The URL can be used to link to this page

Home My WebLink AboutS-1074-H ApplicationCity of Little Rock,Ark. 0308 Filing F es Date:,20-P� Annexation $ Bd.of Adjustment $ Cord. Use Permit. - Final plat ' $ /9 % c� Planned Unit Dee. $ Preliminary Plat $ Special Use Permit $ xszor> i ng a D� Site Plans TI. MR-0-4 2001 Right of way abandonment CIW10� LITI121111 �E� Street name change YV J)JNG GM Street name signs Number at ea. $ . Total $ / 3 7.G� File no. 5-'/07 - �r Location 1. ��^✓�-�'j� eT Appl i nt By a -Y---- 2001024300 04/04/2001 04:04:29 PM Filed & Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $66.BB THIS INSTRUMENT PREPARED BY: HAL JOSEPH KEMP, P.A. KEMP, DUCKETT, SPRADLEY, CURRY & ARNOLD ATTORNEYS AT LAW 111 CENTER STREET, SUITE 1300 LITTLE ROCK, AR 72201 (501)372-7243 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (LOTS 1,2, 3 AND 4, BLOCK 1, CHEVAUX COURT, PHASE 2-A, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, PIEDMONT CORPORATION, an Arkansas corporation, hereinafter referred to as the "Allottor", is the owner of the following described land in the County of Pulaski, State of Arkansas, to -wit: Part of Tract B, Glenn Johnson Ranch Subdivision, located within the SE V4, Section 14, Township 2 North, Range 14 West, Pulaski County, Arkansas more particularly described as: BEGINNING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 1, F�■as,��.ae+ CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE �,,�•'� N E C� ROCK, ARKANSAS; THENCE NORTHWESTERLY ALONG THER ��#R;;., -1- FINAL c hjk\rea1ty\piedm[ba.03/12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE NORTH RIGHT -OF WAY LINE OF CHEVAUX CIRCLE BEING THE ARC OF A 97.50 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N38049'30"W, 88.16 FT.; THENCE N65042' 13"W AND CONTINUING ALONG SAID NORTH RIGHT-OF- WAY LINE, 160.74 FT.; THENCE NORTHWESTERLY AND CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE BEING THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N27034'59"W, 30.87 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF CHEVAUX COURT; THENCE NORTHEASTERLY ALONG SAID EAST RIGHT- OF-WAY LINE BEING THE ARC OF A 527.96 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N15033'45"E, 92.48 FT.; THENCE N20°35' 14"E AND CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE OF ARKANSAS STATE HWY. # 10; THENCE S65°42' 13"E ALONG SAID SOUTH RIGHT-OF- WAY LINE, 204.93 FT.; THENCE S58008'28"E AND CONTINING ALONG SAID SOUTH RIGHT-OF-WAYLINE, 230.51 FT. TO A POINT ON THE WEST LINE OF TRACT B, SAID CHEVAUX COURT ADDITION; THENCE SOUTHWESTERLY ALONG SAID WEST LINE BEING THE ARC OF A 561.06 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S36035' 18"W, 42.14 FT. TO THE NORTHEAST CORNER OF SAID LOT 5, BLOCK 1; THENCE S79032'23"W ALONG THE NORTH LINE OF SAID LOT 5, 176.90 FT. TO THE POINT OF BEGINNING; LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY TO -WIT: COMMENCING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 1, CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE NORTHWESTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF CHEVAUX CIRCLE BEING THE ARC OF A 97.50 FOOT RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N28023'55" WEST 55.22 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY AND CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, BEING THE ARC OF A 97.50 FOOT RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N55°16'38" West, 35.29 FEET; THENCE N65°42' 13" WEST AND CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, 99.98 FEET; THENCE N24017'47" EAST, 132.50 FEET TO A POINT ON THE SOUTH -.1A- FINAL hj k\real ty\p i ed mtha. doc03 /12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY 410; THENCE S65042'13" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 104.41 FEET; THENCE S58°08'28" EAST AND CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, 79.86 FEET; THENCE S45°08'42" West, 137.37 FEET TO THE POINT OF BEGINNING OF THE EXCEPTED PROPERTY. AND WHEREAS, David H. Pickering and Mary L. Pickering, his wife, (hereinafter collectively referred to as the "Builder") are the owners of the following described land in the County of Pulaski, State of Arkansas, to -wit: Part of Tract B, Glenn Johnson Ranch Subdivision, located within the SE 1/a, Section 14, Township 2 North, Range 14 West, Pulaski County, Arkansas more particularly described as: BEGINNING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 1, CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE NORTHWESTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF CHEVAUX CIRCLE BEING THE ARC OF A 97.50 FOOT RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N28023'55" WEST 55.22 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY AND CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, BEING THE ARC OF A 97.50 FOOT RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N55°16'38" West, 35.29 FEET; THENCE N65°42' 13" WEST AND CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, 99.98 FEET; THENCE N24017'47" EAST, 132.50 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY #10; THENCE S65042' 13" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 104.41 FEET; THENCE S58°08'28" EAST AND CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, 79.86 FEET; THENCE S45008'42" West, 137.37 FEET TO THE POINT OF BEGINNING. - 1S - FINAL hj k\realty\piedmtba.doc03/12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE AND WHEREAS, it is desirable that all of the above described property be platted into lots and streets. NOW, THEREFORE, WITNESSETH: That the said Allottor and Builder, for and in consideration of the benefits to accrue to it, and its successors and assigns, which benefits it acknowledges to be of value, has caused said tract of land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Paul M. White, a Professional Land Surveyor, License Number 1281, and Timothy E. Daters, a Professional Engineer, License Number 5033, said plat bearing the signature of the said Surveyor and Engineer and being of record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat (T - L44 and the Allottor and Builder do hereby make this Declaration of Restrictive Covenants and Bill of Assurance. IN FURTHERANCE THEREOF, Allottor and Builder warrant and represent that they have laid off, platted and subdivided, and do hereby lay off, plat and subdivide the lands herein described, in accordance with the aforesaid plat. The lands embraced in said plat shall be forever known as: Lots 1, 2, 3 and 4, Block 1, Chevaux Court, Phase 2-A, an Addition to the City of Little Rock, Pulaski County, Arkansas; and any and every deed of conveyance of any lot in said Subdivision describing the same by the lot and block number shown on said Plat shall always be deemed a sufficient description thereof. The words "Lot" or "Lots" when used herein shall mean and be a lot platted hereby. The Allottor hereby dedicates to the public forever an easement of way on and over the street rights -of -way as shown by said Plat, to be used as public streets. -2- FINAL lij k\realty\piedmtba.03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE In addition to said street rights -of -way there are strips of ground shown and dimensioned on said Plat marked "Utility Easement" and "Drainage Easement", which Allottor hereby donates and reserves for the use of and by public utilities, and for drainage purposes, respectively, subject at all times to the proper authorities and to the easements and restrictive covenants herein reserved. Furthermore, there are strips of ground shown and dimensioned on said Plat marked "Fence Construction and Maintenance Easement", which the Allottor hereby reserves for the use and benefit of the Allottor, its successors and assigns, as an easement for the construction, erection, installation, repair, reinstallation and maintenance of a brick and wooden fence; provided, however, upon completion of the initial construction of the fence, the Allottor shall assign this Fence Construction and Maintenance Easement to the Chevaux Court Property Owners Association, Inc., hereinafter referred to as the "Association", and the Association shall maintain and keep said fence in good repair and pay all cost associated with said fence and the maintenance and repair of same. All persons, natural and artificial, who become owners of the lots platted hereby, shall take their titles subject to the rights of public utilities and the public in the street rights -of -way and the fence, utility and drainage easements shown on the Plat. The filing of this Declaration of Restrictive Covenants and Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the street rights -of -way and the Utility and Drainage Easements shown on the said plat. The streets shown on said Plat shall henceforth be known by the names designated on said Plat and same shall be of the length and width shown thereon; provided, however, the Allottor does hereby reserve unto the Allottor the right to any surplus dirt in said streets for Allottor's own use and benefit. The lots in said Subdivision shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon all owners and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable, uniform and suitable as residential property, to -wit: ARTICLE I -3- FINAL hjk\rea1ty\piedmtba.doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE LAND USE, BUILDING TYPE AND HEIGHT The real property herein platted shall be held, owned and used only for residential purposes except as otherwise shown on the plat. No buildings shall be erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby other than a single detached single family residence which shall not exceed two and one-half stories in height when seen from the front or principal street facades, a private fully enclosed garage for the storage of motor vehicles owned or used by the residents (storage of commercial motor vehicles being expressly prohibited), such garage to be of such sufficient size to adequately accommodate no less than two (2) nor more than four (4) motor vehicles no portion of which may thereafter be converted into living space or for any other purpose without the prior written approval of the Allottor, and such other outbuildings only as are incidental and related to the residential use of the lot. ARTICLE II ARCHITECTURAL CONTROL (a) Purpose. The Allottor is desirous of providing and maintaining harmony of external design and location in relation to the surrounding structures and topography and, for this purpose, herein creates an Architectural Control Committee which shall have the duties, obligations and responsibilities as hereinafter set forth. (b) Architectural Control Committee. The Architectural Control Committee (hereinafter "the Committee") shall initially consist of at least three, but not more than five, members who shall be designated by the Allottor. Subsequent to the initial appointments, the Allottor shall appoint all replacement members of the Committee; provided, however, the Allottor may, at such time as it deems appropriate, release all control over appointments of members to the Committee to the Board of Directors of the Association by execution of an instrument to such effect in recordable form. Neither the Allottor, nor the Committee shall be liable in damage to any person submitting requests for approval or to any Owner within the Addition by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to any request hereunder. All decisions of the Committee shall be by a majority vote of the members. The identity of the members of the Committee and all replacement members thereof shall be disclosed by an instrument in recordable form executed by the -4- FINAL hj k\realty\piedmtba.doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE Allottor or, after release of control by the Allottor to the Association, then the President of the Board of Directors of the Association, as the case may be. (c) Requirements Before Construction. No building or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby until the building plans, specifications, exterior color schemes, general plan of landscaping and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations have been approved in writing by the Committee. Prior to commencement of any construction upon any Lot or part of any Lot located within the Addition, the property Owner shall submit to the Committee, the following documentation with respect to any proposed construction: (i) Plot Plan (ii) Floor Plan of the proposed structure (iii) Front, rear, right and left elevations of the proposed structure (iv) General Plan of Landscaping (v) Specifications reflecting the choice of exterior building materials and color scheme of the proposed structure (vi) Such other documentation as the Architectural Control Committee may request. For purposes hereof, the term "proposed construction" shall include, but shall not be limited to, new construction of a residence, or other structure, remodeling, adding to or modifying an existing residence or other structure, installation of a fence or wall, construction or remodeling of outbuildings and/or detached garages or other accessory structures, construction or installation of storm cellars, swimming pools, tennis courts, installation of an antenna whether on a structure or on a Lot, construction of ponds or lakes, installation of any sign, and construction of driveways. The Committee shall use its best judgment to see that all improvements, construction, landscaping, and alterations on lands within the properties conform to and harmonize with existing surroundings and structures, and are -5- F1NAL hjk\real ty\piedmtha. docOM 2/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE otherwise in conformity with the intent of this Declaration of Covenants and Bill of Assurance. All documentation delivered to the Architectural Control Committee shall become the property of the Committee and shall be retained as a permanent record. The Committee shall have 30 days from and after receipt of the required documentation, which receipt shall be in writing acknowledged by a member of the Committee, to approve or disapprove by majority vote, the design, plans and specifications for any proposed construction. Any disapproval shall be in writing and shall specify in detail the basis for such disapproval and, as appropriate, modifications which, if made, will render the proposed construction acceptable. In the event that the Committee neither approves nor disapproves any proposed construction within 30 days of receipt of the hereinbefore described documentation, the proposed construction shall be deemed to be acceptable and this provision of this Declaration shall be deemed fully complied with and the construction may be commenced. Notwithstanding anything to the contrary herein contained, no construction of any type or variety shall be commenced prior to submission of the required documentation as hereinbefore set forth and receipt of either written approval of the Committee or 30 days from the date of receipt of said documents by the Committee shall have elapsed without action by the Committee. Construction of any proposed construction approved by the Committee or deemed approved by the Committee shall be commenced within ninety (90) days of such approval and shall be prosecuted diligently to completion no later than twelve (12) months after commencement. (d) Design Standards. As is hereinbefore stated, it is the intention of the Allottor that the Addition be developed and maintained in a consistent and harmonious manner. In furtherance of and in keeping with the purposes hereof, the Committee shall promulgate, from time to time, DESIGN STANDARDS, which shall be utilized in reviewing proposed construction and which shall include guidelines with respect to size, area, style, height of building, color, types of building material, landscaping, and other similar and related matters and standards. The Design Standards as may be promulgated and amended from time to time shall be available for inspection at the offices of the Allottor as long as the Allottor selects the Committee, and thereafter, shall be maintained as a permanent record in the offices of the Association. No building or other -6- FINAL hjk\rea1ty\piedmtba.doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE improvement shall be erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby except if same is constructed in conformity with the provisions hereof. ARTICLE III MINIMUM PRINCIPAL BUILDING SIZE No residential building shall be constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby unless the finished heated and cooled living area thereof, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall equal or exceed 1,800 square feet for a one story building, or, 2,000 square feet for a split level or a multi -level building. Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. ARTICLE IV BUILDING LOCATION No building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby nearer to the front lot line, rear lot line or nearer to the side street line than the minimum building setback lines shown on the Plat. No building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby nearer to an interior lot Iine than ten pgrcent of the width of the lot at the front building line not to exceed eight $ feet. For the u oses of this p2LaMph, eaves ste s balconies open porches, open terraces and patios shall not be considered as part of the building. ARTICLE V LOT AREA AND WIDTH No lot platted hereby shall be subdivided or resubdivided or replatted without the written consent of the Allottor, which consent may be unreasonably withheld. In any event no building shall be erected, constructed or placed on any building site or lot having a width of less than sixty (60) feet at the minimum building set back line, nor shall -7- FINAL hjk\rea I ty\p iedmtha. docOM 2/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE any building be erected, constructed or placed on any lot having an area of less than Seven thousand (7000) square feet. ARTICLE VI EASEMENTS Easements of way for streets as shown on the plat filed herewith have herein been donated and dedicated to the public, and the persons, firms or corporations engaged in supplying public utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, cable, water and sewer, shall have the right to use and occupy said easements of way and streets for the installation, maintenance, repair and replacement of such utility services. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have herein been reserved, said easements being of various widths, reference being hereby made to the plat filed herewith for a more specific description of width and location thereof. As various utility facilities are underground, any alterations or lowering of the surface grade of the ground in any easement and the area immediately adjoining such easements is prohibited, if such alteration or lowering would result in there being less than 30 inches of clearance either vertically or horizontally between the surface grade and the underground electric cables and conductors supplying telephone and electric power service; and, as the electric distribution transformer stations and service pedestals are located on surface grade, fills within the area of the said easements and upon the lands adjacent thereto which will damage or which will interfere with the installation, maintenance, operation and replacement of the electric and telephone cables, facilities and equipment, and the supplying of service from such equipment are also prohibited. No trees, incinerators, structures, buildings, pavement, or similar improvements shall be grown, built or maintained within the area of such utility easements. No excavations within the area of such easements for the erection of any fences (wood, wire, stone, or brick) or for any other purposes shall be made which would interfere with the installation, maintenance, repair and replacement of any utility service. In the event any such trees, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easement, no utility will be liable for the destruction of same in the installation, maintenance, repair, or replacement of any utility service located within the area of such easement. -8- FINAL hjk\rea1ty\piedmtha.doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ARTICLE VII UTILITIES The owner of any lot platted hereby shall install and maintain in conformity with applicable code requirements and other regulations, underground utility services, including electrical, natural gas, water, cable and telephone service between the point of delivery of such utility service as located by the utility company and the point of use of such owner. The owner of any lot platted hereby shall dig and backfill in conformity with applicable code requirements and other regulations a ditch for utility services. No individual water supply system or individual sewerage disposal system shall be permitted to be constructed or operated on any of the lots platted hereby. No television dish, antennae or similar equipment shall be installed on any of the lots platted hereby without the prior written consent of the Allottor. ARTICLE VIII NUISANCES No noxious or offensive activity or commercial business activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the owners of lots. No trucks, commercial vehicles or inoperative vehicles may be stored or parked on a lot platted hereby other than for making routine deliveries. Owner further agrees to keep unimproved lots free from trash, debris, and overgrown vegetation. If such does accumulate and owner does not promptly remove such upon notification by Allottor, the Allottor shall have the right to perform such cleanup work as is necessary and owner shall reimburse Allottor for the cost thereof. ARTICLE IX TEMPORARY STRUCTURES No mobile home, trailer, basement, tent, shack, garage, barn, or outbuilding erected on a lot covered by these covenants shall at any time be used for human habitation. ARTICLE X -9- FINAL hj k\rea1 ty\piedmtha. doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE SIGNS No sign of any kind shall be displayed to the public view on any lot, except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder or developer to advertise the property during the construction and sales period and in no event shall any such signage be affixed, permanently or temporarily, to any trees. ARTICLE XI LIVESTOCK AND POULTRY No animals, livestock, or poultry of any kind shall be raised or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. ARTICLE XH VISUAL OBSTRUCTIONS No fence, wall, hedge, or shrub planting or other obstacle which obstructs sight lines at elevations of more than 2 feet 6 inches above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street lines and a line connecting them at a point 50 feet from the intersection of the street lines; or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points 50 feet from their intersection. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a height of 8 feet to prevent obstruction of such sight lines. ARTICLE XIII FENCES No fence, wall, hedge, or mass planting shall be permitted to extend beyond the minimum front building set back line established herein or from the side yard building line to the street or corner lots except upon the written approval of the Allottor. To insure -10- F1NAL hjk\realty\piedmtha. doc03/12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE compliance with the provisions of Article VI hereof as it relates to the erection of fences along utility easements, no fence, wall, or other structure shall be erected along property lines without approval of the design, construction, and materials by the Allottor. Further there shall be no barbed or other similar wire fences erected or placed on any lot nor shall any chain link fence of any type or kind be erected or placed on any lot which can be seen from any street. ARTICLE XIV STREET ACCESS, DRIVEWAYS AND PRIVATE ACCESS EASEMENTS All driveways will be constructed of concrete surface material at grades lowered or raised to meet street grades with culverts installed and maintained unobstructed. ARTICLE XV PARKING AND STORAGE OF MOTOR HOMES, ETC. No motor homes, camper trailers, travel trailers, utility trailers or boat trailers shall be permitted to be parked, stored or remain upon any Lot, unless same is parked or stored and remains in a fully enclosed stall of the garage. No motor homes, camper trailers, travel trailers, utility trailers or boat trailers shall be permitted to be parked, stored or remain upon any street in the Addition. ARTICLE XVI EXTERIOR MAINTENANCE AND LANDSCAPING All buildings, structures and improvements constructed, erected and reerected on any lot and all yards and landscaping thereon shall be maintained in a good state of repair, neat and attractive manner by the Owner thereof. The Owner's maintenance obligations shall include, but not be limited to, prompt removal of all litter, trash, refuse and waste, lawn mowing, tree and shrub pruning, watering, keeping exterior lighting and mechanical facilities in working order, keeping lawn and landscaped areas alive and free of weeds and attractive, keeping parking areas and driveways in good repair, complying with all applicable governmental rules and regulations, repainting, and repairing exterior damages. No building or other structure shall be constructed, erected, placed, altered, -11- FINAL hj k\realty\piedm lha.doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE reerected or permitted to remain on or upon any lot platted hereby unless, prior to the lot being offered for sale or issuance of a certificate of occupancy of the City of Little Rock, top soil shall be installed, leveled and sodded with live grass sod in all yard areas of the lot and shrubs shall be planted in planting areas immediately adjacent to the building and structure situated thereon on the front and sides thereof. All vacant lots shall be maintained free and clear of debris, trash and weeds. Upon the failure of the Owner to maintain or landscape the grounds in accordance with the provisions hereof, the Architectural Control Committee or the Association may, upon 30 days written notice to the Owner, cause the grass, weeds and vegetation to be cut, when, and as often as, in its judgment is necessary, or cause appropriate landscaping to be installed. Upon the failure of the Owner to maintain the exterior of any structure in good repair and appearance, the Committee or the Association may, upon 6 months written notice to the property Owner, make repairs and improve the appearance of the structure in a reasonable and workmanlike manner. For purposes of performing such maintenance as may be required hereunder, the agents or employees of the Committee and/or the Association shall have the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours on any business day. Notwithstanding any contrary provision hereof, the Committee or the Association may enforce the requirements of this Subparagraph by litigation at law, or in equity, and the costs of such litigation including any attorney's fees, shall be paid by such Owner, and if more than one, such Owners shall be jointly and severally liable. The cost of any maintenance required under Article XVI shall be assessed to the Owner thereof, shall constitute a lien upon the Lot, and may be collected in accordance with the provisions of Article XVIII hereof. ARTICLE XVII PROPERTY LINES AND BOUNDARIES Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are chord distances, and all curve data as shown on the attached plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. ARTICLE XVIII -12- FINAL hj k\realty\piedmtba.doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE CHEVAUX COURT PROPERTY OWNERS ASSOCIATION, INC. There has been formed by the Allottor a non-profit corporation known as the Chevaux Court Property Owners Association, Inc. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to fully abide by and comply with the Articles of Incorporation and By -Laws of the Association, as amended from time to time. The activities of the Association with respect to the hereinbefore described lands shall, in addition to the Articles of Incorporation and By -Laws, be subject to the following directions, limitations and conditions: (a) Membership. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and not be separated from ownership of any Lot which is subject to assessment. The Owner(s) of each Lot shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall individually be Members but shall collectively have one vote only with respect to each Lot owned by such persons. The Allottor shall be entitled to one vote for each Lot owned by Allottor. (b) Owner's Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area or areas which shall be appurtenant to and which shall pass with the title to every Lot, at such time or times as the same shall be conveyed to the Association by the Allottor, subject to the following provisions: (i) The right of the Association to charge assessments for the maintenance and repair of the common area; (ii) The right of the Association to suspend voting rights and rights to use of the common areas by an Owner for any period during which any assessment as hereinafter described against such Owner's Lot remains unpaid; and for a period not to exceed 60 days for any infraction of the published rules and regulations regarding the use of such common areas facilities promulgated by the Association; (iii) The right of the Association to dedicate or transfer all or any part of the common area to any public agency, authority or utility for -13- FINAL hjk\rea1ty\piedmlha.doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE such purposes and subject to such conditions as may be agreed to by the Association. No such dedication or transfer shall be effective except upon the vote of a majority of the Members. (iv) The right of the Allottor to use of any of the Common Areas to promote sales of unsold Lots within the Addition, such use to be without cost to Allottor. (c) Covenant for Maintenance Assessments. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) Annual assessments or charges; and (2) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The Allottor shall have no liability for payment of any such assessments for unsold Lots. The annual and special assessments, together with interest, costs and reasonable attorneys fees, shall be a charge on the Lots and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, cost, and reasonable attorneys fees, shall also be the personal obligation of the person or persons who was the Owner or Owners of such Lot at the time when the assessment fell due. The assessments levied by the Association shall be used exclusively for the recreation, health, safety and welfare of the residents in the Addition, for the improvement and maintenance of the common areas, for repair and replacement of common areas within the Addition, whether public or private, for insurance, taxes, and other costs and expenses related to, and, in the discretion of the Board of Directors, consistent with the purposes of the Association. The initial annual assessment which may be collected monthly, shall be fixed by the Board of Directors of the Association to commence at such time or times as shall be determined by Board of Directors. From and after the establishment of the initial annual assessment, the amount of the annual assessment may be increased each year by the Board of Directors of the Association by not more than 5% above the annual assessment for the previous year without the necessity of a vote of the membership. In the event that the Board of Directors of the Association deems it necessary to increase the annual assessment in excess of 5% over the prior year's annual assessment, a vote of the majority of the members present at a meeting duly called for such purpose shall be required in order that such increased -14- FINAL hj k\real ty\pi edmtba. doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE assessment may be charged; provided that, in such event, if the Allottor is at such time, the owner of more than 50% of the lots in the addition, the Allottor shall have no more than 50% of the total number of eligible votes on such issue. Further, notwithstanding anything to the contrary herein contained, the Board of Directors of the Association shall be empowered to levy, in any assessment year, a special assessment applicable to that year only for the purpose of deferring and paying, in whole or in part, the costs of any construction, reconstruction, repair or replacement of a capital improvement located upon and situated in the common areas, including fixtures and personal property related thereto, provided, however, that any such assessment shall have the assent of sixty-five percent (65%) of the members present, voting in person or by proxy, at a meeting duly called for such purpose. Any annual and special assessments as hereinbefore described shall be uniform for all Lots within the Addition and may be collected on a monthly basis. The annual assessments hereinbefore described, once levied, shall commence as to each Lot upon the first day of the month following the date of sale of each such Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year and the amount thereof shall be pro -rated. The Board of Directors of the Association shall fix the amount of the annual assessment against each Lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due date shall be established by the Board of Directors of the Association. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessment of a Lot is binding upon the Association as of the date of its issuance. (d) Effect of Nonpayment of Assessments and Remedies. Any assessment not paid within 30 days after the due date thereof as established and fixed by the Board of Directors of the Association shall bear interest from the due date at the maximum lawful rate. The Association may, upon such default, bring an action at law against the Owner or Owners personally obligated to pay the same, or foreclose the lien of the assessment against the property. The Owner may not waive or otherwise escape liability for the assessments herein provided by non-use of the common area or abandonment of his Lot. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any Lot shall not affect the assessment lien; provided, however, that the sale or transfer of any Lot pursuant to any mortgage foreclosure or proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof. -15- F1NAL hjk\realty\piedm[ba.doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ARTICLE XIX ADDITIONAL PROPERTY The Allottor may, but shall not be obligated to, develop additional adjoining tracts (hereinafter referred to as the "Adjoining Tracts") in a fashion consistent with the development of the hereinbefore described lands; except that the Allottor may develop the Johnson Home Site land (hereinafter referred to as the "Johnson Home Site") more particularly described as, to -wit: A part of the SE 1/4 of Section 14, Township 2 North, Range 14 West, Pulaski County, Arkansas, described as: Beginning at the Northwest corner of the E % E % SW 1/4 SE %4 of said Section 14, thence South 00 degrees 43 minutes 05 seconds East 163.84 feet (deed 163.8 feet); thence North 89 degrees 18 minutes 04 seconds East 385.16 feet (deed 385.4); thence North 00 degrees 41 minutes 07 seconds West 370.25 feet to the South right of way of Arkansas State Highway 10; thence North 62 degrees 06 minutes 13 seconds West along said South right of way, 27.75 feet; thence continue along said South right of way, North 74 degrees 28 minutes 11 seconds West 307.72 feet; thence South 01 degrees 15 minutes 09 seconds West 305.77 feet to the South line of the NW 1/4 SE 1/4 Section 14; thence South 89 degrees 12 minutes 03 seconds West 55.07 feet (deed 55 feet) to the point of beginning. or sell same for development as a multi -family, commercial or office development and each Owner of any Lot platted hereby by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to have waived any objection to any multi- family, commercial or office zoning or rezoning application made to the City of Little Rock by Allottor pertaining to the Johnson Home Site and covenants and agrees to support any such application. Should Allottor, in its discretion, elect to develop the Adjoining Tracts in a fashion consistent with the development of the hereinbefore described lands, then such development of Adjoining Tract may be governed by covenants similar to the covenants herein set forth and may have common areas similar to those common areas described herein which may be conveyed to the Association to be maintained and kept landscaped by and at the expense of the Association. To the extent of the development of the Adjoining Tracts in a fashion consistent with the development of the hereinbefore described lands and the establishment and conveyance of such -16- FINAL hjk\real ty\p iedm tha. doc03 /12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE common areas therein to the Association, all property Owners in any subsequent development of the Adjoining Tracts or phases thereof adjoining the hereinabove described lands or adjoining any subsequent phases of the overall development which adjoin the hereinabove described lands shall become members of the Association by virtue of owning a lot in such development and shall be subject to all duties, responsibilities and assessments in accordance with such membership and shall be entitled to all privileges, rights and enjoyment of common areas of all other members of the Association. ARTICLE XX RIGHT TO ENFORCE The restrictions, covenants and provisions herein set forth shall run with the lots platted hereby and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of the lots platted hereby. Allottor and any owner of any of the lots platted hereby shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of, the restrictions above set forth, in addition to any ordinary legal action for damages. The failure of Allottor or any owner of any of the lots platted hereby to enforce any of the restrictions hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter. ARTICLE XXI MODIFICATION OF RESTRICTIONS Notwithstanding any provision, restriction or covenant herein contained to the contrary, so long as Allottor is the owner of 5 1 % of the Lots platted hereby, then any and all of the covenants, provisions and restrictions set forth herein may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged solely by the Allottor. Furthermore, notwithstanding any provision, restriction or covenant herein contained to the contrary, any and all of the covenants, provisions and restrictions set forth herein may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged by at least fifty (50%) percent of the owners of the Lots, PROVIDED, HOWEVER, any such amendment, modification, extension, change or cancellation, in -17- FINAL hjk\real ty\p iedmtha. doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE order to be effective and enforceable, must be approved and consented to in writing by Allottor regardless of whether or not Allottor owns any lots platted hereby, such approval to be in the sole discretion of the Allottor. The provisions of any such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2022. ARTICLE XXII ASSIGNMENT AND BINDING EFFECT Allottor expressly reserves the right to assign in writing the Allottor's rights and obligations hereunder to another person, natural or artificial; provided, however, such other person shall only succeed to the rights and obligations of the Allottor upon recordation of such an assignment executed by the Allottor which expressly and specifically assigns the Allottor's rights and obligations hereunder and a conveyance of the land platted hereby will not be deemed such an assignment to the purchaser thereof. Otherwise the personal representatives, heirs and successors of the Allottor shall automatically be bound by and shall succeed to the rights, duties and obligations of the Allottor. ARTICLE XXIH EXTENSION All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each, unless modified, terminated or canceled as provided herein. ARTICLE XXIV SEPARABILITY Invalidation of any restriction set forth herein, or any part thereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. -18- FINAL hj k\real ty\piedmtha. doc03/ 12/01 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE EXECUTED this ATTEST: fieviewed only for inclusion of minimum smndards required by tfls city of Lit la Rock subdivisio an r uladorFo. Bill of Assuraneo provisvim eslablishod L• Gho developer may excaed rain!MMI r> ,J;aficrs Of Lho Little Rock subdivision and zoning Ord!nancc3. 'o Gty of Little Bock Planning Commtsslw day of /%%/9/1Cf� , 2001. -19- FINAL hj k\real ty\piedmtha.doc03/ 12/01 Doc# 2001024300 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE MORTGAGEE'S DEDICATION AND CONSENT That Pulaski Bank and Trust Company, for and in consideration of the benefits to accrue to it from the terms and provisions hereof, which it acknowledges to be of mutual benefit, does, solely for the purposes hereinafter stated and none others, hereby join in and consent to the dedication of the street rights -of -way and easements for the use and benefit of the public herein above set forth and does hereby consent to and approve of (i) the platting and subdivision of the property herein described and (ii) the terms and provisions herein above set forth. Dated this of-?'� 2001. PULASKI BANK AND TRUST COMPANY BY: LJL TITLE: SG✓lo.>— lii 6 /ae[ 7 -20- FINAL hj k\rea1 ty\p iedmlba. doc03/ 12/01 Doc# 2001024300 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI ) BE IT REMEMBERED that on this day appeared before the undersigned, a Notary Public duly commissioned, qualified and acting wit and for e County and State aforesaid, appeared in person the within named ' _ t and , being the person or persons authori d by s& c rporation to execute such instrument, stating their respective capacitie in that behalf, to me personally well known, who stated that they were the and of the PIEDMONT CORPORATION executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY EREOF, I have hereunto set my hand and official seal this ' day of 2001. My -commission expires: -21- FINAL hj k\rea I ty\p i edm tha. doc03/ 12/01 Doc# 2001024300 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI ) BE IT REMEMBERED that on this day appeared before the undersigned, a Notary Public duly commissioned, qualified and acting Within and. for the County and State aforesaid, appeared in person the within named , being the person authorized by said corporation to execute such instrument, stating his/her respective capacity, in that behalf, to me personally well known, who stated that he/she is the I, J&, r of the PULASKI BANK AND TRUST COMPANY executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 2001. A%NpTARY 3 NOTAPS PUBLIC My commission expires: !4�, ::K IV .1 -22- FINAL hj k\rea1 ty\piedm tha.doc03 / 12/01 Doc# 2001024300 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE BVILD David H. Pickering 9 M L. P/ckerin ACKNOWLEDGMENT STATE OF ARKANSAS) )ss COUNTY OF PULASKI) BE IT REMEMBERED, That on this day came on before me, the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, David H. Pickering and Mary L. Pickering, his wife, to me well known or satisfactorily proven to be the persons whose names appear in the foregoing instrument, and stated that they had executed the same for the consideration and purposes therein mentioned and set forth. IN WITNESSETH WREOF, I have hereunto set my hand and seal on this _ day of (]ht �. 2001. MY COMMISSION EXPIRES: FINAL hj k\realty\piedmtba.doc03/l2/01 FNOTARY lClAL SEAL LY D. MOORE BLIC - ARKANSASSKI COUNTY ra�res 3�2010 vcc. -23- City of Little Rock Engineering Divisi Deparmem of 701 west l: wkna-n Public Works Little Rock. Afkansas 7223I-13:10 371-4811 FAX w/D CIVIL ENG EERING RESPONSE The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued C#,64 wir cQi2T - z-A - 0 Signed By RIM -ARKS: r'`-tq o nr Ply � - -- � `' CLR PUBLIC WORKS DEPT . DATE TO AGENCY ' FAX 1` FROM AGENCY FAX r PHONE i? TOTAL PAGES