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HomeMy WebLinkAboutBill of Assurance 05212196 G6835 BILL OF ASSURANCE DEERBERRY NEIGHBORHOOD IN BRODIE CREEK COMMUNITY KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, WILSON DEVELOPMENT, LLC, an Arkansas limited liability company (hereinafter called "Developer") is the owner of the following property: _ PART OF THE SE4 SE4 OF SECTION 8 AND PART OF THE SW4 SW4 OF SECTION 9, T-1-N, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SE CORNER OF THE SE4 OF SECTION 8, T-1-N, R-13-W; THENCE N8900614901W ALONG THE SOUTH LINE OF THE SE.'-4 839.391; THENCE N 02025'07" W 145.481; THENCE N1304613511W 82.11' TO A POINT ON THE ARC OF A Cl) Lo CURVE TO THE RIGHT (SAID CURVE HAVING A CENTRAL ANGLE OF 2505610411 AND A RADIUS OF 610.001); THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE RIGHT TO Ay POINT WHICH IS NO3 ° 00' 411tW 273.76' FROM THE PREVIOUSLY DESCRIBED POINT; THENCE N0 9 ° 5 9' 4 31/ E 5 0.0' TO A POINT ON THE ARC OF A �-- CURVE TO THE RIGHT (SAID CURVE HAVING A mr CENTRAL ANGLE OF 28•1615911 AND A RADIUS OF 612.01); THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE RIGHT TO A POINT WHICH IS N28046'34/tE 299.05' FROM THE PREVIOUSLY DESCRIBED POINT; THENCE N4504313811E 60.0' TO A POINT ON THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A CENTRAL ANGLE OF 29006'25" AND A RADIUS OF 620.01); THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE RIGHT TO A POINT WHICH IS N62053100"E 311.59' FROM THE PREVIOUSLY DESCRIBED POINT ; THENCE N71036122"E 234.771; THENCE S8401215911E 194.821; THENCE N00033122"E 90.181; THENCE S87043'20/1E 1013.891; THENCE S0201614011W 393.631.; THENCE S27044'26"W 433.091; THENCE S53032'5711E 240.27' TO A POINT ON THE WEST R/W LINE OF BOWMAN ROAD (SAID POINT ALSO BEING ON THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE e OF 33 017' 0211 AND A RADIUS OF 435.721) ; THENCE;`` ,�kiC. �� IN A SOUTHWESTERLY DIRECTION ALONG THE ARC O�`� • r,� 'a ` ' ��-`y � 1`• SAID CURVE TO THE LEFT TO A POINT WHICH S33 °26' 1411W. 110.15' FROM THE PREVIOUSLY DESCRIBED POINT; THENCE CONTINUE ALONG TP�� � � � `{•� ••: ` `BAR),.^{ ~� 4 Scplamber 23, 19D6 ! _ �_'`.' 41 - "dy1'i.:. ARC OF SAID CURVE TO THE LEFT TO A POINT ON THE SOUTH LINE OF THE SW; SW4 OF SECTION 9 WHICH IS S16047'43"W 142.03' FROM THE PREVIOUSLY DESCRIBED POINT; THENCE N8704112811W ALONG THE SOUTH LINE OF THE SW4 SW4 OF SECTION 9 429.781; THENCE N01010147"E 330.131; THENCE N87043120"W 473.011; TO A POINT ON THE WEST LINE OF SAID S'WI,` SW;,4-; THENCE S00032158"W ALONG THE WEST LINE OF SAID SW4 SW; 329.97' TO THE POINT OF BEGINNING, CONTAINING 40.56 ACRES, MORE OR LESS. shown on the plat, hereinafter mentioned, as Lots 1-21, 69-131, 143-146 and Tracts A, B, C, and D, Brodie Creek Community, an Addition to the City of Little Rock, Arkansas (the "Deerberry Neighborhood"); and WHEREAS, the Deerberry Neighborhood is part of the community known as the Brodie Creek Community and is subject to those certain Covenants and Restrictions filed � - ,2 41 _ 1::P ` in the office of the Circuit Clerk of Pulaski County as Instrument No.�� L (the "Covenants and Restrictions"); and WHEREAS, Developer has caused to be incorporated Brodie Creek Property Owners Association, Inc. for the purpose of administering the maintenance of the common area and amenities in Brodie Creek; and WHEREAS, all owners of lots within the Deerberry Neighborhood will be members of Brodie Creek Property Owners Association, Inc. as provided for in the Covenants and Restrictions; and WHEREAS, it is deemed advisable that on the plat hereinafter mentioned, be lots, tracts and streets as shown on the that said property be ,held, owned and protective covenants herein contained, value of the Deerberry Neighborhood. all of the property shown subdivided into building plat filed herewith, and conveyed subject to the in order to enhance the NOW THEREFORE, Developer, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat, showing a survey made by Patrick MCGetrick, Registered Land Surveyor dated , and bearing a Certificate of Approval executed by the Department of Comprehensive Planning of the City of Little Rock, and showing the boundaries and dimensions of the property now being subdivided into lots, tracts and streets (the "Plat"). Developer hereby donates and dedicates to the public an easement of way on, over and under the streets on said plat to be sopkm6er 23. 19% 2 used as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage access and/or utilities which Developer hereby donates and dedicates to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, sewer and cable television with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, -a-ad to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. The areas designated on the Plat as Tracts A, B, C, and D are hereby donated and dedicated by Developer to the owners of lots within the Brodie Creek Community with the right to use these areas for utility, drainage, buffer, park and aesthetic purposes. The areas shown on the Plat as alleys are hereby donated and dedicated by Developer to the owners of lots within Brodie Creek Community with the right to use the alleys for ingress and egress to the lots serviced by same. Brodie Creek Property Owners Association, Inc. shall maintain such areas and improvements at its sole cost. Additionally, Developer hereby grants to the public utilities the right to use these areas for utility and drainage easements provided such improvements are maintained by said public utilities. No improvements shall be placed on the areas designated as Tracts A, B, C, and D other than improvements for those designated purposes, unless first approved by the appropriate agencies of the City of Little Rock, Brodie Creek Property Owners Association, Inc. and the Town Architect as provided for in the Covenants and Restrictions and By -Laws of Brodie Creek Property Owners Association, Inc. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "Lots 1-21, 69-131 and 143-146, and Tracts A, B, C, and D, Brodie Creek Community, an Addition to the City of Little Rock, Arkansas" and any and every deed of conveyance of any lot in the Deerberry Neighborhood describing the same by the number shown on said Plat shall always be deemed a sufficient description thereof. Said lands herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants: 1. Additions to Deerberry Neighborhood. Additional lands of Developer may become subject to this Bill of Assurance and added to Deerberry Neighborhood in the following manner: Developer shall have the right but not the obligation to bring within the Deerberry r:=go�1.m. s.ftaia. 23, 19% 3 Neighborhood additional properties, regardless of whether or not said properties are presently owned by Developer, as future phases of the Deerberry Neighborhood, provided that such additions are in accord with the conceptual plan of development for the Deerberry Neighborhood (the Conceptual Plan") which has been prepared prior to the date of this Bill of Assurance and prior to the sale of any lot in the Deerberry Neighborhood and is maintained in the office of Developer and provided such proposed additiorm-,-if made`, become subject to assessments of the Brodie Creek Property Owners Association, Inc. for their share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Conceptual Plan bind Developer to make the proposed additions or to adhere to the Conceptual Plan or any subsequent development plan shown on the Conceptual Plan. Nor shall Developer be precluded from conveying lands in the Conceptual Plan not subject to this Bill of Assurance or any supplement free and clear of this Bill of Assurance or any supplement thereto. Any additional phases added to the Deerberry Neighborhood shall be made by filing of record a supplemental Bill of Assurance with respect to the additional property and shall extend the covenants and restrictions of this Bill of Assurance to said additional property and the owners, including Developer, of lots in those additions shall immediately be entitled to all rights and privileges provided in this Bill of Assurance. The Supplemental Bill of Assurance may contain such complimentary additions and modifications of the provisions of this Bill of Assurance necessary to reflect the different character, if any, of the added properties as are not inconsistent with the plan of this Bill of Assurance. In no event, however, shall such supplement, revoke, modify or add to the covenants established by this Bill of Assurance as to the property herein described. No entity, other than Developer, shall have the right to subject additional lands to the Deerberry Neighborhood unless Developer shall indicate in writing that such additional lands may be included. 2. Architectural Control. No improvement shall be constructed or maintained upon any lot and no alteration or repainting to the exterior of a structure shall be made and no landscaping performed unless approved by the Town Architect or Community Design Committee as provided for in the Covenants and Restrictions. 3. Use of Land. The land herein platted shall be held, owned and used only as residential building sites. No structures shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence. 4. Common Amenities. The areas designated on the Plat as Tracts A, B, C, and D and the alleys and all improvements thereon, including but not limited to, all walls, lighting, irrigation and landscaped areas shall be maintained by the Brodie Creek Property f-.'6= WA6M1.bn Sapk mbcf M, 19% 4 Owners Association, Inc. except for public utility improvements which are maintained by such public utilities. 5. Delegation of Authority. Developer has caused the formation of the Brodie Creek Property Owners Association, Inc., a nonprofit corporation. Developer shall have the right, but not the obligation, by a written instrument recorded in the Office of the Recorder for Pulaski County, Arkansas, to debate, convey and transfer to such corporation all authority, rights, privileges and duties reserved by Developer in this Bill of Assurance. 6. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance, each owner of a lot within Deerberry Neighborhood shall be deemed to covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Brodie Creek Property Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the Brodie Creek Community, in particular for the acquisition, servicing, improvement and maintenance of common properties and facilities which may be hereafter dedicated for use by Developer or otherwise acquired by the Brodie Creek Property Owners Association, Inc., which amount together with interest, costs of collection and a reasonable attorney's fee, shall be a continuing lien upon the lot. 7. Height and Type of Residence. The residences in Deerberry Neighborhood shall be of compatible size and architectural style so as to create a neighborhood of architectural continuity. All construction shall be approved by the Town Architect, as further provided for in paragraph 2 of this Bill of Assurance. No residence shall be erected, altered, placed or permitted to remain on any lot in the Deerberry Neighborhood other than one detached single-family residence not to exceed three stories in height. a. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or the side street line than the minimum building setback lines shown on the Plat; provided, such setback requirements may be modified if such modification is approved by the Town Architect, and any necessary agency of the City of Little Rock including, if required, the Little Rock Planning Commission or the Little Rock Board of Adjustment, and such other regulatory agency as may succeed to their functions. No building shall be located on any lot nearer than a distance of five (5) feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building. 9. Frontage of Residence on Streets. Any residence erected on any lot in the Deerberry Neighborhood shall front or present a r.%a=yoWjUsw1.b= good frontage on the streets designated in the Plat, and for this purpose as applied to all inside lots, it shall mean that the residence shall front on the street designated, and on any corner lot it shall mean that the residence shall front or present a good frontage on both of the streets designated in the Plat. 10. Commercial Structures. No building or structure of any type, except for . any structure used by the Deve-1wer as -a sales center, may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to the Deerberry Neighborhood. 11. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Town Architect. 12. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other refuse be thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any site unless placed in a container suitable for garbage pickup; nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. 13. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any building site. 14. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 15. Existing Structure. No existing, erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 16. Temnorary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. &*W=b" M, 19% 6 M 17. Easements for Public Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said easements being of various widths, reference being hereby made to the Plat filed herewith for a more specific description of width and location thereof. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the ared-•of suclr utility or drainage easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such easement, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 18. Pronerty Lines and Boundaries. Iron pins have been set on all lot corners and points of curve and all lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat filed herewith is centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by the established pins, the pins as set shall control. r 19. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the gutterline not more than two inches above the gutter grade. 20. Ground Frontage. For a term of twenty (20) years from the date hereof (i) no lot shall be subdivided nor shall any one or more lots be replatted into a single lot and (ii) no owner shall purchase multiple lots and build a single residence on such lots unless the written consent of Developer has been given and filed of record in Pulaski County, Arkansas. 21. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns. All parties claiming by, through or under the present owner shall be taken to covenant with the owner of the lots hereby restricted, and its successors and assigns, to conform to and observe these restrictions. No restriction herein shall be personally binding upon any corporation, person or persons, except with respect to breaches committed during its, his or their term of holding title to said land. Developer, its successors and assigns, and also the owner or owners of any of the lots hereby restricted 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 the restrictions above set forth, in addition to ordinary legal action for damages and failure by any owner or owners of any lot or lots in this addition to observe any of the Seprmber 23, 19% 7 restrictions herein. Any delay in bringing such action shall, in no event, be deemed to be a waiver of the right to do so thereafter. 22. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrtuuent signed and acknowledged by the owner or owners of more than seventy-five percent (75%) in area of the total land contained within the Deerberry Neighborhood. •For a term of five years beginning on the date hereof, no such amendment shall be valid unless approved by the Developer. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2030 after which time each covenant in this instrument shall be automatically extended for successive periods of ten (10) years unless an instrument terminating the covenants signed by the then owners of seventy-five percent (75%) of the lots in the Deerberry Neighborhood has been recorded prior to the commencement of any ten-year period. 23. Attorney Fee. In any legal or equitable proceeding for the enforcement or to restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the prevailing party or parties shall be entitled to attorney fees in such amount as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 24. Extension. All covenants for which extension is not otherwise provided in this instrument, shall automatically be extended for successive periods of ten (10) years each unless modified, terminated or canceled as provided herein. 25. Severability. Invalidation of any restriction set forth herein or any part thereof by any order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions or any part thereof as set forth herein, but they shall remain in full force and effect. EXECUTED this 1. day of , 1996. P+CVI_":'L'j 0?i`j f�.• i 7101 IM: ;titLn staftftds requite' t+'t L:'e 0.` �i._� { .�..^•a cL'be.Jir. i ci-Cr 13"'.0itS. G' ? . > Lithe f lLomelj WAkm1.bm 8 WILSON DEVELOPMENT, LLC By: 7ZY Mary . Allison Manager ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day. before me, a Notary Public, - dvrj:y commissioned, qualified and acting within and for said county and state, appeared the within named Mary W. Allison, being the within named Manager of WILSON DEVELOPMENT, LLC, and who had been designated by said WILSON DEVELOPMENT, LLC to execute the above instrument, to me personally well known, who stated that she was the Manager of said WILSON DEVELOPMENT, LLC and was duly authorized in her capacity to execute the foregoing instrument, and further stated and acknowledged 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 seal this /Eel -day of =-Q49ra -1- : , 1996. NOTARY PUBLIOF My commission expires: r:,e=y0WAbaW.bm n, 19% 9 ku= 1 A:11.Y PART OF THE SEA SE 'A OF SECTION 8 AND PART OF THE SW'A SW'A OF SECTION 9, T-1-N, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SE CORNER OF THE SETA OF SE0 N 8, T-1-14, R- 13-W; THENCE N89o06149"W ALONG THE SOUTH LINE OF THE SE',6 839.39'; THENCE N 02025107" W 145.481; THENCE N13o46135"W 82.11, TO A POINT ON THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A CENTRAL ANGLE OF 25o56104" AND A RADIUS OF 610.00'); THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE RIGHT TO A POINT WHICH IS NO3o00141 "W 273.76' FROM THE PREVIOUSLY DESCRIBED POINT; THENCE N09o59'43"E 50.0' TO A POINT ON THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A CENTRAL ANGLE OF 28016159" AND A RADIUS OF 612.0'); THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE RIGHT TO A POINT WHICH IS N28o46'34"E 299.05' FROM THE PREVIOUSLY DESCRIBED POINT; THENCE N45o43138"E 60.0' TO A POINT ON THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A CENTRAL ANGLE OF 29o06125" AND A RADIUS OF 620.0'); THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE RIGHT TO A POINT WHICH IS N62o53'00"E 311.59' FROM THE PREVIOUSLY DESCRIBED POINT ; THENCE N71o36122"E 234.771; THENCE S84o12'59"E 194.82; THENCE N00o33'22"E 90.18'; THENCE S87o43120"E 1013.89'; THENCE S02ol6'40"W 393.63'; THENCE S27o44'26"W 433.09'; THENCE S53o32'57"E 240.27' TO A POINT ON THE WEST R/W LINE OF BOWMAN ROAD (SAID POINT ALSO BEING ON THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 33o17102" AND A RADIUS OF 435.72'); THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE LEFT TO A POINT WHICH IS S33o26114"W 110.15' FROM THE PREVIOUSLY DESCRIBED POINT; THENCE CONTINUE ALONG THE ARC OF SAID CURVE TO THE LEFT TO A POINT ON THE SOUTH LINE OF THE SW'k SW',4 OF SECTION 9 WHICH IS SI6o47'43"W 142.03' FROM THE PREVIOUSLY DESCRIBED POINT; THENCE N87o4l'28"W ALONG THE SOUTH LINE OF THE SW 'A SW'b OF SECTION 9 429.78'; THENCE N01o10'47"E 330.131; THENCE N87o43120"W 473.0l'; TO A POINT ON THE WEST LINE OF SAID SW'b SW'/; THENCE SOOo32158"W ALONG THE WEST LINE OF SAID SW'k SW'/ 329.97' TO THE POINT OF BEGINNING, CONTAINING 40.56 ACRES, MORE OR LESS.