Loading...
HomeMy WebLinkAboutS-0813-G ApplicationBILL OF 2008042591 Received: 61231200,8 9:44:10 AM Recorded: 06123J2008 09:48:01 AM Filed & Recorded in Dfricial Records Of PAT O'BRIEi ASSURAWPU ASKI COUNTY Fees $60.00 C+RculrIceeJnrrr ci ERIs SPPRINGTREE VILLAGE SUBDIVISION, PHASE 3 LITTLE ROCK, AR ANSAS KNOW ALL MEN BY TBESE PRESENT'S: ,��ylltilk l if il11110 °tHE crR�G•4f (. f ► e 4. '1�- WHEREAS, Michael R & Associat Smith f'`'''►►.' 0COUN r. '' :•,,•'`, es, Inc, hereinafter called`{��ll.%��er", is the owner of lands lying in Little Rock, Pulaski County, State of Arkansas I ows. 4-- d escribed as ,�Z-oogo4 �59�, PART OF TIM SE /a SW % SECTION 12, T -I-S, R-13-W, LITTLE ROCK, PULASKI COUNTY ARKANSAS, MORE PAR'nCULARLY DESCRIBED AS FOLLOWS; BEGTNNIN(.7 AT D SE CORNS; R OF LOT 22 MEADOW SUBDIVISION LITTLE ROCK, PULASKII BLOCK 6 DEER ARKANSAS.; 'THENCE N 25017' 17" COUNTY, NCE N 62044,111 " W 15.59'; TRENCE N 27037 1517E 5q 00' • TI N 64020"43" W 49.941; THENCE N 21050'45" E 111.18% 7NCE S 88021' 16" E 372.421; THENCE S 01036'43" W 121.19' • TFENCE N 89 48' 08" E 101.14% THENCE S 23"43'23" W 390.8$'; THENCE N 62041' I 8" W 421.91' TO TITS POINT OF BEGINNING CONTAINING 3.89 ACRES MORE OR LESS. WBEREAS, it is deemed desirable that the above described pro be subdivided into building lots and streets, as shown on the plat filed he per' now Particularlydesignated herewith � more gnated hereinafter, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the va lue of said property, NOW, THEREFORE, for and in consideration of the benefits to accrue to Mich R. Smith & Associates, Inc., which benefits it acknowledges to be of value Michael be made a plat filed herewith showing surveys made b James ' has caused to Y A •>�b�'y., Registered Surveyor, and executed by him 2008, executed by Michael R. Smith an bearing a certificate of approval executed by the Little Rock PlanningCo d Plat showing the bounds and dimensions of the rope Commission sand and streets, described by lots and streets as shown thereon.� now being subdivided into lots Allotter hereby donates and dedicates to the public and easement of way on and over such of the real property owned by it designated as streets on said plat to be used b the public as public streets. In addition to the said streets, there are shown on said plat 1 certain easements for pat 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 pp yahereby tented to the persons, firms or corporations engaged in the supplying ' ng of such utilities, to use and occupy such easements, and to have free ingress and egress there for the installation, maintenance, repair and replacement of such utility services. The filing of this Bill of Assurance and Plat for Record in the office of the Circuit Clerk and Ex -Official Recorder of Pulaski County shall be valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The lands embraced in said plat shall be forever known as: Springtree Village Subdivision, Phase 3, Little Rock, Arkansas, and any and every deed of conveyance o any lot in said subdivision describing the same by the number or numbers Showny f plat shall always be deemed a sufficient description thereof. on said Said lands herein platted and any interest therein shall be held, owned and conveyed, subject to and in conformity with the following covenants which, subject to being amended or canceled as hereinafter provided, shall be and remain in full force an effect until June 1, 2028, and thereafter for successive d terminated or canceled as herein provided. periods °f ten years each, unless DEFINITION OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. The word "lot" shall mean lot as platted, but excluding the tracts designated as Reserved. A "corner lot" shall be deemed to be any lot platted having more than one street contiguous to it. RESTRICTIONS 1. Use I Land. None of the lots may be improved, used or occupied for other than private residence purposes, and no duplex, flat, apartment or condominium, although intended for residence Purposes, may be erected or maintained thereon. The tract of land designated on the plat of springtree Village Subdivision, Phase 3, shall be used in accordance with regulations of the City of Little Rock, Arkansas. 2. Architectural Committee. No building or other structure shall be erected, placed or altered on any lot or tract designated as Reserved in this subdivision until the building plans and specifications therefore, exterior color scheme and materials thereof and plot plan, which plot plans show the location and facing of such building, have been approved in writing by a majority of an architectural committee composed of Michael R. Smith & Associates, Inc., or their duly authorized representatives, representative or successors. In the event of the death or resignation of any member or members of the above -named committee, the remaining member or members shall have full authority to approve to disapprove such plans, specifications, color scheme materials and 1 to designate a representative or representatives with like authorityto pot plan, or vacancies created by the death or resignation of anof fill any vacancy or newly appointed members or member, shall h y the aforesaid members, and said have the same authority hereunder as their Predecessors as above set forth. In the event the architectural committee fails to ap rave or disapprove any such plans, specifications, color scheme, materials and lot p submitted to it as herein required within thirty (30) days after such ub p plans s and or in the event no suit to enjoin the erection of such building or the making of such alterations has been commended prior to the completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The architectural committee shall not be liable for any approval given hereunder and any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of Assurance. Nothing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining any legal action relating to the improvements within this subdivision which they would otherwise be entitled to maintain. 3. Height and a of Reside©ce. No residence shall be erected, altered, placed or permitted to remain on any lot numbered in Springt ree Village Subdivision, Phase 2, Little Rock, Arkansas other than one detached single-family residence not to exceed two and one-half stories in height or a split-level residence and a private garage. 4. Subdivision of Lots. No lot shall be re -subdivided such that the result of said subdivision decreases the area of said lot by more than ten percent (10%) without the Prior written approval of the Architectural Committee; provided, however, lots may be Split to increase the size of adjacent lots. I. Setback Re uirements. No residence shall be located on any lot nearer to the front lot line or nearer to the said street line than the minimum building setback lines shown on the recorded plat. Side setbacks shall 10% of lot width, but no more than 8 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 will not be considered as a part of the building. 6. Area. No dwelling shall be constructed or permitted to remain upon any lot in this subdivision which has a finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling less than 1,200 square feet, except as provided hereinafter: (a) Two Level's : If a dwelling has finished heated living area on a different level, and the finished floor levels of such areas are separated by more than eight feet measured vertically, then such dwelling shall have at least 1,000 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling, and shall have at least a total of 1,500 square feet of finished heated living area. 7. Commercial Structures. No building or structure of any sort 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 structures 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 service to the Springtree Village Subdivision, Phase 3, Little Rock, Arkansas. 8. Outbuildings Prohibited. No outbuilding or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Committee. 9. 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 may be kept, provided they are not kept, bred or maintained for commercial purposes. 10. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall 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. No vehicle may be stored or allowed to be parked on any lot unless said vehicle is in evident good operative condition. 11. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures or signs on any lots is specifically prohibited except that billboards, advertising boards, structures, or signs used by the Allotter advertising the sale or rental of such property during the construction and sales period are permitted provided they do not exceed 5 square feet in size or signs approved by the Architectural Committee displaying the name of a residential complex, commercial establishments, parking instructions or regulations relating to the use of recreation facilities. 12. Uil_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. 13. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 14. Existing Structure. No existing erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 15. Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants' quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporary or permanently, nor shall any structure of a temporary character be used for human habitation. 16. Easements for Public Utilities. 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. In the event any trees, shrubbery, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easements, no person, firm or corporation engaged in supplying public utility services shall be liable for this destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 17. Fences and Mail Boxes. 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 evergreens or other shrubbery to landscape front yards. All fences shall be of wood, masonry, or wrought iron construction and their design shall be approved by the Architectural Committee. Mail boxes, so long as they are located at the street, shall be constructed in conformance with design criteria adopted by the Architectural Committee. Moreover, no automobile, truck, trailer, boat, tent or temporary structure of any nature whatsoever, shall ever be parked, located, or otherwise maintained on any lot unless the Architectural Committee has approved said parking, location or maintenance together with any restrictions the Architectural Committee deems appropriate, provided that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles or trucks one-half ton or smaller in size on any portion of the garage driveway. 18. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty (30) inches above roadways 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 fifty (50) feet from the intersection of the street line, or in the case of a rounded property comer, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points fifty (50) feet from their intersection. The foliage line of any tree located within such distances of such intersections must be maintained at a height of not less than eight (8) feet from the adjacent roadway to prevent obstruction of such sight lines. 19. ProaeM Lines and Boundaries. Iron pins have been set on all lot corners and points of survey and all lot dimensions shown on curves and 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 and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 20. Rip -lit 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 taken to hold, agree and covenant with the owner of the lots hereby 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 restrictions 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 of title to said land, and Michael R. Smith & Associates, Inc., 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 Michael R. Smith & Associates, Inc., its successors and assigns, or any owner or owners of any lot or lots in this subdivision to enforce any of the restrictions herein set forth at the time of its violation shall, in no event to be deemed to be a waiver of the right to do so thereafter. Michael R. Smith & Associates, Inc., by appropriate agreement made expressly for that purpose, assign or convey to any person or corporation all of the rights, reservations and privileges herein reserved by it, and upon such assignment or conveyance being made, its assigns or grantees may at their option exercise, transfer or assign these rights or any one or more of them at any time or times in the same way or manner as though directly reserved by them or it in this instrument. 21. Modification of Restriction, other than for amendments covered under paragraph four of this document, any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled in whole or in part, by a written instrument signed and acknowledged by the owner or owners of more than eighty percent (80%) in area of the land in this subdivision, and the provisions of such instrument so executed shall be approved by the Little Rock Planning Commission and shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. 'These covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as hereinabove and upon the expiration thereof on June 1, 2028, shall automatically be continued thereafter for successive periods of ten (10) years each, unless terminated or canceled as herein provided. 22. Se arabili . 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 therein, but they shall remain in full force and effect. WITNESS our hand and seals this - 1 ! day of .,T/J �jL 2008. Michael R. Smith Michael R. Smith k. Acenr•;ntaa T— F`eviewed only for indu$bn of minimum stag M* gciired by the City of Crate Flock subdivision regulation,. Bill of Assurance provisions established by the developer may oxceGd minimum regulations of the Little Rock subdivision and zoning ardinanres. C' f Lhe Rack Plannirrg Commission ACK NOWL EDGMENT STATE OF ARKANSAS) COUNTY OF GRANT) On this --//—_ day of T11 Al C' 2008 before me, a Notary Public, duly commissioned, qualified and acting within and for the said County and State, appeared in person the within named Michael R. Smith, to me personally well know, who stated that he was the legal agent of Michael R. Smith & Associates, Inc. and was duly authorized in his respective capacity to execute the foregoing Bill of Assurance for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said Bill of Assurance for the consideration, uses and Purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this —, — day of � V AI , 2008. riOFFICIAL SEAL° Rachel S. Menzies N arary Public, Scats of Arkansas County of Grant My CommiasEciI FXp. 05ta=o10 My /Omfi�ss/ion Expires N—P4otary Public Page 1 of 1 Pat O'Brien Circuit County Clerk and Registrar 401 West Markham, Suite 216 Little Rock, Arkansas 72201 (501) 340-8433 Information () MICHAEL R SMITH & ASSOCIATES 1429 MERRILL DR LITTLE ROCK, AR 72211 CHECK 2712 Search Items 0 Miscellaneous Items Pulaski County Transaction #: 35423 Receipt #: 34536 Cashier Date: 6/23/2008 9:48:13 AM (CMCDANIEL) Transaction Information Date 6/23/2008 Received: Source OVER THE 'Code:COUNTER Return OVER THE Code:COUNTER Trans Recording Type: Total Docs 2 Received: I IIIIII IIIII IIIII Ilill Ilill IIII IIII Print Date: 6/23/2008 9:48:14 AM Payment Summary Total Fees Total Payments $75.00 $75.00 $75.00 .0,, 6/23/2008 Jaynes, Donna From: Jim Boyd oim.bayd C-_Irwu.comj Sent: Wednesday, Ju ne 1 -i , 2008 10:22 AM To: James, Donna Subject: RE: Spring Tree Village Phase 3 They have installed sewer - been tested and they are making necessary repairs - I have all the final paperwork in hand - they just need to get the repairs made and we will allow them to connect Probably end of next week if they do what they should James Boyd, P.E. Engineering Supervisor Little Rock Wastewater Utility Office 688-1414 Mobile 352-0390 email im.ba d Irwu.com -----Original Message ---- From: James, Donna LrnaiItn: pJam-5littlerock,oral Sent: Wednesday, Ju ne 'f 1 , 2008 10:19 AM �W To: Jim Boyd Subject: Spring Tree Village Phase 3 Where are we on sewer on this one? Pat has the final plat in for signature and you indicate on your sign -off sewer is not available. Page 1 of 1 James, Donna From: Jim Boyd Dim.boyd@lrwu.com] Sent: Friday, June 20, 2008 11:58 AM To: James, Donna Subject: Springtree Subdivision Phase III Donna, this phase of Springtree sewer system has been completed and the sewer mains are accepted by LRW. If you have any questions let me know. James Boyd, P.E. Engineering Supervisor Little Rock Wastewater Utility Office 688-1414 Mobile 352-0390 email jim.boyd@lrwu.com 6/20/2008 Page 1 of 1 Pat O'Brien Circuit County Clerk and Registrar 401 West Markham, Suite 216 Little Rock, Arkansas 72201 (501)340-8433 Pulaski County Transaction #: 35423 Receipt #: 34536 Cashier Date: 6/23/2008 9:48:13 AM (CMCDANIEL) I Bill! IIIII iIIII iiiii IIill IIII IilI Print Date: 6/23/2008 9:48:14 AM Custamer,Infanmation Transaction Information Payment Summary Date 6/23/2008 Received: Source OVER THE 'Code:COLTNTERReturn O MICHAEL R SMITH &ASSOCIATES OVER THE Total Fees $75.00 1429 MERRILL DR Code:COUNTER Total Payments $75.00 LITTLE ROCK, AR 72211 Trans Recording Type: Total Does 2 Received: 1 Payments $75.00 CHECK 2712 0 Search Items 0 Miscellaneous Items file://C:\Proeram%20Files\RecordingModule\default.htm 6/23/2008 200804-2591 Received: 6/23/2008 9:44:10 AM Recorded: 061;23/2008 09:48:01 AM Filed & Recorded in Official Records oif PAT O'BRIEN, BILL OF ASSU`RANC1HYuLASKI COUNTY CIRCUIT/C0UNTY CLERK Fees $60.00 SPRINGTREE VILLAGE SUBDIVISION, PHASE 3 LITTLE ROCK, ARKANSAS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Michael R. Smith & Associates, Inc, hereinafter the owner of lands lying in Little Rock, Pulaski County, State of Arkansas, described as llows: � PART OF THE SE 1/4, SW 1/4 SECTION 12, T-1-S, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF LOT 22 BLOCK 6 DEER MEADOW SUBDIVISION LITTLE ROCK, PULASKI COUNTY, ARKANSAS; THENCE N 25117' 17" E 132.17'; THENCE N 62044' 11" W 15.59'; THENCE N 27°37' I5" E 50.00'; THENCE N 64020"43" W 49.94'; THENCE N 21 °50'45" E 111.18'; THENCE s 8802l' 16" E 372.421; ONCE S 01°36'43" W 121.19'; THENCE N 89 48' 08" E 101.14'; ONCE s 23043'23" W 390.88'; THENCE N 62041' 18" W 421.91' TO THE POINT OF BEGINNING CONTAINING 3.89 ACRES MORE OR LESS. WHEREAS, it is deemed desirable that the above described property be now subdivided into building lots and streets, as shown on the plat filed herewith as more particularly designated hereinafter, 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, for and in consideration of the benefits to accrue to Michael R. Smith & Associates, Inc., which benefits it acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by James A .Rasburry., Registered Surveyor, and executed by him ,2008, executed by Michael R. Smith and bearing a certificate of approval executed by the Little Rock Planning Commission said plat showing the bounds and dimensions of the property now being subdivided into lots and streets, described by lots and streets as shown thereon. Allotter hereby donates and dedicates to the public and easement of way on and over such of the real property owned by it designated as streets on said plat to be used by the public as public streets. In addition to the said streets, there are shown on said plat certain 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 there for the installation, maintenance, repair and replacement of such utility services. The filing of this Bill of Assurance and Plat for Record in the office of the Circuit Clerk and Ex -Official Recorder of Pulaski County shall be valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The lands embraced in said plat shall be forever known as: Springtree Village Subdivision, Phase 3, Little Rock, Arkansas, and any and every deed of conveyance of any lot in said subdivision describing the same by the number or numbers shown on said plat shall always be deemed a sufficient description thereof. Said lands herein platted and any interest therein shall be held, owned and conveyed, subject to and in conformity with the following covenants which, subject to being amended or canceled as hereinafter provided, shall be and remain in full force and effect until June 1, 2028, and thereafter for successive periods of ten years each, unless terminated or canceled as herein provided. DEFINITION OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. The word "lot" shall mean lot as platted, but excluding the tracts designated as Reserved. A "corner lot" shall be deemed to be any lot platted having more than one street contiguous to it. RESTRICTIONS 1. Use of Land. None of the lots may be improved, used or occupied for other than private residence purposes, and no duplex, flat, apartment or condominium, although intended for residence purposes, may be erected or maintained thereon. The tract of land designated on the plat of Springtree Village Subdivision, Phase 3, shall be used in accordance with regulations of the City of Little Rock, Arkansas. 2. Architectural Committee. No building or other structure shall be erected, placed or altered on any lot or tract designated as Reserved in this subdivision until the building plans and specifications therefore, exterior color scheme and materials thereof, and plot plan, which plot plans show the location and facing of such building, have been approved in writing by a majority of an architectural committee composed of Michael R. Smith & Associates, Inc., or their duly authorized representatives, representative or successors. In the event of the death or resignation of any member or members of the above -named committee, the remaining member or members shall have full authority to approve to disapprove such plans, specifications, color scheme materials and plot plan, or to designate a representative or representatives with like authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed members or member, shall have the same authority hereunder as their predecessors as above set forth. In the event the architectural committee fails to approve or disapprove any such plans, specifications, color scheme, materials and plot plans submitted to it as herein required within thirty (30) days after such submission or in the event no suit to enjoin the erection of such building or the making of such alterations has been commended prior to the completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The architectural committee shall not be liable for any approval given hereunder and any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of Assurance. Nothing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining any legal action relating to the improvements within this subdivision which they would otherwise be entitled to maintain. 3. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot numbered in Springtree Village Subdivision, Phase 2, Little Rock, Arkansas other than one detached single-family residence not to exceed two and one-half stories in height or a split-level residence and a private garage. 4. Subdivision of Lots. No lot shall be re -subdivided such that the result of said subdivision decreases the area of said lot by more than ten percent (10%) without the prior written approval of the Architectural Committee; provided, however, lots may be split to increase the size of adjacent lots. 5. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or nearer to the said street line than the minimum building setback lines shown on the recorded plat. Side setbacks shall 10% of lot width, but no more than 8 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 will not be considered as a part of the building. 6. Area. No dwelling shall be constructed or permitted to remain upon any lot in this subdivision which has a finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling less than 1,200 square feet, except as provided hereinafter: (a) Two Levels , If a dwelling has finished heated living area on a different level, and the finished floor levels of such areas are separated by more than eight feet measured vertically, then such dwelling shall have at least 1,000 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling, and shall have at least a total of 1,500 square feet of finished heated living area. 7. Commercial Structures. No building or structure of any sort 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 structures 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 service to the Springtree Village Subdivision, Phase 3, Little Rock, Arkansas. 8. Outbuildings Prohibited. No outbuilding or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Committee. 9. 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 may be kept, provided they are not kept, bred or maintained for commercial purposes. 10. Noxious Act! 1. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall 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. No vehicle may be stored or allowed to be parked on any lot unless said vehicle is in evident good operative condition. 11. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures or signs on any lots is specifically prohibited except that billboards, advertising boards, structures, or signs used by the Allotter advertising the sale or rental of such properly during the construction and sales period are permitted provided they do not exceed 5 square feet in size or signs approved by the Architectural Committee displaying the name of a residential complex, commercial establishments, parking instructions or regulations relating to the use of recreation facilities. 12. 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. 13. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 14. Existing Structure. No existing erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 15. Temiporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants' quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporary or permanently, nor shall any structure of a temporary character be used for human habitation. 16. Easements for Public Utilities. 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. In the event any trees, shl ubbery, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easements, no person, firm or corporation engaged in supplying public utility services shall be liable for this destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 17. Fences and Mail Boxes. 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 evergreens or other shrubbery to landscape front yards. All fences shall be of wood, masonry, or wrought iron construction and their design shall be approved by the Architectural Committee. Mail boxes, so long as they are located at the street, shall be constructed in conformance with design criteria adopted by the Architectural Committee. Moreover, no automobile, truck, trailer, boat, tent or temporary structure of any nature whatsoever, shall ever be parked, located, or otherwise maintained on any lot unless the Architectural Committee has approved said parking, location or maintenance together with any restrictions the Architectural Committee deems appropriate, provided that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles or trucks one-half ton or smaller in size on any portion of the garage driveway. 18. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty (30) inches above roadways 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 fifty (50) feet from the intersection of the street line, or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points fifty (50) feet from their intersection. The foliage line of any tree located within such distances of such intersections must be maintained at a height of not less than eight (8) feet from the adjacent roadway to prevent obstruction of such sight lines. 19. ProlRerty Lines and Boundaries. Iron pins have been set on all lot comers and points of survey and all lot dimensions shown on curves and 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 and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 20. 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 taken to hold, agree and covenant with the owner of the lots hereby 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 restrictions 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 of title to said land, and Michael R. Smith & Associates, Inc., 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 Michael R. Smith & Associates, Inc., its successors and assigns, or any owner or owners of any lot or lots in this subdivision to enforce any of the restrictions herein set forth at the time of its violation shall, in no event to be deemed to be a waiver of the right to do so thereafter. Michael R. Smith & Associates, Inc., by appropriate agreement made expressly for that purpose, assign or convey to any person or corporation all of the rights, reservations and privileges herein reserved by it, and upon such assignment or conveyance being made, its assigns or grantees may at their option exercise, transfer or assign these rights or any one or more of them at any time or times in the same way or manner as though directly reserved by them or it in this instrument. 21. Modification of Restriction. Other than for amendments covered under paragraph four of this document, any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled in whole or in part, by a written instrument signed and acknowledged by the owner or owners of more than eighty percent (80%) in area of the land in this subdivision, and the provisions of such instrument so executed shall be approved by the Little Rock Planning Commission and shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. These covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as hereinabove and upon the expiration thereof on June 1, 2028, shall automatically be continued thereafter for successive periods of ten (10) years each, unless terminated or canceled as herein provided. 22. 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 therein, but they shall remain in full force and effect. WITNESS our hand and seals this _ day of J- VG�� , 2008. Michael R. Smith Michael R. Smith & Associates, Inc. f eviewed only for inclusion of minimum 91646W Wed by the City of little Rock sul5division reguiatioft. Bill of Assurance provisions established by to developer may oxcood minimum regulations of the Little Rode subdivision and zoning ordinances. L(L�� � ( I I U Ci l Little Rode Planning Commission ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF GRANT) On this day of III /V 2008 before me, a Notary Public, duly commissioned, qualified and acting within and for the said County and State, appeared in person the within named Michael R. Smith, to me personally well know, who stated that he was the legal agent of Michael R. Smith & Associates, Inc. and was duly authorized in his respective capacity to execute the foregoing Bill of Assurance for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said Bill of Assurance for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _ day of -J"'V V F 2008. ,- °OFFICIAL SEAL" Rachel & Menzies Notary Public, State of Arkansas County of Grant My Commission Exp. 03/22/2010 My ommission Expires Notary Public