HomeMy WebLinkAboutBill of Assurance 031924Instrument# 2019023522 Page 1 of 17
Prepared by: Trammel Estates Phase II LLC
PO Box 23670
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PRESENTED: 04-19-201910.31.46 AM RECORDED: 04-19.201910:34:33 AM
In Official Records of Terri Hollingsworth circuit/County Clerk
PULASKI CO, AR FEE $95.00
BILL OF ASSURANCE
{ AND
;,'' DECLARATION OF COVENANTS AND RESTRICTIONS
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KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Trammel Phase II, LLC, an Arkansas limited liability company ("Allottor"),
is the owner of certain lands lying in Pulaski County, Arkansas:
See Exhibit A, attached hereto and incorporated herein (the
"Property");
WHEREAS, it is desirable that all of the above -described property be platted into various
tracts, lots, and streets;
NOW, THEREFORE, the Allottor, for and in consideration of the benefits to accrue to it
and its successors and assigns, which benefits it acknowledges to be of value, has caused the land
hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made
thereof by White-Daters &_Associates, Inc., said Plat bearing the signature of the said Surveyor
and Engineer and being of record in the office of the Circuit Clerk and Ex-Officio Recorder of
Pulaski County, Arkansas, as Plat Number �201g0and the Allottor does hereby
make this Declaration of Restrictive Covenants and Bill of Assurance applicable to the Property.
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IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off,
platted and subdivided, and does hereby lay off, plat and subdivide the land herein described in
accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as:
Lots 256-269, 706-712, 803-810, Trammel Estates Phase VI -A, an Addition to the
City of Sherwood, Pulaski County, Arkansas, as shown on the Plat. Tracts 6.C,
owned and maintained by Trammel Estates Property Owners Association, Inc.,
will be used for access, drainage and utilities.
and any and every deed of conveyance of any lot or tract in said Addition describing the same by
the tract, lot, and block number shown on said Plat shall always be deemed a sufficient
description thereof.
In addition to the Lots aforesaid, the Allottor, subject to the reservations and easements
herein retained, hereby donates and dedicates to the public forever an easement of way on and
over the street rights -of -way as shown by said Plat to be used and maintained as public streets.
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In addition to said public street rights -of -way there are strips of ground shown and
dimensioned on said Plat marked variously as 'Basement," "Sewer Easement," and "Gas
Easement", which Allottor hereby donates and reserves to and for the use of any municipal
corporation or other governmental or public agency, including utility departments and
providers in the provision of utilities to the Addition and to any lands now owned or
hereafter acquired by the Allottor or the Association as well as for drainage purposes and
facilities, each such use being subject at all times to the proper authorities and to the easements
and restrictive covenants herein reserved.
Any word contained herein shall be read as the singular or the plural and as the
masculine, feminine or neuter gender as may be applicable in the particular context.
Furthermore the following words shall have the meanings attributed to them below:
(i) "Addition" means Trammel Estates Phase VI -A, an Addition to the City of
Sherwood, Pulaski County, Arkansas as shown on the Plat and each block and phase thereof
as and when thereafter platted.
(ii) "Association" means the Trammel Estates Property Owners Association,
Inc., an Arkansas not -for -profit corporation.
(iii) "Common Area" means all real property and any improvements thereon
which are or may be designated on the Plat or any subsequent plat of the Addition as a
common area, which is or may be in the future reserved for the common use of the Allottor,
its agents, employees, servants, invitees, guests, successors or assigns and any Owners, their
agents, employees, servants, invitees or guests.
(iv) "Lot" or "Lots" means any Lot or Lots shown on the Plat by number or
other comparable designation, to be used as a residential building lot.
(v) "Owner" means the record title holder, whether one or more, persons or
entities, of fee simple title to any Lot, but excluding any person or entity merely holding a lien on
or security interest in a Lot. So long as the Allottor owns a Lot the term "Owner" shall include
the Allottor unless in the context of the use of the term a contrary intention as to its meaning is
expressed.
All Owners of a Lot, and all persons, natural and artificial, claiming an interest in any
Lot, shall take their titles subject to the grants, rights, retainage, privileges and reservations
herein contained, including but not limited to, the rights of public and utilities in and to the
public streets and roads shown on the Plat and the easements shown on the Plat.
The Lots in this Addition shall be sold or conveyed by the Allottor and shall be
purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions
and provisions set forth above and as follows, each of which and all of which shall be covenants
running with the title to said Lots, and shall be binding upon any Owner and their respective
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(Instrument# 2019023522 Page 3 of 17
heirs, successors and assigns forever, in order to maintain the Lots as desirable, uniform and
suitable as residential property, to -wit:
ARTICLE I
LAND USE, BUILDING TYPE AND HEIGHT
All Lots shall be held, owned and used only for residential purposes except as otherwise
shown on the Plat. No buildings shall be erected, placed, altered, reerected or permitted to
remain on or upon any Lot other than: (i) a detached single family residence (the, "dwelling")
which shall not exceed two and one-half stories in height when seen from the front or
principal street facades, with a private fully enclosed garage for the storage of motor vehicles
owned or used by the residents (storage of commercial motor vehicles being expressly
prohibited), such garage to be of such sufficient size to adequately accommodate no less than
two (2) motor vehicles no portion of which garage space may thereafter be converted into living
space or for any other purpose without the prior written approval of the Allottor, and together
with (ii) such other improvements and outbuildings only as are incidental and related to the
residential use of the Lot, only as may be approved by the Allottor in writing.
ARTICLE II
ARCHITECTURAL CONTROL
(a) Purpose. The Allottor is desirous of providing and maintaining harmony of
external design and location in relation to the surrounding structures and topography and, for
this purpose, has created an Architectural Control Committee that has the duties, obligations and
responsibilities as hereinafter set forth.
(b) Architectural Control Committee. The Architectural Control Committee
(hereinafter "the Committee") shall initially consist of at least three, but not more than five,
members who shall be designated by the Allottor. Subsequent to the initial appointments, the
Allottor shall appoint all replacement members of the Committee; provided, however, the
Allottor may, at such time as it deems appropriate, release all control over appointments of
members to the Committee to the Board of Directors of the Association by execution of an
instrument to such effect in recordable form. Neither the Allottor, nor the Committee shall be
liable in damage to any person submitting requests for approval or to any Owner within the
Addition by reason of any action, failure to act, approval, disapproval, or failure to approve
or disapprove, with regard to any request hereunder. All decisions of the Committee shall be
by a majority vote of the members of the Committee. The identity of the members of the
Committee and all replacement members thereof shall be disclosed by an instrument in
recordable form executed by the Allottor or, after release of control by the Allottor to the
Association, then the President of the Board of Directors of the Association, as the case
maybe.
(c) Requirements Before Construction. No dwelling, building, structure or other
improvements shall be erected, placed, altered, reerected or permitted to remain on or upon
any Lot ("Proposed Construction") until the Proposed Construction thereof, including but
not limited to, the building plans and specifications depicting the Proposed Construction, the
exterior color schemes and the general plan of landscaping and plot plan showing the
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location and facing of such dwelling, building, structure or other improvement with respect
to existing topography, adjoining streets, and finished ground elevations have been approved in
writing by the Committee. Prior to commencement of any Proposed Construction of a
dwelling, building, structure or other improvement upon any Lot or part of any Lot located
within the Addition, the Owner of the Lot shall submit to the Committee, the documentation
itemized below in (i) through (vi) inclusive (herein referred to as the "Required
Documentation") with respect to any Proposed Construction:
(i) Plot Plan;
(ii) Floor Plan of the proposed dwelling, building, structure or other
improvement;
(iii) Front, rear, right and left elevations of the proposed dwelling, building,
structure or other improvement;
(iv) General Plan of Landscaping;
(v) Specifications reflecting the choice of exterior building materials and
color scheme of the proposed dwelling, building, structure or other
improvement;
(vi) Such other documentation as the Architectural Control Committee may
request, in its discretion.
For purposes hereof, the term "Proposed Construction" as used herein shall include, but shall
not be limited to, any of the following:
(a) new construction or reconstruction of a dwelling, building, structure
or other improvement;
(b) remodeling, repairing, replacing, adding to, repainting or modifying an
existing dwelling, building, structure or other improvement;
(c) installation, reinstallation, repair, repainting or replacement of a deck,
patio, fence or wall;
(d) construction, remodeling, repainting or reconstruction of any outbuildings,
any improvements or landscaping or other any accessory structures;
(e) construction, installation, remodeling, repairing, replacing, adding to,
repainting or modifying of storm cellars, swimming pools and
coverings therefor, and tennis courts and coverings therefor;
(f) construction, installation, remodeling, repairing, replacing, adding to,
repainting or modifying of an antenna whether on a building, structure or
on a Lot;
(g) construction, installation, remodeling, repairing, replacing, adding to,
repainting or modifying of ponds or lakes; and,
(h) and construction, installation, remodeling, repairing, replacing, adding to,
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(e) repainting or modifying installation of any sign, driveways and mail
boxes.
The Committee shall use its best judgment to see that all improvements, construction,
landscaping, and alterations on any Lots and lands within the Addition conform to and
harmonize with existing surroundings and structures, and are otherwise in conformity with
the intent of this Declaration of Restrictive Covenants and Bill of Assurance. All Required
Documentation delivered to the Architectural Control Committee shall become the property of
the Committee and shall be retained as a permanent record. The Committee shall have 30 days
from and after receipt of the Required Documentation, which receipt shall be in writing
acknowledged by a member of the Committee, to approve or disapprove by majority vote,
any aspect of the Proposed Construction. Any disapproval shall be in writing and shall specify
in detail the basis for such disapproval and, as appropriate, modifications which, if made,
will render the Proposed Construction acceptable. In the event that the Committee neither
approves nor disapproves the Proposed Construction within 30 days of receipt of the
Required Documentation, the Proposed Construction shall be deemed to be acceptable and
this provision of this Declaration shall be deemed fully complied with and the construction may
be commenced. Notwithstanding anything to the contrary herein contained, no construction of
any type or variety shall be commenced on any Lot prior to submission of all of the Required
Documentation and receipt of either written approval of the Committee or the elapse of 30
days from the date of receipt of all of the Required Documentation by the Committee without
any Committee action. Construction of any Proposed Construction approved by the Committee
or deemed approved by the Committee shall be commenced within ninety (90) days of such
approval and shall be prosecuted diligently to completion no later than eighteen (18) months after
commencement.
(d) Design Standards. As is hereinbefore stated, it is the intention of the Allottor
that the Addition be developed and maintained in a consistent and harmonious manner.
In furtherance of and in keeping with the purposes hereof, the Committee may
promulgate, from time to time, design standards (herein referred to as the 'Design
Standards"), which may be utilized in reviewing any Proposed Construction and which shall
include guidelines with respect to size, area, style, height of building, color, types of building
material, landscaping, and other similar and related matters and standards.
The Design Standards as may be promulgated and amended from time to time shall
be available for inspection at the offices of the Allottor as long as the Allottor selects the
Committee, and thereafter, shall be maintained as a permanent record in the offices of the
Association.
Each Owner of a Lot covenants, as a covenant running with the Lot, and agrees to comply
with the Design Standards in connection with any Proposed Construction and no dwelling,
building, structure or other improvement shall be erected, placed, altered, re -erected or
permitted to remain on or upon any Lot except if such dwelling, building, structure or other
improvement is constructed, maintained and repaired in conformity with: (i) the Proposed
Construction depicted in the Required Documentation as approved by the Committee, (ii) the
Design Standards in effect from time to time, and (iii) the provisions of this Declaration.
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ARTICLE III
MINIMUM PRINCIPAL BUILDING SIZE
No dwelling shall be constructed, erected, placed, altered, re -erected, or permitted to
remain on or upon any Lot unless the finished heated and cooled living area thereof, exclusive of
porches, patios, garages, breezeways, exterior stairways, porte coheres, storage areas, and
outbuildings, shall equal or exceed 1,150 square feet for any one story, split level, or multi -level
building. Finished heated living area shall be measured in a horizontal plane to the face of the
outside wall on each level.
Further, no dwelling shall be constructed, erected, placed, altered, re -erected, or
permitted to remain on or upon any Lot unless the dwelling shall have at least 6/12 roof pitch.
A roof located on a dwelling upon any Lot may be shingled with either three -tab shingles or
architectural shingles.
ARTICLE IV
BUILDING LOCATION
No dwelling or building shall be located, constructed, erected, placed, altered, reerected
or permitted to remain on or upon any Lot nearer to the front lot line or nearer to the side street
line than the minimum building setback lines shown on the Plat. No dwelling or building
shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or
upon any Lot nearer to an interior lot line than the distance in feet or part thereof equal to ten
(10%) percent of the width of the Lot at the front building line or nearer to the rear lot line
than the distance in feet or part thereof allowed by regulation or ordinance of the City of
Sherwood, Arkansas. For the purposes of this paragraph, eaves, steps, balconies, and open
porches shall not be considered as a part of the dwelling or building.
ARTICLE V
LOT AREA AND WIDTH
No Lot shall be subdivided or resubdivided or replatted without the written consent of
the Allottor, which consent may be withheld in the Allottor's sole discretion. In any event no
dwelling or building shall be erected, constructed or placed on any building site or Lot having a
width of less than 60 feet at the minimum building set back line.
ARTICLE VI
EASEMENTS
Easements on, over, under and across the streets and roads shown on the Plat filed
herewith have herein been granted to the persons, firms or entities engaged in supplying utility
services, the same being, without limiting the generality of the foregoing, electric power, gas,
telephone, cable, water and sewer, for the purpose of installing, maintaining, repairing and
replacing such utility services. Likewise easements for the installation, maintenance, repair
and replacement of utility services, sewer and drainage have herein been reserved on, over,
under and across the Lots, 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.
As various utility facilities are underground, any alterations or lowering of the surface grade
of the ground in any easement and the area immediately adjoining such easements is
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prohibited, if such alteration or lowering would result in there being less than 30 inches of
clearance either vertically or horizontally between the surface grade and any underground
utility facilities, including but not limited to, sewer, water, the underground electric cables and
conductors supplying cable, digital, telephone and electric power service; and, as the electric
distribution transformer stations and other service pedestals are located on surface grade, fills
within the area of the said easements and upon the lands adjacent thereto which will damage or
which will interfere with the installation, maintenance, operation and replacement of the cable,
digital, electric and telephone cables, facilities and equipment, and the supplying of service
from such equipment are also prohibited. No trees, incinerators, structures, buildings,
pavement, or similar improvements shall be grown, built or maintained within the area of
such utility easements, if the same shall interfere with use thereof. No excavations within the
area of such easements for the erection of any fences (wood, wire, stone, iron or brick) or for
any other purposes shall be made which would interfere with the installation, maintenance,
repair and replacement of any utility service. In the event any such trees, incinerators,
structures, buildings, fences, pavement or similar improvements shall be grown, built or
maintained within the area of such easement, no utility will 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.
ARTICLE VII
UTILITIES
The Owner of any Lot shall install and maintain, in conformity with applicable code
requirements and the Design Standards in effect from time to time, underground utility
services, including, if available, 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 Owner. No individual water supply system or individual sewerage disposal system shall
be permitted to be constructed or operated on any of the Lots. No television dish, antennae or
similar equipment shall be installed on any of the Lots without the prior written consent of the
Allottor.
ARTICLE VIII
NUISANCES
No noxious or offensive activity and no commercial business activity shall be carried
on upon any Lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the owner of any Lot. No commercial trucks or vehicles or
inoperative vehicles may be stored or parked on a Lot other than for making routine deliveries.
Owner further agrees to keep unimproved Lots free from trash, debris, and overgrown
vegetation. If such does accumulate and Owner does not promptly remove such upon
notification by Allottor, the Allottor shall have the right to perform such cleanup work as is
necessary and Owner shall reimburse Allottor for the cost thereof. PROVIDED,
HOWEVER, the sale of Lots or dwellings and the construction of dwellings, buildings,
structures and other improvements in the Addition shall not be prohibited by this Article and
the same are hereby declared permitted commercial activities.
ARTICLE IX
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TEMPORARY STRUCTURES
No mobile home or modular or manufactured housing may be erected, installed or
remain on any Lot and no trailer, basement, tent, shack, garage, barn or outbuilding erected
on a Lot covered by these covenants shall at any time be used for human habitation.
ARTICLE X
SIGNS
No sign of any kind shall be displayed to the public view on any Lot, except one sign of
not more than five square feet advertising the property for sale or rent, or signs used by a
builder or Allottor to advertise the property during the construction and sales period and in no
event shall any such signage be affixed, permanently or temporarily, to any trees.
ARTICLE XI
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 or
maintained for any commercial purpose.
ARTICLE XII
VISUAL OBSTRUCTIONS
No fence, wall, hedge, or shrub planting or other obstacle which obstructs sight lines
at elevations of more than 2 feet 6 inches above the roadways shall be placed or permitted to
remain on any comer lot within the triangular area formed by the street lines and a line
connecting them at a point 50 feet from the intersection of the street lines; or in the case of a
rounded property comer, within the triangle formed by tangents to the curve at its beginning and
end, and a line connecting them at points 50 feet from their intersection. No trees shall be
permitted to remain within such distances of such intersections unless the foliage line is
maintained at a height of 8 feet to prevent obstruction of such sight lines.
ARTICLE XIII
FENCES
No fence, wall, hedge, or mass planting shall be permitted to extend beyond the
minimum front building set back line established herein or from the side yard building line to
the street or comer lots except upon the written approval of the Allottor. To insure compliance
with the provisions of Article VI hereof as it relates to the erection of fences along utility
easements, no fence, wall, or other structure shall be erected along property lines without
approval of the design, construction, and materials by the Committee. Further there shall be no
barbed or other similar wire fences erected or placed on any Lot nor shall any chain link fence of
any type or kind be erected or placed on any lot. To insure compliance with the provisions of
Article XXV, fencing shall be constructed to allow storm water to pass under the fence. The
minimum vertical clearance between the fence and ground shall be 2 inches to allow overland
flow from adjacent properties to flow under the fence.
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ARTICLE XIV
STREET ACCESS AND DRIVEWAYS
All driveways or other paved areas intended for vehicular travel situated on any Lot shall
be surfaced with such materials as are approved by the Committee, but all at grades lowered or
raised to meet street grades with culverts installed and maintained unobstructed.
ARTICLE XV
PARKING AND STORAGE OF MOTOR HOMES, ETC.
No vehicles, motor homes, camper trailers, travel trailers, busses, utility trailers or boat
trailers shall be permitted to be parked, stored or remain upon any Lot, unless same is parked
or stored and remains in a fully enclosed stall of the garage. No vehicles, motor homes,
camper trailers, travel trailers, utility trailers or boat trailers shall be permitted to be parked,
stored or remain upon any street in the Addition.
ARTICLE XVI
EXTERIOR MAINTENANCE AND LANDSCAPING
All dwellings, buildings, structures and other improvements constructed, erected and
reerected on any Lot and all yards and landscaping thereon shall be maintained in a good state
of repair, neat and attractive manner by the Owner thereof. The Owner's maintenance
obligations shall include, but not be limited to, 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 landscaped areas (including all areas between the
lot lines and the curb lines of the streets and roads within the Addition) alive and free of weeds
and attractive, keeping parking areas and driveways in good repair, complying with all
applicable governmental rules and regulations, repainting, and repairing exterior damages. No
building or other structure shall be constructed, erected, placed, altered, reerected or permitted
to remain on or upon any Lot unless, prior to the Lot being offered for sale top soil shall be
installed, leveled and sodded with live grass sod in all yard areas of the lot, including up to the
curb line of any street or road abutting the said Lot, and shrubs shall be planted in planting
areas immediately adjacent to the dwelling, building and structure situated thereon on the front
and sides thereof. All vacant Lots shall be maintained free and clear of debris, trash and weeds.
Upon the failure of the Owner to maintain or landscape the grounds of any Lot in
accordance with the provisions hereof, the Architectural Control Committee or the
Association may, upon 30 days written notice to the Owner, cause the grass, weeds and
vegetation to be cut, when, and as often as, in its judgment is necessary, or cause appropriate
landscaping to be installed. Upon the failure of the Owner to maintain the exterior of any
dwelling, building or structure in good repair and appearance, the Committee or the Association
may, upon 6 months written notice to the property Owner, make repairs and improve the
appearance of the dwelling, building or structure in a reasonable and workmanlike manner.
For purposes of performing such maintenance as may be required hereunder, the agents or
employees of the Committee and/or the Association shall have the right, after reasonable notice
to the Owner, to enter upon any Lot at reasonable hours on any business day.
Notwithstanding any contrary provision hereof, the Committee or the Association may enforce
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the requirements of this Subparagraph by litigation at law, or in equity, and the costs of such
litigation including any attorney's fees incurred by the Committee or the Association
(collectively referred to as the "Enforcement Costs"), shall be paid by such Owner, and if
more than one, such Owners shall be jointly and severally liable. The cost of any maintenance
required under Article XVI and any Enforcement Costs shall be assessed to the Owner
thereof, shall constitute a lien upon the Lot, and may be collected in accordance with the
provisions of Article XVIII hereof.
ARTICLE XVII
PROPERTY LINES AND BOUNDARIES
Iron pins have been set on all Lot comers and points of curve, and all Lot dimensions
shown on curves are chord distances, and all curve data as shown on the Plat are centerline
curve data. In the event of minor discrepancies between the dimensions or distances as shown
on the Plat and the actual dimensions or distances as disclosed by the established pins, the pins
as set shall control.
ARTICLE XVIII
TRAMMEL ESTATES PROPERTY OWNERS ASSOCIATION, INC.
There has previously been formed a non-profit corporation known as the
Trammel Estates Property Owners Association, Inc. Each Owner of any Lot by acceptance of
a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant,
as a covenant running with the Lot, and agree to fully abide by and comply with the Articles of
Incorporation and By -Laws of the Association, as amended from time to time. The activities of
the Association shall, in addition to the Articles of Incorporation and By -Laws, be subject to
the following directions, limitations and conditions:
(a) Membership. Every Owner of a Lot, including the Allottor, shall be a member
of the Association. Membership shall be appurtenant to and not be separated from ownership
of any Lot which is subject to assessment. The Owner(s) of each Lot shall be entitled to one
vote for each Lot owned. When more than one person holds an interest in any Lot, all such
persons shall individually be Members but shall collectively have one vote only with respect to
each Lot owned by such persons. The Allottor shall be entitled to one vote for each Lot owned
by Allottor.
(b) Owner's Easements of Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to any Common Area, which shall be appurtenant to and which
shall pass with the title to every Lot, at such time or times as the Common Area shall be
conveyed to the Association by the Allottor, subject to the following provisions:
(i) The right of the Association to charge assessments, fees and charges
for the acquisition, construction, operation, maintenance and repair of any
Common Area, any easement areas required to be maintained by the
Association and any facilities or other properties owned or operated and
maintained by the Association from time to time (whether or not the said
facilities or other properties are a part of the Addition);
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(ii) The right of the Association to suspend voting rights of an Owner and
rights to use of any Common Areas and any facilities or other properties
owned or operated and maintained by the Association from time to time
(whether or not the said facilities or other properties are a part of the
Addition) by an Owner for any period during which any assessment,
charge, fee or expense charged against such Owner or the Lot remains
unpaid; and for a period not to exceed 60 days for any infraction of the
published rules and regulations by an Owner regarding the use of such
Common Area and any facilities or other properties owned or operated
and maintained by the Association from time to time (whether or not the
said facilities or other properties are a part of the Addition)
promulgated by the Association;
(iii) The right of the Association, upon the prior written consent of the
Allottor, to dedicate or transfer all or any part of any Common Area
and any facilities or other properties owned or operated and maintained
by the Association from time to time (whether or not the said facilities
or other properties are a part of the Addition) to any public agency,
authority, entity or utility for such purposes and subject to such conditions
as may be agreed to by the Association;
(iv) The right of the Allottor to use of any of any Common Area and any
facilities or other properties owned or operated and maintained by the
Association from time to time (whether or not the said facilities or other
properties are a part of the Addition) to promote sales of unsold Lots
within the Addition, such use to be without cost to Allottor.
(c) Covenant for Maintenance Assessments. Except for property otherwise
exempt from assessment as herein provided, each Owner of any Lot by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed, is deemed to covenant, as a
covenant running with the Lot, and agree to pay to the Association any annual assessments,
special assessments and any other charges, fees or expenses levied, charged or billed by the
Association from time to time, together with interest accrued thereon and any costs and
reasonable attorneys fees incurred in the collection of same, and each Owner covenants, agrees
and hereby grants that any annual assessments, special assessments and any other charges, fees
or expenses levied, charged or billed by the Association from time to time, together with
interest accrued thereon and any costs and reasonable attorneys fees incurred in the collection of
same, shall be a charge and lien on the Lots and shall be a continuing lien upon the Lot against
which each such assessment, charge, fee or expense is made. Each such annual assessments,
special assessments and any other charges, fees or expenses levied, charged or billed by the
Association from time to time, together with interest accrued thereon and any costs and
reasonable attorneys fees incurred in the collection of same shall also be the personal obligation
of the person or persons who was the Owner or Owners of the Lot at the time when the
assessment fell due. The assessments, charges, fees and expenses levied and charged by the
Association from time to time shall be used for the recreation, health, safety and welfare of the
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Owners, for the improvement, operation, maintenance, repair, replacement and reconstruction
of the Common Area, the easement areas required to be maintained by the Association and any
facilities or other properties owned or operated and maintained by the Association from time
to time (whether or not the said facilities or other properties are a part of the Addition), for
insurance, taxes, and any other costs and expenses related to, and, in the discretion of the Board
of Directors of the Association, consistent with the purposes of the Association. The initial
annual assessment which may be collected monthly shall be fixed by the Board of Directors of
the Association to commence at such time or times as shall be determined by Board of
Directors. Any annual and special assessments and charges as hereinbefore described shall be
uniform for all non-exempt Lots within the Addition and may be declared to be due and
payable on a monthly basis. Any annual or special assessments and charges hereinbefore
described, once levied, shall commence and become due and payable as to each non-exempt Lot
upon the first day of the month following the date of sale by the Allottor of each such Lot.
The initial assessments shall be adjusted according to the number of months remaining in the
calendar year and the amount thereof shall be pro -rated. The Board of Directors of the
Association shall fix the amount of the initial assessment against each non-exempt Lot at least
30 days in advance of each annual assessment period. Written notice of the annual assessment
shall be sent to every Owner subject thereto. The due date shall be established by the Board of
Directors of the Association. The Association shall, upon demand, and for a reasonable
charge, furnish a certificate signed by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid. A properly executed certificate of the
Association as to the status of assessment of a Lot is binding upon the Association as of the
date of its issuance. In addition to the foregoing, the Association may bill and charge each
Owner of a Lot in the Addition monthly for the costs and expenses incurred by the Association
in the operation, maintenance and repair of any facilities or other properties owned or operated
and maintained by the Association from time to time (whether or not the said facilities or other
properties are a part of the Addition).
(d) Property Exempt from Association Assessments. Any Lot, Tract or property
owned by the Allottor, the streets and roads, any Common Areas and any Tract, and any
facilities or property owned by the Association shall be exempt from, and not subject to, any
assessment or charge by the Association, either annual or special, and no such assessment shall
be due and owing on any such exempt property or Lot.
(e) Effect of Nonpayment of Assessments and Remedies. Any assessment,
charge, fee or expense levied or charged by the Association not paid by an Owner within 30
days after the due date thereof as established and fined by the Board of Directors of the
Association shall bear interest from the due date at the maximum rate allowed under Arkansas
law and the Association may, upon such default, bring an action at law against the Owner or
Owners personally obligated to pay the same, or it may, in addition to pursuing personal
liability therefore against the Owner, foreclose the lien of the assessment, charge, fee or
expenses against the Lot. In the event any annual assessments, special assessments and any
other charges, fees or expenses levied, charged or billed by the Association from time to time,
is not paid in full as and when due and the same is collected by or through an attorney, the
Owner of the Lot covenants, promises and agrees to pay to pay the interest accrued thereon
and any costs and reasonable attorneys' fees incurred in the collection of same. The Owner
may not waive or otherwise escape liability for the assessment, charge, fee or expenses herein
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rstrument# 2019023522 Page 13 of 17
provided by non-use of the Common Area or abandonment of his Lot. The lien of the
assessments, charges, fees and expenses provided for herein shall be subordinate to the lien of
any first mortgage on the Lot. The sale or transfer of any Lot pursuant to any mortgage
foreclosure or proceeding in lieu thereof, shall extinguish the lien of such assessments, charges,
fees and expenses as to payments which became due prior to such sale or transfer, but not
otherwise.
(f) As the Association was formed pursuant to Article XVIII of the Declaration of
Restrictive Covenants and Bill of Assurance for Trammel Estates, Phase I, filed in the real estate
records of Pulaski County, Arkansas, as Instrument No. 2009016049, Trammel Estates, LLC,
being the allotter of Trammel Estates, Phase I, and the Chairman of the Board of Directors of the
Association, by their signatures below, hereby consent to the entry of the Owners of the Addition
as members of the Association, with all rights and obligations associated therewith, pursuant to
Article XVIII(d) of the Declaration of Restrictive Covenants and Bill of Assurance for Trammel
Estates, Phase I. It is the intent of the parties that this Addition remain a separate subdivision in
Pulaski County, Arkansas, and not be deemed annexed into Trammel Estates, Phase I.
ARTICLE XIX
ADDITIONAL PROPERTY
(a) If AlIottor owns or acquires additional lands, which the Allottor desires in its
sole discretion to develop in a fashion generally consistent with the development of the
hereinbefore described lands, hereinafter referred to as the "Additional Lands"; then the Allottor,
in its sole discretion, shall have to right, but not the obligation, to annex said Additional Lands
to this Addition and cause the same to be governed by covenants similar to the covenants
herein set forth and may have common areas and facilities similar to those common areas
and facilities described herein which may be conveyed to the Association to be maintained and
kept landscaped by and at the expense of the Association.
(b) The annexation of the Additional Lands by the Allottor, from time to time, may
be made by filing of record a Declaration of Restrictive Covenants and Bill of Assurance
adding and annexing the Additional Lands therein described to the Addition and subject the
Additional Lands therein described to covenants similar to the covenants herein set forth and to
the extent thereof, all property owners in any subsequent development of the Additional Lands
so annexed and added to the Addition shall become members of the Association by virtue of
owning a lot in such development and shall be subject to all duties, responsibilities and
assessments in accordance with such membership and shall be entitled to all privileges, rights
and enjoyment of common areas of all other members of the Association.
(c) UNDER NO CIRCUMSTANCES shall this Declaration of Restrictive
Covenants and Bill of Assurance or any subsequent annexation or addition to this Addition
bind or require the Allottor to make any annexation or addition to this Addition or to adhere to
any development plan, regardless of how that development plan is published or presented, in
any subsequent development of any lands now owned or hereafter acquired by the Allottor.
Nor shall the Allottor be precluded from conveying any lands it now owns or hereafter
acquires, not expressly made subject to the terms and provisions hereof, free and clear of not
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trument# 2019023522 Page 14 of 17
only the terms, provisions and covenants herein contained but any similar covenants or
restrictions.
(d) Except as herein allowed, there shall be no other annexation or addition of lands
into the Addition or the addition of members to the Association without the prior written
consent of the Allottor.
ARTICLE XX
RIGHT TO ENFORCE
Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and does hereby covenant, as a covenant
running with the Lot, and agree to fully abide by and comply with the terms, covenants,
restrictions and provisions set forth herein. Hence the terms, restrictions, covenants and
provisions herein set forth shall run with the Lots and shall bind the present owner, their
heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of
the Lots. The Board of Directors may determine and institute fines for any violation of the
covenants listed herein. Allottor and any Owner of any of the Lots in the Addition 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 above set forth, in addition to any ordinary legal
action for damages and the prevailing party or parties shall be entitled to recover the costs of
litigation whether at law or in equity, including any attorney's fees, all as the Court may set.
The failure of Allottor or any Owner of any of the Lots to enforce any of the terms, provisions,
covenants or restrictions hereby set forth at the time of its violation, shall, in no event, be deemed
to be a waiver of the right to do so thereafter.
ARTICLE XXI
MODIFICATION OF RESTRICTIONS
Notwithstanding any provision, restriction or covenant herein contained to the
contrary, so long as the AlIottor owns any Lot in the Addition any and all of the terms,
conditions, covenants, provisions and restrictions set forth herein may be amended, modified,
extended, changed or canceled, in whole or in part by the Allottor alone, in its discretion, by a
written instrument signed and acknowledged solely by the Allottor. Alternatively, any and all
of the terms, conditions, covenants, provisions and restrictions set forth herein may be
amended, modified, extended, changed or canceled, in whole or in part, by a written instrument
signed and acknowledged by any Owners, including the Allottor, owning at least 51% of the
Lots of the Addition as the Addition is then platted, PROVIDED, HOWEVER, any such
amendment, modification, extension, change or cancellation, in order to be effective and
enforceable, must be approved and consented to in writing by Allottor regardless of whether or
not Allottor owns any Lot in the Addition, such approval to be in the sole discretion of the
Allottor. The provisions of any such instrument so executed shall be binding from and after
the date it is duly filed for record in Pulaski County, Arkansas. Each term, condition, covenant,
restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall
remain in full force and effect until January 1, 2045.
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Instrument# 2019023522 Page 15 of 17
ARTICLE XXII
ASSIGNMENT AND BINDING EFFECT
Allottor expressly reserves the right to assign in writing the Allottor's rights and
obligations hereunder to another person, natural or artificial;, provided, however, such other
person shall only succeed to the rights and obligations of the Allottor upon recordation of such
an assignment executed by the Allottor which expressly and specifically assigns the Allottor's
rights and obligations hereunder and a conveyance of the land platted hereby will not be
deemed such an assignment to the purchaser thereof.
ARTICLE XXIII
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.
ARTICLE XXIV
SEPARABILITY
Invalidation of any restriction set forth herein, or any part thereof by an 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.
ARTICLE XXV
DRAINAGE SWALES
Drainage swales have been graded along the sides and rear of each lot. The swales collect
runoff from the roof and yard of each home during a rain event and direct it to the subsurface
drainage system.
These swales were constructed to benefit each residential lot as well as the overall
subdivision. The homeowner will be responsible for mowing and maintaining these swales. The
homeowner shall not block, eliminate or divert these swales.
Any proposed fencing shall be constructed to allow storm water to pass under the fence.
The minimum vertical clearance between the fence and ground shall be 2 inches to allow
overland flow from adjacent properties to flow under the fence.
The City of Sherwood will utilize the easements shown on the plat to maintain the
underground storm drain system. The City will not provide maintenance for the above described
collection swales. These swales will be maintained by the individual homeowners or
homeowners association. In the event the individual homeowner does not maintain these swales,
the homeowners association may assess a fee to the individual homeowner for the maintenance
work.
EXECUTED this day of 2019.
Page 15 of 17
(Instrument# 2019023522 Page 16 of 17
Trammel Phase II, LLC,
an Arkansas limited liability company
BY:
Rick erguson,
Managing Mem
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this 3Ad day of 4DIz4Z. , 201W before me a Notary Public, duly
commissioned, qualified and acting, within and for the County and State aforesaid,
appeared in person the within named Rick Ferguson to me personally well known, who
stated that he was the Manapiniz Member of Trammel Phase II, LLC, an Arkansas limited
liability company, and was duly authorized his capacity to execute the foregoing instrument
for and in the name and on behalf of the said company, and further stated and acknowledged
that he 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 on this/
day of �/%�o f-i -/ �, 2019.
Notary Public yV
My Commission Expires:
���. TAMARA M. :GUFFEYArkansas - 5alityNotary Public - Corn96983My Commission Expi3, 2024
Page 16 of 17
rstrument#
2019023522 Page 17 of 17
EXHIBIT A
LEGAL DESCRIPTION
PART OF SECTION 16, T-2-N, R-I I-W, PULASKI COUNTY, ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF LOT 701, TRAMMEL ESTATES, PHASE 5; THENCE S88°14'16"E, ALONG
THE SOUTH LINE OF LOTS 701 THROUGH 704, SAID TRAMMEL ESTATES, A
DISTANCE OF 219.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
S88014'16"B, A DISTANCE OF 170.00 FEET TO A POINT ON THE EAST RIGHT OF WAY
LINE OF CYPRESS LANE; THENCE NO1°45'44"E, ALONG SAID EAST RIGHT OF WAY
LINE, A DISTANCE OF 44.00 FEET TO THE SOUTHWEST CORNER OF LOT 801, SAID
TRAMMEL ESTATES; THENCE S88°14'16"E, A DISTANCE OF 435.18 FEET; THENCE
SO1°46'28"W, A DISTANCE OF 229.36 FEET; THENCE S44°22'32"W, A DISTANCE OF
591.50 FEET; THENCE N87"20'28"W, A DISTANCE OF 214.48 FEET; THENCE
N02039'32"E, A DISTANCE OF 180.00 FEET; THENCE S87°20'28"E, A DISTANCE OF 6.99
FEET; THENCE NO1°45'44"E, A DISTANCE OF 437.45 FEET TO THE POINT OF
BEGINNING. CONTAINING 7.09 ACRES, MORE OR LESS.
Page 17 of 17