HomeMy WebLinkAboutS-0285-YYY Application2007045678
06/11/2007 02:09:34 PM
Filed & Recorded in
Official Records of
PAT OIRRIEN
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $89.96
BILL OF ASSURANCE
OF
PARKLAND HEIGHTS SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Parkland Heights Ranch Properties, LLC, a Florida limited liability
company, (the "Grantor'), is the sole owner of certain real property lying in the County of
Pulaski, State of Arkansas as described in Exhibit "A," (the "Property"); and,
WHEREAS, it is deemed desirable by Grantor that the Property be subdivided into lots
(the "Lots"), and Common Areas, (as hereafter defined), and as shown on the Plat, (as hereafter
defined); and,
WHEREAS, by this Plat and Bill of Assurance, Grantor intends to create for its benefit,
and for the mutual benefit of all future owners of all or a portion of the Property, certain rights,
easements, covenants and conditions governing the use, enjoyment and maintenance of the
Property;
NOW, THEREFORE, Parkland Heights Ranch Properties, LLC, the sole owner of the
Property, for and in consideration of the benefits accrued and to accrue to it, which benefits are
hereby acknowledged to be of value, has caused a plat, a copy of which is attached hereto as
Exhibit `B," showing surveys made by Paul M. White of White-Daters & Associates, Inc.,
Registered Professional Engineer, and bearing a Certificate of Approval executed by the Little
Rock Planning Commission, and is on record in the Office of the Circuit Clerk and ex-officio
Recorder of Pulaski County, Arkansas, in Plat Book = , Page Off, (the "Plat"), and
Grantor does hereby make this Bill of Assurance. The Plat shows the bounds and dimensions of
the Property now being subdivided into Lots and Common Areas. There are also shown on the
Plat certain easements for drainage and utilities which Grantor does hereby donate and dedicate
to and for the use by public utilities, the same being, without limiting the generality of the
foregoing, electric power, gas, telephone, water and sewer, with the right hereby granted to the
persons, firms or corporations engaged in supplying the same, and to the extent set forth herein,
to the owners of abutting lots, to use and occupy such easements and to have free ingress and
egress therefrom for the installation, maintenance, repair and replacement of such utility
services. The Plat further contains access easements for providing access t<R• ` ts•,fpr the
benefit of and to be shared by the owners of Lots in the Subdivision. �.•• `'�'VRC!!j
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Parkland Heights Bill of Assurance
Page 2
The filing of this Bill of Assurance and Plat for record in the Office of the Circuit Clerk
and Ex-Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and
dedication of these easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as "Parkland Heights Subdivision
Phase I, an addition to the city of Little Rock, Pulaski County, Arkansas," (the "Subdivision"),
and every deed of conveyance for any Lot or Tract in said Subdivision describing the same by
the number or numbers shown on the Plat shall be deemed a sufficient description thereof.
Grantor will develop and convey all of the Property pursuant to a general plan for all of
the Property and the Property shall be held, sold, conveyed, encumbered, used, occupied, and
improved subject to certain restrictive covenants, conditions, restrictions, reservations,
easements, equitable servitudes, liens, and charges, all of which shall run with the Property as set
forth herein, and are for the purpose of uniformly enhancing the value, appearance, and
desirability of the Property in furtherance of a general plan for the protection, maintenance,
improvement, and sale of the Property. The restrictive covenants, conditions, restrictions,
reservations, easements, equitable servitudes, liens, and charges, as hereinafter set forth, shall run
with the Property and shall be binding upon all persons having any right, title, or interest in the
Property, or any portion thereof, their heirs, successors and assigns. The restrictive covenants,
conditions, restrictions, reservations, easements, equitable servitudes, liens, and charges, as
hereinafter set forth, shall inure to the benefit of every portion of the Property and every interest
therein and shall inure to the benefit and be binding upon Grantor and its successors -in -interest
and may be enforced by Grantor or its assigns or successors -in -interest or by the property
owners' association as provided below.
Nothing contained herein shall be deemed or construed to prohibit or restrict Grantor's
right to complete the development of the Property and the construction of the improvements on
the Property nor Grantor's right to construct and maintain demonstration homes and offices for
construction and/or sales on the Property nor shall Grantor be restricted in any way from posting
signs incidental to the construction, development or sale of any portion of the Property.
The Property platted by this instrument and any interest therein shall be held and owned
subject to and in conformity with the declarations and covenants set forth in this instrument
which shall be construed to be covenants running with the Property and shall be binding on all
owners of the Lots in the Subdivision and upon their heirs and assigns, subject to being amended
or canceled as provided hereafter, until such time as this Bill of Assurance shall terminate in
accordance with section (g) of Article XVH, to -wit:
ARTICLE I
PROPERTY OWNER'S ASSOCIATION
(a) There has been formed by the Grantor an Arkansas nonprofit corporation known
as the Parkland Heights Property Owners' Association, Inc., (the "Association"), embracing all
of the Subdivision. Each owner of any Lot by acceptance of a deed therefore, whether on not it
Parkland Heights Bill of Assurance
Page 3
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 amended from time to
time. The activities of the Association with respect to the hereinbefore described lands shall, in
addition to said Articles of Incorporation and By -Laws, be subject to the directions, limitations,
and conditions set forth in this Article I.
(b) Upon a deed to any Lot being filed of record in the Office of the Circuit Clerk and
Ex-Officio Recorder for Pulaski County, Arkansas, the grantee(s) of such Lot shall automatically
become members of and shall be subject to the obligations and duly enacted by-laws and rules of
the Association and shall retain membership until such time as his or her ownership of such Lot
ceases for any reason, whether by sale or otherwise. No owner shall have more than one (1)
membership in the Association and membership in the Association shall not be assignable,
except to a successor -in -interest of the owner. Membership in the Association shall be
appurtenant to and may not be separated from fee ownership of any Lot, which is subject to
assessment. The sole qualification for membership in the Association shall be the ownership of a
Lot in the Subdivision.
(c) Membership in the Association shall not be transferred, pledged, or alienated in
any way except for the sale or encumbrance of a Lot, and then only to the purchaser or
mortgagee of such Lot. Any attempt to transfer, pledge, or alienate a membership in the
Association other than by a sale or encumbrance of a Lot is void and will not be recognized by
the Association. In the event of a sale of a Lot to a contract purchaser under a contract to
purchase a Lot, the member may delegate to such contract purchaser his or her membership
rights in the Association by notifying the Association, in writing, of the delegation of the
membership rights to the contract purchaser. The contract seller shall, however, remain liable
for all charges and assessments attributed to such Lot until fee title to the Lot is transferred to the
contract purchaser. Upon the delivery of a copy of a duly recorded deed to any Lot by the
purchaser of said Lot, the Board of Directors shall have the right to record the transfer on the
books of the Association and may charge a reasonable amount against the new owner and his or
her Lot as a special assessment for the expense associated with the transfer of said membership
on the books of the Association.
(d) Responsibility for the actual operation of the Association shall be vested in a
Board of Directors of the Association in accordance with the provisions of this Bill of Assurance
and the Bylaws of the Association. The Board of Directors shall be responsible to the
Association, but may delegate the responsibility for the operation and administration of the
Association to a managing agent.
(e) Notwithstanding anything to the contrary contained in this instrument, Grantor
shall have the right to designate a managing agent for the Association and to enter into a contract
with said managing agent on behalf of the Association and its Board of Directors for a period not
to exceed the first five (5) years of operation of the Association subsequent to its effective date.
The term "effective date" as used in this paragraph shall mean the date on which this instrument
Parkland Heights Bill of Assurance
Page 4
is filed of record in the Office of the Circuit Clerk and Ex-Officio Recorder for Pulaski County,
Arkansas.
ARTICLE II
VOTING RIGHTS
The Association shall have two (2) classes of voting membership as follows:
Class A. Class A members shall be all owners of Lots with the exception of
Grantor and will be entitled to one vote for each Lot owned. When more than one (1)
person holds an interest in any Lot, all those persons will be members. The vote for that
Lot will be exercised as those multiple owners among themselves determine, but in no
event will more than one (1) vote be cast with respect to any Lot.
Class B. (a) The Class B member shall be Grantor and Grantor shall be
entitled to three (3) votes for each Lot owned. The Class B membership will cease and
be converted to Class A membership on the happening of either of the following events,
whichever occurs first:
(i) when the total votes outstanding in the Class A membership exceeds the total
votes outstanding in the Class B Membership; or,
(ii) Ten (10) years from the date this Bill of Assurance is recorded in the office of
the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas.
(b) In the event Grantor shall cause additional property to become a part of
the Subdivision pursuant to Article XV, with respect to each additional phase, and with
respect to each lot contained on the plat of the additional phase as well as each Lot owned
by Grantor contained on the plat of any prior phase (regardless of whether the Class B
membership with respect to such Lot terminated prior to the filing of the plat of the
additional phase in which case the Class B membership shall be reinstated), Grantor shall
be a Class B member and Grantor shall be entitled to three (3) votes for each Lot owned
by Grantor. The Class B membership with respect to each such Lot shall cease and be
converted to Class A membership on the happening of either of the following events,
whichever occurs first:
(i) when the total votes outstanding in the Class A membership for all Lots in the
Subdivision, regardless of the phase of development in which said Lots became a part of
the Subdivision, exceeds the total votes outstanding in the Class B membership; or,
(ii) Ten (10) years from the date this Bill of Assurance is recorded in the office of
the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas.
Parkland Heights Bill of Assurance
Page 5
ARTICLE III
POWERS OF ASSOCIATION
The Association is hereby vested with the following powers and responsibilities:
(a) The operation of the Architectural and Landscaping Control Committee pursuant
to Article IX of this Bill of Assurance;
(b) The maintenance and repair of the Common Area and the facilities and
improvements situated thereon, which may include, but not be limited to, a clubhouse, pool,
playground, putting green, streets, street lights, landscaped areas, gated entrances, signs,
sidewalks, walking and bicycle paths, easement right-of-ways, and other Common Area
improvements and the establishment of rules and regulations governing the use and enjoyment of
the same;
(c) The performance of any general maintenance of the exterior surface of any
dwelling unit situated on any Lot, including, but not limited to the exterior walls, roof, doors and
windows, as deemed necessary and appropriate by the Board of Directors, in its absolute and
sole discretion, in order to maintain the uniformity of the Subdivision and to maintain the
Subdivision in an aesthetically attractive manner for the peaceful enjoyment of the owners of
Lots and for the protection of the value of the Property, provided, this provision shall not be
construed to give any owner of a Lot any right, whatsoever, to have any specific maintenance or
repairs made by the Association nor shall this provision be construed to provide any owner of
any Lot any claim or cause of action whatsoever against the Association related to or arising
from the failure of the Association to perform any maintenance or repair to any dwelling unit, it
being understood that all maintenance to the exterior surface of any dwelling unit not performed
by the Association and all repairs, replacements, improvements, and alterations to any dwelling
unit that are not done by the Association shall be the responsibility of the owner of the Lot and
dwelling unit and shall be undertaken and carried out in conformity with Article IX of this Bill of
Assurance;
(d) The installation, maintenance, and repair of landscaping and grass in unfenced
portions of the Lots and the installation, maintenance, operation and repair of any sprinkler
systems on any Lot pursuant to the provisions of this Bill of Assurance;
(e) The levy and collection of Association assessments as the Association deems
necessary and appropriate pursuant to Article IV of this Bill of Assurance;
(f) The employment of a professional manager to perform all or any part of the duties
and responsibilities of the Association, and the power to delegate its powers to committees,
officers, and employees;
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(g) The employment of professionals including, but not limited to, attorneys and
accountants as deemed necessary and appropriate by the Association in the performance of its
duties and responsibilities;
(h) The payment of the Common Area Maintenance Fund Assessment attributable to
the Property as provided in that certain Declaration of Restrictive Covenants and Bill of
Assurance, filed for record on the 19P day of April, 2006, and recorded as Instrument Number
2006029407 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County,
Arkansas, which shall be timely paid by the Association; and,
(i) All other powers as may be necessary in the performance of the provisions of this
Bill of Assurance.
ARTICLE IV
ASSESSMENTS OF ASSOCIATION
(a) Grantor, for each Lot owned within the Subdivision, hereby covenants, and each
owner of any Lot by acceptance of a deed therefore, whether or not it shall be so stated in such
deed, is deemed to covenant and agree, to pay to the Association: (1) annual assessments on
charges; and, (2) special assessments for capital improvements or otherwise as provided in this
Bill of Assurance, such assessments to be established and collected as provided in this Bill of
Assurance. The annual and special assessments, together with interests, costs, and reasonable
attorney's fees, will be a charge on the Lots and will be a continuing lien on the Lot against
which each assessment is made. Each assessment, together with interests, costs, and reasonable
attorney's fees, will also be the personal obligation of the person who was the owner of the Lot
at the time when the assessment fell due. The personal obligation for delinquent assessments
will not pass to successors in title unless expressly assumed by them but the lien against the Lot
shall survive the sale of the Lot to the successor in title.
(b) The assessments levied by the Association will be used exclusively to promote the
recreation, health, safety, and welfare of the owners of Lots and for the improvement and
maintenance of the Lots, including the exterior surface of the dwelling units, Subdivision and
Common Areas as provided herein and for the payment of the legal obligations of the
Association incurred by it in the performance of its duties as provided herein. The Association is
expressly authorized to establish and maintain such reserve accounts as deemed necessary and
appropriate by the Board of Directors.
(c) In addition to the annual assessments authorized above, the Association may levy,
in any assessment year, a special assessment applicable to that year only for the purpose of
defraying the cost of any construction, reconstruction, repair or replacement of a capital
improvement on the Common Area, including fixtures and personal property, provided that any
special assessment for such capital improvements must have the assent of two-thirds of the votes
of each class of members who are voting in person or by proxy at a meeting duly called for this
purpose.
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(d) Written notice of any meeting called for the purpose of taking any action
authorized under section (c) of this Article must be sent to all members not less than thirty (30)
days in advance of the meeting. At the first called meeting, the presence of members or of
proxies entitled to cast sixty percent (60%) of all the votes of each class of membership will
constitute a quorum. If the required quorum is not present, another meeting may be called
subject to the same notice requirement, and the required quorum at the subsequent meeting shall
be fifty percent (50%) of all the votes of each class of membership. No subsequent meeting for
this purpose may be held more than sixty (60) days following the preceding meeting.
(e) Both the annual and special assessments, with the exception of the special
assessment provided for in section (c) of Article I, must be fixed at a uniform rate for all Lots.
(f) The annual assessments provided under Article IV(a), shall commence as to all
Lots on the first day of the month following the conveyance of the Common Area to the
Association. The first annual assessment will be adjusted according to the number of months
remaining in the in the calendar year. The Board of Directors of the Association shall fix the
assessment against each Lot on an annual basis and shall provide written notice to each owner of
a Lot subject to assessment. The amount of annual assessment until further action of the
Association shall be at the rate of $150.00 per month for each Lot; provided however, that any
annual assessment shall not be increased by more than ten percent (101/o) in any one year over
the amount of the annual assessment charged during the prior year. Upon the affirmative vote of
the holder of 50% or more of the vote of those then entitled to vote, the Association may increase
the annual assessment by an amount in excess of that authorized herein. The due dates will be
established by the Board of Directors. The Association will, on demand, and for a reasonable
fee, furnishes a certificate signed by a duly authorized officer of the Association stating whether
the assessments on a specific Lot have been paid.
(g) Any assessment not paid within thirty (30) days after the due date shall bear
interest at the maximum rate allowed by law. The Association may bring an action at law
against the owner(s) personally obligated to pay the assessment, or to foreclose the lien against
the subject Lot(s). No owner may waive or otherwise escape liability for the assessments
provided for by nonuse of the Common Area or abandonment of his or her Lot. If an assessment
is not paid with thirty (30) days after the due date, the Association may also suspend the
membership right of the delinquent member, including the right to vote, the right of enjoyment in
and to the common properties and facilities and the right to receive and enjoy such services and
other benefits as may then be provided by the Association. Any such suspension shall not affect
such member's obligation to pay assessments coming due during the period of such suspension
and shall not affect the permanent charge and lien on such members' property in favor of the
Association. The Association shall not waive any liens or right it may have against a member of
such member's lot without the approval of holder of fifty percent (50%) or more of the
membership entitled to vote.
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(h) The following property subject to this Bill of Assurance shall be exempt from the
assessments:
(i) Any property within the Subdivision that is dedicated to and accepted by a
public authority; and,
(ii) The Common Area.
ARTICLE V
LAND USE AND BUILDING TYPE
(a) No Lot in the Subdivision shall be used for any other purpose than single-family
residential. All other uses of any Lot are prohibited. . All dwellings shall have a private garage
with a minimum capacity for the storage of not less than two automobiles and shall be finished
inside and fully enclosed with garage doors. Grantor reserves the right to use one or more
dwelling units on any Lots or to maintain a temporary structure on the Property for purposes of a
demonstration building or sales office for the sale of the Lots in the Subdivision.
(b) No dwelling unit shall be constructed or permitted to remain upon any Lot unless
the heated and cooled area, measured by the outside wall dimensions and exclusive of porches,
patios, garages and breezeways, shall be at least one thousand seven hundred (1,700) square feet.
All dwelling units shall have a uniform and common fagade pursuant to a general scheme of
development and any reconstruction of any dwelling unit must be constructed in compliance
with the provisions of Article VII and must be approved by the Association in accordance with
Article IX of this Bill of Assurance.
ARTICLE VI
COMMON AREAS
(a) "Common Area" shall mean all of the real property and improvements which may
include, without limitation, a clubhouse, pool, playground, putting green, parking spaces,
landscaped areas, private roadways, walkways, and gazebos, as shown on the Plat, which shall
be for the common use and enjoyment of all of the owners of Lots in the Subdivision. Fee
simple title to all of the Common Area and the management thereof shall be conveyed to the
Association following the formation of the Association by Grantor.
(b) Upon the conveyance of the Common Area to the Association, the management
and administration of the Common Area shall be vested in the Association. Every member of
the Association and such member's invitees shall have a non-exclusive right and easement of
enjoyment in and to the Common Area, subject to any rules and regulations adopted by the
Association, and such easement shall be appurtenant to and shall pass with the title to every Lot
in the Subdivision. A member may delegate his or her right of enjoyment of the Common Areas
and facilities only to members of his or her family or contract purchasers who reside in his or her
Parkland Heights Bill of Assurance
Page 9
dwelling unit located on the Lot owned by the member, subject to reasonable regulation by the
Board of Directors of the Association.
(c) The rights and easements of enjoyment of the Common Area shall be subject to
the following:
(1) The right of the Association to suspend the right to the use and enjoyment
of the Common Area and improvements thereon of a member for any period during
which any assessment against the member's Lot(s) remains unpaid and delinquent or for
a period not to exceed thirty (30) days for any infraction of the published rules and
regulations governing the use of the Common Area, provided any suspension of the right
to use the Common Area facilities shall be made only by the Board of Directors of the
Association after notice and an opportunity for a hearing;
(2) The right of the Association to limit the number of guests of members;
(3) The right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority, or utility for such purpose and subject to
such conditions as may be agreed to by the members of the Association; provided, no
such dedication or transfer shall be effective unless an instrument signed by members of
all classes of the membership of the Association representing two-thirds (2/3) of the votes
of each class of members has been executed and filed for record in the office of the
Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, showing assent to
such dedication or transfer;
(4) The right of the Association to borrow money for the purpose of
improving the Common Area and in the aid thereof to mortgage said Common Area and
improvements thereon; and,
(5) The right of Grantor and its managers, members, agents, or employees to
the non-exclusive use of the Common Area and the facilities thereon, without charge, for
sales, displays, access, and exhibit purposes, which right Grantor hereby reserves for a
period of ten (10) years after the date of recordation of this Bill of Assurance.
(d) Temporary guests or recreational parking shall be permitted in the Common Area
only within spaces and areas clearly marked for this purpose. Parking spaces and areas approved
for this purpose shall be shown by signs or markings on the paved area within the Common
Area. The Association is hereby empowered to establish parking and no parking areas within
the Common Area as well as to enforce the parking limitations by all lawful means, including the
removal of any vehicles violating the parking limitations adopted by the Association.
(e) In addition to the general easements for the use and enjoyment of the Common
Area reserved herein, Grantor hereby reserves and covenants for itself and all future owners of
Lots in the Subdivision, their heirs, successors and assigns, that each and every owner of a Lot in
the Subdivision shall have a non-exclusive easement appurtenant for vehicular traffic over all
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private roadways within the Subdivision, subject to the parking limitations as provided in section
(d) of this Article VI as well as a non-exclusive easement for foot and/or bicycle traffic as
authorized by the Association over all sidewalks or paths reflected on the Plat or hereafter
constructed. The private roadways, sidewalks, and paths shown on the Plat or hereafter
constructed on the Common Area by the Association shall be for the use and benefit of the
owners of the lots in the Subdivision, their successors and assigns.
(f) Upon the dissolution of the Association for any reason, the net assets thereof shall
be owned by the owners of the Lots in the Subdivision as tenants in common, subject to all
easements reflected on the Plat or otherwise created herein.
ARTICLE VII
BUILDING LOCATION AND COVENANT TO REBUILD
Grantor has subdivided and platted the Property for the construction of single family,
attached homes with common walls adjoining on certain boundary lines of the Lots. Except for
minor variances permitted by section (b) of Article X, no building or other structure shall be
located, or permitted to remain, in whole or in part, outside of the physical location of the
original unit as constructed by Grantor on the Lots without the advance consent of Grantor, the
Association, and the Little Rock Planning Commission.
In the event any dwelling unit on any Lot shall be damaged or destroyed as a result of a
fire, earthquake, or other casualty, the owner of said Lot shall have an affirmative duty to repair
and/or rebuild the dwelling unit in the physical location of the original dwelling unit as originally
constructed by Grantor on said Lot in accordance with the provisions of Article IX of this Bill of
Assurance. Notwithstanding the provisions of Article XVI of this Bill of Assurance, it is
expressly understood and agreed that the Association shall have the right to maintain an action in
the Pulaski County Circuit Court for specific performance of this affirmative obligation and duty
to repair and/or rebuild any such dwelling unit in the Subdivision. To secure the obligation to
repair or rebuild any dwelling unit damaged by fire, earthquake or other casualty, each purchaser
of a Lot in the Subdivision by accepting a deed for said Lot does hereby covenant and agree to
maintain casualty insurance on the dwelling unit insuring against fire, earthquake and other
casualties in an amount at least equal to the purchase price paid by the purchaser and the
Association shall be named as a co-insured on the policy. Each purchaser of a Lot in the
Subdivision shall provide a copy of the insurance policy to the Association evidencing
compliance with the provisions of this Article. In the event the owner of any Lot shall fail to
provide the Association with adequate evidence of such coverage upon demand by the
Association, the Association shall have the right, but not the obligation, to obtain such coverage
on the dwelling unit at the expense of the owner of said Lot. The obligation of the owner of the
Lot to reimburse the Association for the cost of said insurance policy shall be secured by a lien
on the Lot and the Association shall have the right to foreclose its lien unless the owner of said
Lot shall reimburse the Association for its costs incurred within thirty (30) days of demand. In
the event of a loss, the owner of said Lot shall have twelve (12) months to complete the repair or
rebuilding of the dwelling unit in accordance with this Article. In the event the owner shall not
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Page 11
complete the repair or rebuilding of the dwelling unit in said twelve (12) months, the Association
shall have the absolute right to enter upon the property and to complete the rebuilding or repair
of the dwelling unit and shall have a lien on the Lot and the dwelling unit for the cost incurred by
the Association in completing the repair or rebuilding of the dwelling unit. The Association shall
have the right to foreclose its lien unless the owner of said Lot shall reimburse the Association
for its costs incurred within thirty (30) days of demand following the completion of the repair or
rebuilding of the dwelling unit.
ARTICLE VIII
No Lot shall be subdivided or split without the written consent of Grantor, the
Association, and the Little Rock Planning Commission.
ARTICLE IX
ARCHITECTURAL AND LANDSCAPING CONTROL
No owner shall make or permit to be made any structural alteration, repair, replacement,
improvement or addition in or to the dwelling unit on his or her Lot or in or to the exterior of the
dwelling unit and no building or other structure shall be erected, placed, altered or permitted to
remain on any Lot until the building plans, specifications, exterior colors scheme, building
materials, and plot plan showing the location, size and facing of such building with respect to
existing topography, adjoining streets, and finished ground elevations, which shall be in
compliance with Article VII of this Bill of Assurance, have been approved in writing by the
Association. Further, no alterations to the buildings or to the landscaping on any Lot or the
placement of any fences on any Lot or the Common Area may be made until such alterations or
fences have been approved in writing by the Association. In the event the Association shall fail
to approve or disapprove any plans, specifications, exterior colors scheme, building materials,
plot plan, fencing or landscaping plan submitted to the Association as herein required within
thirty (30) days after such submission, this covenant shall be deemed to have been fully met by
the person submitting such plans for approval. Nothing herein contained nor the required
consent of the Association shall in any way be deemed to prevent any owner of any Lot from
maintaining any legal action relating to the improvements within the Subdivision, which they
would otherwise be entitled to maintain. There shall be no compensation to the Association for
the services to be performed pursuant to this provision.
ARTICLE X
EASEMENTS
(a) Easements of way for private drives are shown on the Plat and the persons, firms
or corporations engaged in supplying public utility services including, but not limited to, electric
power, gas, telephone, cable television, water and sewer, shall have the right to use and occupy
said easements for the installation, maintenance, repair and replacement of such utility services.
Easements for the installation, maintenance, repair and replacement of utility services, sewer and
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drainage have heretofore been reserved, said easements being of various widths, reference being
hereby made to the Plat for a more specific description of the width and location thereof. The
electric and telephone facilities are underground, and it is necessary for the electric and
telephone utilities to have special provisions to protect their facilities. Any alterations or
lowering of the surface grade of the ground in any easements and the area immediately adjoining
such easements are prohibited which would result in there being less than thirty (30) inches of
clearance either horizontally or vertically between the surface grade and the underground electric
cables and conductors supplying electric power and service. The electric distribution
transformer stations and service pedestals are located on surface grade. Any fills within the area
of said easements and upon the lands adjacent thereto which will damage or interfere with the
installation, maintenance, operation or replacement of the electric and telephone cables, facilities
or equipment, and the supplying of services from such equipment are also prohibited. No trees,
incinerators, structures, buildings, pavement or similar improvements or alterations shall be
grown, built or maintained within the area of such utility easements. No excavations within the
area of such easements for the erection of any fences or for any purpose shall be made which
would interfere with the installation, maintenance, repair or replacement of any utility service.
In the event trees, incinerators, structures, fences, buildings, pavement or similar improvements
or alterations shall be grown, built or maintained within the area of such easements, no utility
service provider shall be liable for the destruction of the same in the installation, maintenance,
repair or replacement of any utility service located within the area of such easement.
(b) Reciprocal easements are herby reserved for the benefit of the owners of
adjoining Lots for the control, maintenance, and repair of the utilities of the owners of adjoining
Lots. Grantor expressly reserves for the benefit of all of the Property and the owners of all Lots,
reciprocal easements of access, ingress and egress over all Lots and over the over the Common
Area for the use and enjoyment of the Lots in accordance with this Bill of Assurance including,
without limitation, for the installation and repair of utility services, for drainage over, across and
upon adjacent Lots for water resulting from the normal use of adjoining Lots, and for the
maintenance and repair of any dwelling unit constructed on any Lot. No owner of a Lot shall
interfere with the established drainage pattern over his or her Lot from adjoining or other Lots.
Each owner of a Lot shall make adequate provisions for drainage in the event he or she changes
the established drainage pattern over his or her Lot. In the event that any dwelling unit shall
encroach upon the Common Area and facilities, as a result of construction, reconstruction, repair,
shifting, settlement or movement of any portion of the Property, a valid easement for
encroachment and for the maintenance of the same shall exist so long as the encroachment exists.
Grantor and the owner of each Lot on which there is a dwelling unit along or adjacent to the Lot
line shall have an easement appurtenant to said Lot over the Lot line to and over the adjacent
Lot, for the purpose of accommodating any natural movement, shifting, or settlement of any
dwelling unit located on said Lot, any encroachment due to minor engineering, surveying, or
construction variances, and any encroachment of eaves, roof overhangs and architectural features
as part of the original construction of the dwelling unit located on said Lot.
(c) All owners of Lots shall install and maintain in conformity with applicable code
requirements and other regulations, underground service laterals and/or electric service entrance
Parkland Heights Bill of Assurance
Page 13
conductors of adequate capacity in a conduit having a minimum inside diameter of two (2)
inches and underground telephone service conduits and cables between the point of delivery of
such utility service as located by the utility company and the point of use of such owner. Only
single phase electrical utilization equipment shall be installed or maintained on any Lot. All
owners of any Lot shall dig and backfill, in conformity with applicable code requirements and
other regulations, a ditch that is a minimum of approximately four (4) inches wide and eighteen
(18) inches deep from the point of service to the point of use of the installation of said utility
services.
(d) Reciprocal easements are hereby further reserved for the benefit of Grantor, its
successors, purchasers, and all owners of Lots, their guests, and invitees, residing on or
temporarily visiting the Property for vehicular access and such other purposes reasonably
necessary for the use and enjoyment of a Lot and the Common Area over all private roadways
and streets shown on the Plat or hereafter constructed on the Common Area by Grantor or the
Association.
(e) Reciprocal easements are herby further reserved for the benefit of Grantor, its
successors, purchasers, and all owners of Lots, their guests, and invitees, residing on or
temporarily visiting the Property for foot and bicycle traffic and such other purposes reasonably
necessary for the use and enjoyment of a Lot and the Common Area over all sidewalks or paths
shown on the Plat or hereafter constructed on the Common Area by Grantor or the Association,
consistent with such rules as may be adopted by the Association.
(f) Grantor, for itself and for the Association, does hereby reserve an easement over
all Lots in the Subdivision for the maintenance of the exterior surface of any dwelling unit
situated on any of the Lot pursuant to Subsection (c) of Article III and the and installation and
maintenance of any landscaping pursuant to Subsection (d) of Article III and for the purpose of
mowing the grass on any portion to any Lot that has not been fenced by the owner of such Lot in
accordance with the provisions of Article IX of this Bill of Assurance. The development of each
Lot and the Common Area shall include the installation of certain lawn irrigation systems, which
shall be maintained by the Association. Grantor, for itself and for the Association, does hereby
reserve an easement over all Lots in the Subdivision for the maintenance and operation of said
lawn irrigation systems.
(g) Grantor is the owner of additional real property adjacent to the Property that
Grantor has plans to either sell or develop in the future either as an additional phase to the
Subdivision in accordance with Article XV or as a separate and independent development from
the Subdivision. The adjacent property is accessed by the private roadways, streets, and access
easements shown on the Plat. Grantor, for itself, its successors, purchasers, and assigns does
hereby reserve an unrestricted easement over all roadways, streets and access easements as
shown on the Plat for ingress and egress to the additional real property now owned and as may
hereafter be acquired by Grantor and does hereby further reserve an unrestricted easement over
all utility easements shown on the Plat for the purpose of the installation, maintenance, repair
Parkland Heights Bill of Assurance
Page 14
and replacement of utility services for the benefit of said adjacent real property, including, but
not limited to, electric power, gas, telephone, cable television, water and sewer.
ARTICLE XI
RESTRICTIONS ON USE
In order to provide for the permanent maintenance of the Subdivision in an aesthetically
attractive manner for the peaceful enjoyment of the owners of Lots and for the protection of
value, the Lots and Common Area shall be owned, occupied and used subject to the following
restrictions:
(a) There shall be no obstruction of the Common Area. Nothing shall be stored on
the Common Area without the prior consent of the Association. The Association shall have the
full power to establish rules concerning the usage of the Common Area. Such power shall
include the assignment of Common Area to a Lot for the exclusive use as parking spaces for the
owners, their employees, agents, and invitees, or for the installation of necessary equipment. If
such area is assigned, the Association may, in its discretion, control the design, shape, size, and
area so assigned.
(b) No billboards, posters, signs or objects of unsightly nature shall be placed or
permitted to remain on any Lot, except one (1) sign only per Lot not exceeding four (4) square
feet in area may be displayed advertising the property for sale.
(c) No trucks, non -operating cars, mail carts, golf carts, dune buggies, all terrain
vehicles, motor homes, commercial vehicles, travel trailers, campers, boats, jet skis, or similar
recreational equipment shall be kept or stored in, on or about any Lot or Common Area, provided
that such vehicle or recreational equipment may be temporarily stored for up to forty-eight (48)
hours on a Lot per month, except that such items may be stored or parked inside an enclosed
garage. All cars, trucks and other primary vehicles must be parked in the driveway or garage as
there shall be no parking in the portion of any street or private drive situated on any Lot or in the
Common Area.
(d) No business, trade, activity, or undertaking, which is or may become obnoxious or
offensive shall be carried on or permitted within the Subdivision nor shall anything be done
therein which may be or become an annoyance or nuisance to the owners of adjacent Lots. Due
care shall be exercised at all times with regard to noise and all other uses or practices which may
be a source of annoyance to the owners of any Lot or which may be a nuisance or may interfere
with the peaceful possession and proper use of any Lot or the Common Area. The Association
shall have the power and authority to terminate any activity or conduct which constitutes an
annoyance or nuisance to the owner of any Lot.
(e) No trash, ashes or other refuse may be thrown, dumped, or allowed to remain on
any Lot. No household goods or furniture shall be stored outside any dwelling unit on any Lot
Parkland Heights Bill of Assurance
Page 15
for more than forty-eight (48) hours and, in such cases, only for the purpose of disposal. Trash,
garbage and other waste shall not be kept on any Lot except in sanitary containers.
(f) No fence, wall or enclosure of any type or nature whatsoever shall be constructed,
erected or placed upon any Lot or the Common Area without the approval of the Association
having first been obtained in accordance with the provisions of Article IX.
(g) No awnings or other alterations to the exterior of any dwelling unit on a Lot shall
be constructed, erected or placed upon any Lot or the Common Area without the approval of the
Association having first been obtained in accordance with the provisions of Article IX.
(h) No trailers, basements, tents, shacks, barns, dog kennels or other outbuilding shall
be erected on any Lot without the approval of the Association having first been obtained in
accordance with the provisions of Article IX.
(i) No satellite dishes or other receptive devices for wireless transmissions shall be
ground mounted on any Lot, nor shall such devices be attached to the front fagade of any
dwelling unit on any Lot, provided however, one satellite dish per dwelling unit not to exceed
eighteen (18) inches in diameter may be attached to the roof or side of such dwelling unit.
0) No animals, livestock or poultry of any kind shall be raised or kept on any Lot
except that dogs, cats or other household pets may be kept, not numbering more than two (2) in
total, provided that they are indoor domestic pets and are not kept or maintained for any
commercial purposes, provided, pit bull dogs or pit bull dog mixed breeds shall not be kept on
any Lot at any time.
(k) No oil and gas drilling or refuting operations, mining or quarrying operations of
any kind shall be permitted on any Lot.
ARTICLE XII
MORTGAGE PROTECTION CLAUSE
Notwithstanding any other provision hereof -
(a) The liens created hereunder upon any Lot shall be subject and subordinate
to, and shall not affect the rights of the holder of any indebtedness secured by a recorded
prior mortgage or deed of trust upon such interests made in good faith and for value to
the extent extended prior to the recordation of the notice of lien pursuant to this Bill of
Assurance; provided, that after the foreclosure of any such mortgage or related lien there
may be a lien created pursuant to the provisions of this Bill of Assurance on the Lot
against the purchaser at the foreclosure sale to secure all assessments, whether regular or
special, assessed hereunder to such purchaser as an owner after the date of such
foreclosure sale, which said lien, if any be claimed, shall have the same effect and may be
enforced in like manner as otherwise herein provided.
Parkland Heights Bill of Assurance
Page 16
(b) No amendment to this Article shall affect rights of holders of any
mortgage or deed of trust recorded prior to the recordation of any such amendment,
which does not join in the execution thereof.
ARTICLE XIII
PROHIBITION ON RENTALS
No portion of any Lot or structure located on any Lot shall be rented for use in any
commercial manner to generate income; provided, this restriction shall not apply to any Lots
owned by Grantor.
ARTICLE XIV
MUTATION ON OWNERSHIP
No individual or entity, excluding Grantor, shall be permitted or allowed to own more
than three (3) Lots at any time. The Lots are being sold by Grantor for residential purposes only
by the owner of the Lot or his immediate family or contract purchasers.
ARTICLE XV
ENFORCEMENT
The covenants, agreements and restrictions herein set forth shall run with the title of the
Lots in this Subdivision and bind the present owners and their heirs, successors and assigns,
future owner and their heirs, successors and assigns, and all parties claiming by, through, or
under them shall be bound by the covenants and agreements herein set forth and contained.
None shall be personally binding on any person, persons, or corporations except with respect to
breaches committed during its, his or their holding of title to Lots in the Subdivision. Any owner
or owners of Lots in this Subdivision, Grantor, or the Association shall have the right to prevent
the breach of or to enforce the observance of any of the covenants, agreements or restriction
contained herein together with any other rights to which they might otherwise be entitled under
the laws of the state of Arkansas in accordance with the provisions of Article XVII which shall
include the right to maintain an action in a court of competent jurisdiction to enforce the
judgment or award entered by the arbitrator(s) pursuant thereto.
ARTICLE XVI
ANNEXATION OF ADDITIONAL PROPERTY
Grantor may cause additional real property to be annexed to the Property and such
additional real property may become subject to the provisions of this Bill of Assurance in the
following manner:
Parkland Heights Bill of Assurance
Page 17
(a) Grantor, on behalf of itself and its successors or assigns, reserves the right to
subject to this Bill of Assurance other real property that it now owns or may hereafter acquire
that is adjacent to and contiguous with the Property, or would be adjacent to and contiguous with
the Property but for intervening streets, roads, or easements, that it may develop and make a part
of the Subdivision. Grantor, on behalf of itself and its successors or assigns shall have and does
hereby reserve the right from time to time and for so long as Grantor owns contiguous property
to subdivide all or any portion of the same into additional tracts by the filing of a plat designating
such tracts on the records of Pulaski County, Arkansas, and upon such filing the number of lots
located in the Subdivision shall be increased to include such additional lots, which shall enjoy all
of the rights and privileges of the original lots within the Subdivision.
(b) Additional residential property and common area may be annexed to the Property
and brought within the general plan and scheme of this Bill of Assurance (with certain changes
as Grantor may solely determine) and the jurisdiction of the Association in future stages of
development without the approval or consent of the Association, its Board of Directors, or its
members.
(c) The additions authorized under subsections (a) and (b) of this Article XV shall be
made by filing of record a Notice of Addition of Additional Property, or similar instrument,
executed by Grantor, or its successors or assigns, in the Office of the Circuit Clerk and Ex-
officio Recorder of Pulaski County, Arkansas, expressly stating its intentions to so annex and
describing such additional lands to be so annexed and the covenants, easements, and restrictions
applicable thereto. The filing of the Notice of Additional Property, along with a plat thereof
identifying the same as an additional phase of the Subdivision, shall constitute and effectuate the
annexation of the real property described therein and thereupon the real property shall become
and constitute a part of the Property and will become subject to the provisions of this Bill of
Assurance (with certain changes as Grantor may solely determine) and shall further become
subject to the functions, powers and jurisdiction of the Association and subject to assessment to
the same extent as if it were initially included in the Property, and the owners of lots in the
annexed property shall automatically become members of the Association. Such Notice of
Addition may include such additions and modifications of this Bill of Assurance with respect to
the additional property as Grantor may deem appropriate, in its sole discretion, in the
development of the additional property.
(d) Grantor is the owner of property in the vicinity of the Property, some of which is
contiguous thereto, which property is not now subject to this instrument, may never become
subject to this instrument, and may be developed by Grantor in a manner that does not conform
to the requirements of this instrument. All such property of Grantor not made specifically
subject to this instrument by a written and appropriately recorded document executed by Grantor
evidencing its intention to subject such property hereto will in no way be burdened or bound by
this instrument or any restrictive covenants in equity, equitable easements, equitable servitudes,
implied restrictive covenants in equity or implied reciprocal negative easements, covenants or
servitudes or any other restriction, condition, covenant or servitude according to any doctrine or
Parkland Heights Bill of Assurance
Page 18
theory that could in any way be construed to impose the provisions of this instrument on any
such property of Grantor not made subject specifically thereto in writing and recorded.
ARTICLE XVII
DISPUTE RESOLUTION
Except as otherwise specifically set forth herein, in regard to any controversy, claim or
dispute between the owner of any Lot and the Association relating to or arising from this Bill of
Assurance, or the breach thereof, other than an action by the Association to collect or foreclose
any lien created hereunder, the parties shall attempt in good faith to resolve by mediation any
such controversy, claim or dispute. Either party may initiate a mediation proceeding by written
notice to the other at which point both parties shall be obligated to engage in mediation. The
mediation proceeding shall be conducted in Little Rock, Arkansas, in accordance with the rules
of the American Arbitration Association the existing ("AAA Rules"), subject to the following:
(a) The mediator shall be an attorney engaged in the practice of alternative dispute
resolution who is mutually acceptable to both parties;
(b) Efforts to reach a settlement will continue until (i) a written settlement is reached,
(ii) the mediator concludes and informs the parties that further efforts would not be
useful, or (iii) the parties agree in writing that an impasse has been reached. Neither
party may withdraw before conclusion of the proceeding. Unless otherwise agreed, the
cost of the mediation shall be shared equally among the parties.
(c) If the mediation does not result in a resolution of the dispute, it shall be resolved
by arbitration conducted expeditiously in accordance with the AAA Rules and the
judgment or award entered by the arbitrator(s) may be entered and enforced in any court
having jurisdiction thereof. The place of the arbitration shall be in Little Rock, Arkansas,
and, unless otherwise agreed, the cost of the arbitration shall be shared equally among the
parties.
By accepting a deed to a Lot in the Subdivision, the purchaser of said Lot agrees the obligations
to mediate and arbitrate are material and essential parts of this Bill of Assurance and are legally
binding upon them. In case of a violation of such obligations by one party, the other may bring
an action to seek enforcement of such obligation in a court of law having jurisdiction thereof.
ARTICLE XVIII
GENERAL PROVISIONS
(a) The provisions hereof shall be deemed independent and severable, and the
invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall
not effect the validity or enforceability of any other provision hereof.
Parkland Heights Bill of Assurance
Page 19
(b) The provisions of this Bill of Assurance shall be liberally construed to effectuate
their purpose of creating a uniform plan for the development of a residential community and for
the maintenance of the Common Area. Unless the context requires a contrary construction, the
singular shall include the plural and the plural the singular; and the masculine, feminine and
neuter shall each include the masculine, feminine and neuter. Failure to enforce any provision
hereof shall not constitute a waiver of the right to enforce that provision or any other provision
hereof at any future time.
(c) Nothing contained in this Bill of Assurance shall be deemed to be a gift or
dedication of all or any part of the Property to the public, or for any public use. Without limiting
the generality of the foregoing, the streets and roadways in the Subdivision are private and not
public.
(d) No representations or warranties of any kind, express or implied, have been given
or made by Grantor or its agents or employees in connection with the Property or any portion
thereof or any improvements thereon, its physical condition, zoning, compliance with applicable
laws, fitness for any intended use, or in connection with the subdivision, sale, operation,
maintenance, cost of maintenance, taxes or regulation thereof as a planned development, except
as expressly stated herein.
(e) Any notice permitted or required to be delivered as provided herein shall be in
writing and may be delivered either personally or by ordinary mail. If delivery is made by
ordinary mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of
the same has been deposited in the United States mail, postage prepaid, addressed to any person
at the address given by such person to the Association for the purpose of service of such notice,
or to the residence of such person if no address has been given to the Association. Such address
may be changed from time to time by notice in writing to the Association.
(f) Every person who owns, occupies or acquires any right, title, estate or interest in
and to any Lot or other portion of the Property does and shall be conclusively deemed to have
consented and agreed to every limitation, restriction, easement, reservation, condition and
covenant contained herein, whether or not any reference to these restrictions is contained in the
instrument by which such person acquired an interest in the Property or any portion thereof.
(g) All persons or corporations who now or shall hereafter acquire any of the Lots in
this Subdivision and their heirs, successors and assigns agree to conform to and observe the
restrictions, covenants and stipulations contained herein for a period of twenty-five (25) years
from the date of recordation of this Bill of Assurance and this Bill of Assurance and the
restrictions, covenants and stipulations contained therein shall thereafter automatically extend in
Parkland Heights Bill of Assurance
Page 20
effect for successive periods of ten (10) years unless prior to the end of the original term or any
successive term of the application hereof a majority of the then owners of Lots in the Subdivision
agree to the expiration of the applicable term. These covenants may be amended at any time by
the owners of two-thirds of the Lots in the Subdivision. No change in these covenants in the
manner herein set forth shall be valid unless the same shall be placed of record in the office of
the Recorder of Pulaski County, Arkansas, duly executed and acknowledged by the requisite
number of owners.
(h) Anything to the contrary herein notwithstanding, until ninety (90%) percent of the
Lots shown in the Plat are sold and conveyed, Grantor shall have the right from time to time,
without the approval of the owners of any Lots or the Association to amend the provisions
hereof, for the purpose of facilitating the marketing of the Lots, of complying with the
requirements pertaining to the Property made by financial institutions, title insurance companies
or governmental authorities, or for any other reasonable purpose; provided that no such
amendment will reduce the size of any Lot or the improvable area of a Lot without the express
consent of the owner so affected.
IN WITNESS WHEREOF, this instrument has been executed this day of Afn#;
2007.
Reviewed only for inclusion of minimum standards PARKLAND HEIGHTS RANCH PROPERTIES, LLC
required by the City of Little Rock subdivision regulations.
Bill ct Assurance provisions established by i ;
developer may exceed minimum regulations of tho
Aock subdivision and zoning ordinances.By:
x)Tit ef Little Rock Planning Commission ACKNOWLEDEGMENT
1-k
On this day of June, 2007, before the undersigned, a Notary Public, duly
commissioned, qualified aad actin , within and for the County and State aforesaid, appeared in
person the within name ,610 me personally well known, who stated that he
was the member/manager of Parkland Heights Ranch Properties, LLC, a Florida limited liability
company, and was duly authorized in his respective capacity to execute the foregoing instrument
for and in the name and behalf of said limited liability company, and further stated and
acknowledged that he had so signed, executed and delivered the foregoing instrument for the
consideration, uses and purposes therein mentioned and set forth.
—rh
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this to —
day of June, 2007.
My Commission Expires:
Uy mmissmo rm
fr25-2014
Qo,_� (� - k�,JJ��_�
Notary Public
Doc## 2007045678
Parkland Heights Bill of Assurance
Page 21
MORTGAGEE'S CONSENT
That Bank of the Ozarks, Inc., for and in consideration of the benefits to accrue to it from
the terms and provisions hereof, which it acknowledges to be of mutual benefit, does, solely for
the purposes hereinafter stated and none others, hereby join in and consent to the dedication of
any easements granted herein for the use and benefit of the public and does hereby consent to
and approve of (i) the platting and subdivision of the Property herein described and as shown on
the Plat and (ii) the terms and provisions herein above set forth.
PROVIDED, FURTHER, for and in consideration of the benefits to accrue to it from the
terms and provisions hereof, which it acknowledges to be of value, the undersigned does hereby
partially release and discharge the lien of that certain Mortgage, filed for record on theao'2!�day
of , 2006, and recorded as Instrument Number 7.yo4 o4,t S-L in the Office of the Circuit
Cled Ex-Officio Recorder of Pulaski County, Arkansas and the lien of that certain
Mortgage, filed for record on the -2eday o, 2006, and recorded as instrument Number
�•rxvi.5 �! 41 in the Office of the Circuit erk nd Ex-Officio Recorder of Pulaski County,
Arkansas, of and from the streets, roads, and easements shown on the Plat.
�e da
Dated this y
of June, 2007.
_
BANK OF THE OZARKS, INC.
By: 4�1-
.�
Title: ►� -J -
ACKNOWLEDGMENT
On this Le day of June, 2007, before the undersigned, a Notary Public, duly
commissioned, qualified and actgathe
within and for mee County and personally well kntown, aforesaid,
who stag d that he
peared in
person the within named � � �
was the �- of the BaOzarks, Inc.,and was duly authorized in his respective
capacity to execute the foregoing instrument for and in the name and behalf of said Sank of the
Ozarks, inc., and further stated and acknowledged that he had so signed, executed and delivered
the foregoing instrument for the consideration, uses and purposes therein mentioned and set
forth. •(�"
IN TESTIMONY
WHEREOF, I have hereunto set my hand and official seal this U /
day of June, 2007.
gg_nsa.s
nedy .
ki
kans� Notary Public
1)912013
My com issi n expires:
f
Doc## 2007045678
Parkland Heights Bill of Assurance
Page 22
CONSENT AND RELEASE OF
RANCH PROPERTIES, INS.
That Ranch Properties, Inc., for and in consideration of the benefits to accrue to it from
the terms and provisions hereof, which it acknowledges to be of mutual benefit, does, hereby join
in and consent to the platting and subdivision of the Property herein described and as shown on
the Plat and the terms and provisions herein above set forth.
FURTHER, for and in consideration of the benefits to accrue to it from the terms and
provisions hereof, which it acknowledges to be of value, the undersigned does hereby cancel and
release the terms, conditions, covenants, provisions and restrictions of that certain Declaration of
Restrictive Covenants and Bill of Assurance, filed for record on the 190 day of April, 2006, and
recorded as Instrument Number 2006029407 in the Office of the Circuit Clerk and Ex-Officio
Recorder of Pulaski County, Arkansas, as to the real property described on Exhibit A hereto,
with the sole exception of the provisions relating to the Common Area Maintenance Fund
Assessments set forth in Article XI thereof which shall remain in effect.
Dated this (W"4 day of June, 2007.
RANCH PROPERTIES, INC.
Title: ; oP,4 r
ACKNOWLEDGMENT
On this b ". day of June, 2007, before the undersigned, a Notary Public, duly
commissioned, qualified and acting, within and for the County and State aforesaid, appeared in
person the within named to me personally well known, who stated that he
was the 1�4:S.,�f.,,— of the Ranch Properties, Inc., and was duly authorized in his respective
capacity to execute the foregoing instrument for and in the name and behalf of said Ranch
Properties, Inc., and further stated and acknowledged that he had so signed, executed and
delivered the foregoing instrument for the consideration, uses and purposes therein mentioned
and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 06
day of June, 2007.
J 7f a Ll
Notary Public
My commission expires:
Cl I Q'Iduli-
Doc# 2007045678
EXHIBIT A
PARKLAND HEIGHTS, PHASE I
PART OF TRACT J, THE RANCH, AN ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS LOCATED IN THE NE1/4 OF SECTION 14, T-2-N, R-14-W,
PULASKI COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID
TRACT J, THE RANCH; THENCE ALONG THE SOUTHERLY LINE OF TRACT J
THE FOLLOWING: (1) S60°59'42"W, 222.33 FT.; (2) S67°55'31"W, 216.27 FT.; (3)
S49037'25W, 122.49; (4) S76°22'09"W, 93.53 FT.; (5) N35015'15"W, 201.20 FT.; (6)
N11°39'52"W, 144.93 FT.; (7) SOUTHEASTERLY ALONG THE RIGHT-OF-WAY
OF CHENONCEAU BLVD. FOLLOWING THE ARC OF A 25.00 FT. RADIUS
CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S76°18' 18"E,
7.21 FT.; (8) NORTHERLY ALONG THE RIGHT-OF-WAY LINE OF
CHENONCEAU BLVD. BEING THE ARC OF A 50.00 FT. RADIUS CURVE TO THE
LEFT, A CHORD BEARING AND DISTANCE OF N07018'00"W, 87.22 FT. AND (9)
N31 °09' 12"W, 131.40 FT.; THENCE N73 ° 15' 54"E, 94.29 FT.; THENCE NO2°24' 17"E,
150.79 FT.; THENCE S87°35'43"E, 445.18 FT.; THENCE S02024'17"W, 139.56 FT.;
THENCE S 11041' 17"E, 50.42 FT.; THENCE S64°49' 13' W, 102.14 FT.; THENCE
S65051'16"W, 102.13 FT.; THENCE S25010'32"E, 231.98 FT.; THENCE
N63057' 10"E, 27.81 FT.; THENCE N69042'36"E, 48.79 FT.; THENCE N66°55'57"E,
141.49 FT.; THENCE N42°33' 15"E, 106.50 FT.; THENCE NO3°28' 15"E, 44.12 FT.;
THENCE N17006' 14"W, 26.63 FT.; THENCE N40°30'58"E, 28.78 FT. TO A POINT
ON THE EAST LINE OF SAID TRACT J; THENCE S19°46'32"E ALONG SAID
EAST LINE, 151.46 FT. TO THE POINT OF BEGINNING, CONTAINING 5.8185
ACRES MORE OR LESS.
G:\DATA\LEGALS\PARKLAND HEIGHTS
EXHIBIT
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Doc# 2007045678
55
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CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME PARKLAND HEIGHTS PHASE 1A
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.
y Certain Improvements re in uncompleted and a punch list has been prepared and sent.
I(;)� — Engineering Specialist Date: • Q
ADD ESSING SPE AL1ST'S REPORT
I have revie ed the plat and find that the street names and street configuration are acceptable.
Addressing Specialist Date: 6 — 7—Ci
TRAFFIC ENGINEER REPOifT
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 and street lights.
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.
Y_ Traffic Engineer Date: �oI $j0-7
• &t-t- 5A2*:) o K -ro f26^)
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that: M ztif s �� PkZ-I ,
-- 47'kGG'T o-o- i'i�^r�s�tLgD h�.r r
NE�O&n The maintenance bond has been submitted and it is the proper type and amount. pnz-k 7p
Financial assurance for the uncompleted improvements listed above has been received.
All,other requirements for final plat approval have been satisfied.
e3h" Civil Engineer I/II Date:
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requirem r final plat approval have been satisfied.
Surveyor Date: of
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
V"�'I°7 a Date: (nl g
Design Review Engineer/Civil Engineering Manager
February 2007
K94Q" ZX6e
To C.0.
Oh Gc-.PLET€W
C, c7.
Planning and Development
Filing Fees
Date: l , 20 i
Annexation
Board of Adjustment
Cond. Use PermiVY.U. P
Final Plat
Planned Unit Dev.
Preliminary Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at
Public Hearing Signs
Number at ea.
Total
ea.
File No. 15-01 ` a -,A
Applicant LLq. ;
By
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