Loading...
HomeMy WebLinkAboutS-0285-XXX Application2007003919 01/11/2807 04:11:35 PM Filed 6 Recorded in Official Records of PAT O'BRIEN PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $71.90 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, RANCH PROPERTIES, INC., an Arkansas corporation, hereinafter referred to as the "Allottor", is the owner of the following described land in the County of Pulaski, State of Arkansas, to -wit: PART OF THE W1/2 W1/2 OF SECTION 13, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT L, THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S87°27'33"W ALONG THE NORTH LINE OF SAID TRACT L, 442.25 FT.; THENCE N09°16'25"E, 288.07 FT.; THENCE N11°12'28"E, 108.00 FT.; THENCE N11°58'51"E, 147.00 FT. TO THE SOUTHEAST CORNER OF LOT 36, THE RANCH; THENCE N26048'22"W ALONG THE EAST LINE OF SAID LOT 36, 32.10 FT. TO THE SOUTHWEST CORNER OF LOT 37, THE RANCH; THENCE N60056'32"E ALONG THE SOUTHERLY LINE OF SAID LOT 37, 130.01 FT. TO THE SOUTHEAST CORNER THEREOF; THENCE S29°16'59"E, 5.63 FT. TO A POINT ON THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 52, THE RANCH; THENCE N61022'1I"E ALONG SAID SOUTH LINE, 170.00 FT. TO THE SOUTHEAST CORNER OF SAID LOT 52; THENCE N89°24'56"E ALONG THE SOUTH LINE OF LOT 53, THE RANCH, 99.32 FT. TO THE SOUTHEAST CORNER THEREOF, SAID CORNER LYING ON THE WEST LINE OF LOT 54, THE RANCH; THENCE S12°49'36"E ALONG SAID WEST LINE, 88.41 FT. TO THE SOUTHWEST CORNER OF SAID LOT 54, BEING ALSO THE NORTHEAST CORNER OF THE W1/2 SW1/4, SAID SECTION 13; THENCE S02°30'37"W ALONG THE EAST LINE OF SAID W1/2 SWIA, 598.17 FT. TO THE POINT OF BEGINNING, CONTAINING 5.9210 ACRES MORE OR LESS. -1- BOALOTS 22, 38A7.FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE AND PART OF THE W1/2 W1/2 OF SECTION 13, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 21, THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE N41°13'29"E ALONG THE EAST LINE OF SAID LOT 21, 156.67 FT. TO THE NORTHEAST CORNER THEREOF, SAID CORNER LYING ON THE SOUTH RIGHT-OF-WAY LINE OF COBBLESTONE WAY; THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE BEING THE ARC OF A 36.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S37012'47"E, 26.01 FT.; THENCE N73°41'55"E, 50.00 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 125.78 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S58°27'30"E, 169.06 FT.; THENCE N79°17'17"E, 111.63 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A 179.63 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N45040'38"E, 198.87 FT.; THENCE N12003'59"E, 92.31 FT.; THENCE NORTHERLY ALONG THE ARC OF A 384.26 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N07°40'47"E, 56.42 FT. TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COBBLESTONE WAY; THENCE S86°17'33"E ALONG SAID RIGHT-OF-WAY LINE, 50.00 FT.; THENCE SOUTHERLY ALONG THE ARC OF A 434.26 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S07°42'12"W, 63.70 FT.; THENCE S12°03'59"W, 92.31 FT.; THENCE SOUTHWESTERLY ALONG THE ARC OF A 229.63 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S45°40'38"W, 254.22 FT.; THENCE S79'ITI7W, 111.63 FT.; THENCE NORTHWESTERLY ALONG THE ARC OF A 175.78 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N73030'53"W, 160.68 PT.; THENCE S51°00'43"W, 125.79 FT.; THENCE N48"47'56"W, 91.04 FT. TO THE POINT OF BEGINNING, CONTAINING 1.1609 ACRES MORE OR LESS. AND WHEREAS, it is desirable that all of the above described property be platted into lots and streets. NOW THEREFORE, WITNESSETH: That the said 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, have caused said tracts of land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Paul M. White, a Professional Land Surveyor, License Number 1281, and Timothy E. -2- BOA,LOTS 22, 38-47.FINAL 1 , r DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE Daters, a Professional Engineer, License Number 5033, said plat bearing the signature of the said Surveyor and Engineer and being of record in the office of Ahe Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat --l' �2 and the Allottor does hereby make this Declaration of Restrictive Covenants and Bill of Assurance. IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the lands herein described, in accordance with the aforesaid Plat. The Lots embraced in said Plat shall be forever known as: Lots 22, 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47, The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas; and any and every deed of conveyance of any Lot shown on the Plat describing the same by the lot number shown on said Plat shall always be deemed a sufficient description thereof. Moreover wherever the terms "Lot or Lots" are used herein same shall mean the Lots shown on the Plat unless another meaning is expressly stated. Likewise the term "Addition" when used herein means The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas. The Allottor hereby 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 as public streets. In addition to said street rights -of -way there are strips of ground shown and dimensioned on said Plat marked "Easement", which Allottor hereby donates and reserves for the use of and by public utilities and for drainage purposes, subject at all times to the proper authorities and to the easements and restrictive covenants herein reserved. All persons, natural and artificial, who become owners of the Lots shown on the Plat, shall take their titles subject to the rights of public utilities and the public in the street rights -of - way and the utility and drainage easements shown on the Plat. The filing of this Declaration of Restrictive Covenants and Bill of Assurance and the Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the street rights -of -way and the Easements shown on the Plat. The streets shown on said Plat shall henceforth be known by the names designated on the Plat and same shall be of the length and width shown thereon. The Lots shown on the Plat shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions -3- BOA.LOTS 22. 3847.FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon all owners and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable, uniform and suitable as residential property, to -wit: ARTICLE I LAND USE, BUILDING TYPE AND HEIGHT The Lots shown on the Plat 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 shown on the Plat other than a single detached single family residence which shall not exceed two and one-half stories in height when seen from the front or principal street facades, 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) nor more than four (4) motor vehicles no portion of which may thereafter be converted into living space or for any other purpose without the prior written approval of the Allottor, and such other outbuildings only as are iincidental and related to the residential use of the Lot. 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 which shall have 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 BOA LOTS 22, 38-47 FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE majority vote of the members. 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 may be. (c) Requirements Before Construction. No building or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon any Lot shown on the Plat until the building plans, specifications, exterior color schemes, general plan of landscaping 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 Committee. Prior to commencement of any construction upon any Lot or part of any Lot, the Owner of a Lot shown on the Plat shall submit to the Committee, the following documentation with respect to any proposed construction: (i) Plot Plan (ii) Floor Plan of the proposed structure (iii) Front, rear, right and left elevations of the proposed structure (iv) General Plan of Landscaping (v) Specifications reflecting the choice of exterior building materials and color scheme of the proposed structure (vi) Such other documentation as the Architectural Control Committee may request for purposes hereof, the term "proposed construction" shall include, but shall not be limited to, new construction of a residence, or other building or structure, remodeling, adding to or modifying an existing residence or other structure, installation of a fence or wall, construction or remodeling of outbuildings and/or detached garages or other accessory structures, construction or installation of storm cellars, swimming pools, tennis courts, installation of an antenna or other similar electronic signal reception devises whether on a structure or on a Lot, construction of ponds or lakes, installation of any sign, and construction of driveways. The Committee shall use its best judgment to see that all improvements, construction, landscaping, and alterations on a Lot shown on the Plat to and harmonizes with existing surroundings and structures on other Lots, -5- BOA.LOTS 22, 3847.FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE and are otherwise in conformity with the intent of this Declaration of Restrictive Covenants and Bill of Assurance. All 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 15 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, the design, plans and specifications for any 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 any proposed construction within 15 days of receipt of the hereinbefore described 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 prior to submission of the required documentation as hereinbefore set forth and receipt of either written approval of the Committee or 15 days from the date of receipt of said documents by the Committee shall have elapsed. 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 twelve (12) months after commencement. (d) Design Standards. As is hereinbefore stated, it is the intention of the Allottor that the Lots shown on the Plat be developed and maintained in a consistent and harmonious manner. In furtherance of and in keeping with the purposes hereof, the Committee shall promulgate, from time to time, DESIGN STANDARDS, which shall be utilized in reviewing 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. No building or other improvement shall be erected, placed, altered, reerected or permitted to remain on or upon any Lot shown on the Plat except if same is constructed in conformity with: (i) the plans and specifications as approved by the Committee, (ii) the DESIGN STANDARDS in effect from time to time, and (iii) the provisions of this Declaration. M BOALOTS 22, 38A7.FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ARTICLE III MINIMUM PRINCIPAL BUILDING SIZE No residential building shall be constructed, erected, placed, altered, reerected or permitted to remain on or upon any Lot shown on the Plat unless the finished heated and cooled living area thereof, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall equal or exceed 2400 square feet for a one story building, or, 2800 square feet for a split level or a multi -level building. Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. ARTICLE IV BUILDING LOCATION No building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any Lot shown on the Plat nearer to the front lot line, rear lot line or nearer to the side street line than the minimum building setback lines shown on the Plat. No building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any Lot shown on the Plat nearer than a distance equal to ten percent of the width of the lot at the front building line, or eight (8) feet, whichever is greater, to an interior lot line. For the purposes of this paragraph, eaves, steps, balconies, and open porches shall be considered as a part of the building, but open terraces or patios without roofs shall not be so considered. ARTICLE V LOT AREA AND WIDTH No Lot shown on the Plat shall be subdivided or resubdivided or replatted without the written consent of the Allottor, which consent may be unreasonably withheld. In any event no building shall be erected, constructed or placed on any building site or lot having a width of less than seventy (70) feet at the minimum building set back line, nor shall any building be erected, constructed or placed on any lot having an area of less than ten thousand (10,000) square feet. VZ BOA.LOTS 22, 38A7,FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ARTICLE VI EASEMENTS Easements of way for streets as shown on the plat filed herewith have herein been donated and dedicated to the public, and the persons, firms or corporations engaged in supplying public utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, cable, water and sewer, shall have the right to use and occupy said easements of way and streets for the installation, maintenance, repair and replacement of such utility services. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have herein been reserved, 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 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 the underground electric cables and conductors supplying telephone and electric power service; and, as the electric distribution transformer stations and 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 electric and telephone cables, facilities and equipment, and the supplying of service from such equipment are also prohibited. No incinerators, structures, buildings or similar improvements shall be built or maintained within the area of such utility easements. No excavations within the area of such easements for the erection of any fences (wood, wire, stone, 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 shown on the Plat shall install and maintain in conformity with applicable code requirements and other regulations, underground utility services, including electrical, natural gas, 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. The owner of any Lot shown on the Plat shall dig and backfill in conformity with applicable code requirements W-2 BOA LOTS 22, 38 47.FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE and other regulations a ditch for utility services. No individual water supply system or individual sewerage disposal system shall be permitted to be constructed or operated on any of the Lots shown on the Plat. No television dish, antennae or similar equipment shall be installed on any of the Lots shown on the Plat without the prior written consent of the Allottor. ARTICLE VIII NUISANCES No noxious or offensive activity or commercial business activity shall be carried on upon any Lot shown on the Plat, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the owners of Lots. No trucks, commercial vehicles or inoperative vehicles may be stored or parked on a Lot shown on the Plat 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. ARTICLE IX TEMPORARY STRUCTURES No mobile home, trailer, tent, shack, garage, barn, or outbuilding erected on a Lot shown on the Plat 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 shown on the Plat, except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder or developer 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. BOA,LOTS 22. 38ATKNAL { ' 1 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ARTICLE XI LIVESTOCK AND POULTRY No animals, livestock, or poultry of any kind shall be raised or kept on any Lot shown on the Plat, 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 shown on the Plat shall be placed or permitted to remain on any corner Lot shown on the Plat within the triangular area formed by the street lines and a line connecting them at a point 25 feet from the intersection of the street lines; or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points 25 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 corner 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 Allottor. Further there shall be no barbed or other similar wire fences erected or placed on any Lot shown on the Plat nor shall any chain link fence of any type or kind be erected or placed on any Lot shown on the Plat which can be seen from any street. WIN BOA LOTS 22, 38A7.FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ARTICLE XIV STREET ACCESS, DRIVEWAYS All driveways will be constructed of concrete surface material 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 motor homes, camper trailers, travel trailers, utility trailers or boat trailers shall be permitted to be parked, stored or remain upon any Lot shown on the Plat, unless same is parked or stored and remains in a fully enclosed stall of the garage. No 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 buildings, structures and improvements constructed, erected and reerected on any Lot shown on the Plat 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 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 shown on the Plat unless, prior to the Lot being offered for sale or issuance of a certificate of occupancy by the City of Little Rock, top soil shall be installed, leveled and solid sodded with live zoysia grass sod, or such other variety of grass sod as is approved by the Committee, in all yard areas of the Lot and shrubs shall be planted in planting areas immediately adjacent to the 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 on any Lot shown on the Plat 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 -11- BOA-LOTS 22, 38ATHNAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE landscaping to be installed. Upon the failure of the Owner to maintain the exterior of any 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 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 shown on the Plat at reasonable hours on any business day. Notwithstanding any contrary provision hereof, the Committee or the Association may enforce the requirements of this subparagraph by litigation at law, or in equity, and the costs of such litigation including any attorney's fees, 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 this Article 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 corners and points of curve, and all Lot dimensions shown on curves are chord distances, and all curve data as shown on the attached plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. ARTICLE XVIII THE RANCH COMMUNITY PROPERTY OWNERS ASSOCIATION, INC. There has been formed by the Allottor a non-profit corporation known as The Ranch Community Property Owners Association, Inc. Each Owner of any Lot shown on the Plat by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to fully abide by and comply with the Articles of Incorporation and By -Laws of the Association, as the same now provide and as amended from time to time. The activities of the Association with respect to the hereinbefore described lands 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 shown on the Plat shall be a member of the Association. Membership shall be appurtenant to and not be separated from ownership of any -12- BOA LOTS 22, 38-47.FTNAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE Lot shown on the Plat which is subject to assessment. The Owner(s) of each Lot shown on the Plat shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot shown on the Plat, 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 shown on the Plat 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 or areas owned or operated by the Association which shall be appurtenant to and which shall pass with the title to every Lot shown on the Plat, at such time or times as the same shall be conveyed to the Association by the Allottor, subject to the following provisions: (i) The right of the Association to charge assessments for the maintenance and repair of any common area or other areas, facilities or lands owned or operated or maintained by the Association; (ii) The right of the Association to suspend voting rights and rights to use of the common area or other areas, facilities or lands owned or operated or maintained by the Association by an Owner for any period during which any assessment as hereinafter described against such Owner's Lot remains unpaid; and for a period not to exceed 60 days for any infraction of the published rules and regulations regarding the use of such common area or other areas, facilities or lands owned or operated or maintained by the Association promulgated by the Association; (iii) The right of the Association to dedicate or transfer all or any part of any common area or other areas, facilities or lands owned or operated or maintained by the Association to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Association. No such dedication or transfer shall be effective except upon the vote of a majority of the Members. (iv) The right of the Association to grant such other licenses or easements for such rental or consideration, all as the Association deems appropriate, to construct, maintain, use, repair and occupy boat docks and slips or other similar improvements. -13- BOA-LOTS 22, 38A7.FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (v) The right of the Association to take such other actions as are prescribed by the Association's Articles of Incorporation and By -Laws, as amended from time to time. (vi) The right of the Allottor to use of any of the Common Areas to promote sales of unsold Lots platted hereby, such use to be without cost to Allottor. (c) Covenant for Maintenance Assessments. Each Owner of any Lot shown on the Plat by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any annual assessments or charges and any special assessments, together with interest and costs of collection and attorney's fees, if any; all as are established and charged as hereinafter provided and to make all such payments as and when due and in the manner herein prescribed, time being of the essence. Unless otherwise agreed to in a separate writing, Allottor shall have no liability for payment of any such assessments for any Lots shown on the Plat owned by Allottor. The annual and special assessments, together with interest, costs of collection and attorneys fees, shall be a charge on the Lots shown on the Plat and shall be a continuing lien upon the Lots shown on the Plat against which each such assessment is made. Each such assessment, together with interest, cost of collection and attorney's fees, shall also be the personal obligation of the person or persons who is or was the Owner or Owners of such Lot shown on the Plat at the time when the assessment fell due. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by such successors. The assessments levied by the Association shall be used exclusively for the recreation, health, safety and welfare of the members of the Association, for the improvement and maintenance of any common area or other areas, facilities or lands owned or operated or maintained by the Association or for which the Association assumes a responsibility, whether public or private; and for insurance, taxes, and other costs and expenses related to, and, in the discretion of the Board of Directors, consistent with the purposes of the Association. The initial annual assessment for vacant unimproved Lots shown on the Plat shall be $216 and for Lots shown on the Plat upon which a residence is constructed or other improvements are made shall be $348. The initial annual assessment 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. From and after the establishment of the initial annual assessment, changes in the amount of the annual assessment shall be made in accordance with the Association's By-laws. Further, notwithstanding anything to the contrary herein contained, the Board of Directors of the Association shall be empowered in the manner and for the purposes prescribed by the Association's By-laws to levy, in any assessment year, a special assessment applicable to that year only for the purpose of deferring or =14- BOA.LOTS 22, 38-47.FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE paying, in whole or in part, the costs of any construction, reconstruction, repair or replacement of a capital improvement located upon and situated in any Common Area or any areas owned by the Association or for which the Association assumes a responsibility, including fixtures and personal property related thereto. The annual assessments hereinbefore described, once levied, shall commence as to each Lot shown on the Plat upon the first day of the month following the date of the levy. The first annual assessment 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 annual assessment against each Lot shown on the Plat 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. (d) Effect of Nonpayment of Assessments and Remedies. Any assessment not paid within 30 days after the due date thereof as established and fixed by the Board of Directors of the Association shall bear interest from the due date at the maximum lawful rate. The Association may, upon such default, bring an action at law against the Owner or Owners personally obligated to pay the same, or foreclose the lien of the assessment against the applicable Lot. In the event the assessments established and charged by the Association, or any part thereof, is not paid as and when due and is collected by or through an attorney, the Owner of the Lot agrees to pay all costs of collection including, but not limited to, reasonable attorneys' fees. The Owner may not waive or otherwise escape liability for the assessments herein provided by non-use of the common area or abandonment of his Lot. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any Lot shown on the Plat shall not affect the assessment lien; provided, however, that the sale or transfer of any Lot shown on the Plat pursuant to any mortgage foreclosure or proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale shall relieve such Lot platted hereby from liability for any assessment thereafter becoming due or from the lien thereof. -15- BOA.LOTS 22. 38A7 FINAL Y DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ARTICLE XIX ADDITIONAL PROPERTY Allottor reserves the right to, but shall not be obligated to, develop additional tracts of land, whether adjoining, adjacent or otherwise situated (hereinafter referred to as the "Additional Tracts") and may, in its sole discretion, elect to cause the development of Additional Tracts to be governed by covenants similar to the covenants herein set forth and may have common areas which may be conveyed to the Association to be maintained and kept landscaped by and at the expense of the Association or for which the Association may assume all maintenance and landscaping responsibility. Furthermore, Allottor may, in its sole discretion, elect: (i) to invite and then allow and consent by separate written instrument signed by Allottor and an owner, any one or more property owners in any subdivisions previously developed by Allottor to become members of the Association and thus subject to all duties, responsibilities and assessments in accordance with such membership and entitled to all privileges, rights and enjoyment of common areas of all other members of the Association; and, (ii) to cause and allow any property owners in any other or subsequent development of the Additional Tracts or phases thereof to become members of the Association by virtue of owning a lot in such development and thus subject to all duties, responsibilities and assessments in accordance with such membership and entitled to all privileges, rights and enjoyment of common areas of all other members of the Association. ARTICLE XX RIGHT TO ENFORCE The restrictions, covenants and provisions herein set forth shall run with the Lots shown on the Plat and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of the Lots shown on the Plat. Allottor and any owner of any of the Lots shown on the Plat 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, covenants and provisions set forth herein, in addition to any ordinary legal action for damages, and the prevailing party or parties shall be entitled recover the costs of such litigation, whether at law or in equity, including any attorney's fees in such amount as the court may set. The failure of Allottor or any owner of any of the Lots shown on the Plat to enforce any of the -16- BOA10TS 22, 38A FINAL � 1 1 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE 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 Allottor is the owner of any of the Lots shown on the Plat, then any and all of the 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 solely by the Allottor. Alternatively, any and all of the 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 at least seventy (70%) percent of the owners of the Lots shown on the Plat; 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 Lots shown on the Plat, 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 covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2023. 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. Otherwise the personal representatives, heirs and successors of the Allottor shall automatically be bound by and shall succeed to the rights, duties and obligations of the Allottor. -17- BOA10TS 22, 38ATKNAL ., DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ARTICLE XXIII EXTENSION All provisions, covenants and restrictions 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. r1+ EXECUTED this _day of 2007. RANCH PROPERTIES, INC. BY: %C Ed K. Willis, President ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI) On this - 1 day of c'k, 2007, before me a Notary Public, duly commissioned, qualified and acting, within Ad for the Coup and State aforesaid, appeared in person the within named Ed K. Willis to me personally well known, who stated that he was the President of Ranch Properties, Inc., an Arkansas corporation, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of the said corporation, 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. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal on its [ 1 `1 �' day of ���� � \SA G- K14e�rrrr�' ' .*,,ts(01V • is �o�nber r2��fo� $ Notary Public My Commission Expires: r y ! a V �.. — ■ • — �' Ravi —Nod C'^:l' fCi if1C�iE3i^:1 Of i11IR's1311:Ci3 � = Yhn Cif Of i ;�;r Rec?:subd=vivio� s require i 1 � L 9 i• • - r f rri�.�ir � �l'Zfl.`.:v�a � . .. /r� AG • u�(fCOs �:•"��� Gkryrr0+rP i.la f Ck�� Ci iiuTi:iiS:�k "' t:iiJR� GF ti; if r T i `� 18 _ Litiie R'c; sui ivssion and zer ny BOALOTS 22, 3847.FINAL !u' OF !_Ittie PtOC}f Qii.,� nl^� Cv�il!i1SS�lOrl CIVIL ENGINEERING TDI"f:GION FINAL PLAT FILING APPROVALS FINAL PLAT NAME _THE RANCH LOT 22 & LOTS 38-47 INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. V,�,�, Engineering Specialist Date: ADDRESSING SPECIALIST'S REPORT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: Certain improvements remain uncompleted and a punch list has been prepared and sent. RQt-► '1Q Traffic Engineer CIVIL ENGINEER REPORT Date: I have reviewed the file for this matter and find that: V The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All oth(zxr quirements for final plat approval have been satisfied. V'L' '3` 0 Civil Engineer I/II Date: , I I�IS17 SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Date: III 6 `7 Design Review Engineer/Civil Engineering Manager July 2005 Dater O City of Little Rock Planning and Development Filing Fees Date: I , 20 Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at ea. Public Hearing Signs Number at ea. Total T;lIP Met P, E11