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HomeMy WebLinkAboutS-0460-B ApplicationCity of Little Rock Engineering Division Depa-"1en1 o1 7G1 West 1-.a .•ra-. Public Works Little Rock. Arkars2s 722'D1-13JO 371-4811 FAX . - CIVIL ENGINEERING RESPONSE The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued .'// .'"<s iCois Signed B ¢ 5 — s Y / /� S REMARKS: O X/:- D ,-5 4Ce #c- /\/ O CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX # FROM AGENCY FAX # PHONE # TOTAL PAGES FILE0 1,,!,9 PIFcnr0E0 95 AFC; -� PM 2: 30 95 --1 9652 CAROL7f jq:s YALEY BILL OF ASSURANCE CIRCUIT C ""U e I'Y CLERK THAT, WHEREAS, The City of Little Rock, (hereinafter called "Allotter") is the owner of the following property: Lot 15 and part of Lot 16, Pine Hill Subdivision, Little Rock, Arkansas and a portion of Gilman Street (closed), a portion of West 25th Street (closed), a portion of Potter Street and a portion of 26th Street, all more particularly described as: Beginning at the Southeast corner of Lot 19R, Pine Hill Homes, an Addition to the City of Little Rock, Arkansas; thence N0201215011E along the East line of said Lot 19R, 120.0 ft. to the Northeast corner of said Lot 19R; thence N8705414911W along the North line of said Lot 19R, 5.20 ft.; thence N0200713211E along the Southerly projection of the East line of Lot 4R, said Pine Hill Homes, said East line and the Northerly projection of said East line, 185.30 ft. to a point on the centerline of 25th Street (closed); thence S8705713911E along said centerline and along the South line of Cloie Subdivision, 408.98 ft. to a point on the West line of Meadowlark Subdivision; thence SO1052'4911W along said West line, 330.35 ft. to the Northeast corner of Lot 10, Elkhart Subdivision; thence N8705715611W along the North line of said Lot 10, 114.91 ft.; thence N01056'0511E, 25.0 ft. to a point on the South line of said Lot 15, Pine Hill Subdivision and the North right-of-way line of West 26th Street; thence N8705615811W along the South line of said Pine Hill Subdivision and the North right-of-way line of West 26th Street, 290.39 ft. to the point of beginning, containing 2.9248 acres more or less. and now desire to plat said lands into lots. WHEREAS, it is deemed advisable that all of the above described property shown on the plat hereinafter mentioned, be now subdivided into building lots and streets as shown on the attached plat filed herewith, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE, the Allotter, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat, filed herewith in Plat Book j� at Pagey , showing a survey made by White-Daters, Registered Engineer, dated March 17 19 5�;a d-bearing a Certificate of Approval, executed by thd`,: 15lanning ;administrator, Department of Comprehensive Pla'Ar fng at toe "ty of Little Rock, and showing the bounds and dimdnsiona• the property now being subdivided into lots and st"e� i u, -%-- - .. "- �, Allotter hereby donates and dedicates easements for drainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being without limiting generality of the foregoing, electric power, gas, telephone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities 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. Note: The designation on the plat shown as no vehicular access easements means no driveways or use of any auto or truck in this area except for utility vehicles for temporary access as needed for maintenance. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex -Of ficio Recorder of Pulaski County shall be valid and complete delivery and dedication of the street and easements subject to the limitations herein set out. The lands embraced in said plat shall be forever known as "Lots 5-18, PINE HILL HOMES ADDITION" and any and every deed of conveyance of any lot in such addition describing the same by the number shown on said plat shall always be deemed a sufficient description thereof. Said land herein platted and any interest herein shall be held, owned and conveyed subject to and in conformity with the following covenants: 1. Use of Land. The land herein platted shall be held, owned and used only as residential building sites. No structure shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence. Each residence erected or maintained upon the land platted herein shall have a one or more car garage or carport unless the requirement for such attachment is waived in writing by the Allotter. 2. Architectural Control. No building shall be erected, placed or altered on any property in this addition until the building plans and specifications, exterior color schemes 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 Allotter. In the event the Allotter fails to approve or disapprove any plans, specifications, exterior color scheme or plot plans within thirty days after being submitted to it, such plans, specifications, exterior color schemes or plot plans shall be deemed to fully meet the requirements of this covenant. Nothing contained in this covenant nor any consent by the Allotter shall in any way be deemed to prevent any owner in this addition from enforcing any legal rights which such owner may have as to any improvement in this addition. 3. Height and Type of Residence. No residence shall be erected altered, placed or permitted to remain on any lot in this addition other than one detached single-family residence not to exceed two and one-half stories in height. 4. Setback Requirements. No building shall be located on any building site nearer than to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. No building shall be located nearer to an interior lot side line than a distance of five (5) feet. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building. 5. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in this addition unless the finished heated living area. exclusive of porches, patios, garages, breezeways, exterior stairways, storage areas and out -buildings, shall be a minimum of 900 square feet. 6. Height of Other Structures. No structures of any kind including but not limited to any radio or television antenna or tower, shall be built or permitted to remain upon the lot. 7. Frontage of Residence on Streets. Any residence erected on any lot in this addition shall front or present a good frontage on the streets designated in the plat, and for this purpose as applied to all inside lots, it shall mean that the residence shall front on the street designed, and on any corner lot it shall mean that the residence shall front or present a good frontage on both of the streets designated in the plat. 8. Commercial Structures. No building or structure of any type may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to this addition. 9. outbuildings Limitation. No outbuilding, or other detached structure appurtenant to the resident may be erected on any of the lots hereby restricted without the consent in writing of the Allotter. 10. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot or part thereof, except that dogs, cats or other household pets, which are not noisy or unruly to the extent that such pet is an annoyance to neighbors, may be kept provided they are not kept, bred or maintained for commercial purposes. 11. Noxious Activity. No noxious or offensive trade of activity shall be carried on upon any lot, nor any trash, ashes or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. 12. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures on any lot is specifically prohibited, except that billboards advertising the sale or rental of such property are permitted, provided they do not exceed eight square feet in size. 13. oil and Mineral operations. No oil drilling, oil development operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected , maintained or permitted upon any building site. 14. Cesspool. No leeching cesspool shall ever be constructed or used on any lot. 15. Existing Structures. No existing erected building or structure of any sort may be moved onto or placed on any of the above described lots. 16. Temporary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on the building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. 17. Easements for public utilities and drainage. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, 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. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility and drainage easements. In the event any of the above obstructions are maintained within the area of such easement no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 18. Fences. No fences, enclosure or part of any building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot; provided, however that it is not the intention of this paragraph to exclude the use of evergreen or other shrubbery to landscape the front yard. 19. Parking of vehicles. No automobile, truck, trailer, camper or recreational vehicle shall be parked anywhere other than the driveway areas. 20. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs a sight line at elevation between one and six feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points twenty-five feet from the intersection of the street line, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitation shall apply on any lot within ten feet from the driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersection unless the foliage lines are maintained at sufficient height to prevent obstruction of such sight lines. 21. 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 filed herewith is center line curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat, the dimensions and distances as disclosed by the established pins, the pins as set shall control. 22. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 23. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all parties claiming by, through or under it shall be restricted, and with its successors and assigns, and with each of them to conform to and observe said restrictions as to the use of said lots and the construction of improvements thereon, but no restriction herein set forth shall be personally binding upon any corporation, person or persons except in respect to breaches committed during its, his or their seizing title to said land, and Allotter, its successors and assigns, and also the owner or owners ❑f any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure of Owners, its successors or assigns, or any owner or owners of any lot or lots in this addition to enforce any of the restrictions, herein 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. 24. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or cancelled, in whole or part, by a written instrument signed and acknowledged by the owner or owners of more than 80% in area of the total land contained within this addition and all additional property; which Allotter has reserved the right to plat in the future as part of Pine Hill Homes Addition, an Addition to the City of Little Rock, by obtaining preliminary plat approval from the City of Little Rock. The provisions of such instrument so executed shall be binding from now after the date it is duly filed for record in Pulaski County, Arkansas. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2010. 25. Extension. All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten years each unless modified, terminated or cancelled as provided herein. 26. 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 affect. 27. Property Owners Association. The purchaser or owner of any property in the Addition, by acceptance of title agrees to become and shall be a member and have membership in the Pine Hill Homes Addition Property Owners Association, a nonprofit Corporation. The Articles of Incorporation or Bylaws of said Association provide, or will provide, that among other purposes and duties of said Association, are the enforcement of all the restrictions, covenants and conditions contained in this Bill of Assurance and the maintenance, preservation and improvement of all facilities and other public areas, open spaces through the Addition. Any purchaser or owner of properties with said Addition agrees to pay the said Association annual dues or assessments for such purposes, the amount of which shall be established by the Board of Directors of the Property Owners at least thirty (30) days prior to the assessment date, provided such annual assessment against any residential lot shall be an equal amount per lot and further provided that any increase above five percent over the previous year must be by the vote of a majority of those present a special or the regular annual meeting of the Property Owners Association in assisting or resisting zoning applications and related development activities in areas in the vicinity of Pine Hill Homes Addition to the City of Little Rock. A lien shall exist and shall continue to exist on each lot in the Addition for the amount of annual dues or assessments so fixed until the same is fully paid. The Association shall have the right, power and authority to add a penalty not to exceed twenty percent for failure to pay such annual dues or assessments and to enforce the collection of all dues, assessments and penalties, if not paid within a time to be fixed by it, by proceedings in the Chancery Court of Pulaski county, Arkansas, the same as other liens are enforced on lands located in said county and said lien shall cover and include such penalties and all costs incurred in enforcing the same. The Articles of Incorporation and Bylaws of said Association provide that such purchaser or owner of a lot in said Addition shall be entitled to one vote at all elections and on all other matters that may come before a meeting of the members, provided that if any member of said Association shall be the purchaser or owner of more than on lot in the Addition, he shall be entitled to as many votes as the number of lots purchased or owner by him. Allotter shall be entitled to and directed to accept membership in said Association and shall pay dues or assessments with respect to the unsold lots in said Addition. Professional builders shall be exempt from paying dues on lots until such time as a house is completed and sold to the original homeowner. EXECUTED at Little /14Qi"CA , 1995. LITTLE ROCK PLANNING COMMISSION APPROVED STATE OF ARKANSAS COUNTY OF PULASKI Rock, Arkansas, this CITY QY LITTLE ROCK n Stanf Attest day of Reviewed orgy for inclusion of minimum standards regained W tip- City of isttI$ I ;cclt subdivision rupWiMs. IhO Bill of Assure �xcaad m a MuMrf cgu be0ns a ft tisvelnper tna J .. Lille Roc% suhd;visiwrl and zoning ordira:l=. City of Li a 9ocic Plannine� Commission On this 1 J L. day of `'AO A , 1995, before me a Notary Public, personally appeared, Edwin Stanfield personally known to me to be the person whose name is subscribed in the within instrument and acknowledged to me that they executed the same for the purpose therein contained. Notary Public My Commission Expires: JD04 .rria+�aar++rrrrr m• C rr+'+rrCGI���D BILL OF ASSURANCE THAT, WHEREAS, The City of Little Rock, (hereinafter called "Allotter") is the owner of the following property: Lot 15 and part of Lot 16, Pine Hill Subdivision, Little Rock, Arkansas and a portion of Gilman Street (closed), a portion of West 25th Street (closed) , a portion of Potter Street and a portion of 26th Street, all more particularly described as: Beginning at the Southeast corner of Lot 19R, Pine Hill Homes, an Addition to the City of Little Rock, Arkansas; thence N0201215011E along the East line of said Lot 19R, 120.0 ft. to the Northeast corner of said Lot 19R; thence N8705414911W along the North line of said Lot 19R, 5.20 ft.; thence N0200713211E along the Southerly projection of the East line of Lot 4R, said Pine Hill Homes, said East line and the Northerly projection of said East line, 185.30 ft. to a point on the centerline of 25th Street (closed); thence S8705713911E along said centerline and along the South line of Cloie Subdivision, 408.98 ft. to a point on the West line of Meadowlark Subdivision; thence SO105214911W along said West line, 330.35 ft. to the Northeast corner of Lot 10, Elkhart Subdivision; thence N8705715611W along the North line of said Lot 10, 114.91 ft.; thence NO1056105"E, 25.0 ft. to a point on the South line of said Lot 15, Pine Hill Subdivision and the North right-of-way line of West 26th Street; thence N8705615811W along the South line of said Pine Hill Subdivision and the North right-of-way line of West 26th Street, 290.39 ft. to the point of beginning, containing 2.9248 acres more or less. and now desire to plat said lands into lots. WHEREAS, it is deemed advisable that all of the above described property shown on the plat hereinafter mentioned, be now subdivided into building lots and streets as shown on the attached plat filed herewith, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE, the Allotter, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat, filed herewith in Plat Book at Page , showing a survey made by White-Daters, Registered Engineer, dated March 17, 1995 and bearing a Certificate of Approval, executed by the Planning Administrator, Department of Comprehensive Planning of the City of Little Rock, and showing the bounds and dimensions of the property now being subdivided into lots and streets. Allotter hereby donates and dedicates easements for drainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being without limiting generality of the foregoing, electric power, gas, telephone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities 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. Note: The designation on the plat shown as no vehicular access easements means no driveways or use of any auto or truck in this area except for utility vehicles for temporary access as needed for maintenance. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex -Of ficio Recorder of Pulaski County shall be valid and complete delivery and dedication of the street and easements subject to the limitations herein set out. The lands embraced in said plat shall be forever known as "Lots 5-18, PINE HILL HOMES ADDITION" and any and every deed of conveyance of any lot in such addition describing the same by the number'' shown on said, plat shall always be deemed a sufficient description thereof. Said land herein platted and any interest herein shall be held, owned and conveyed subject to and in conformity with the following covenants: 1. Use of Land. The land herein platted shall be held, owned and used only as residential building sites. No structure shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence. Each residence erected or maintained upon the land platted herein shall have a one or more car garage or carport unless the requirement for such attachment is waived in writing by the Allotter. 2. Architectural Control. No building shall be erected, placed or altered on any property in this addition until the building plans and specifications, exterior color schemes 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 Allotter. In the event the Allotter fails to approve or disapprove any plans, specifications, exterior color scheme or plot plans within thirty days after being submitted to it, such plans, specifications, exterior color schemes or plot plans shall be deemed to fully meet the requirements of this covenant. Nothing contained in this covenant nor any consent by the Allotter shall in any way be deemed to prevent any owner in this addition from enforcing any legal rights which such owner may have as to any improvement in this addition. 3. Height and Type of Residence. No residence shall be erected altered, placed or permitted to remain on any lot in this addition other than one detached single-family residence not to exceed two and one-half stories in height. 4. Setback Requirements. No building shall be located on any building site nearer than to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. No building shall be located nearer to an interior lot side line than a distance of five (5) feet. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building. 5. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in this addition unless the finished heated living area. exclusive of porches, patios, garages, breezeways, exterior stairways, storage areas apd out -buildings, shall be a minimum of 900 square feet. 6. Height of Other Structures. No structures of any kind including but not limited to any radio or television antenna or tower, shall be built or permitted to remain upon the lot. 7. Frontage of Residence on Streets. Any residence erected on,any lot in this addition shall front or present a good frontage on the streets designated in the plat, and for this purpose as applied to all inside lots, it shall mean that the residence shall front on the street designed, and on any corner lot it shall mean that the residence shall front or present a good frontage on both of the streets designated in the plat. 8. Commercial Structures. No building or structure of any type may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to this addition. 9. Outbuildings Limitation. No outbuilding, or other detached structure appurtenant to the resident may be erected on any of the lots hereby restricted without the consent in writing of the Allotter. 10. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot or part thereof, except that dogs, cats or other household pets, which are not noisy or unruly to the extent that such pet is an annoyance to neighbors, may be kept provided they are not kept, bred or maintained for commercial purposes. 11. Noxious Activity. No noxious or offensive trade of activity shall be carried on upon any lot, nor any trash, ashes or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. 12. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures on any lot is specifically prohibited, except that billboards advertising the sale or rental of such property are permitted, provided they do not exceed eight square feet in size. 13. Oil and Mineral Operations. No oil drilling, oil development operating, 'oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected , maintained or permitted upon any building site. 14. Cesspool. No leeching cesspool shall ever be constructed or used on any lot. 15. Existing Structures. No existing erected building or structure of any sort may be moved onto or placed on any of the above described lots. 16. Temporary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on the building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. 17. Easements for public utilities and drainage. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, 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. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility and drainage easements. In the event any of the above obstructions are maintained within the area of such easement no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 18. Fences. No fences, enclosure or part of any building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot; provided, however that it is not the intention of this paragraph to exclude the use of evergreen or other shrubbery to landscape the front yard. 19. Parking of vehicles. No automobile, truck, trailer, camper or recreational vehicle shall be parked anywhere other than the driveway areas. 20. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs a sight line at elevation between one and six feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points twenty-five feet from the intersection of the street line, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitation shall apply on any lot within ten feet from the driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersection unless the foliage lines are maintained at sufficient height to prevent obstruction of such sight lines. 21. 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 filed herewith is center line curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat, the dimensions and distances as disclosed by the established pins, the pins as set shall control. 22. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 23. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all parties claiming by, through or under it shall be restricted, and with its successors and assigns, and with each of them to conform to and observe said restrictions as to the use of said lots and the construction of improvements thereon, but no restriction herein set forth shall be personally binding upon any corporation, person or persons except in respect to breaches committed during its, his or their seizing title to said land, and Allotter, its successors and assigns, and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure of Owners, its successors or assigns, or any owner or owners of any lot or lots in this addition to enforce any of the restrictions, herein 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. 24. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or cancelled, in: -whole or part, by a written instrument signed and acknowledged by the `owner or owners of more than 80% in area of the total land contained within this addition and all additional property; which Allotter has reserved the right to plat in the future as part of Pine Hill Homes Addition, an Addition to the City of Little Rock, by ❑btaining preliminary plat approval from the City of Little Rock. The provisions of such instrument so executed shall be binding from now after the date it is duly filed for record in Pulaski County, Arkansas. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2010. 25. Extension. All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten years each unless modified, terminated or cancelled as provided herein. 26. 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 affect. 27. Property Owners Association. The purchaser or owner of any property in the Addition, by acceptance of title agrees to become and shall be a member and have membership in the Pine Hill Homes Addition Property Owners Association, a nonprofit Corporation. The Articles of Incorporation or Bylaws of said Association provide, or will provide, that among other purposes and duties of said Association, are the enforcement of all the restrictions, covenants and conditions contained in this Bill of Assurance and the maintenance, preservation and improvement of all facilities and other public areas, open spaces through the Addition. Any purchaser or owner of properties with said Addition agrees to pay the said Association annual dues or assessments for such purposes, the amount of which shall be established by the Board of Directors of the Property Owners at least thirty (30) days prior to the assessment date, provided such annual assessment against any residential lot shall be an equal amount per lot and further provided that any increase above five percent over the previous year must be' by the vote of a majority of those present a special or the regular annual meeting of the Property Owners Association in assisting or resisting zoning applications and related development activities in areas in the vicinity of Pine Hill Homes Addition to the City of Little Rock. A lien shall exist and shall continue to exist on each lot in the Addition for the amount of annual dues or assessments so fixed until the same is fully paid. The Association shall have the right, power and authority to add a penalty not to exceed twenty percent for failure to pay such annual dues or assessments and to enforce the collection of all dues, assessments and penalties, if not paid within a time to be fixed by it, by proceedings in the Chancery Court of Pulaski county, Arkansas, the same as other liens are enforced on lands located in said county and said lien shall cover and include such penalties and all costs incurred in enforcing the same. The Articles of Incorporation and Bylaws of said Association provide that such purchaser or owner of a lot in said Addition shall be entitled to one vote at all elections and on all other matters that may come before a meeting of the members, provided that if any member of said Association shall be the purchaser or owner of more than on lot in the Addition, he shall be entitled to as many votes as the number of lots purchased or owner by him. Allotter shall be entitled to and directed to accept membership in said Association and shall pay dues or assessments with respect to the unsold lots in said Addition. Professional builders shall be exempt from paying dues on lots until such time as a house is completed and sold to the original homeowner. EXECUTED at Little Ald re -A , 1995. LITTLE ROCK PLANNING COMMISSION APPROVED STATE OF ARKANSAS COUNTY OF PULASKI Rock, Arkansas, this tTM day of CITY OF LITTLE ROCK Edwin Stanf ie Attest Reviewed only for inclusion of minimum standards required by th-- UP1 of t_itl!s Rcck cuhtfil ::-n regulations. Bill of Assurance p u; is i�rs ss€�Lli.'r,sd by the developer n� % Eti ?c�[ 1,;;i1 L'Ti rZ": lal:onS of tho little Rock subdivision and zoning ordinances. City of tie Rock Planning Commission On this i I +�k- day of �lt , 1995, before me a Notary Public, personally appeared, Edwin Stanfield personally known to me to be the person whose name is subscribed in the within instrument and acknowledged to me that they executed the same for the purpose therein contained. 'nan� 'L.a Notary Public My Commission Expires..