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Instru—nt# 2022083612 Page 1 of 3 { `u j pI ```II��ff ii
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PRESENTED. 12.76-202211:02A-SAM RECORDED 12.20-20221,:07:31 AM
In Official Records of Terri Hollingsworth Circuiucounty Clerk
PULASKI CO, AR FEE $25.00
EXTENSION OF BILL OF ASSURANCE
TO CHELSEA SQUARE
A PLANNED UNIT DEVELOPMENT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, on September 29, 1983, a Bill of Assurance to Chelsea Square was
filed with the Pulaski County Circuit Clerk as Instrument No. 83-50354; and
WHEREAS the real property encumbered by the Bill of Assurance in Pulaski
County, is described as:
Part of the SE1/4, SW1/4, section 29, T-2-N, R-13-W, Pulaski
County, Arkansas being more particularly described as follows:
Beginning at the southeast corner of the SE1/4, SW1/4, Section 29,
T-2-N, R-13-W, Pulaski County, Arkansas; thence in a
Northwesterly direction along the centerline of Hinson Road along
the arc of a curve to the right having -a radius of 603.09', said arc
having a chord of 413.34' on a bearing of N68 degrees 47' 33" W;
thence continue along said centerline N48 degrees 45' 01" W
75.00% thence continue along said centerline along
the arc of a curve to the right having a radius of 711.4, said arc
having a chord of 306.96' on a bearing of N36 degrees 17' 25,
thence continue along centerline along the arc of a curve to
the right having a radius of 711.4', said arc having a chord of 10.87'
on a bearing of N23 degrees 23' 42" W; thence N80 degrees 40'
01" E 625.09' to a point on the east line of the SE1/4, SW1/4,
Section 29, T-2-N, R-13-W; thence 500 degrees 19' 50" E along the
east line of the said SE1/4, SW1/4 460.00' to the point of beginning
containing 4.62 acres more or less. Subject to a 40.0' wide
roadway easement for Hinson Road along the south and west side
thereof containing 0.72 acres more or less. The net area of this
description being 3.90 acres more or less.
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'•f►►rC0Li ice.
WHEREAS, said Bill of Assurance provided in Article XV Section 8 for the
Extension of the Bill of Assurance by written instrument signed and acknowledged by
the owner(s) of over (50%) in area of all the lots shown in the plat; and,
WHEREAS, over fifty percent (50%) of the said owners are desirous of extending
the effective term of said Bill of Assurance to reflect the needs of the community;
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Instrument# 2022083612 Page 2 of 3
NOW, THEREFORE, the term of the Bill of Assurance referenced herein is hereby
extended and shall remain in full force and effect until January 1, 2043.
IN WITNESS WHEREOF, the undersigned property owners, representing over fifty
(50%) of all the lots in the subdivision have caused their names and addresses to be
affixed hereto.
Dame (printed) .
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Signature
Address
2111 Hin
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Lot No.
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Instrument# 2022083612^Page 3 of 3
ACKNOWLEDGEMENT
I, Gregory J. Davis, the proponent of this extension to the Bill of Assurance, state
on oath that there are twenty (20) lots in said subdivision and that the signatures above
are genuine and that the signers of this instrument are all owners of the lots set out by
their names and that the total number of signatures represent over fifty percent (50%)
in area of all the lots shown on the plat.
1Ir
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GREG RY J. 4AV6
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day, personally appeared before me, Gregory J. Davis, known to me to be
the person whose name is subscribed to the within instrument and acknowledged that
they executed the same for the purposes therein contained.
WITNESS my hand and official seal this —' y of , 2022. da
My Commission Expires:
NOTARY PUBLIC
LAURA M. BLOCKER
FAULKNER COUNTY
NOTARY PUBLIC -ARKANSAS
Ny Commission ExOres March 1. 2028
Commisslon No.1234=
83 50354
FILED & RECORDED BILL OFTAASSURANCE 241
MeMp28 ^ 11129 CHELSEAASQUARE
PLANNED UNIT DEVELOPMENT
IMA, UEI Co. MR. i C�
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Western Little Rock Co., an Arkansas corporation,
hereinafter called "Declarant" is the owner of the following
described lands lying the the County of Pulaski, State of
Arkansas, to -wit:
Part of the SEk, SWk, Section 29, T-2-N, R-13-W,
Pulaski County, Arkansas being more particularly
described as follows, Beginning at the southeast
corner of the SM SWk, Section 29, T-2-N, R-13-W,
Pulaski County, Arkansas; thence In a Northwesterly
direction along the centerline of Hinson Road along the
akc of a curve to the right having a radius of 603.09',
said arc having a chord of 413.34' on a bearing of H688
47' 33" WT thence continue along said centerline NAP
` 45' 010 W 75.0011 thence continue along said centerline
along the arc of a curve to the right having a radius
of 711.41, said arc having a chord of 306.9G' ot, a
bearing of N360 17' 25"7 thence continue along said
centerline along the arc of a curve to the right having
a radius of 711.41, said arc having a chard of 10.87'
on a bearing of N23° 23' 42" WI thence N80' 40' 01" E
625.09, to a point on the east line of the SE►4, SW}t,
Section 29, T-2-N, R-13-W: thence 500° 19' 50" E along
the east line of the said SEk, SWk 460.00' to the paint
of beginning containing 4.62 acres more or less.
Subject to a 40.0' wide roadway easement for Hinson
Road along the south and most side thereof containing
0.72 acres more or less. The net area of this
r- description being 3.90 acres more or less S"Property"),
and
WHEREAS, it is deemed desirable that the Property be now
subdivided into building lots and Common Areas (as hereinafter
defined) as shown on the attached plat, and the Property be held,
owned and conveyed subject to the protective covenants herein
contained;
NOW, THEREFORE, the Declarant, for and in consideration of
the benefits to accrue to it, which benefits it acknowledges to
be of value, has caused to be made a plat, hereto attached,
showing survey made August. 24, 1983, signed by Finley Williams
Engineers, Inc., Registered Professional Engineers, and bearing a
certificate of approval executed by the Little Rock Planning
Commission, and showing the bounds and dimensions of the property
now being subdivided into lots and Common Areas. There are also
shown on said plat certain easements for drainage and utilities
which Declarant hereby donates and dedicates to and for the use
of public utilities, the same being, without limiting the 24",
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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 utility
services, and to the extent set forth herein only, 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.
said utility easements shall also be subject to use by the owners
of abutting lots for the sole purpose of installing and
maintaining such underground electric and telephone service
conductors as may be necessary to connect the service lines of
owners to the service pedestals installed by said utilities.
The filing of this Plat and Hill of Assurance for record in
the office of the Circuit Clerk and Ex-Officio Recorder of
Pulaski County, Arkansas, will be a valid and complete delivery
and dedicaticn of the easements subject to the limitations herein
set out.
The lands embraced in said Plat shall be forever known as
"Chelsea Square, an Addition to the City of Little Rock,
Arkansas," and any and every deed of conveyance for any lot in
r said Addition describing the same by the number or numbers shown
on said Plat shall always be deemed a sufficient description
thereof.
Declarant will develop and convey all of the Property,
pursuant to a general plan for all of the Property and subject to
certain protective covenants, conditions, restrictions,
reservations, easements, equitable servitudes, liens and charges,
all running with the Property as hereinafter set forth.
Declarant hereby declares that all of the Property shall be
held, sold, conveyed, encumbered, hypothecated, leased, used,
occupied and improved subject to the easements, restrictions,
covenants, conditions and equitable servitudes created and
described hereinbelow ("Provisions"), all of which are for the
purpose of uniformly enhancing and protecting the value,
attractiveness and desirability of the Property, in furtherance
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of a general plan for the protection, maintenance, subdivision,
improvement and sale of the Property, or any portion thereof.
} The covenants, conditions, restrictions, reservations, easements,
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and equitable servitudes set forth herein shall run with the
Property and shall be binding upon all persons having any right,
title or interest in the Property, or any part thereof, their
heirs, successors and assigns; shall inure to the benefit of
every portion of the Property and any interest therein; and shall
inure to the benefit of and be binding upon Declarant, its
successors -in -interest and each owner and his respective
successors -in -interest, and may be enforced by any owner and his
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successors -in -interest, and by the Association (as hereinafter
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defined).
Notwithstanding the foregoing, no provision of this
Declaration shall be construed as to prevent or limit Declarant's
rights to complete development of the Property and construction
of improvements thereon, nor Declarant's right to maintain model
homes,'construction, sales or leasing offices or similar
facilities on any property in the Property owned by Declarant or
the Association, nor Declarant's right to post signs incidental
to construction, sales or leasing.
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Declarant has deemed it desirable, for the efficient
r preservation of the values and amenities in the Property
described above and in the additional properties which may be
annexed thereto pursuant to the provisions of this instrument, to
create a corporation under the General Nonprofit Corporation Law
of the State of Arkansas to which will be delegated and assigned
• the powers of owning, maintaining and administering the Common
Areas and administering and enforcing the covenants and
restrictions, and collecting and disbursing the assessments and
charges hereinafter created.
Declarant will or has cau:;ed such corporation, the Members
of which shall be the respective owners of Lots in the Property,
and owners of the Lots in real property annexed pursuant t:o this
Declaration, to be formed for the purpose of exercising the
functions aforesaid.
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Said land herein platted and any interest thPrrin ahn11 be
held, owned and conveyed subject to and in conformity with the
following provisions which, subject to being amended or cancelled
as hereinafter provided, shall be and remain in full force and
effect until January 1, 2003, to -wits
ARTICLE I
DEFINITIONS
Unless otherwise expressly provided, the following words and
phrases when used herein shall have the meanings hereinafter
specified:
Section 1. "Architectural Committee" shall mean the
Declarant or the Association when exercising the approva
authority conferred pursuant to Article IX hereof.
section 2. "Articles" shall mean the Articles of
Incorporation of the Association which have been filed in the
office of the secretary of State of the State of Arkansas.
Section 3. "Common Assessment" shall mean the charge
against each Owner and his Lot, representing a portion of the
total costs to the Association of maintaining, improving,
repairing, replacing, managing and operating the Property, which
are to be paid uniformly and equally by each owner to the
Association, as provided herein.
Section 4. "5 ecial Assessments" shall mean a charge
against a particular owner and his Lot, directly attributable to
the owner, equal to the cost incurred by the Association for
corrective action performed pursuant to the provisions of this
Declaration, plus interest thereon as provided for in this
Declaration.
Section 5. "ftecaastruction Assessment" shall mean a charge
against each Owner and his Lot, representing a portion of the
cost to the Association for reconstruction of any portion or
portions of the Improvements on the Common Area pursuant to the
provisions of this Declaration.
Section 5. "Capital miprnvrrucnt Assessment" shall mean a
charge against each owner and his Lot, representing a portion of
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the costs to the Association for installation or construction of
any Improvements on any portion of the Common Area which the
jAssociation may from time to time authorize.
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Section 7. "Association' shall mean the Chelsea Square
Property owner's Association, Inc., a corporation formed under
the General Nonprofit Corporation Law of the State of Arkansas,
its successors and assigns.
Section 8. "Board" shall mean the Board of Directors of the
Association, elected in accordance with the By -Laws of the
Association.
Section 9. "By -Laws" shall mean the By -Laws of the
Association, which have been or shall be adopted by the Board as
such By -Laws may be amended from time to time.
Section Ia. "Common Areas" shall mean all the real property
and improvements, including without limitation, landscaped areas
and private roadways and walkways, which are owned by the
Association for the common use and enjoyment of all. of the
Owners. The initial Common Areas are shown on the Plat.
Additional Common Areas might be transferred to the Association
in the future pursuant to the terms of Article XIII.
Section 11. "Cornnon Expenses" shall mean the actual and
estimated costs of: maintenance, management, operation, repair
and replacement of the Common Areas (including unpaid Special
Assessments, Reconstruction Assessments and Capital Improvement
Assessments), including thoees costs not paid by the Owner
responsible for payment; the costs of any and all commonly
metered utilities, and other commonly metered charges for the
Property; costs of management and administration of the
Association including, but not limited to, compensation paid by
the Association to managers, accountants, attorneys and other
employees; the costs of all utilities, gardening and other
services benefiting the Common Areas, and all recreational
facilities thereon; the cost of fire, casualty and liability
insurance, workmen's compensation insurance, and other insurance,
if any, covering the Common Areas; the costs of bonding of the
members of the management body; taxes paid by the Association;
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amounts paid by the Association for discharge of any lien or
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encumbrance levied against the Common Areas, or portions thereof;
and the costs of any other item or items designated by, or in
accordance with other expenses incurred by, the Association for
j any reason whatsoever in connection with the Property, for the
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benefit of all of the owners.
Section IZ. "Declarant" shall mean and refer to Western
Little Rock Co., an Arkansas corporation, its successors and
assigns, if such successors and assigns should acquire more than
one (1) Lot from the Declarant for the purpose of development and
resale so long as Western Little Rock Co. assigns such rights of
Declarant hereunder to any such person by an express written
assignment.
! E Section 13. "Dwelltng_�nit" shall mean and refer to a
building located on a Lot designed and intended for use and
occupancy as a residence by a single family.
Section 14. "Property" shall mean and refer to all of the
real property described above together with such portion of other
real property with respect to which a Notice of Addition of
Territory has then been recorded subjecting it to the Provisions
of this instrument and to the jurisdiction of the Association as
provided herein.
Section 15. "Lot" shall mean and refer to any residential
lot or parcel of land shown upon the recorded subdivision map of
Chelsea Square, with the exception of the Common Areas.
section 16. "Member" shall mean any person or entity
• holding a membership in the Association as provided herein.
Section 17. "Owner" shall mean and refer to the person or
persons or other legal entity or entities, including Declarant,
holding fee simple interest of record to any Lot which is a part
of the Property, including sellers under executory contracts of
sale, but excluding those having such interest merely as security
for the performance of an obligation.
Section 1B. "Person" shall mean a natural individual or any
other entity with the legal right to hold title to real property.
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$eCt� y• "geeatd Recorded Filed and Recordation" shall
mean, with respect to any document, the recordation of such
document in the office of the Circuit Clerk and Ex-Offlcio
Recorder of the County of Pulaski, State of Arkansas.
SCction 29. "plat" shall mean the plat of Chelsea Square
prepared by Finley Williams Engineer, Inc., dated August 24,
1983, as described hereinabove.
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ARTICLE II
O!ERS' PROPERTY RIGHT6
gectio�l, Owners' £a Bement of Sn o moot. Every Owner
shall have a right and easement of ingress and egress and of
enjoyment in, to and over the Common Areas which shall be
appurtenant to and shall pass with title to every Lot, subject to
the following provisions:
(a) The right of Declarant to annex additional Common
Areas thereto pursuant to the terms Article gill
(b) The right of the Association to establish uniform
rules and regulation pertaining to the use of the Common
Area and the recreational facilities thereof, including, but
not limited to, the right and obligation of the Association
to enforce all parking restrictions within the Common Areas
as set forth herein.
(c) The right of the Association in accordance with
the vote or written assent of two-thirds (2/3rds) of each
c1896 of Members (excluding therefrom the voting power of
Declarant), to borrow money for the purpose of improving the
Common Areas and facilities and in aid thereof, to mortgage,
pledge, deed in trust, or hypothecate any or all of its real
or personal property as security for money borrowed or debts
incurred', provided that the rights of such Mortgagee shall
be subordinated to the rights of the owners.
(d) The right of the Association to suspend the voting
rights and right to use the Common Area facilities by an
Owner for any period during which any assessment against his
Lot remains unpaid and delinquent; and for a period not to
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exceed thirty (30) days for any single infraction of the
published rules and regulations of the Association, provided
that any suspension of such voting rights or right to use
the Common Area facilities, shall be made only by the Board
of Directors of the Associatiun, after notice and an
opportunity for a hearing.
(e) The right of the Declarant (and its sales agents,
customers and representatives) to the non-exclusive use of
the Common Areas and the facilities thereof, without charge,
for sales, display, access, ingress, egress and exhibit
purposes, which right Declarant hereby reserves; provided,
however, that such use shall not be for a period of more
than two years after the date of recordation of this
1 instrument.
Section 2. Deis ation of Use. Any Owner may delegate his
right of enjoyment to the Common Areas and facilities to the
members of hie family, his tenants, or contract purchasers who
reside in his Dwelling Unit, subject to reasonable regulation by
the Board.
Section 3. Easements for Parkin . Temporary guest or
recreational parking shall be permitted within the Common Areas
Y r— only within spaces and areas clearly marked for this purpose.
Spaces shall be shown by signs or markings on the paved area.
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The Association, through its officers, committees and agents is
hereby empowered to establish "parking" and "no parking" areas
within the Common Areas as well as to enforce these parking
limitations by all means lawful for such enforcement on city
streets, including the removal of any violating vehicle by those
so empowered.
Section 4. Easements For Vahiculor Traffic. In addition to
the general easements for use of the Common Areas reserved
herein, there shall be and Declarant hereby reserves and
covenants for itself and all future owners within the Property
that each and every owner shall have a non-exclusive easement
appurtenant for vehicular traffic over all private drives within
the property, subject to the parking provisions set forth in
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Section 3 of this Article II hereof. Declarant reserves the
right to grant similar easements to owners of property in
additional property annexed hereto pursuant to Article
Section 5. Waiver of Use. No owner may exempt himself from
personal liability for assessments duly levied by the
Association, nor release the Lot or other property owned by him
from the liens and charges hereof, by waiver of the use and
enjoyment of the Coimnon Areas and the facilities thereon or by
abandonment of his Lot.
Section 6. Title to the Common Area. The Declarant hereby
covenants for itself, its successors and assigns that it will
convey fee simple title to the Common Areas, as shown on the
Plat, to the Association. Said conveyance shall be made prier to
the conveyance of the first Lot to a purchaser from Declarant.
Declarant shall similarly convey the Common Areas of any property
later added thereto.
ARTICLE III
! MEMBERSHIP IN ASSOCIATION
Section 1. Membership. Every owner of a Lot shall be a
Member of the Association, and no Owner shall have more than one
membership in the Association. Memberships in the Association
shall not be assignable, except to the successor -in -interest of
the owner, and every membership in the Association shall be
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appurtenant to and may not be separated from the fee ownership of
such Lot. Ownership of such Lot shall be the sole qualification
for membership in the Association.
! Section 2. Transfer. The Association membership held by
any owner of a Lot shall not be transferred, pledged or alienated
in any way, except upon the sale or encumbrance of such Lot, and
then only to,the purchaser or Mortgagee of such Lot. Any attempt
to make a prohibited transfer is void, and will not be reflected
upon the books and records of the Association. A Class A Member
who has sold his Lot to a contract purchaser under an agreement
to purchase shall be entitled to delegate to such contract
purchaser his membership rights in the Association. Such
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delegation shall be in writing and shall be delivered to the
Board before such contract purchaser may vote. However, the f
contract seller shall remain liable for all charges and
assessments attributable to his Lot until fee title to the Lot
��• sold is transferred. In the event the owner of any Lot should
fail or refuse to transfer the membership registered in his name
to the purchaser of such Lot upon transfer of fee title thereto,
the Board of Directors shall have the right to record the
transfer upon the books of the Association. The Board of
Directors shall have the right to charge a reasonable Special
Assessment against any owner, and his Lot, equal to the cost to
the Association of effectuating any such transfer of his
membership upon the books of the Association.
ARTICLE IV
VOTING RIGHTS
Section 1. Classes of Voting Memberehi . The Association
shall Lave two (2) classes of voting membership as follows:
Class A. Class A Members shall originally be all
owners with the exception of the Declarant for so long as
there exists a Class B membership. Class A Members shall be
r- entitled to one (1) vote for each Lot owned. Declarant
j shall become a Class A Member with regard to Lots owned by
jDeclarant upon conversion of Declarant's Class B membership
as provided below. When more than one person holds an
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interest in any Lot, all such persons shall be Members. The
vote for such Lot shall be exercised in accordance with
Article IV, Section 2 of this instrument, and in no event
shall more than one (1) vote be cast with respect to any
Lot.
Clabb B. The Class B Member shall be the Declarant and
it shall be entitled to three (3) votes for each Lot owned
by Declarant. The Class B membership shall cease and be
converted to Class A membership on the happening of any of
the following events, whichever occurs earliest:
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Is) when the tuLal votes outstanding in the Class
A membership, inclusive of votes attributable to any
property annexed to the Properties, equals the total
votes outstanding in the Class B memberships or
(b) Two (2) years from the date of recordation of
this instrument.
section 2. Vote Distribution- Members shall be entitled to
one (1) vote for each Lot in which they Bold the interest
required for membership. When more than one person holds such
interest or interests in any Lot, ("co-owner"), all such
co -owners shall be Members and may attend any meetings of the
Association, but only one such co-owner shall be entitled to
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exercise the vote to which the Lot is entitled. Such co -owners
may from time to time all designate in writing one of their
number to vote. Fractional votes shall not be allowed, and the
Class A vote for each Lot shall be exercised, if at all, as a
unit. Where no voting co-owner is designated or if such
designation has been revoked, the vote for such Lot shall be
exercised as the majority of the co -owners of the Lot mutually
agree. Unless the Board receives a written objection from a
co-owner, it shall be presumed that the corresponding voting
co-owner is acting with the consent of his or her co -owners. No
vote shall be cast for any Lot where the majority of the
co -owners present in person or by proxy and representing such Lot
cannot agree to said vote or other action. The non -voting
co-owner or co -owners shall be jointly and severally responsible
for all of the obligations imposed upon the jointly owned Lot and
• shall be entitled to all other benefits of ownership. All
agreements and determinations lawfully made by the Association in
accordance with the voting percentages established herein, or in
the By -Laws of the Association, shall be deemed to be binding on
all Owners, their successors and assigns. Said voting rights
shall be subject to the restrictions and limitations provided in
this Declaration and in the Articles of Incorporation and By -Laws
of the Association.
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ARTICLE V
y, DUTIES AND POWERS OP ASSOCIATION
$� The Association, acting through the Board of Directors,
shall also have the power and duty to:
�_• (a) Maintain, repair and otherwise manage the Common
Areas and all facilities, Improvements and landscaping
thereon.
(b) Maintain all private drives within Chelsea Square,
including cleaning and periodic resurfacing.
(c) Maintain such policy or policies of liability and
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fire insurance with respect to the Common Area and persona
property, if any, owned by the Association as provided
herein in furthering the purposes of and protecting the
interests of the Association and Members and as directed by
this Declaration and the By -Laws of the Association.
(d) Employ or contract with a professional Manager to
perform all or any part of the duties and responsibilities
A the Association, and shall have the power to delegate its
powers to committees, officers and employees. Any such
agreement shall be for a term not in excess of one (1) year,
subject to cancellation by the Association for cause at any
time upon not less than thirty (30) days' written notice,
and renewable by agreement of the parties for successive one
(1) year periods.
(e) Grant easements, rights of way, or strips of land,
where necessary, for utilities and sewer facilities over the
Common Areas to serve the Common Areas and the Lots.
ARTICLE VI
ASSESSMENTS
Section'1. Creation of the Lien and Personal Obli ation of
Assessments. Declarant, for each Lot owned by it within the
Properties, hereby covenants, and each owner of any Lot by
acceptance of a deed therefor, whether or not iu shall be so
expressed in such deed, is deemed to covenant and agree to pay to
the Association 11) annual Common Assessments for Common
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Expenses, (2) Capital Improvement Assesements, 13) Special - J
Assessments, and (4) Reconstruction Assessmente; such assessments j
3 to be established and collected as hereinafter provided. Such
assessments, together with interest, costa and reasonable
attorneys' fees for the collection thereof, shall be a charge on
the land and shall be a continuing lien upon the property against
which such assessment is made. Each ouch assessment, together
with interest, costs and reasonable attorney's fees, shall also
be the personal obligation of the person who was the Owner of
such property at the time when the assessment fell due. Subject
to provisions of this Declaration protecting first Mortgagees,
the personal obligation for delinquent assessments shall pass to
the successors -in -title of such owner.
Section 2. Purpose of Common Assessments. The Assessments
levied by the Association shall be used exclusively to promote
the common health, safety, benefit, recreation and welfare of the
Owners and for the improvement and maintenance of the Common
Areas and of the Dwelling Unite situated upon the Lots in the
Properties as provided herein.
Section 3. Dams a to Common Area b owners. maincencu&—,
repairs or replacements within the Common Areas arising out of or
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caused by the willful or negligent act of the Owner, his family,
guests or invitees shall be done at said Owner's expense or a
Special Assessment therefor shall be made against his Lot;
provided, however, that the liability of an individual owner for
such damage to the Common Areas shall not be absolute, but shall
only be that for which the Owner is legally responsible under
State law.
Section 4. Basis of Maximum Common +AHsesement, until
January 1 of the year immediately following the conveyance of the
first improved Lot in the Property to an owner, the maximum
Common Assessment under this Article VI shall be
Four Hundred Dollars ($ 400.00 ) per Lot per year.
(a) From and after January 1 of the year immediately
following the conveyance of the first improved Lot to an
owner, the maximum annual Common Assessment may be increased
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by the Board effective January 1 of each year not more than
the greater of (1) five percent (50, or (2) the percentage
by which the U.S. Bureau of Labor Statistics, Little Rock,
Arkansas Area, all items Consumer Price Index has increased
ae of the date of the increase over the level of said Index
as of the date the Common Assessment was last established,
above the maximum annual Common Assessment for the previous
year, without a vote of the membership.
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(b) From and after January 1 of the year immediately
following the conveyance of the first improved Lot to an
Owner, the maximum annual Common Assessment may be increased
above the greater of (1) five percent (5%), or (2) said
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percentage by which said Index has so increased, by the vote
or written assent of fifty-one percent (51%) of each class
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of Members.
(c) The Board of Directors may fix an annual Common
Assessment at an amount not in excess of the maximum.
Section 5. Capital improvements and Reconstruction
Assessments. In addition to the Common Assessments authorized
r
above, the Board of Directors of the Association may levy, in any
assessment year, a Capital Improvement Assessment or
Reconstruction Assessment applicable to that year only for the
purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a capital
Improvement or other such addition upon the Common Area,
including fixtures and personal property related thereto;
provided that any such assessment in excess of Two Thousand
Dollars ($2,000.00) shall have the vote or written assent of a
majority of the votes of Members who are subject to such
assessments, excluding therefrom the votes of Declarant if needed
to improve such assessment but counting the votes of Declarant if
cast against the imposition of such assessment.
Section 6. Uniform Rate of Assessment. Common Assessments,
Capital Improvement Assessments and Reconstruction Assessments
provided for in this Article VI must be fixed at a uniform rate
for all Lots within the Properties; provided, however, that the
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Association may, subject to the provisions of Section 3 of this
Article, levy Special Assessments against selected Owners who
have caused the Association to incur special expenses due to
willful or negligent acts of said Owners, their guests or agent.
j All Common Assessments shall be collected on a regular basis by
i
the Board of Directors, at such frequency as the Board shall
determine.
Section 7. Exem t Pro ert The following property subject
Lo Chis Declaration shall be exempt from the assessments herein:
(a) All Property dedicated to and accepted by a local
public authority if any part of the Property is subsequently
so dedicated) and
(b) The Common Area.
ARTICLE VII
crFECT OF NON-PAYMENT OF ASSESSMENTS•
REMEDIES OF THE ASSOCIATI
S c� tion i. Effect of Non -Payment of Assessments, Remedies
of the Association. Any installment of a Common Assessment,
Capital Improvement Assessment, Special Assessment or
Reconstruction Assessment not paid within thirty (30) days after
the due date shall bear interest from the due date of such
installment at the rate of six percent (6%) per annum. if any
installment of an assessment is not paid within thirty (30) days
after it is due, the Owner responsible therefor may be required
further by the Board of Directors to pay a late charge of Five
Dollars (55.00) or five percent (5a) of the amount of the
delinquent installment, whichever is greater. The Association
may bring an action at law against the owner personally obligated
to pay the same, or foreclose the lien against the Lot. No Owner
may waive or otherwise escape liability for the assessments
provided for 'herein by non-use of the Common Arua or abandonment
of his Lot. If any installment of a Common Assessment is not
paid within thirty (30) days after its due date, the Board may
mail an acceleration notice to the Owner and to each first
Mortgagee of a Lot which has requested a copy of the notice. The
notice shall specify (1) the fact that the installment is
-15-
delinquent, (2) the action required to cure the default, (3) a
date, not less than thirty (30) days from the date the notice is A
1
mailed to the owner, by which such default must be cured, and (4)
{ f that failure to cure the default on or before the date specified
r"d in the notice may result in acceleration of the balance of the
inetallments of the Common Assessment for the then current fiscal
year and sale of the Lot. The notice shall further inform the
owner of his right to cure after acceleration and to bring a
court action to assert the non-existence of a default or any
other defense of the Owner to acceleration and sale. If the
i
delinquent installments of Common Assessments and any charges
thereon are not paid in full on or before the date specified in
the notice, the Board at its option may declare all of the unpaid
balance of the annual Common Assessment to be immediately due and
payable without further demand and may enforce the collection of
the full Common Assessment and all charges thereon in any manner
f authorized by law and this Declaration.
1ection 2. Notice of Assessment. No action shall be
r
jbrought to enforce any assessment lien herein, unless at least
� thirty (30) days has expired following the date a Notice of Lien
is deposited in the United States mail, certified or registered,
postage prepaid, to the owner of the Lot, and a copy thereof has
been recorded by the Association in the office of the Recorder
for the County in which the Property is located; said Notice of
Assessment must recite a good and sufficient legal description of
any such Lot, the record Owner or reputed Owner thereof, the
amount claimed (which may at the Association's option include
interest on the unpaid assessment at six percent (6%), plus
reasonable attorneys' fees and expenses of collection in
connection with the debt secured by said lien), and the name and
address of the claimant. Such Notice of Lien shall be signed and
acknowledged by an officer of the Association. The lien shall
continue until fully paid or otherwise satisfied.
Section 3. roreclosure Sale. Any foreclosure action
provided for above may be conducted by the Board of Directors,
its attorneys or other persons authorized by the Board in the
-1G-
same manner as would be the foreclosure of a defaulted mortgage
under the laws of Arkansas, or in any other manner permitted by
4L law. The Association, through duly authorized agents, shall have
`l the power to bid on the Lot at foreclosure sale, and to credit
the amount of assessments due plus interest and costs and
expenses against its bid and shall have the power to acquire and
hold, lease, mortgage and convey the same.
Section 4. Curing of Default. Upon the timely curing of
any default for which a Notice of Lien was filed by the
Associatiun, the officers thereof shall record an appropriate
Release of Lien, upon payment by the defaulting Owner of a fee,
to be determined by the Association, and recording such release.
A certificate executed and acknowledged by any two (2) members of
the Board stating the indebtedness secured by the liens upon any
Lot created hereunder shall be conclusive upon the Association
and the owners as to the amount of such indebtedness as of the
date of the certificate, in favor of all persons who rely thereon
in goof faith. Such certificate shall be furnished to any owner
upon request at a reasonable fee, not to exceed Ten Dollars
($10.00).
Section 5. Cumulative Ramedies. The assessment liens and
.i-- the rights to foreclosure and sale thereunder shall be in
addition to and not in substitution for all other rights and
h
remedies which the Association and its assigns may have hereunder
and by law, including a suit to recover a money judgment for
unpaid assessments, as above provided.
Section 6. Subordination of the Lien to Mortgages. The
lien of the assessments provided for herein shall be subordinate
to the lien of any Mortgage made in good faith and for value and
recorded prior to the date on which the assessment came due.
Sale or transfer of any Lot pursuant to mortgage foreclosure or
deed in lieu thereof, shall extinguish the lien of such
assessments as to installments which became due prior to such
sale or transfer. However, no sale or transfer shall relieve
such Lot from liability for any installments of assessments
thereafter becoming due or from the lien thereof.
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ARTICLE VIII
ILAND USE AND BUILDING TYPE
Said land herein platted shall be held, owned and used only
as single family residential building sites except as otherwise
shown on said plat. No structures shall be erected, altered,
si
placed or permitted to remain on any residential building site
other than a single detached single-family dwelling, a private
garage for storage of passenger cars owned or used by residents
(storage or parking of trucks being prohibited), guesthouse,
servants' quarters, and other outbuildings incidental and related
to single family residential use of the premises.
ARTICLE IX
' ARCHITECTURAL CONTROL
No building or other structures shall be erected, placed or
altered on the Property until the building plans, specifications,
exterior color scheme and plot plan showing the location, minimum
principal dwelling size and facing of such building with respect
to existing topography, adjoining streets, and finished ground
elevations have been approved in writing by the Declarant or by
+ the Association. In the event the Declarant or the Association
i lans, specifications,
r—
fails to approve or disapprove any p
exterior color scheme, or plot plan submitted to it as herein
required within thirty days after such submission, this covenant
i
� 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 Declarant or the Association shall in any
way be deemed to prevent any of the owners of property in this
Addition from maintaining any legal action relating to
improvements within this Addition which they would otherwise be
entitled to maintain. There shall be no compensation to the
Declarant or the Association for the services to be performed
pursuant to this provision.
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ARTICLE• X
BUILDING LOCATION; SUBDIVISION PROHIBITED
�i
psction 1. Building Location. The Plat shows building
lines which enclose, with respect to each lot, the area within
r
Which improvements must be placed. Except for minor variances
permitted by Section 2 of Article XI, no building or other
structure shall be located, or permitted to reside, in whole or
in part, outside of the lines so shown without the advance
consent of Declarant or the Association and the Little Rock
Planning Commission.
Section 2. Subdivision Prohibited. No lot shall be
subdivided without written consent of the Declarant or the
Association and the Little Rock Planning Commission first had and
obtained.
ARTICLE XI
EASEMENTS; UTILITIES
Action 3. Utility, Drainage and Drive Easements.
Easements of way for private drives are shown on the Plat and the
i persons, firms or corporations engaged in supplying public
± utility services, the same being, without limiting the generality
t�
of the foregoing, electric power, gas, telephone, 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 drainage
have heretofore been reserved, said easements being of various
widths, reference being hereby made to the Plat for a more
specific description of 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 easement and the area
immediately adjoining such easement are prohibited which would
result in there being less than 30 inches of clearance either
vertically or horizontally between the surface grade and the
-19-
underground electric cables and conductors supplying electric
power and service, and as the electric distribution transformer
stations and service pedestals are located on surface grade,
fills within the area of the said easements and upon the lands
:he
thereto which will damage or which will interfere with
the installation, maintenance, operation and replacement of the
electric and telephone cables facilities and equipment, and the
supplying of service from such equipment are also prohibited. No
trees, incinerators, structures, buildings or similar
improvements shall be grown, built or maintained within the area
of such utility eaoements. No excavations within the area of
such easements for the erection of any fences (wood, wire, stone
or brick) or for any of the purposes shall be made which would
interfere with the installation, maintenance, repair and
replacement of any utility service. in the event any trees,
incinerators, structures, buildings, fences, pavement or similar
improvements shall be grown, built or maintained within the area
of suet easement, no utility will be liable for the destruction
of same in the installation, maintenance, repair or replacement
of any utility service located within the area of such easement.
section 2. General Easements. Reciprocal easements are
hereby reserved for the benefit of adjoining Lot owners for the
control, maintenance and repair of the utilities of adjoining Lot
Owners. Declarant expressly reserves for the benefit of all of
the rehl property in the Property, and the owners, reciprocal
easements of access, ingress and egress over all Lots, and over
the Common Area, for the use and enjoyment of the Lots in
accordance with this instrument, including without limitation,
for installation and repair of utility services, for drainage
over, across and upon adjacent Lots for water resulting from the
normal use of, adjoining Lots, for maintenance and repair of any
dwelling. Such easements may be used by Declarant, its
successors, purchasers and all owners, their guests, tenants and
invitees, residing on or temporarily visiting the Property, for
pedestrian walkways, vehicular access and such other purposes
reasonably necessary for the use and enjoyment of a Lot and the
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1
Common Area, No Owner of a Lot shall interfere with the
established drainage pattern over this Lot from adjoining or
other Lots. Each Owner of a Lot shall make adequate provision
for drainage in the event he changes the established drainage
Cover his Lot. For purposes of this instrument, "Established
Drainage" on any Lot is defined as the drainage pattern and
facilities in existence at the time that such Lot is conveyed to
a purchaser from Declarant. In the event that any Dwelling Unit
r encroaches upon the Common Area and facilities, as a result of
construction, reconstruction, repair, shifting, settlement or
i
movement of any portion of the Property, a valid easement for
encroachment and for the maintenance of the same shall exist so
f long as the encroachment exists. Declarant and the Lot owners of
each Lot on which there is constructed a Dwelling Unit along or
R adjacent to said Lot line shall have an casement appurtenant to
said Lot over the Lot line to and over the adjacent Lot, for the
purposes of accommodating any natural movement or settling of any
Dwelling Unit located an said Iot, any encroachment of any
Dwelling Unit due to minor engineering or construction variances,
` and any encroachment of eaves, roof overhangs and architectural
features as parts of the original construction of any Dwelling
Unit located on said Lot.
section 3. Utilities. 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 conductors of adequate capacity in a conduit
having a minimum inside diameter of two 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 utlilization equipment shall be iustalled or maintained
on any residential lot. All owners of lots shall dig and
backfili, in conformity with applicable code requirements and
other regulations, a ditch approximately four inches wide and
eighteen inches deep from the point of service to the point of
use for the installation of telephone service.
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ARTICLE XI
USE PROVISIONS I
3 section 1. Nuisances. No noxious or offensive activity
shall be carried on upon any Lot, nor shall anything be done
thereon which may be or may become an annoyance or nuisance to
the neighborhood. No trucks, commercial vehicles or inoperative
vehicles may be stored on the premises or parked on the premises
other than for making routine deliveries.
Section 2. Temporary structures. No trailer, basement,
tent, shack, garage, barn or other outbuilding, erected on a
building site covered by these covenants shall at any time be
used for human habitation, temporarily or permanently, nor shall
a
any structure of a temporary character be used for human
habitation.
section 3. Signs. No sign of any kind shall be displayed
to the public view on any building site, except one sign of not
more than five square feet advertising the property for sale or
rent. 4
section 4. oil and Mining aerations. No oil drilling, oil
development operations, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any of the
r� Property, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon any of the Property. No
derrick or other structure designed for use in boring for oil or
naturdl gas shall be erected, maintained or permitted upon any of
the Property.
Section S. Livestock and Poultry. No animals, livestock or
poultry of any kind shall be raised or kept on any building site
except that dogs, cats or other household pets may be kept,
provided that they are not kept or maintained for any commercial
purpose.
Section G. Access. 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.
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ARTICLE XII
MORTGAGEE•' PROTECTION CLAIISR
Notwithstanding any and all provisions hereof to the
contrary, in order to induce the Federal Home Loan Mortgage
Corporation ("FHLMC"), the Government National Mortgage
Association ("GNMA"), the Federal National Mortgage Association
("FNMA"), the Federal Housing Administration ("FHA") and the
Veteran's Administration ("VA") to participate in the financing
of the sale of Lots within the Property, by purchasing, insuring
or guaranteeing Mortgages encumbering Dwelling Units and Lots,
the following provisions are added hereto (and to the extent
these added provisions conflict with any other provisions of the
4
Declaration, these added provisions shall control):
(a) Each first Mortgagee of a Mortgage encumbering any
Lot, at his written request, is entitled to written
notification from the Association of any default by the
Mortgagor of such Lot in the performance of such Mortgagor's
Aligations under this Declaration, the Articles of
Incorporation of the Association or the By -Laws of the
Association, which default is not cured within thirty (30)
days after the Association learns of such default.
(b) Each Owner, including every first Mortgagee of a
Mortgage encumbering any Lot which obtains title to such Lot
pursuant to the remedies provided in such Mortgage, or by
fbreclosure of such Mortgage, or by deed (or assignment) in
lieu of foreclosure, shall be exempt from any "right of
first refusal."
(c) Each first Mortgagee of a Mortgage encumbering any
Lot which obtains title to such Lot pursuant to the remedies
provided in such Mortgage or by foreclosure of such
Mortgage, shall take title to such Lot free and clear of any
claims of unpaid assessments or charges against such Lot
which accrued prior to the acquisition of title to such Lot
by the Mortgagee.
(d) Unless at least seventy-five percent (75%) of
first Mortgagees (based upon one vote for each Mortgage
'3*D
owned), or owners (other than Declarant) have given their
prior written approval, neither the Association nor the
owners shall:
3
{ (1) by act or omission seek to abandon,
participation, alienate, subdivide, release,
C hypothecate, encumber, sell or transfer the Common Area
and the Improvements thereon which are owned by the
Association;
(The granting of easements for public utilities or
for other public purposes consistent with the intended
use of such property by the Association or the transfer
of the Common Area or Improvements to an unincorporated
association of the Owners in accordance with the
Articles of Incorporation of the Association shall not
be deemed a transfer within the meaning of this
4 '
clause.]
(2) change the method of determining the
'( obligations, assessments, dues or other charges which
may be levied against a Lot owner;
(3) by act or omission change, waiver or abandon
any scheme of regulations, or enforcement thereof,
pertaining to the architectural design of the exterior
appearance of the Dwelling Units, the exterior
f { maintenance of party walls or common fences and
S
i driveways, or the upkeep of lawns and plantings in the
Property;
(4) use hazard insurance proceeds for losses to
any Common Area property for other than the repair,
replacement or reconstruction of such Improvements; or
(5) amend this Declaration or the Articles of
Incorporation or By -Laws of the Association in such a
manner that the rights of any first Mortgagee will be
adversely affected.
(e) First Mortgagees shall have the right to examine
the books and records of the Association during normal
business hours.
-24-
(f) All first Mortgagees shall be given (1) thirty
(30) days written notice prior to the effective date of any
proposed, material amendment to this Declaration or the
Articles of Incorporation or By -Laws of the Association and
prior to the effective date of any termination of an
�J agreement for professional management of the Property
following a decision o the owners to assume self -management
of the Property; and (2) immediate notice following any
damage to the Common Area whenever the cost of
reconstruction exceeds Ten Thousand Dollars ($30,000.00),
and as soon as the Board learns of any threatened
condemnation proceeding or proposed acquisition of any
portion of the Property;
(g) First Mortgagees may, jointly or singly pay taxes
or other charges which are in default and which may or have
become a charge against any Common Area facilities and may
pay any overdue premiums on hazard insurance policies, or
secure new hazard insurance coverage on the lapse of a
i policy, for such property, first Mortgagees making such
payments shall be owed immediate reimbursement therefor from
the Association.
!_ In addition to the foregoing, the Board of Directors may
1 enter into such contracts or agreements on behalf of the
Association as are required in order to satisfy the guidelines of
!! the VA`, the FHA, the FHLMC, the FNMA or the GNMA or any similar
f
entity, so as to allow for the purchase, insurance or guaranty,
as the case may be, by such entities of first Mortgages
encumbering Lots with Dwelling Units thereon. Each owner hereby
' agrees that it will benefit the Association and the membership of
the Association, as a class of potential Mortgage borrowers and
potential sellers of their Dwelling Units if such agencies
approve the Property as a qualifying subdivision under their
respective policies, rules and regulations, as adopted from time
to time.
IK-M
ARTICLE XIII
ANNEXATION OF ADDITIONAL PROPERTY ►
Additional real property may be annexed to the real property
described hereinabove and such additional real property may
become subject to the Provisions of this instrument in the
following manner:
Section 1. Additkons by Declarant. if Declarant, its
successors or assigns, shall develop or caused to be developed,
additional real property ("Annexed Property") which is adjacent
or contiguous to the property described hereinabove, or would be
so adjacent and contiguous except for intervening streets, roads,
or easements, Declarant or its successors or assigns shall have
a
the right from time to time to add such Annexed Property to the
Property and bring such Annexed Property within the general plan
and scheme of this instrument without the approval of the
Association, its Hoard of Directors, or members; provided that
such right or Declarant and its successors and assigns shall
termite three years from the date of this instrument.
For so long as and provided the FHA or the VA are insuring
or guaranteeing loans on any portion of the Property, or have
agreed to insure or guarantee loans on any portion of the
Property, then a condition precedent to such annexation shall be
that the FHA or VA determine that the annexation is in accordance
with the general plan heretofore approved by them.
Section 2. Title to common Area. Prior to the conveyance
of any Lot within the Annexed Property to an individual purchaser
thereof, title to the Common Area, if any, within said Annexed
Property shall be conveyed to the Association, free and clear of
any and all encumbrances and liens, subject to reservations,
easements, covenants, conditions and restrictions then of record,
including those set forth in this instrument.
Section 3. Notice of Addition of Territory. Any addition
authorized or the preceding sections of this Article shall be
made by filing of record a Notice of Addition of Territory, or
other similar instrument, with respect to the Annexed Property,
which instrument shall be executed by Declarant, its successors
-26-
or assignR, and shall extend the general plan and scheme of this
instrument to such Annexed Property. The filing for record of
said Notice of Addition of Territory shall constitute and
Ki effectuate the annexation of the Annexed Property described
�{ therein, and thereupon said Annexed Property shall become and
}I constitute a part of the Property, and will become subject to
this instrument and the Provisions set forth herein and shall be
encompassed within the general plan and scheme of covenants,
conditions, restrictions, reservations of easements and equitable
servitudes contained herein, and become subject to the functions,
or powers and jurisdiction of the Aesociationp and the Owners of
Lots in said Annexed Property shall automatically become members
of the Association. Such Notice of Addition may contain such
additions and modifications of the Provisions as Declarant may
deem appropriate in the development of the Annexed Property, and
as are not inconsistent with the general plan and scheme of this
instrument. In no event, however, shall such Notice of Addition
revokA modify or add to the Provisions established by this
instrument as the same shall pertain to the real property
originally covered by this instrument. No addition of territory
shall substantially increase assessment or substantially increase
+� the burden upon the Common Area facilities.
R
ARTICLE XIV
RESTRICTION ON SALE OR LEASE
No Lot may be sold or leased by the owner thereof unless and
until the owner thereof (offeree) shall have received a bona fide
offer for the purchase or lease thereof in writing and shall have
given notice of such offer in writing to the Secretary of the
Association which notice shall be given by registered mail
addressed to -eaid Secretary at the mailing address where the
Association receives mail. Such notice shall contain the name or
names of the offeror and the price, terms and conditions of such
offer. It shall be the duty of said Secretary to promptly notify
each of the other Owners of Lots, by ordinary mail addressed to
such owners at their last known address, of the offer, and the
-27-
price, terms and conditions thereof. The owners of such other
I Lots shall have a prior right to purchase or lease the Lot for
which the offer was made at the same price and upon the same
terms land conditions as are contained in such offer. The prior
right of purchase or lease herein given shall expire at 5:00 p.m.
on the loth day, excluding the day of mailing, following the
mailing of the notice of each offer by the offeree to said
Secretary and the mailing of such notice by such offeree shall be
I
k deemed valid and effective whether or not the same in fact is
acutally delivered to said Secretary, or whether or not said
Secretary acutally dispatches notices of such offer to other
apartment owners or whether or not such other owners receive the
notice mailed by said Secretary. The right of purchase or lease
may be exercised by giving notice thereof and delivering the same
4 by mailing same by registered mail to the prospective seller at
his last known address. In the event that more than one other
owner shall give notice of exercise of the right of purchase or
lease � the owner first giving notice of exercise of same, as
determined by time of mailing, shall prevail and have the right
of purchase or lease; provided, however, that for so long as
Declarant remains owner of any of the Lots, Declarant will have
the prior right of purchase or lease herein provided for to the
exclusion of all other owners of Lots and Declarant's timely
exercise of the right of purchase or lease shall prevail over any
and altl other attempts to exercise said right. Upon the exercise
of the right of purchase or lease, the purchaser or lessee shall
thereupon be bound to proceed to consummate the purchase or lease
upon the same terms and in the same manner as would the original
offeror. If the owners of the other Lots shall fail to exercise
their prior right of purchase or lease in the manner set forth
above or shall waive such right of purchase or lease in writing,
the person to whom such offer was made may then proceed to convey
or lease to the original offeror, but should the offeree
thereafter fail to convey or lease the Lot to the original
offeror at the price and upon the terms and conditions of the
original offer, the provisions of this paragraph shall apply
-28-
respectively and with respect to, any and every new, different, e
or subsequent offer, without regard to time. Anything to the
contrary herein notwithstanding, the provisions of this Article
do not apply to sales or leases of apartments owned by Declarant
or o transfers to a Mortgagee (or sales or leases by a Mortgagee
who has obtained title) or to transfers as a result of, or in
t
lieu of, foreclosure proceedings. Neither do these provisions
apply transfer of title by devise or by descent and distribution
or by operation of law in the event title is held in joint
tenancy or tenancy by the entirety. These provisions do,
however, apply to inter vivos gift or any inter vivos transfer
for less than the full value of the apartment paid in money or
s
money's worth.
ARTICLE XV
GENERAL PROVISIONS
Section 1. Enforcement. In the event of any violation or
attemA to violate any of the covenants or restrictions herein
before the expiration date hereof (whether the original
expiration date or the expiration date of any extension thereof),
it shall be lawful for any owner of a Lot, or the Mortgagee of an
owner, or any utility company owning utility facilities in any
utility easement, to prosecute any proceedings at law or in
equity against a person or persons violating or attempting to
1 violatle such covenants or restrictions, either to prevent him or
them form so doing or to recover damages for such violations.
The remedy at law, in such event, is hereby agreed to be
inadequate and a suit in equity for an injunction to prevent
breach or violation of the Provisions is agreed to be a proper
remedy. Declarant, for itself and all future owners, declares
that it is not its intent to confer any right of action upon
owners of adjacent or nearby properties for breach of the
Provisions, same being for the benefit only of Owners and their
Mortgagees.
section 2. Severabilit Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no
-29-
244
way affect any other provisions which shr111 remain in full force
and effect.
Section 3. Interpretation. The provisions of this
Declaration shall be liberally construed to effectuate its
purpose of creating a uniform plan for the development of a
residential community and for the maintenance of the Common
lj Areas. The article and section headings have been inserted for
convenience only, and shall not be considered or referred to in
resolving questions of interpretation or construction. 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,
femini4ne and neuter.
Section 4. No Public Right or Dedication. Nothing
4 contained in this Declaration shall be deemed to be a gift or
! dedication of all or any part of the Property to the public, or
I
for any public use without limiting the generality of the
foregAng, the drives in the Property are private and not public.
Section S. No Mepresentations or warranties. No
representations or warranties of any kind, express or implied,
have been given or made by Declarant or its agents or employees
+� in connection with the Property or any portion of the Property,
or any Improvement thereon, its physical condition, zoning,
compliance with applicable laws, fitness for inL-ended use, or in
i
connection with the subdivision, sale, operation, maintenance,
cost of maintenance, taxes or regulation thereof as a planned
development, except as specifically and expressly set forth
herein.
Section 5. Notices. 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 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
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245
residence of such person if no address has been given to the
Association. Sueh address may be changed from time to time by
notice in writing to the Association.
AL
section 7. Constructive Notice and Acce tance. Every
person who owns, occupies or acquires any right, title, estate or
interest in or to any Lot or other portion of the Property does
1 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
r
thereof.
4
ser_Cion 8. Amendments. Any and all of the Provisions set
forth in this Bill of Assurance may be amended, modified,
extended, changed or cancelled in whole or in part by a written
instrument signed and acknowledged by the owner or owners of over
1 50 percent in area of all of the Lots shown in the Plat or of 50%
in arr4h of all Lots shown on the Plat and shown in the Plat of
any Annexed Property (as defined in Article ). The
fcovenants, restrictions and provisions of this instrument shall
i
be deemed covenants running with the land and shall remain in
full force and effect for the term set forth above unless and
f until amended or cancelled as authorized hereinbefore. Provided,
however, no amendment to this Bill of Assurance which closes,
altersr, relocates or in any manner affects any easement shall be
effective unless such amendment has been consented to by each
utility having facilities situated in such easement.
Anything to the contrary herein notwithstanding, until
fifteen (15) of the Lots shown in the Plat are sold and conveyed,
r
(and/or until the same proportion of Lots in any Annexed Property
have been sold), the Declarant shall have the right from time to
time, without the approval of the owners, or the Board, or the
Association to amend the provisions hereof, for the purpose of
facilitating the marketing of the Lots, in complying with the
requirements pertaining to the Property made by financial
institutions, title insurance companies and governmental
-31-
246
authorities and for any other reasonable purpose; provided that
no such amendment will reduce the size of a particular Lot or the
L
improvable area of that Lot without the consent of the Owner so
t
affected.
.� • ii
I IN WITNESS WHEREOF, the Grantor has hereunto affixed its
III corporate seal and caused these presents to be executed by its
duly authorized officers on the _ day of
1983.
WESTERN LITTLE ROCK CO.
7J'TG
LS`�Yl7l�'.li s'[t0YET1 By: '
Presfident
ACKNOWLEDGMENT
STATE OF ARKANSAS !
ec.
COUNTY OF PULASKI i
BE IT REMEMBERED, that on this day, before me, a Notary
Public duly commissioned, qualified and acting, within and for
the sXd county and state, appeared in person the within named
Floyd H. Fulkerson, to me personally well known, who stated that
he was the President of Western Little Rock Co., an Arkansas
corporation and was duly authorized in that capacity to execute
the foregoing instrument for and in the name and behalf of said
corporation; and further stated and acknowledged that he had so
1� eigned,•executed and delivered said foregoing instrument for the
consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto s t my hand and
official seal this c24,day of , 1983.
Z —
E NOT Y PUBLI
My Commission Expires:
Ej
:
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2806050812
W29/2006 01:55:91 PN
Filed & Recorded in
Official Records of
PAT 0' MEN
PULA5K1 COUNTY
EXTENSION OF BILL OF ASSUR 96 TY CLERK
TO CHELSEA SQUARE
A PLANNED UNIT DEVELOPMENT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, on September 29, 1983, a Bill of Assurance to Chelsea
Square was filed with the Pulaski County Circuit Clerk as Instrument No. 83-
50354; and
WHEREAS the real property encumbered by the Bill of Assurance in
Pulaski County, is described as:
Part of the SE1/4, SW1/4, Section 29. T-2-N, R-13-W, Pulaski
County, Arkansas being more particularly described as follows: 00000597
Beginning at the southeast comer of the SE114, SW1/4, Section 29,
T-2-N, R-13-W, Pulaski County, Arkansas; thence in a
Northwesterly direction along the centerline of Hinson Road along
the arc of a curve to the right having a radius of 603.09', said arc
having a chord of 413.34' on a bearing of N68 degrees 47' 33" W;
thence continue along said centerline N48 degrees 45' 01" W
75.00'; thence continue along said centerline along the arc along
the arc of a curve to the right having a radius of 711.4', said are
having a chord of 306.96' on a bearing of N36 degrees 17' 25" ;
thence continue along said centerline along the arc of a curve to
the right having a radius of 711.4', said arc having a chord of 10.87'
on a bearing of N23 degrees 23' 42" W; thence N80 degrees 40'
01 " E 625.09' to a point on the east line of the SE /4, SW 1 /4,
Section 29, T-2-N, R-13-W, thence 500 degrees 19' 50" E along the
east line of the said SE1/4, SW1/4 460.00' to the point of beginning
containing 4.62 acres more or less. Subject to a 40.0' wide
roadway easement for Hinson Road along the south and west side
thereof containing 0.72 acres more or less. The net area of this
description being 3.90 acres more or less.
WHEREAS, said Bill of Assurance provided in Article XV Section 8 for the
extension of the Bill of Assurance by written instrument signed and acknowledged
�`u,►{f 47 t 11 u►I►l►4
se" Of CIR Z/. l's
by the owner(s) of the lots shown in the plat; and, ��
1
•.
WHEREAS, one hundred percent (100%) of said owners are desirous of
extending the effective term of said Bill of Assurance to reflect the needs of the
community;
NOW, THEREFORE, the term of the Bill of Assurance referenced herein
is hereby extended and shall remain in full force and effect until January 1, 2023.
IN WITNESS WHEREOF, the undersigned property owners, representing
one hundred percent (100%) of all the lots in the subdivision have caused their
names and addresses to be affixed hereto.
Name (printedl Signature Address _LotNo.
Gloria Futrell �—
_IHinson Rd.
)0000598
Ma ie Brien �4 �dc
,12
13
Bill/Connie Thornton
n Hearnsbemer Y
ACKNOWLEDGMENT
I, Matt Carter, the proponent of this extension to the Bill of Assurance,
state on oath that there are twenty (20) lots in said subdivision and that the
signatures above are genuine and that the signers of this instrument are all
owners of the lots set out by their names and that the total number of signatures
00000599
represent one hundred percent (100%) of all the lots shown on the plat.
AARTER
STATE OF ARKANSAS)
COUNTY OF PULASKI)
On this day, personally appeared before me Matt Carter, known to me to
be the person whose name is subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein contained.
WITNESS my hand and official seal this214i day of yv-e- 2006.
My Commission Expires:
NOTARY BLIC
& DAV't ' tF,kS VECLL
NOTARY PALIC - STATE C' ARKANSAS
PULASKI COUNTY
My Commission Expires iMarch 24, 2015