordinance of the City of Little Rock, Arkansas.
13. TERMS: The filing of this Bill of Assurance and plat for record in the
Office of the Circuit Clerk and exofficio Recorder of Pulaski County shall be a valid
and complete delivery and dedication of the streets and easements shown on the said
plat. These Covenants are to run with the land and shall be binding on all parties and
all persons claiming under them for a period of twenty five (25) years from the date
these covenants are recorded, after which time, said covenants shall be automatically
extended for successive periods of ten years. This Bill of Assurance may be
amended or terminated at any time from the date hereof by the unanimous written
agreement of 80% of the lots subject to this Agreement. Grantor reserves the right
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to modify or amend this Bill of Assurance or amend the replat so long as she has
ownership of at least two lots. The parties are mindful of the decision in Rausch
Coleman Homes, LLC v. Brech, Ark. App. 225 (the "Decision") and do not wish for
the Decision to limit the ability of the parties to amend this Bill Assurance at any
time and from time -to -time.
14. ENFORCEMENT: The restrictions, covenants and provisions herein
set forth shall run with the lots platted hereby and shall bind grantor, her heirs,
successors and assigns and any person, natural or artificial, hereinafter owning any
of the lots platted hereby. The grantor, developer and any future owner of any of the
lots platted hereby shall have the right to sue for and obtain an injunction, prohibitive
or mandatory, to prevent the breach or to enforce the observance of, the restrictions
set forth herein, in addition to any ordinary legal action for damages. Failure of the
grantor, owner, developer, or future owner of any of the lots platted herein to enforce
any of the restrictions set forth herein at the time of its violation shall not be deemed
a waiver of the right to do so thereafter. Enforcement may be by proceedings at law
or in equity against any person or persons violating or attempting to violate any
covenant, either to restrain violation or to recover damages.
Owners expressly agree to abide by injunctions without necessity of bond in
order to simplify judicial proceedings to remedy covenant violations. In addition, if
a judicial action is necessary to prohibit a covenant violation, and a violation is
established the violator(s) shall pay and agree(s) to pay all cost of the enforcement
proceeding, including all attorneys' fees, trial and pretrial expenses, including expert
costs and fees, deposition costs and fees, discovery costs and fees, and all other court
costs.
15. YARDS AND LANDSCAPING: Landscaping shall be installed
within 90 days of completion of the residence. The entire yard shall be sodded grass
or landscaped.
16. SIDEWALKS: If required by the City, the buyer/owner of any lot
shall install sidewalks on the purchased lot in accordance with the specifications as
set forth by the City of Little Rock. If the City requires the developer or grantor to
install sidewalks the buyer/owner shall reimburse the developer or grantor for all
costs associated therewith including, but not limited to cost of construction,
attorneys' fees and costs.
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17. SEVERABILITY: Invalidation of any of these covenants by
judgment or court order shall in no way affect any of the other provisions hereof,
which shall remain in full force and effect.
WITNESS our hands and seals this day of November, 2020.
Owner: Tanner Worley
Ta er Worley
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ACKNOWLEDGEMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
On this day of July, 2019, before me a Notary Public, duly
Commissioned, qualified and acting, within and for the County and State appeared
in person the within named and to me personally well known, who stated that she is
fully authorized in his respective capacity to execute the foregoing instrument
further stated and acknowledge that she had so signed, executed, and delivered said
foregoing instrument for the consideration, uses and purposes therein mentioned and
set forth.
In testimony whereof, I have hereunto set my hand and official seal this
day of July, 2019.
Notary Public
My commission expires
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