HomeMy WebLinkAboutBill of Assurance 0616211
Bill of Assurance
Pleasant Run
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, PCQ MANAGEMENT, an Arkansas corporation referred to herein as “Developer”, is
the owner of the following property:
SEE EXHIBIT “A”
Pulaski County, Arkansas (“Pleasant Run”); and
Whereas, Developer has caused to be incorporated Pleasant Run Property Owners Association,
Inc. for the purpose of administering and enforcing the covenants and restrictions set forth in this
Bill of Assurance and maintaining and preserving the common areas, roadways and amenities in
Pleasant Run and such additional properties as may be dedicated by the Developer pursuant to
the provisions of this Bill of Assurance; and
Whereas, all owners of lots within Pleasant Run will be members of Pleasant Run Property
Owners Association as provided for herein: and
Whereas, it is deemed advisable that all the property shown on the Plat hereinafter mentioned be
subdivided into building lots, tracts, and streets as shown on the Plat, and that said property be
held, owned and conveyed subject to this Bill of Assurance in order to enhance the value of
Pleasant Run and such additional phases.
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 Rasburry Surveying LLC, Professional Land Surveyors dated
and showing the boundaries and dimensions of the property now being subdivided into lots, tracts,
and streets (the “plat”).
There is shown on said Plat certain easements for drainage, and 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 such easements, and to have free ingress and egress for the installation,
maintenance, repair, and replacement of such utility services. Additionally, Developer hereby
grants to the public utilities the right to use these dedicated areas for utility easements provided
such public improvements are maintained by said public utilities.
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
easements subject of the limitations herein set out.
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The lands designated as residential on the Plat shall be forever known as:
Lots 1 – 5,
Pleasant Run, Pulaski County, Arkansas, and any and every deed of conveyance of any lot in
Pleasant Run describing the same by the lot number and block shown on said Plat shall always
be deemed a sufficient description thereof.
The following words when used in this Bill of Assurance (unless the context shall indicate a
contrary intention) shall have the following meanings:
a) “Association” or “POA” shall mean and refer to Pleasant Run Property Owners
Association, its successors, and assigns.
b) “The Property” shall mean and refer to that property described on Exhibit “A” which is
subject to this Bill of Assurance.
c) “Common Areas” shall mean the parks, pedestrian paths, playgrounds, open spaces, and
possibly bridal paths and equestrian facilities and all other real property and improvements
within Pleasant Run reserved by Developer for the common use of the owners of real
property in Pleasant Run, and the fixtures thereon and appurtenances thereof.
d) “Pleasant Run” shall mean, together with such additional properties as may be added by
the Developer pursuant to the provision of this Bill of Assurance.
e) “Site” or “Lot” shall mean and refer to any platted lot within the Property which may be
purchased by any person or owned by the Developer or any 1/5 acre of unplatted property
owned by the Developer within the Property.
f) “Owner” shall mean and refer to the record owner, except Developer, whether one or more
persons or entities, of a fee simple title to any Site or the holder of an equitable interest in
any Site which is a part of the Property, but excluding those having such interest merely
as security for the performance of an obligation.
g) “Member” shall mean and refer to any Owner who by virtue of holding fee simple or
equitable title to any Site is a member of the Association. If any Owner holds title to more
than one Site, then the Owner shall hold memberships equal to the number of Sites
owned.
h) “Architectural Control committee” shall mean the committee appointed pursuant to Section
11 of this Bill of Assurance.
i) “Board” shall mean the Board of Directors of the Association.
j) “Developer” shall mean PCQ Management, its successors and assigns.
The lands herein platted and any interest therein shall be held, owned and conveyed subject to
and in conformity with the following covenants and restrictions:
1. Additions to Pleasant Run. Additional lands of Developer may become subject to this Bill
of assurance and added to Pleasant Run in the following manner:
Developer shall have the right but not the obligation to bring within Pleasant Run additional
properties, regardless of whether or not said properties are presently owned by the
Developer, as future phases of Pleasant Run, provided that such additions become
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subject to assessments, of the Pleasant Run Property Owners Association, Inc. UNDER
NO CIRCUMSTANCES shall this bill of Assurance bind Developer to make the proposed
additions or to adhere to the provisions of this bill of this Bill of Assurance. Developer shall
not be precluded from conveying lands not subject to this Bill of Assurance free and clear
of this Bill of Assurance.
Any additional phases added to Pleasant Run shall be made by filing of record an
additional Bill of Assurance with respect to the additional property. The additional 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. In no event shall such additional Bill of Assurance revoke, modify, or add to
the covenants established by this Bill of Assurance as to the property herein described.
No entity, other than Developer or its successors and assigns, shall have the right to
subject additional lands to Pleasant Run unless Developer shall indicate in writing that
such additional lands may be included.
2. Use of Land. The residential lots 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 residential site other than a single detached single-family residence.
3. 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 Architectural Control Committee.
4. Development Control. Until ninety percent (90%) of all Sites in all Phases (and such
additional properties as may be dedicated by the Developer) or until the year 2040,
whichever last occurs, the control of the Pleasant Run Property Owners Association, shall
be by the Developer as an administrator. The Developer may, at its option, relinquish its
right and duty to act as an administrator at any time upon the filing of a written instrument
recorded in the Office of the Recorder for Pulaski County, Arkansas. Upon the happening
of any event described in this paragraph, the Developer shall delegate, convey and
transfer to the POA all authority, rights, privileges, and duties herein reserved by the
Developer.
5. POA Membership. Every person, persons or entity who owns any Site, including a builder
or contractor, shall be a member of the Association (hereinafter referred to as “member”),
and shall abide by its Articles of Incorporation, By-Laws and Rules and Regulations.
Membership shall be appurtenant to and may not be separated from ownership of any
Site. The POA shall be governed by its Articles of Incorporation and By-Laws. There shall
be only one (1) membership per lot which shall entitle the owner and the immediate
members of his household to the rights and privileges granted by this Bill of Assurance.
Provided, however; any purchaser, who possesses a valid Residential Building
Contractor’s Licensing Board at the time of the purchase and who purchases lots in
directly from the Developer for the purpose of building homes upon such lots and reselling
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such lots to the general public, shall be exempt from paying any POA dues for a period of
two years from the date of the filing of the final plat with the Pulaski County Real Property
Records or until such lot is sold to a purchaser, whichever occurs first. However, if any
subsequent purchaser possessing a valid Residential Building Contractor’s License
issued by the State of Arkansas and such license is in good standing with the State
Contractor’s Licensing Board at the time of the purchase, purchases a lot from a Licensee
for the purpose of building a home upon such lot and reselling such lot to the general
public and who is exempt from POA dues under the provisions described immediately
above, shall also be exempt from paying any POA dues for the remainder of the original
two-year period of time from the date of the filing of the final plat with the Pulaski County
Real Property Records or until such subsequent Licensee purchaser sells the lot to a
subsequent purchaser, whichever occurs first.
In addition, if any purchaser, who purchases lots in bulk, defined as more than two (2) lots
within Pleasant Run at a simultaneous closing for such lots, from the Developer for the
purpose of building homes upon such lots and reselling such lots to the general public,
shall only pay dues on two (2) lots for a period of two years from the date of the filing of
the final plat for Pleasant Run with the Pulaski County Real Property Records. In addition,
if any purchaser purchases lots in bulk from the bulk purchaser, who is exempt from POA
dues due to their bulk purchase from the Developer, shall also be exempt from paying any
POA dues for the remainder of the original two year period of time from the date of the
filing of the final plat for Pleasant Run in the Pulaski County Real Property Records. At the
point of purchase, the bulk purchaser must identify the lots that the bulk purchaser will pay
dues upon. Upon such designation, dues must be paid upon such lots, even if sold to
subsequent bulk purchaser. Thus, the lots so identified shall remain dues paying lots and
in no event shall such lots ever become exempt from the POA dues.
Any purchaser who is exempt from POA dues under the Paragraph shall be members of
the Pleasant Run POA and shall be subject to any and all rules and regulations
promulgated by the Pleasant Run POA; Provided, however, due to the fact that such
purchasers are exempt from paying dues to the POA, the exempt purchasers shall not
possess voting rights, or any other rights or privileges held by members of the POA, on
any lots that such purchaser is exempt from paying POA dues. A bulk purchaser shall
have all rights that accrue to members of the POA on any lots for which such purchaser
is paying POA dues.
6. Rights to Common Properties. Every Member shall have non-exclusive right and
easement of enjoyment in and to the Common Areas. This easement of enjoyment shall
be appurtenant to and shall pass with the title to every Site.
7. Maintenance Assessments and Liens. By acceptance of a deed or by execution of a real
estate contract, each Owner of a Site, other than the Developer, shall be deemed to
covenant and agree to pay to the POA all monthly, all annual assessments or chares and
all special assessments, together with interest and costs of collection, if any, which
amounts shall be a charge on the land and shall be a continuing lien upon the Site.
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Developer shall not be obligated for assessment or charge to the POA by virtue of its
ownership of sites. Each assessment, together with interest, cost of collection, and
reasonable attorneys’ fees, if any, shall also be the personal obligation of the Owners,
other than Developer, of the Site at the time when the assessment or special assessment
becomes due. The POA’s entitlement to lien for delinquent assessments shall survive any
transfer of title.
The lien for assessments and special assessments shall be subject to and subordinate to
the lien of any recorded first mortgage or Deed of Trust.
8. Exempt Property. The Common Areas as designated on the Plat, all Common areas
subsequently added to the Property and any areas which are designated for the common
use of the owners of Sites in a particular phase, and all portions of the Property owned or
otherwise dedicated to any municipality or political subdivision shall be exempt from the
assessments and liens of the POA.
9. Architectural Control Committee. (a) The POA shall have an Architectural Control
Committee, consisting of at least three (3) and not more than five (5) members who shall
be natural persons and who shall serve at the pleasure of the Developer. The members
of the Architectural Control Committee, and all vacancies, shall be appointed by Developer
as long as the Developer shall own any of the areas designated as residential on the Plat
or on any additional plat of future phases. Developer shall have the right to relinquish
control of the Architectural Control Committee to the POA to be overseen by its Board of
Directors, at which time the Board of Directors will establish the criteria for and the method
of selection to the Committee.
(b) Function of Architectural Control Committee. No improvement shall be constructed or
maintained upon any Site and no alteration or repainting to the exterior of a structure shall
be made and no landscaping performed unless complete plans, specifications, and Site
plans showing the exterior design, height, building material, and color scheme, the location
of the structure plotted horizontally and vertically, the location and size of driveways, the
general plan of landscaping, fencing walls and the grading plan shall have been submitted
to and approved in writing by the Architectural Control Committee. A copy of the plans,
specifications, and lot plans as finally approved shall be deposited with the Architectural
Control Committee. No trees shall be removed unless such removal is in compliance with
this bill of assurance and the Design Guidelines and rules established by the Architectural
Control Committee. The Architectural Control Committee shall have the power to employ
parties to assist it in discharging its duties to be paid by the Association. The decisions of
the Architectural Control Committee shall be final, conclusive, and binding upon the
applicant.
(c) Content of Plans and Specifications. The plans and specification to be submitted and
approved shall include the following:
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1. Site Plan (scaled 1” =30’ or larger) showing: Existing and finish contour grades, finish
floor grade, location of all improvements, structures, walks, driveways, parking areas,
fences, walls, utility connections, and if applicable, the grinder tank location.
2. Foundation Plan (scale ¼” = 1’)
3. Floor Plan (scale ¼” =1’)
4. Exterior Elevation of all sides, showing materials, grades, wall height, and roof pitch.
5. Wall Sections, showing materials, and ceiling heights.
6. Landscaping Plan (scale 1” =30’ or larger) showing: plant names, sizes, quantity,
watering system, ground cover, driveways, walks, parking areas, fences, mailboxes and
exterior illumination system.
(d) Definition of “Improvement”. Improvement shall mean and include all residences,
building, roofed structures, parking areas, fences, walls, hedges, mass planting, landscaping,
poles, towers, antennae, driveways, lakes, swimming pools, tennis courts, signs, gazebos,
changes in any exterior color or shape, glazing or reglazing of exterior windows with mirrored or
reflective glass, and any other exterior construction or exterior improvement which materially
alters the appearance of the property. The definition does not include garden shrub or tree
replacements or any other replacement or repair of any magnitude which does not materially
changed exterior colors or exterior appearances.
(e) The Basis of Approval. Approval of plans and specifications shall be based on, among
other things, adequacy of site dimensions, structural design, conformity, and harmony of external
design and of location with neighboring structures and Sites, and conformity to both the specific
and general intent of the protective covenants. From time to time the Architectural Control
Committee shall establish certain architectural guidelines which shall be approved by the Board
(the “Architectural Guidelines”). All plans and specification must comply with the Architectural
Guidelines then in force and effect. However, the Architectural Control Committee may approve
exceptions to the Architectural Guidelines by unanimous vote. The current Architectural
Guidelines shall be available at the office of the POA or the office of the Developer.
(f) Majority Vote. A majority vote of the Architectural Control Committee is required for
approval or disapproval of proposed improvements. If plans and specifications are not sufficiently
complete or are otherwise inadequate, the Architectural Control Committee may reject them
entirely, partially or conditionally approve.
(g) Limitation of Liability. Neither the Developer, the POA, the Architectural Control
Committee nor any of its members shall be liable, in damages or otherwise, to anyone submitting
plans and specifications for approval or to any Owner of land affected by this Bill of Assurance by
reason of mistake of judgement, negligence or nonfeasance arising out of or in connection with
the approval or disapproval or failure to approve or disapprove any plans and specifications.
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(h) Reasonable Fee. The Architectural Control Committee may charge any Owner a
reasonable fee for its services in reviewing that Owner’s proposed plans and specifications.
10. Maintenance. (a) Duty of Maintenance. Owners and occupants (including lessees) of any
lot shall jointly and severally have the duty and responsibility, at their sole cost and
expense, to keep that lot so owned or occupied, including buildings, improvements, and
grounds in a well maintained, safe, clean and attractive condition at all times. Maintenance
includes, but is not limited to, the following:
Prompt removal of all litter, trash, refuse, and waste.
Lawn mowing.
Tree and shrub pruning
Watering
Keeping exterior lighting and mechanical facilities in working order.
Keeping lawn and garden areas alive, free of weeds, and attractive.
Keeping parking areas and driveways in good repair.
Complying with all governmental health and police requirements.
Repainting of improvements
Repair of exterior damages to improvements.
Repair of all damage to fences.
(b) Enforcement. If in the opinion of the Board of Directors of the POA, any Owner or
occupant has failed in any of the foregoing duties or responsibilities, then the Board may
provide written notice of that failure, giving the Owner or occupant thirty (30) days from
receipt to perform the care and maintenance required. Should any person fail to fulfill this
duty and responsibility within the thirty (30) day period, then the POA, through its
authorized agent or agents, shall have the right and power to enter onto the premises and
perform needed care and maintenance without any liability for damages for wrongful entry,
trespass or otherwise to any person. The Owners and occupants (including lessees) of
any lot on which work is performed shall jointly and severally be liable for the cost of the
work and shall promptly reimburse the POA for all costs. If the POA has not been
reimbursed within thirty (30) days after invoicing, the indebtedness shall be a debt of the
Owners and occupants of the lot, jointly and severally, and shall constitute a lien against
the lot on which the work was performed. This lien shall have the same attributes as the
lien for assessments and special assessments set forth in section 9 hereof, and the POA
shall have identical powers and rights in all respects, including but not limited to the right
of foreclosure.
(c) Special Assessment Fee. In addition to the maintenance provisions contained herein,
Owners must pay a special assessment fee currently scheduled as one-half the total of
current POA assessments for the maintenance of common areas, including, but not limited
to, landscaping, irrigation, billing for streetlights, maintenance of the roadways, and any
other common improvements that may be added in the future. Such fees are subject to
modification and may increase or decrease upon the POA’s sole discretion.
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12. Common Scheme Restrictions. The following restrictions are imposed as a common
scheme upon all Sites, lots, and Common Areas for the benefit of all Owners and may be
enforced by the Developer, any Owner or the POA by any remedy available at law or
equity:
(a) No garbage. Refuse, rubbish, tree limbs, leaves or cuttings shall be deposited
on any street, road, or Common Areas, nor on any Site unless placed in a container
suitable for garbage pickup.
(b) No building material of any kind or character shall be placed upon any Site
except in connection with construction approved and permitted by the Architectural Control
Committee. Construction shall be promptly commenced and diligently pursued.
(c) No clotheslines, drying yards, service yards, wood piles or storage areas shall
be so located as to be visible from a street, road, or Common Areas. Tarps and coverings
must be earth tone in color.
(d) Exterior lighting installed on any Site shall either be indirect or of such controlled
focus and intensity so as not to disturb the residents of the adjacent property.
(e) No insect, reptiles, animals or poultry shall be kept on any Site or Common
Area, except a reasonable number of ordinary domesticated household pets belonging to
the household. No commercial breeding of any animal is allowed. All pets shall at al all
times be appropriately restrained and supervised to prevent such pet from becoming a
nuisance to another owner.
(f) No signs, plaques or communication of any description shall be place on the
exterior of any Site or Common Area by an Owner unless such signs are approved by and
in compliance with the Design Guidelines established by the Architectural Control
Committee. Signs are restricted as to content, size and color by the Architectural Control
Committee.
(g) No nuisances or noxious or offensive behavior shall be allowed, nor shall any
use or practice be allowed which is a source of annoyance or nuisance to any Owner or
which interferes with any Owner’s right of quiet enjoyment.
(h) No immoral, improper, offensive, or unlawful use shall be made of the Property
or any part thereof. All laws, zoning, by-laws, and regulations of all governmental bodies
having jurisdiction shall be observed
(i) No portion of a Site (other than the entire Site) may be rented, and no transient
may be accommodated therein.
(j) All areas designated as pedestrian or possible equestrian trails shall be used
solely for pedestrian and equestrian traffic and no motorized devices of any type shall be
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allowed on the pedestrian and equestrian trails, except for maintenance and construction
purposes being performed by the POA.
(k) No open garage, carport, driveway, or parking area which may be in front of,
adjacent to or part of any Site developed for single family residence purposes may be
used as a habitual parking place for commercial vehicles. The term “commercial vehicles”
shall include all trucks and all automobiles, station wagons, and vehicular equipment
which shall bear signs or have printed on the side of same reference to any commercial
undertaking or enterprise.
(l) No temporary buildings, Quonset huts, mobile homes, manufactured homes,
modular homes, trailers, RVs, motor homes, tents, shacks, or privies shall be constructed,
erected, or parked upon any Site. The word “trailer” shall refer to a house or camping
trailer which could be temporarily occupied for living purposes. This restriction shall refer
also to truck-mounted campers and travel buses, unless such trailer, erected camper,
truck-mounted camper, or travel bus is enclosed in a standard size garage. No oversize
garage for motorized or non-motorized travel trailer, bus or camper shall be allowed.
Temporary buildings, improvements, or structures used during the construction of an
improvement shall be on the same Site as the improvement and shall be removed upon
completion of construction of the improvement.
(m) No junk vehicle, commercial vehicle, trailer, truck, camper, camp truck, house
trailer, boat, ATV or other machinery or equipment (except as may be reasonable and
customarily used in connection with the use and maintenance of any improvements
located up the Property and except for such equipment and machinery as the POA may
require in connection with the maintenance and operation of the Common Areas) shall be
kept upon the Property. Except for bona fide emergencies, there shall be no repair or
extraordinary maintenance of automobiles or other vehicles. This restriction shall not apply
to vehicles, trailers, boats, ATV’s machinery, equipment, or the like stored and kept within
an enclosed storage room or garage. The POA may, in the discretion of its Board of
Directors, provide and maintain a suitable area designated for the parking of such
vehicles.
(n) The improvements built on any Site shall comply with the setback restrictions
imposed upon the Site by either the recorded Plat in the Circuit Clerk’s office of Pulaski
County, Arkansas, or by the Bill of Assurance. Setback restrictions are covenants running
with the land.
(o) Access easements for installation and maintenance of utilities and drainage
facilities paths are reserved in driveways, roads, and paths or on the side of rear of each
Site as shown in the recorded plat.
(p) Each Owner hereby grants a right of access to his Site to the POA, and
managing agent of the POA, and/or any other person authorized by the Board or the
managing agent for the purpose of making inspections or for the purpose of correcting any
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condition originating in or on his Site and threatening another Site or any Common Area,
or for the purpose of performing installations, alterations or repairs to the parts of the Site
over which said persons have control and /or responsibility for maintenance. In case of
an emergency, this right of entry shall be immediate whether the Owner is present or not.
(q) Chain link, or similar fences are in all events strictly prohibited and shall not be
used under any circumstances. All fences must be approved by the Architectural Control
Committee.
(r) No burning of refuse or leaves will be permitted.
(s) No firearms shall be discharged on the Property.
(t) No hunting shall be allowed on the Property.
13. Common Properties. (a) Subject to the provisions of sub-section (c) hereof, every
Member of the POA shall have the right and easement of enjoyment in and to the common
Areas.
(b) the rights and easements of enjoyment created shall be subject to the following:
The right of the POA to prescribe rules and regulations for the use, enjoyment, and
maintenance of the common Areas;
The right of the POA to enforce or perform maintenance as set forth in section 12
of this Bill of Assurance;
The right of the POA to borrow money for capital improvements or maintenance of
all or any part of the common Areas, and to mortgage all or any part of the Common Areas;
The right of the POA to take reasonably necessary steps to protect all or any part
of the Common Areas; and
The right of the POA to suspend the easements of enjoyment of any Member of
the POA during the time any assessment remains unpaid, and for any period not to exceed
thirty (30) days for any infraction of its published rules and regulations.
14. Roadways. All roadways are shown on the recorded plat as public rights of way. An
easement is also hereby granted for access to the Sites in the case of an emergency
created by fire, public safety, or other occurrence necessitating access to a Site by any
public utility, fire department, police department or other public agency. Additionally,
Developer herby grants to the public utilizes the right to use these areas for utility
easements provided such public improvements are maintained by said public utilities.
Subject to the provisions contained in Paragraph 11 (c) herein, the POA shall administer
the maintenance of such private access easements including all private improvements
thereon, including but not limited to landscaping, irrigation, billing for streetlights,
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maintenance of the roadways, entrance and exit gates, security apparatus connected to
such entrance and exit gates and any other common improvement that may be added in
the future. The Developer reserves the right in future phases to develop either private
roadways or roadways dedicated to the public.
15. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance
of property subject to this Bill of Assurance, each Owner, other than Developer, of a lot
shall be deemed to covenant and agree to pay any assessment, charge and/or special
assessment which may hereinafter be levied by the POA. Such amounts together with
interest, costs of collection and a reasonable attorney’s fee shall be a continuing lien on
the lot.
16. Height and Type of Residence. The residences in Pleasant Run shall be of similar size
and architectural style so as to create a neighborhood of architectural continuity. All
construction shall be approved by the Architectural Control Committee, in its sole an
absolute discretion, unless Developer issues a waiver, as described herein. No residence
shall be erected, altered, placed, or permitted to remain on any lot other than on detached
single-family residence not to exceed three stores in height.
17. Setback Requirements. Except as shown on the Plat, no structure in , including the
residence, shall be located on any lot nearer than 25 feet to the front lot line, nearer than
10 feet to the side of lot line, and nearer than 15 feet to the rear lot line, provided; however,
each lot may have a permanent “outbuilding,” which is approved by the Architectural
Control committee no nearer that 8 feet from the rear lot line; provided, such set back
requirements may be modified if such modification is approved by the Architectural control
Committee and such other regulatory agency as may be required. For the purposes of this
covenant, eaves shall not be considered as a part of the building. Where two or more lots
are acquired as a single building site, the site building line shall refer only to those
bordering the adjoining property owner.
18. Minimum Square Feet Area. The minimum square feet area for each lot is 2000 square
feet No residence shall be constructed or permitted to remain on any building site unless
the finished heated living area, exclusive of porches, patios, garages, breezeways,
exterior stairways, porte cocheres, storage areas and outbuildings, shall equal or exceed
2000 square feet. Finished heated living area shall be measured in a horizontal plane to
face of the outside wall on each level. Basement areas and garages shall not be included
in calculating square footage minimums.
19. Frontage of Residence on Streets. Any residence erected on any lot shall front or
present a good frontage on the streets designated in the Plat. As applied to inside lots,
the residence shall front on the street designated. On any corner lot, the residence shall
front or present a good frontage on both of the streets designated in the Plat.
20. Commercial Structures. No building or structure may ever be placed, erected, or used
for business, professional, trade or commercial purposes. This prohibition shall not apply
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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.
21. Outbuildings. No outbuildings or other detached structure appurtenant to the residence
may be erected on any of the lots without the consent in writing of the Architectural Control
Committee.
22. Noxious Activity. No noxious or offensive activity shall be conducted on any lot. No
garbage, trash, rubbish, tree limbs, leaves or cuttings, ashes or other refuse shall 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.
23. 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 natural gas
shall be erected, maintained, or permitted upon any building site.
24. Cesspool. No leaching cesspool shall be constructed or used on any lot.
25. Existing Structure. No existing, pre-built, manufactured, or erected building or
structure of any sort may be moved onto or placed on any of the lots.
26. Temporary Structure. No trailer, RV, motor home, tent, shack, garage, barn or other
outbuilding other than a guest house and servants quarters erected on a building site,
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.
27. Easements for Public Utilities, Drainage and Placement of Subdivision Fence.
Easements for the installation, maintenance, repair and replacement of utility services,
sewer and drainage have been donated and dedicated, said easements being of various
widths. The exact width and location of said easements are specifically described on the
Plat. No structures, buildings, or other similar improvements shall be built or maintained
within the area of such utility or drainage easement. In the event any trees, shrubbery
fences or similar improvements shall be grown, built, or maintained within the area of such
easement, no person, firm, or corporation performing necessary work and 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. In addition, Developer
possesses the right in Developer’s sold discretion to alter or widen the road contained
within the existing road right of way within. Provided; however, on any portion of the road
right of way that adjoins only lots owned by Developer, Developer possess the right, in
Developer’s sold discretion, to widen the road and road right of way.
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28. Fences. Only fences constructed of wrought iron are allowed on the front portion of
lots and such fencing shall extend no closer to the road than the front line of the house
located upon such lot. Wood style privacy fences no greater than six (6) feet in height are
allowed along the side and rear lot lines. No enclosure or part of any building of any type
or nature whatsoever shall ever be constructed, erected, placed, or maintained closer to
the front lot line than the front of the residence. Chain link or similar fences are in all the
events strictly prohibited and shall not be used under any circumstances. It is not the
intention of this paragraph to exclude the use of evergreens or other shrubbery to
landscape the front yard. Fencing of any type much be approved by the Architectural
Control Committee.
29. Sight Line Restrictions. No fence, wall, hedge, shrub or other planting which obstructs
sight lines at elevations between two and six feet above the roadways shall be placed or
permitted to remain on any corner lot within the triangular area formed by the street
property lines and a line connecting then at points fifty (50) feet from the intersection of
the street lines, or in the case of a rounded property corner, within the triangle formed by
tangents to the curve at its beginning and end, and a line connecting them at points fifty
(50) feet from their intersection. No tree shall be permitted to remain within such distances
of such intersections unless the foliage line is maintained at a height of at least eight feet
to prevent obstruction of such sight lines. The same sight line limitations shall apply on
any lot within fifteen feet of the intersection of the street property line with the edge of a
driveway.
30. Driveway Obstructions. No obstruction shall be placed in the street gutter. All
driveways or vehicular access points shall have a minimum 18-inch pipe installed for
drainage as required by Pulaski County Road department.
31. Subdivision of Lot. No lot shall be subdivided; provided however, the Developer may
subdivide a lot for the sole purpose of enhancing the size of adjoining lots.
32. Prohibition of Additional Access. No owner, agent or contractor shall lay out, construct
of provide for any access to any street or common area other than the access provided
by the Developer as reflected on the Plat.
33. Wooded Subdivision. It is Developer’s intent that Pleasant Run be a wooded
subdivision. To maintain the natural beauty of Pleasant Run, existing vegetation must be
preserved as much as possible. No trees greater than 3 inches in diameter shall be
removed or destroyed on any lot without approval by the Architectural Control Committee.
During construction, trees which are preserved shall be protected to the greatest extent
practical for damage. Barricades and fencing are strongly recommended to prevent root
compaction. Placement of dirt stockpiles or construction materials under the tree canopy
is discouraged. Trees which do become damaged during building construction should be
treated as soon as possible. After construction is completed, each lot must contain not
less than Severn (7) hardwood trees with a diameter of not less than Three inches (3”),
not less than three (3) of which the trunk line of such tree much be in the front half of any
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lot. The term “hardwood” does not include trees commonly referred to as ornamental
trees, such ornamentals, including, but no limited to, Bradford Pear, redbud, Dogwood,
Japanese Maple, and the like.
34. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind
the Owner, his successors, and assigns. All parties claiming by, through or under an
Owner covenants with the other Owners of the lots hereby restricted, and their successors
and assigns, to conform and to observe these restrictions. Developer, its successors, and
assigns, for so long as it owns lots within Pleasant Run, and 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 covenants and
restrictions of the Bill of Assurance, in addition to such other legal action for damages and
failure by any Owner of any lot or lots to observe any of the covenants and restrictions.
Any delay in bringing such action shall, in no event, be deemed to be a waiver of the right
to do so thereafter.
35. Amendments. This bill of Assurance may be amended as follows: (a) Until ninety
percent (90%) of all Sites in all Phases have been conveyed by the Developer, the
Developer shall have the right without consideration of the Owners to amend the
provisions hereof for the purpose of facilitating the marketing of Pleasant Run, or to comply
with the requirements pertaining to Pleasant Run made by financial institutions, title
companies and governmental authorities, and for any other reasonable purpose;
(b) The Developer may without consideration of the Owners amend the provisions hereof
in any manner which in the option of the Developer is necessary or convenient to clarify
the intent of the Developer, or to eliminate ambiguities herein or to correct any errors, or
to remove any inconsistencies between the Bill of Assurance and any other document
filed in connection of the development of Pleasant Run.
(c) After relinquishment of control of the development as provided in section 4 hereof, the
Owners may amend the provisions hereof by an instrument signed by a least sixty-seven
percent (67%) of all Owners of all Sites. Any amendment shall become effective only
upon being properly recorded in the Office of the Circuit clerk of Pulaski County, Arkansas.
36. General Provisions. (a) Duration. The covenants and restrictions of this Bill of
Assurance shall run with and bind the land, shall inure to the benefit of and be enforceable
by the Developer, the POA or the Owner of any land subject to this Bill of Assurance, their
respective legal representatives, heirs, successors, and assigns, for a term of fifty (50
years form the date this Bill of Assurance is recorded, after which time this Bill of
Assurance shall be automatically extended for successive periods of ten (10) years unless
an instrument terminating this Bill of Assurance signed by the then Owners of seventy-five
percent (75%) of the Sites has been recorded prior to the commencement of any ten (10)
year period.
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(b) Notices. Any notice required to be sent to any Member or Owner under the provisions
of this bill of Assurance shall be deemed to have been properly sent when mailed,
postpaid, to the last known address of the person who appears as Member of Owner on
the records of the POA at the time of mailing. Each Owner shall timely forward to the POA
a copy of his recorded warranty deed or his real estate contract and the name and address
of any mortgage holder of the Site.
(c) Severability. Invalidation of any one of the provisions of this Bill of Assurance by
judgement or court order shall in no way affect the other provisions which shall remain in
full force and effect.
(d) Attorney Fee. In any legal or equitable proceeding for the enforcement or to restrain
the violation of this instrument or any provision thereof, by refence 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.
EXECUTED this ______ day of ___________________ , 2021.
PCQ Management
By:__________________________________________
Geoff Quo, President / Owner
STATE OF ARKANSAS)
) SS ACKNOWLEDGEMENT
COUNTY OF PULASKI)
On this day personally appeared before me the undersigned, a Notary Public within and for the
county and Sate aforesaid, duly qualified, commissioned and acting, Geoff Quo, to me personally
well known, who acknowledged that he was the President / Owner of PCQ Management., a
corporation, and that as such officer, being authorized so to do, has executed the foregoing
instrument for the consideration and purposes therein contained.
WITNESS my hand and official seal as such Notary Public on the ___ day of __________, 2021.
_________________________________________
Notary Public
My commission Expires:
____________________