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HomeMy WebLinkAboutS-0054-S 1 ApplicationCITY OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. DATE 1 , 19") ., Annexation . . . . . . . . . . . . . . . . . $ Board of'Adjustment Application. . . _ . . . $ Conditional Use Permit . . . . . . . . . . _ $ Final Plat . . . . . . . . . . . . . . . . . $ Planned Unit Development . . . . . . . . . $ Preliminary Plat . . . . . . . . . . . . . . $ Rezoning Application . . . . . . . . . Site Plan (Multiple Building/Zoning)v $ Special Use Permit . . . . . . . . . Q� Street, Alley, or Easement Closure. Street Name Change . . . . . . . . . . . �� '0�•�' Street Name Signs: # Signs at ea. $ TOTAL File No.: Address:.' Applicant• ?�- t�� By:'ice �--- MCGETRICK ENGINEERING Planning - Engineering - Land Development Consultants November 15, 1993 Mr. Bob Sims Subdivision Administrator Neighborhood & Planning Department 723 W. Markham Little Rock, AR 72201 Re: Point West, Phase IV Dear Bob: Please review the attached plat and Bill of Assurances. We will try and file the end of the week. Sincerely, MCGETRICK ENGINEERING, INC. Patrick M. McGetrick, P.E. PMM:ac Enclosure 11225 Huron Lane, Suite 200 - Little Rock, Arkansas 72211 - (501) 223-9900 - FAX (501) 223-9293 93 804k A AP P 11: 0-7 Ln;�` owneri"oCr] 6i I ANL7 �:rC ,s'CL1 nK land in Pulaski County, Arkansas described as: Phase 4 1,953 BILL OF ASSURANCE POINT WEST ADDITION PHASE 4 MAR—SAN SERVICES,INC., hereinafter called sole Part of the NE 1/4 of Section 8, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows: LEGAL DESCRIPTION: Part of the SW 1/4, NE 1/4 of Section 8, T-1—N, R-13—W, Little Rock, Pulaski County, Arkansas, more particularly described as: Commencing at the NW corner of the NE 1/4, SE 1/4 of Section 8; thence N 87'08'34" W along the South line of the SW 1/4, NE 1/4 655.49'; thence N 02'19'26" E 20.00' to the Point of Beginning; thence N 51'35 59 W 271�.76'; thence N 70'53'46" W 228.47'; thence N 48'23 22 W 136.69'; thence N 24'57 37" W 234.81 ; thence N 01'25'45" E 120.00' to a point on the South line of Point West Third Addition, Phase 3; thence S 87'42'34" E along the South line of said Addition 653.70' to a point on the West line of Point West Third the Point of de IPhase Begin,contai ing Bni gthence l 6r 54, cresalong morethe or Jless. line of said Addit s� si �' ' Q'pgo WHEREAS, it is deemed desirable that such real s;X`opa subdivided into public streets, access and utility easme�},riel building lots thereto, as show on the plat filed herewith as more particularly designated hereinafter, and that said real property be held, owned, and conveyed subject to the protective covenants herein contained which are imposed upon such real property in order to assure each owner's enjoyment of the view afforded each lot with the least restriction of use thereof and to enhance the value of said real property. NOW, THEREFORE, Grantor has caused said lands to be surveyed by Robert Lowe, Registered Land Surveyor, and a plat thereof made, which is identified by the title "Point West Addition, Phase 4, is dated bears a certification of approval executed by the Little Rock Planning Commission, and is recorded in the Off' e of thN Zecorder of Pulaski County, Arkansas, as Instrument NO._ Grantor hereby made this Bill of Assurance and certified that it has laid off, platted, and subdivided the said lands in accordance with said plat. The said lands shall be forever known as "Point West Addition, Phase 4" and shall hereinafter be called the Subdivision. There are strips of ground shown on said plat which are reserved for the use of public utilities and for drainage purposes respectively, subject at all times to the proper authorities and to the easement herein reserved. Owners of lots in the Subdivision shall take their titles subject to the rights of public utilities and the public. The filing of this Bill of Assurance and said plat for record in the Office of the Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of the streets and easements shown on said plat subject to the limitations herein set out. __ Hereafter, conveyance and description of any of the said lands by tract or lot number as shown on said plat, accompanied by the words "in Point West Addition, Phase 4, Little Rock, Arkansas", shall be a proper and sufficient description thereof, each such tract or lot to be located and to have the bounds and dimensions shown on said plat. 1. Land Use, Building Type and Height Restriction. The building lots herein platted shall be held, owned and used only as residential building sites, and no business, commercial, or industrial use shall be permitted thereon, with exception of the use of a Model Home by Builder site other than a single detached single-family dwelling, not exceeding two and one-half stories in height and an attached private garage. Any extra storage shed or building may not be constructed or erected unless authorized and approved by the Architectural Control Committee, with exception of those construction or trailers that may be needed by Builder. 2. Architectural Control. No building shall be erected, placed, or altered on any property in the Subdivision until the building plans, exterior materials, exterior color scheme, and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations have been approved in writing by the Architectural Control Committee. The Architectural Control Committee shall have the sole and absolute discretion to approve and disapprove any such plans so submitted, and such decision shall be final. No fence other than cedar wood or treated pine shall be permitted unless authorized in writing by the Architectural Control Committee. In the event the Architectural Control Committee fails to approve or disapprove any such material within 30 days after submission, this covenant shall be deemed to have been fully' met by the person submitting such material for approval. There shall be no compensation for the services performed pursuant to this provision. 3. Minimum Principal. ©welling Size. The floor area of any dwelling constructed on any lot or part thereof shall be not less than 1,000 heated and cooled square feet. In all cases the floor area shall be the area of the building within its largest outside dimensions, exclusive of open porches and garages (together with utility and store rooms), breezeways, terraces, exterior or secondary stairways and outbuildings. 4.Setback Requirements. No Residence shall be located on a Lot nearer to the front Lot line, rear Lot line or side Lot lines than the minimum building setback lines shown in the plat; provided, such setback requirements may be modified, if such modification is approved by the Allotter and the Little Rock Planning Commission or such other entity or regulatory agency as may succeed to their functions. No residence shall be located nearer to an interior Lot line than a distance of 10% of the average width of the Lot, provided, however, that such distance need not exceed eight (8) feet. No residence shall be located on any Lot nearer than 25 feet to the rear Lot line. 5. Re --subdivision . No lot shall be subdivided without f irst obtaining the written consent of Grantor (provided that Grantor still owns property within the subdivision) and the Little Rock Planning Commission. 6. Easements. (a) Easements -of -way for the streets as shown on the said plat are donated and dedicated to the public, and parties engaged in supplying public utilities shall have the right to use and occupy said easements -of -way and streets for the installation, maintenance, repair, and. replacement of utility service facilities. Other easements for the installation, maintenance, repair, and replacement of utility service facilities and drainage have been reserved. Any parties supplying utility service shall have the right of ingress to and from and in, over and across said easements, and no improvements, trees, incinerators, fences, or other hindrances shall be placed upon such easement areas that will interfere with the operation and maintenance of such utility services. In the event such hindrances are built, maintained, or grown within the areas of such easements, no utility sha.11 be liable for destruction of or repair of same. 7. Nuisances. No noxious or offensive 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 neighborhood. No scrap material, rubbish or debris shall be permitted to accumulate upon the premises. Automobiles or obsolete vehicles or machines no longer in service shall not be repaired, overhauled or otherwise worked on in the streets, driveways, or yards. All automobiles and other motorized vehicles including but not limited to, boats, boat trailers, campers, bicycles, motorcycles and three and four wheelers in the said subdivision must be state licensed, state inspected if required by law, and in running order at all times. All vehicles are to be parked at all times in a designated parking area, i.e. garage or driveway, and are not to be parked at any time in a yard or on a porch area. No lot shall be allowed to grow up in weeds, grass or other unsightly growth. All lots shall be kept in a neat and orderly fashion. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage and/or other wastes shall not be kept except in approved sanitary containers. All equipment for the storage and/or disposal of such rubbish, trash, garbage or other wastes shall be kept in a clean 3 and sanitary condition. No garbage or trash containers are to be kept in view of the street unless it is to be picked up that day. No truck, van, bus or motor home with a load capacity of more than one-half ton shall be parked or garaged on any street or residential lot. No boats, motor homes, utility trailers and any other non -everyday use vehicle will be allowed on the lot unless stored in the garage or in back yard behind privacy fence and out of sight at all times. Motorcycles may be kept on the property but must be stored out of sight when not in use. In the event that any lots are sold to a homeowner or builder and no structure is immediately erected, the owner or owners of such lot or lots shall keep said property mowed and in a sanitary condition at all times. If the property is not maintained, the developer shall have the right to maintain the lot or lots and the expense shall become a lien on the property. 8. Temporary Structures. No trailer, mobile home, or similar object, basement, tent, shack, garage, barn, or other outbuilding erected on a building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. No existing structure shall be moved onto a building site in the Subdivision, nor shall any garage be inclosed in a permanent fashion on any residence with•exception or a model home being used by the developer. 9. Antenna and Satellite Dishes. No antenna, aerial, or other device shall be permitted on any structure where some form of TV cable is available, including pay satellite furnished by others. Where TV cable or pay satellite is not available, the owner is permitted one (1) antenna which will be allowed for the sole purpose of reception of television broadcast only, and such antenna shall be raised to a height necessary for the TV reception in the area. No CB, ham radio or other antennas will be permitted at all. Satellite dishes are strictly prohibited in this subdivision unless cable is not available. 10. Signs. No signs of any kinds shall be displayed to the public view on any building site, except one sign of not more than 5 square feet advertising the property for sale or rent or signs and flats used by a builder or a realtor to advertise the property during construction and sales periods. 11. Animals. livestock, and Poultry. No animals, livestock, or poultry of any kind shall be raised or kept on any building site, except dogs, cats, or' other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. Household and yard pets shall be maintained in a clean and sanitary situation and shall not be noxious or a nuisance to the surrounding owners. All yard pets are to be maintained in a fenced area behind the residence at all times. .12. Sight Distance at Intersection. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to 4 remain on any corner tract or lot within the triangular area formed by the street property lines and a line connecting them at points 50 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply to any lot within 10 feet from the intersection of the street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines. 13. Fences. No fence, wall, hedge, or shrub planting shall be located or permitted to extend beyond the minimum setback line established herein, except upon approval by Grantor. 14. Curbs and Gutters. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 15. Architectural Control Committee. (a) The Architectural Control Committee is composed of Cornerstone Development Company's chosen representatives. The committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. Upon completion of all homes in this phase, the ACC shall be the responsibility of the homeowners in this phase. ( b ) The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction has been commented prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have fully complied with. 16. General Provisions. (a) Term. All of the restrictions, conditions, covenants and agreements shall affect all of the lots as hereinabove set forth and are made for the direct and reciprocal benefit thereof and the covenants shall attach to and run with the land. said restriction, conditions and covenants shall be binding on all parties and all persons claiming under them for a period of 5 years from the date hereof, after which time they shall be automatically extended for successive periods of five years, provided, however, that such restrictions, conditions, covenants and agreement, or any of them, may be supplemented, changed, or rescinded in any or all particulars at any time by the owners of 55% of the dwellings comprising the area incorporated in this declaration, evidenced by an instrument in writing executed by the 5 said owners in the manner provided by law for the conveyance of real property and duly recorded in the office of the Recorder aforesaid. The provisions of such instrument so executed shall be the Little Rock Planning Commission, and upon such recordation shall be valid and binding upon the sellers and owners of the said lots in said tract, and upon all other persons. (b) Enforcement. If the parties hereto, or their successors shall violate or attempt to violate any of the covenants herein during the period for which they are in force, or during any of the extended periods for which they are in force, it shall be lawful for any person owning any real property subject thereto to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, or either to prevent him or them from so doing or to recover damages or other dues for such violation. (c) Subordination. It is further provided that a breach of any of the conditions contained herein or of any re-entry by reason of such breach shall not defeat or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value as to said premises or any part thereof; but said conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, Trustee's sale or otherwise. (d) Severability. Invalidation of any one or more of these covenants by judgement or court order shall in no way effect any of the other provisions which shall remain in full force and effect. IN WITNESS THEREOF, the undersigned have hereunto set their hands this % day of 1-993. ATTEST: MAR-SAN SERVICES, INC. BY BA A�2 � U} TRUSTEE LITTLE ROCK PLANNING COMMISSION APPROVED LITTLE ROCT' - - 7-Tri COMMIa;;TOIJ 2.1 ACKNOWLEDGEMENT STATE OF ARKANSAS ) COUNTY OF PULASKI On this the 19th day of November , 1993 before me, the undersigned Notary Public, duly qualified and acting within and for the said State and County, appeared Bob Sanders and , who acknowledged themselves to be the representative of MAR--SAN SERVICES, Inc., and that they as such, being authorized so to do, executed the foregoing instrument for the purpose therein contained. .Notary Oublic My Commission Expires: 3 19 9 7 BILL OF ASSURANCE POINT WEST ADDITION PHASE 4 MAR-SAN SERVICES,INC., hereinafter called sole owner of land in Pulaski County, Arkansas described as: Phase 4 Part of the NE 1/4 of Section 8, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows: LEGAL DESCRIPTION: Part of the SW 1/4, NE 1/4 of Section 8, T-1-N, R-13-W, Little Rock, Pulaski County, Arkansas, more particularly described as: Commencing at the NW corner of the NE 1/4, SE 1/4 of Section 8; thence N 87'08'34" W along the South line of the SW 1/4, NE 1/4 65 .49'; thence N 02'19'26" E 20.00' to the Point of Beginning; thence N 51'35'59" W 271.76; thence N 70'53'46" W 228.47'; thence N 48'23'22 W 136.69'; thence N 24'57'37" W 234.81'; thence N O1'25'45" E 120.00' to a point on the South line of Point West Third Addition, Phase 3; thence S 87'42'34" E along the South line of said Addition 653.70' to a point on the West line of Point West Third Addition, Phase 2B; thence S 02'19'26" W along the West line of said Addition 641.60' to the Point of Beginning, containing 6.54 Acres, more or less. WHEREAS, it is deemed desirable that such real property be subdivided into public streets, access and utility easements, and building lots thereto, as show on the plat filed herewith as more particularly designated hereinafter, and that said real property be held, owned, and conveyed subject to the protective covenants herein contained which are imposed upon such real property in order to assure each owner's enjoyment of the view afforded each lot with the least restriction of use thereof and to enhance the value of said real property. NOW, THEREFORE, Grantor has caused said lands to be surveyed by Robert Lowe, Registered Land Surveyor, and a plat thereof made, which is identified by the title "Point West Addition, Phase 4, is dated bears a certification of approval executed by the Little Rock Planning Commission, and is recorded in the Office of the Recorder of Pulaski County, Arkansas, as Instrument NO. Grantor hereby made this Bill of Assurance and certified that it has laid off, platted, and subdivided the said lands in accordance with said plat. The said lands shall be forever known as "Point West Addition, Phase 4" and shall hereinafter be called the Subdivision. There are strips of ground shown on said plat which are reserved for the use of public utilities and for drainage purposes respectively, subject at all times to the proper authorities and to the easement herein reserved. Owners of lots in the Subdivision shall take their titles subject to the rights of public utilities and the public. The filing of this Bill of Assurance and said plat for record in the Office of the Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of the streets and easements shown on said plat subject to the limitations herein set out. __ Hereafter, conveyance and description of any of the said lands by tract or lot number as shown on said plat, accompanied by the words "in Point West Addition, Phase 4, Little Rock, Arkansas", shall be a proper and sufficient description thereof, each such tract or lot to be located and to have the bounds and dimensions shown on said plat. 1. Land Use, Building Type and Height Restriction. The building lots herein platted shall be held, owned and used only as residential building sites, and no business, commercial, or industrial use shall be permitted thereon, with exception of the use of a Model Home by Builder site other than a single detached single-family dwelling, not exceeding two and one-half stories in height and an attached private garage. Any extra storage shed or building may not be constructed or erected unless authorized and approved by the Architectural Control Committee, with exception of those construction or trailers that may be needed by Builder. 2. Architectural Control. No building shall be erected, placed, or altered on any property in the Subdivision until the building plans, exterior materials, exterior color scheme, and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations have been approved in writing by the Architectural Control Committee. The Architectural Control Committee shall have the sole and absolute discretion to approve and disapprove any such plans so submitted, and such decision shall be final. No fence other than cedar wood or treated pine shall be permitted unless authorized in writing by the Architectural Control Committee. In the event the Architectural Control Committee fails to approve or disapprove any such material within 30 days after submission, this covenant shall be deemed to have been fully' met by the person submitting such material for approval. There shall be no compensation for the services performed pursuant to this provision. 3. Minimum Principal Dwelling Size. The floor area of any dwelling constructed on any lot or part thereof shall be not less than 1,000 heated and cooled square feet. In all cases the floor area shall be the area of the building within its largest outside dimensions, exclusive of open porches and garages (together with utility and store rooms), breezeways, terraces, exterior or OV secondary stairways and outbuildings. 4.Setback Requirements. No Residence shall be located on a Lot nearer to the front Lot line, rear Lot line or side Lot lines than the minimum building setback lines shown in the plat; provided, such setback requirements may be modified, if such modification is approved by the Allotter and the Little Rock Planning Commission or such other entity or regulatory agency as may succeed to their functions. No residence shall be located nearer to an interior Lot line than a distance of 10% of the average width of the Lot, provided, however, that such distance need not exceed eight (8) feet. No residence shall be located on any Lot nearer than 25 feet to the rear Lot line. 5. Re -subdivision. No lot shall be subdivided without first obtaining the written consent of Grantor (provided that Grantor still owns property within the subdivision) and the Little Rock Planning Commission. 6. Easements. (a) Easements -of -way for the streets as shown on the said plat are donated and dedicated to the public, and parties engaged in supplying public utilities shall have the right to use and occupy said easements -of -way and streets for the installation, maintenance, repair, and, replacement of utility service facilities. Other easements for the installation, maintenance, repair, and replacement of utility service facilities and drainage have been reserved. Any parties supplying utility service shall have the right of ingress to and from and in, over and across said easements, and no improvements, trees, incinerators, fences, or other hindrances shall be placed upon such easement areas that will interfere with the operation and maintenance. of such utility services. In the event such hindrances' are built, maintained, or grown within the areas of such easements, no utility shall be liable for destruction of or repair of same. 7. Nuisances. No noxious or offensive 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 neighborhood. No scrap material, rubbish or debris shall be permitted to accumulate upon the premises. Automobiles or obsolete vehicles or machines no longer in service shall not be repaired, overhauled or otherwise worked on in the streets, driveways, or yards. All automobiles and other motorized vehicles including but not limited to, boats, boat trailers, campers, bicycles, motorcycles and three and four wheelers in the said subdivision must be state licensed, state inspected if required by law, and in running order at all times. All vehicles are to be parked at all times in a designated parking area, i.e. garage or driveway, and are not to be parked at any time in a yard or on a porch area. No lot shall be allowed to grow up in weeds, grass or other unsightly growth. All lots shall be kept in a neat and orderly fashion. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage and/or other wastes shall not be kept except in approved sanitary containers. All equipment for the storage and/or disposal of such rubbish, trash, garbage or other wastes shall be kept in a clean 3 and sanitary condition. No garbage or trash containers are to be kept in view of the street unless it is to be picked up that day. No truck, van, bus or motor home with a load capacity of more than one-half ton shall be parked or garaged on any street or residential lot. No boats, motor homes, utility trailers and any other non -everyday use vehicle will be allowed on the lot unless stored in the garage or in back yard behind privacy fence and out of sight at all times. Motorcycles may be kept on the property but must be stored out of sight when not in use. In the event that any lots are sold to a homeowner or builder and no structure is immediately erected, the owner or owners of such lot or lots shall keep said property mowed and in a sanitary condition at all times. If the property is not maintained, the developer shall have the right to maintain the lot or lots and the expense shall become a lien on the property. 8. Temporary Structures. No trailer, mobile home, or similar object, basement, tent, shack, garage, barn, or other outbuilding erected on a building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. No existing structure shall be moved onto a building site in the Subdivision, nor shall any garage be inclosed in a permanent fashion on any residence with.exception or a model home being used by the developer. 9. Antenna and Satellite Dishes. No antenna, aerial, or other device shall be permitted on any structure where some form of TV cable is available, including pay satellite furnished by others. Where TV cable or pay satellite is not available, the owner is permitted one (1) antenna which will be allowed for the sole purpose of reception of television broadcast only, and such antenna shall be raised to a height necessary for the TV reception in the area. No CB, loam radio or other antennas will be permitted at all. Satellite dishes are strictly prohibited in this subdivision unless cable is not available. 10. Signs. No signs of any kinds shall be displayed to the public view on any building site, except one sign of not more than 5 square feet advertising the property for sale or rent or signs and flats used by a builder or a realtor to advertise the property during construction and sales periods. 11. Animals, livestock, and Poultry. No animals, livestock, or poultry of any kind shall be raised or kept on any building site, except dogs, cats, or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. Household and yard pets shall be maintained in a clean and sanitary situation and shall not be noxious or a nuisance to the surrounding owners. All yard pets are to be maintained in a fenced area behind the residence at all times. .12. Sight Distance at Intersection. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to 4 remain on any corner tract or lot within the triangular area formed by the street property lines and a line connecting them at points 50 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply to any lot within 10 feet from the intersection of the street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines. 13. Fences.. No fence, wall, hedge, or shrub planting shall be located or permitted to extend beyond the minimum setback line established herein, except upon approval by Grantor. 14. Curbs and Gutters. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 15. Architectural Control Committee. (a) The Architectural Control Committee is composed of Cornerstone Development Company's chosen representatives. The committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. Upon completion of all homes in this phase, the ACC shall be the responsibility of the homeowners in this phase. (b) The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction has been commented prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have fully complied with. 16. General Provisions. (a) Term. All of the restrictions, conditions, covenants and agreements shall affect all of the lots as hereinabove set forth and are made for the direct and reciprocal benefit thereof and the covenants shall attach to and run with the land. Said restriction, conditions and covenants shall be binding on all parties and all persons claiming under them for a period of 5 years from the date hereof, after which time they shall be automatically extended for successive periods of five years, provided, however, that such restrictions, conditions, covenants and agreement, or any of them, may be supplemented, changed, or rescinded in any or all particulars at any time by the owners of 55% of the dwellings comprising the area incorporated in this declaration, evidenced by an instrument in writing executed by the 5 said owners in the manner provided by law for the conveyance of real property and duly recorded in the office of the Recorder aforesaid. The provisions of such instrument so executed shall be the Little Rock Planning Commission, and upon such recordation shall be valid and binding upon the sellers and owners of the said lots in said tract, and upon all other persons. (b) Enforcement. If the parties hereto, or their successors shall violate or attempt to violate any of the covenants herein during the period for which they are in force, or during any of the extended periods for which they are in force, it shall be lawful for any person owning any real property subject thereto to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, or either to prevent him or them from so doing or to recover damages or other dues for such violation. (c) Subordination. It is further provided that a breach of any of the conditions contained herein or of any re-entry by reason of such breach shall not defeat or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value as to said premises or any part thereof; but said conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, Trustee's sale or otherwise. (d) Severability. Invalidation of any one or more of these covenants by judgement or court order shall in no way effect any of the other provisions which shall remain in full force and effect. IN WITNESS THEREOF, the undersigned have hereunto set their hands this day of ATTEST: LITTLE ROCK PLANNING COMMISSION APPROVED BY , 1993. MAR-SAN SERVICES, INC. TRUSTEE :1 ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF On this the day of , 1993 before me, the undersigned Notary Public, duly qualified and acting within and for the said State and County, appeared and , who acknowledged themselves to be the representative of MAR-SAN SERVICES, Inc., and that they as such, being authorized so to do, executed the foregoing instrument for the purpose therein contained. My Commission Expires: Notary Public 7 BILL OF ASSURANCE POINT WEST ADDITION PHASE 4 MAR-SAN SERVICES,INC., hereinafter called sole owner of land in Pulaski County, Arkansas described as: Phase 4 Part of the NE 1/4 of Section 8, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows: LEGAL DESCRIPTION: Part of the SW 1/4, NE 1/4 of Section 8, T-1-N, R-13-W, Little Rock, Pulaski County, Arkansas, more particularly described as: Commencin.9 at the NW corner of the NE 1/4, SE 1/4 of Section 8; thence N 87'08'34" W along the South line of the SW 1/4, NE 1/4 655.49'; thence N 02'19'26" E 20.00' to the Point of Beginninq; thence N 51'35'59" W 271.76'; thence N 70'53'46" W 228.47'; thence N 48'23'22W 136.69'; thence N 24'57'37" W 234.81 % thence N 01'25'45" E 120.00' to a point on the South line of Point West Third Addition, Phase 3; thence S 87'42'34" E along the South line of said Addition 653.70' to a point on the West line of Point West Third Addition, Phase 2B; thence S 02'19'26" W along the West line of said Addition 641.60' to the Point of Beginning, containing 6.54 Acres, more or less. WHEREAS, it is deemed desirable that such real property be subdivided into public streets, access and utility easements, and building lots thereto, as show on the plat filed herewith as more particularly designated hereinafter, and that said real property be held, owned, and conveyed subject to the protective covenants herein contained which are imposed upon such real property in order to assure each owner's enjoyment of the view afforded each lot with the least restriction of use thereof and to enhance the value of said real property. NOW, THEREFORE, Grantor has caused said lands to be surveyed by Robert Lowe, Registered Land Surveyor, and a plat thereof made, which is identified by the title "Point West Addition, Phase 4, is dated bears a certification of approval executed by the Little Rock Planning Commission, and is recorded in the office of the Recorder of Pulaski County, Arkansas, as Instrument NO. Grantor hereby made this Bill of Assurance and certified that it has laid off, platted, and subdivided the said lands in accordance with said plat. The said lands shall be forever known as "Point West Addition, Phase 4" and shall hereinafter be called the Subdivision. There are strips of ground shown on said plat which are reserved for the use of public utilities and for drainage purposes respectively, subject at all times to the proper authorities and to the easement herein reserved. Owners of lots in the Subdivision shall take their titles subject to the rights of public utilities and the public. The filing of this Bill of Assurance and said plat for record in the office of the Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of the streets and easements shown on said plat subject to the limitations herein set out. __ Hereafter, conveyance and description of any of the said lands by tract or lot number as shown on said plat, accompanied by the words "in Point West Addition, Phase 4, Little Rock, Arkansas", shall be a proper and sufficient description thereof, each such tract or lot to be located and to have the bounds and dimensions shown on said plat. 1. Land Use, Building Typeand _Height Restriction. The building lots herein platted shall be held, owned and used only as residential building sites, and no business, commercial, or industrial use shall be permitted thereon, with exception of the use of a Model Home by Builder site other than a single detached single-family dwelling, not exceeding two and one-half stories in height and an attached private garage. Any extra storage shed or building may not be constructed or erected unless authorized and approved by the Architectural Control Committee, with exception of those construction or trailers that may be needed by Builder. 2. Architectural Control. No building shall be erected, placed, or altered on any property in the Subdivision until the building plans, exterior materials, exterior color scheme, and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations have been approved in writing by the Architectural Control Committee. The Architectural Control Committee shall have the sole and absolute discretion to approve and disapprove any such plans so submitted, and such decision shall be final. No fence other than cedar wood or treated pine shall be permitted unless authorized in writing by the Architectural Control Committee. In the event the Architectural Control Committee fails to approve or disapprove any such material within 30 days after submission, this covenant shall be deemed to have been fully' met by the person submitting such material for approval. There shall be no compensation for the services performed pursuant to this provision. 3. Minimum Principal Dwelling -Size. The floor area of any dwelling constructed on any lot or part thereof shall be not less than 1,000 heated and cooled square feet. In all cases the floor area shall be the area of the building within its largest outside dimensions, exclusive -of open porches and garages (together with utility and store rooms), breezeways, terraces, exterior or 2 secondary stairways and outbuildings. 4.Setback Requirements. No Residence shall be located on a Lot nearer to the front Lot line, rear Lot line or side Lot lines than the minimum building setback lines shown in the plat; provided, such setback requirements may be modified, if such modification is approved by the Allotter and the Little Rock Planning Commission or such other entity or regulatory agency as may succeed to their functions. No residence shall be located nearer to an interior Lot line than a distance of 10% of the average width of the Lot, provided, however, that such distance need not exceed eight (8) feet. No residence shall be located on any Lot nearer than 25 feet to the rear Lot line. 5. Re -subdivision. No lot shall be subdivided without first obtaining the written consent of Grantor (provided that Grantor still owns property within the subdivision) and the Little Rock Planning Commission. 6. Easements. (a) Easements -of -way for the streets as shown on the said plat are donated and dedicated to the public, and parties engaged in supplying public utilities shall have the right to use and occupy said easements -of -way and streets for the installation, maintenance, repair, and. replacement of utility service facilities. Other easements for the installation, maintenance, repair, and replacement of utility service facilities and drainage have been reserved. Any parties supplying utility service shall have the right of ingress to and from and in, over and across said easements, and no improvements, trees, incinerators, fences, or other hindrances shall be placed upon such easement areas that will interfere with the operation and maintenance of such utility services. In the event such hindrances' are built, maintained, or grown within the areas of such easements, no utility shall be liable for destruction of or repair of same. 7. Nuisances. No noxious or offensive 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 neighborhood. No scrap material, rubbish or debris shall be permitted to accumulate upon the premises. Automobiles or obsolete vehicles or machines no longer in service shall not be repaired, overhauled or otherwise worked on in the streets, driveways, or yards. All automobiles and other motorized vehicles including but not limited to, boats, boat trailers, campers, bicycles, motorcycles and three and four wheelers in the said subdivision must be state licensed, state inspected if required by law, and in running order at all times. All vehicles are to be parked at all times in a designated parking area, i.e. garage or driveway, and are not to be parked at any time in a yard or on a porch area. No lot shall be allowed to grow up in weeds, grass or other unsightly growth. All lots shall be kept in a neat and orderly fashion. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage and/or other wastes shall not be kept except in approved sanitary containers. All equipment for the storage and/or disposal of such rubbish, trash, garbage or other wastes shall be kept in a clean 3 and sanitary condition. No garbage or trash containers are to be kept in view of the street unless it is to be picked up that day. No truck, van, bus or motor home with a load capacity of more than one-half ton shall be parked or garaged on any street or residential lot. No boats, motor homes, utility trailers and any other non -everyday use vehicle will be allowed on the lot unless stored in the garage or in back yard behind privacy fence and out of sight at all times. Motorcycles may be kept on the property but must be stored out of sight when not in use. In the event that any lots are sold to a homeowner or builder and no structure is immediately erected, the owner or owners of such lot or lots shall keep said property mowed and in a sanitary condition at all times. If the property is not maintained, the developer shall have the right to maintain the lot or lots and the expense shall become a lien on the property. 8. Temporary Structures. No trailer, mobile home, or similar object, basement, tent, shack, garage, barn, or other outbuilding erected on a building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. No existing structure shall be moved onto a building site in the Subdivision, nor shall any garage be inclosed in a permanent fashion on any residence with.exception or a model home being used by the developer. 9. Antenna and Satellite Dishes. No antenna, aerial, or other device shall be permitted on any structure where some form of TV cable is available, including pay satellite furnished by others. Where TV cable or pay satellite is not available, the owner is permitted one (1) antenna which will be allowed for the sole purpose of reception of television broadcast only, and such antenna shall be raised to a height necessary for the TV reception in the area. No CB, loam radio or other antennas will be permitted at all. Satellite dishes are strictly prohibited in this subdivision unless cable is not available. 10. Signs. No signs of any kinds shall be displayed to the public view on any building site, except one sign of not more than 5 square feet advertising the property for sale or rent or signs and flats used by a builder or a realtor to advertise the property during construction and sales periods. 11. Animals, livestock, and Poultry. No animals, livestock, or poultry of any kind shall be raised or kept on any building site, except dogs, cats, or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. Household and yard pets shall be maintained in a clean and sanitary situation and shall not be noxious or a nuisance to the surrounding owners. All yard pets are to be maintained in a fenced area behind the residence at all times. .12. Sight Distance at Intersection. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to 4 remain on any corner tract or lot within the triangular area formed by the street property lines and a line connecting them at points 50 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply to any lot within 10 feet from the intersection of the street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines. 13. Fences. No fence, wall, hedge, or shrub planting shall be located or permitted to extend beyond the minimum setback line established herein, except upon approval by Grantor. 14. Curbs and Gutters. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 15. Architectural Control Committee. (a) The Architectural Control Committee is composed of Cornerstone Development Company's chosen representatives. The committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. Upon completion of all homes in this phase, the ACC shall be the responsibility of the homeowners in this phase. (b) The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction has been commented prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have fully complied with. 16. General Provisions. (a) Term. All of the restrictions, conditions, covenants and agreements shall affect all of the lots as hereinabove set forth and are made for the direct and reciprocal benefit thereof and the covenants shall attach to and run with the land. Said restriction, conditions and covenants shall be binding on all parties and all persons claiming under them for a period of 5 years from the date hereof, after which time they shall be automatically extended for successive periods of five years, provided, however, that such restrictions, conditions, covenants and agreement, or any of them, may be supplemented, changed, or rescinded in any or all particulars at any time by the owners of 55% of the dwellings comprising the area incorporated in this declaration, evidenced by an instrument in writing executed by the 5 said owners in the manner provided by law for the conveyance of real property and duly recorded in the office of the Recorder aforesaid. The provisions of such instrument so executed shall be the Little Rock Planning Commission, and upon such recordation shall be valid and binding upon the sellers and owners of the said lots in said tract, and upon all other persons. (b) Enforcement. If the parties hereto, or their successors shall violate or attempt to violate any of the covenants herein during the period for which they are in force, or during any of the extended periods for which they are in force, it shall be lawful for any person owning any real property subject thereto to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, or either to prevent him or them from so doing or to recover damages or other dues for such violation. (c) Subordination. It is further provided that a breach of any of the conditions contained herein or of any re-entry by reason of such breach shall not defeat or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value as to said premises or any part thereof; but said conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, Trustee's sale or otherwise. (d) Severability. Invalidation of any one or more of these covenants by judgement or court order shall in no way effect any of the other provisions which shall remain in full force and effect. IN WITNESS THEREOF, the undersigned have hereunto set their hands this day of ATTEST: LITTLE ROCK PLANNING COMMISSION APPROVED BY , 1993. MAR-SAN SERVICES, INC. TRUSTEE rl ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF On this the day of , 1993 before me, the undersigned Notary Public, duly qualified and acting within and for the said State and County, appeared and , who acknowledged themselves to be the representative of MAR-SAN SERVICES, Inc., and that they as such, being -authorized so to do, executed the foregoing instrument for the purpose therein contained. My Commission Expires: Notary Public 7 BILL OF ASSURANCE POINT WEST ADDITION PHASE 4 MAR-SAN SERVICES,INC., hereinafter called sole owner of land in Pulaski County, Arkansas described as: Phase 4 Part of the NE 1/4 of Section 8, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows: LEGAL DESCRIPTION: Part of the SW 1/4, NE 1/4 of Section 8, T-1-N, R-13-W, Little Rock, Pulaski County, Arkansas, more particularly described as: Commencing at the NW corner of the NE 1/4, SE 1/4 of Section 8r, thence N 87'08'34" W along the South line of the SW 1/4, NE 1/4 65 49'; thence N 02'19'26 E 20.00' to the Point of Begginning; thence N 5135'S9" W 271.76'; thence N 70'53'46" W 228.47'; thence N 48'23'22W 136.69'; thence N 24'57'37" W 234.81 ; thence N 01'25'45" E 120.00' to a point on the South line of Point West Third Addition, Phase 3; thence S 87'42'34" E along the South line of said Addition 653.70' to a point on the West line of Point West Third Addition, Phase 213; thence S 02'19'26" W along the West line of said Addition 641.60' to the Point of Beginning, containing 6.54 Acres, more or less. WHEREAS, it is deemed desirable that such real property be subdivided into public streets, access and utility easements, and building lots thereto, as show on the plat filed herewith as more particularly designated hereinafter, and that said real property be held, owned, and conveyed subject to the protective covenants herein contained which are imposed upon such real property in order to assure each owner's enjoyment of the view afforded each lot with the least restriction of use thereof and to enhance the value of said real property. NOW, by Robert which is dated the Littl of the R e THEREFORE, Grantor has caused said lands to be surveyed Lowe, Registered Land Surveyor, and a plat thereof made, identified by the title "Point West Addition, Phase 4, is bears a certification of approval executed by e Rock Planning Commission, and is recorded in the Office corder of Pulaski County, Arkansas, as Instrument NO. Grantor hereby made this Bill of Assurance and certified that it has laid off, platted, and subdivided the said lands in accordance with said plat. The said lands shall be forever known as "Point West Addition, Phase 4" and shall hereinafter be called the Subdivision. There are strips of ground shown on said plat which are reserved for the use of public utilities and for drainage purposes respectively, subject at all times to the proper authorities and to the easement herein reserved. Owners of lots in the Subdivision shall take their titles subject to the rights of public utilities and the public. The filing of this Bill of Assurance and said plat for record in the Office of the Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of the streets and easements shown on said plat subject to the limitations herein set out. Hereafter, conveyance and description of any of the said lands by tract or lot number as shown on said plat, accompanied by the words "in Point West Addition, Phase 4, Little Rock, Arkansas", shall be a proper and sufficient description thereof, each such tract or lot to be located and to have the bounds and dimensions shown on said plat. 1. Land _Use —Building -Type and Height Restriction. The building lots herein platted shall be held, owned and used only as residential building sites, and no business, commercial, or industrial use shall be permitted thereon, with exception of the use of a Model Home by Builder site other than a single detached single-family dwelling, not exceeding two and one-half stories in height and an attached private garage. Any extra storage shed or building may not be constructed or erected unless authorized and approved by the Architectural Control Committee, with exception of those construction or trailers that may be needed by Builder. 2. Architectural Control. No building shall be erected, placed, or altered on any property in the Subdivision until the building plans, exterior materials, exterior color scheme, and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations have been approved in writing by the Architectural Control Committee. The Architectural Control Committee shall have the sole and absolute discretion to approve and disapprove any such plans so submitted, and such decision shall be final. No fence other than cedar wood or treated pine shall be permitted unless authorized in writing by the Architectural Control Committee. In the event the Architectural Control Committee fails to approve or disapprove any such material within 30 days after submission, this covenant shall be deemed to have been fully* met by the person submitting such material for approval. There shall be no compensation for the services performed pursuant to this provision. 3. Minimum_ Principal ❑wellimcg_Size. The floor area of any dwelling constructed on any lot or part thereof shall be not less than 1,000 heated and cooled square feet. In all cases the floor area shall be the area of the building within its largest outside dimensions, exclusive of open porches and garages (together with utility and store rooms), breezeways, terraces, exterior or 2 secondary stairways and outbuildings. 4.Setback Re uirements. No Residence shall be located on a Lot nearer to the front Lot line, rear Lot line or side Lot lines than the minimum building setback lines shown in the plat; provided, such setback requirements may be modified, if such modification is approved by the Allotter and the Little Rock Planning Commission or such other entity or regulatory agency as may succeed to their functions. No residence shall be located nearer to an interior Lot line than a distance of 10% of the average width of the Lot, provided, however, that such distance need not exceed eight (8) feet. No residence shall be located on any Lot nearer than 25 feet to the rear Lot line. 5. Re -subdivision. No lot shall be subdivided without first obtaining the written consent of Grantor (provided that Grantor still owns property within the subdivision) and the Little Rock Planning Commission. 6. Easements. (a) Easements -of -way for the streets as shown on the said plat are donated and dedicated to the public, and parties engaged in supplying public utilities shall have the right to use and occupy said easements -of -way and streets for the installation, maintenance, repair, and_ replacement of utility service facilities. Other easements for the installation, maintenance, repair, and replacement of utility service facilities and drainage have been reserved. Any parties supplying utility service shall have the right of ingress to and from and in, over and across said easements, and no improvements, trees, incinerators, fences, or other hindrances shall be placed upon such easement areas that will interfere with the operation and maintenance -of such utility services. In the event such hindrances are built, maintained, or grown within the areas of such easements, no utility shall be liable for destruction of or repair of same. 7. Nuisances. No noxious or offensive 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 neighborhood. No scrap material, rubbish or debris shall be permitted to accumulate upon the premises. Automobiles or obsolete vehicles or machines no longer in service shall not be repaired, overhauled or otherwise worked on in the streets, driveways, or yards. All automobiles and other motorized vehicles including but not limited to, boats, boat trailers, campers, bicycles, motorcycles and three and four wheelers in the said subdivision must be state licensed, state inspected if required by law, and in running order at all times. All vehicles are to be parked at all times in a designated parking area, i.e. garage or driveway, and are not to be parked at any time in a yard or on a porch area. No lot shall be allowed to grow up in weeds, grass or other unsightly growth. All lots shall be kept in a neat and orderly fashion. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage and/or other wastes shall not be kept except in approved sanitary containers. All equipment for the storage and/or disposal of such rubbish, trash, garbage or other wastes shall be kept in a clean 3 and sanitary condition. No garbage or trash containers are to be kept in view of the street unless it is to be picked up that day. No truck, van, bus or motor home with a load capacity of more than one-half ton shall be parked or garaged on any street or residential lot. No boats, motor homes, utility trailers and any other non -everyday use vehicle will be allowed on the lot unless stored in the garage or in back yard behind privacy fence and out of sight at all times. Motorcycles may be kept on the property but must be stored out of sight when not in use. In the event that any lots are sold to a homeowner or builder and no structure is immediately erected, the owner or owners of such lot or lots shall keep said property mowed and in a sanitary condition at all times. If the property is not maintained, the developer shall have the right to maintain the lot or lots and the expense shall become a lien on the property. 8. Temporary Structures. No trailer, mobile home, or similar object, basement, tent, shack, garage, barn, or other outbuilding erected on a building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. No existing structure shall be moved onto a building site in the Subdivision, nor shall any garage be inclosed in a permanent fashion on any residence with.exception or a model home being used by the developer. 9. Antenna and Satellite Dishes. No antenna, aerial, or other device shall be permitted on any structure where some form of TV cable is available, including pay satellite furnished' by others. Where TV cable or pay satellite is not available, the owner is permitted one (1) antenna which will be allowed for the sole purpose of reception of television broadcast only, and such antenna shall be raised to a height necessary for the TV reception in the area. No CB, Yam radio or other antennas will be permitted at all. Satellite dishes are strictly prohibited in this subdivision unless cable is not available. 10. Signs. No signs of any kinds shall be displayed to the public view on any building site, except one sign of not more than 5 square feet advertising the property for sale or rent or signs and flats used by a builder or a realtor to advertise the property during construction and sales periods. 11. Animals, livestock, and Poultry. No animals, livestock, or poultry of any kind shall be raised or kept on any building site, except dogs, cats, or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. Household and yard pets shall be maintained in a clean and sanitary situation and shall not be noxious or a nuisance to the surrounding owners. All yard pets are to be maintained in a fenced area behind the residence at all times. .12. Sight Distance at Intersection. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to 4 remain on any corner tract or lot within the triangular area formed by the street property lines and a line connecting them at points 50 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply to any lot within 10 feet from the intersection of the street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines. 13. Fences. No fence, wall, hedge, or shrub planting shall be located or permitted to extend beyond the minimum setback line established herein, except upon approval by Grantor. 14. Curbs and Gutters. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 15. Architectural Control Committee. (a) The Architectural Control Committee is composed of Cornerstone Development Company's chosen representatives. The committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. Upon completion of all homes in this phase, the ACC shall be the responsibility of the homeowners in this phase. - (b ) The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction has been commented prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have fully complied with. 16. General Provisions. (a) Term. All of the restrictions, conditions, covenants and agreements shall affect all of the lots as hereinabove set forth and are made for the direct and reciprocal benefit thereof and the covenants shall attach to and run with the land. Said restriction, conditions and covenants shall be binding on all parties and all persons claiming under them for a period of 5 years from the date hereof, after which time they shall be automatically extended for successive periods of five years, provided, however, that such restrictions, conditions, covenants and agreement, or any of them, may be supplemented, changed, or rescinded in any or all particulars at any time by the owners of 55% of the dwellings comprising the area incorporated in this declaration, evidenced by an instrument in writing executed by the 5 said owners in the manner provided by law for the conveyance of real property and duly recorded in the office of the Recorder aforesaid. The provisions of such instrument so executed shall be the Little Rock Planning Commission, and upon such recordation shall be valid and binding upon the sellers and owners of the said lots in said tract, and upon all other persons. (b) Enforcement. If the parties hereto, or their successors shall violate or attempt to violate any of the covenants herein during the period for which they are in force, or during any of the extended periods for which they are in force, it shall be lawful for any person owning any real property subject thereto to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, or either to prevent him or them from so doing or to recover damages or other dues for such violation. (c) Subordination. It is further provided that a breach of any of the conditions contained herein or of any re-entry by reason of such breach shall not defeat or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value as to said premises or any part thereof; but said conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, Trustee fs sale or otherwise. (d) Severability. Invalidation of any one or more of these covenants by judgement or court order shall in no way effect any of the other provisions which shall remain in full force and effect. IN WITNESS THEREOF, the undersigned have hereunto set their hands this day of ATTEST: BY LITTLE ROCK PLANNING COMMISSION APPROVED 1993. MAR-SAN SERVICES, INC. TRUSTEE N. �:T�;��[�]:��I�jIT��lv�1�►Y1i STATE OF ARKANSAS COUNTY OF On this the day of , 1993 before me, the undersigned Notary Public, duly qualified and acting within and for the said State and County, appeared and , who acknowledged themselves to be the representative of MAR-SAN SERVICES, Inc., and that they as such, being authorized so to do, executed the foregoing instrument for the purpose therein contained. My Commission Expires: Notary Public 7 BILL OF ASSURANCE POINT WEST ADDITION PHASE 4 MAR-SAN SERVICES,INC., hereinafter called sole owner of land in Pulaski County, Arkansas described as: Phase 4 Part of the NE 1/4 of Section 8, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows: LEGAL DESCRIPTION: Part of the SW 1/4, NE 1/4 of Section 8, T-1-N, R-13-W, Little Rock, Pulaski County, Arkansas, more particularly described as: Commencing at the NW corner of the NE 1/4, SE 1/4 of Section 8; thence N 87'08'34" W along the South line of the SW 1/4, NE 1/4 655.49'; thence N 02'19'26" E 20.00' to the Point of Begginnin9; thence N 51'35'59" W 271.76'; thence N 70'53'46" W 228.47'; thence N 48'23'22' W 136.69'; thence N 24'57'37" W 234.81'; thence N 01'25'45" E 120.00' to a point on the South line of Point West Third Addition, Phase 3; thence S 87'42'34" E along the South line of said Addition 653.70' to a point on the West line of Point West Third Addition, Phase 2B; thence S 02'19'26" W along the West line of said Addition 641.60' to the Point of Beginning, containing 6.54 Acres, more or less. WHEREAS, it is deemed desirable that such real property be subdivided into public streets, access and utility easements, and building lots thereto, as show on the plat filed herewith as more particularly designated hereinafter, and that said real property be held, owned, and conveyed subject to the protective covenants herein contained which are imposed upon such real property in order to assure each owner's enjoyment of the view afforded each lot with the least restriction of use thereof and to enhance the value of said real property. NOW, by Robert which is dated the Littl of the R THEREFORE, Grantor has caused said lands to be surveyed Lowe, Registered Land Surveyor, and a plat thereof made, identified by the title "Point West Addition, Phase 4, is bears a certification of approval executed by e Rock Planning Commission, and is recorded in the Office ecorder of Pulaski County, Arkansas, as Instrument NO. Grantor hereby made this Bill of Assurance and certified that it has laid off, platted, and subdivided the said lands in accordance with said plat. The said lands shall be forever known as "Point West Addition, Phase 4" and shall hereinafter be called the Subdivision. There are strips of ground shown on said plat which are reserved for the use of public utilities and for drainage purposes respectively, subject at all times to the proper authorities and to the easement herein reserved. Owners of lots in the Subdivision shall take their titles subject to the rights of public utilities and the public. The filing of this Bill of Assurance and said plat for record in the Office of the Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of the streets and easements shown on said plat subject to the limitations herein set out. _1 Hereafter, conveyance and description of any of the said lands by tract or lot number as shown on said plat, accompanied by the words "in Point West Addition, Phase 4, Little Rock, Arkansas", shall be a proper and sufficient description thereof, each such tract or lot to be located and to have the bounds and dimensions shown on said plat. 1. Land Use, Building Type and Height Restriction. The building lots herein platted shall be held, owned and used only as residential building sites, and no business, commercial, or industrial use shall be permitted thereon, with exception of the use of a Model Home by Builder site other than a single detached single-family dwelling, not exceeding two and one-half stories in height and an attached private garage. Any extra storage shed or building may not be constructed or erected unless authorized and approved by the Architectural Control Committee, with exception of those construction or trailers that may be needed by Builder. 2. Architectural Control. No building shall be erected, placed, or altered on any property in the Subdivision until the building plans, exterior materials, exterior color scheme, and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations have been approved in writing by the Architectural Control Committee. The Architectural Control Committee shall have the sole and absolute discretion to approve and disapprove any such plans so submitted, and such decision shall be final. No fence other than cedar wood or treated pine shall be permitted unless authorized in writing by the Architectural Control Committee. In the event the Architectural Control Committee fails to approve or disapprove any such material within 30 days after submission, this covenant shall be deemed to have been fully' met by the person submitting such material for approval. There shall be no compensation for the services performed pursuant to this provision. 3. Minimum Principal Dwelling Size. The floor area of any dwelling constructed on any lot or part thereof shall be not less than 1,000 heated and cooled square feet. In all cases the floor area shall be the area of the building within its largest outside dimensions, exclusive of open porches and garages (together with utility and store rooms), breezeways, terraces, exterior or 2 secondary stairways and outbuildings. 4.Setback Requirements. No Residence shall be located on a Lot nearer to the front Lot line, rear Lot line or side Lot lines than the minimum building setback lines shown in the plat; provided, such setback requirements may be modified, if such modification is approved by the Allotter and the Little Rock Planning Commission or such other entity or regulatory agency as may succeed to their functions. No residence shall be located nearer to an interior Lot line than a distance of 10% of the average width of the Lot, provided, however, that such distance need not exceed eight (8) feet. No residence shall be located on any Lot nearer than 25 feet to the rear Lot line. 5. Re -subdivision. No lot shall be subdivided without first obtaining the written consent of Grantor (provided that Grantor still owns property within the subdivision) and the Little Rock Planning Commission. 6. Easements. (a) Easements -of -way for the streets as shown on the said plat are donated and dedicated to the public, and parties engaged in supplying public utilities shall have the right to use and occupy said easements -of -way and streets for the installation, maintenance, repair, and, replacement of utility service facilities. Other easements for the installation, maintenance, repair, and replacement of utility service facilities and drainage have been reserved. Any parties supplying utility service shall have the right of ingress to and from and in, over and across said easements, and no improvements, trees, incinerators, fences, or other hindrances shall be placed upon such easement areas that will interfere with the operation and maintenance of such utility services. In the event such hindrances are built, maintained, or grown within the areas of such easements, no utility shall be liable for destruction of or repair of same. 7. Nuisances. No noxious or offensive 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 neighborhood. No scrap material, rubbish or debris shall be permitted to accumulate upon the premises. Automobiles or obsolete vehicles or machines no longer in service shall not be repaired, overhauled or otherwise worked on in the streets, driveways, or yards. All automobiles and other motorized vehicles including but not limited to, boats, boat trailers, campers, bicycles, motorcycles and three and four wheelers in the said subdivision must be state licensed, state inspected if required by law, and in running order at all times. All vehicles are to be parked at all times in a designated parking area, i.e. garage or driveway, and are not to be parked at any time in a yard or on a porch area. No lot shall be allowed to grow up in weeds, grass or other unsightly growth. All lots shall be kept in a neat and orderly fashion. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage and/or other wastes shall not be kept except in approved sanitary containers. All equipment for the storage and/or disposal of such rubbish, trash, garbage or other wastes shall be kept in a clean �1 and sanitary condition. No garbage or trash containers are to be kept in view of the street unless it is to be picked up that day. No truck, van, bus or motor home with a load capacity of more than one-half ton shall be parked or garaged on any street or residential lot. No boats, motor homes, utility trailers and any other non -everyday use vehicle will be allowed on the lot unless stored in the garage or in back yard behind privacy fence and out of sight at all times. Motorcycles may be kept on the property but must be stored out of sight when not in use. In the event that any lots are sold to a homeowner or builder and no structure is immediately erected, the owner or owners of such lot or lots shall keep said property mowed and in a sanitary condition at all times. If the property is not maintained, the developer shall have the right to maintain the lot or lots and the expense shall become a lien on the property. 8. Temporary Structures. No trailer, mobile home, or similar object, basement, tent, shack, garage, barn, or other outbuilding erected on a building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. No existing structure shall be moved onto a building site in the Subdivision, nor shall any garage be inclosed in a permanent fashion on any residence with.exception or a model home being used by the developer. 9. Antenna and Satellite Dishes. No antenna, aerial, or other device shall be permitted on any structure where some form of TV cable is available, including pay satellite furnished by others. Where TV cable or pay satellite is not available, the owner is permitted one (1) antenna which will be allowed for the sole purpose of reception of television broadcast only, and such antenna shall be raised to a height necessary for the TV reception in the area. No CB, ham radio or other antennas will be permitted at all. Satellite dishes are strictly prohibited in this subdivision unless cable is not available. 10. Signs. No signs of any kinds shall be displayed to the public view on any building site, except one sign of not more than 5 square feet advertising the property for sale or rent or signs and flats used by a builder or a realtor to advertise the property during construction and sales periods. 11. Animals, livestock, and Poultry. No animals, livestock, or poultry of any kind shall be raised or kept on any building site, except dogs, cats, or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. Household and yard pets shall be maintained in a clean and sanitary situation and shall not be noxious or a nuisance to the surrounding owners. All yard pets are to be maintained in a fenced area behind the residence at all times. .12. Sight Distance at Intersection. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to 4 remain on any corner tract or lot within the triangular area formed by the street property lines and a line connecting them at points 50 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply to any lot within 10 feet from the intersection of the street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines. 13. Fences. No fence, wall, hedge, or shrub planting shall be located or permitted to extend beyond the minimum setback line established herein, except upon approval by Grantor. 14. Curbs and Gutters. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 15. Architectural Control Committee. (a) The Architectural Control Committee is composed of Cornerstone Development Company's chosen representatives. The committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. Upon completion of all homes in this phase, the ACC shall be the responsibility of the homeowners in this phase. ( b ) The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction has been commented prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have fully complied with. 16. General Provisions. (a) Term. All of the restrictions, conditions, covenants and agreements shall affect all of the lots as hereinabove set forth and are made for the direct and reciprocal benefit thereof and the covenants shall attach to and run with the land. Said restriction, conditions and covenants shall be binding on all parties and all persons claiming under them for a period of 5 years from the date hereof, after which time they shall be automatically extended for successive periods of five years, provided, however, that such restrictions, conditions, covenants and agreement, or any of them, may be supplemented, changed, or rescinded in any or all particulars at any time by the owners of 55% of the dwellings comprising the area incorporated in this declaration, evidenced by an instrument in writing executed by the 5 said owners in the manner provided by law for the conveyance of real property and duly recorded in the office of the Recorder aforesaid. The provisions of such instrument so executed shall be the Little Rock Planning Commission, and upon such recordation shall be valid and binding upon the sellers and owners of the said lots in said tract, and upon all other persons. (b) Enforcement. If the parties hereto, or their successors shall violate or attempt to violate any of the covenants herein during the period for which they are in force, or during any of the extended periods for which they are in force, it shall be lawful for any person owning any real property subject thereto to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, or either to prevent him or them from so doing or to recover damages or other dues for such violation. (c) Subordination. It is further provided that a breach of any of the conditions contained herein or of any re-entry by reason of such breach shall not defeat or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value as to said premises or any part thereof; but said conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, Trustee's sale or otherwise. (d) Severability. Invalidation of any one or more of these covenants by judgement or court order shall in no way effect any of the other provisions which shall remain in full force and effect. IN WITNESS THEREOF, the undersigned have hereunto set their hands this day of ATTEST: LITTLE ROCK PLANNING COMMISSION APPROVED BY , 1993. MAR-SAN SERVICES, INC. TRUSTEE N. ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF On this the day of , 1993 before me, the undersigned Notary Public, duly qualified and acting within and for the said State and County, appeared and , who acknowledged themselves to be the representative of MAR-SAN SERVICES, Inc., and that they as such, being authorized so to do, executed the foregoing instrument for the purpose therein contained. My Commission Expires: Notary Public 7