HomeMy WebLinkAboutS-1074-J ApplicationCity of Little Rock.
Planning and Development
Filing Fees
Date: 2, , 20 DZ—
Annexation
Board of Adjustment
Cond. Use Permit/T.U.P
Final Plat
Planned Unit Dev.
Preliminary Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at
Public Hearing Signs
Number at
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Total
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File No
Location-G `,U ,
Applicant L By
2002157G54
07/03/2002 11:35:02 AM
Filed & Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $113.00
THIS INSTRUMENT PREPARED BY:
HAL JOSEPH KEMP, P.A.
KEMP, DUCKETT, 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 32, 33, 33, 34, 35, 36, 37, 38, 39, 40,
41, 42, 43, 44, 45 and 46, Block 1
and Lots 1, 15, 16, 17, 18, 19, 20, 21, 22 and 23, Block 3,
CHEVAUX COURT, PHASE 4, 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 ��ss�■.�.�,810
NSASvg*
LOCATED IN THE SE1 4 OF SECTIONSUBDIVISION, PULASKI O�14, T-2 N R-1.4--' ,�F H Er, ^'��� *++
W, MORE PARTICULARLY DESCRIBED AS: �R' . *; ■
-1-
FINAL
hj k\reaI ty\p i edmtha. 06/14/02
•
• r. Q o
••�P Y,
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
BEGINNING AT THE NORTHWEST CORNER OF LOT 31R, BLOCK 1,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; THENCE N01°00'58"E ALONG THE WEST LINE OF
SAID TRACT B, 835.55 FT.; THENCE S89°05'15"E, 385.00 FT.;
THENCE S78014'38"E, 106.63 FT. TO A POINT ON THE WEST RIGHT-
OF-WAY LINE OF CHEVAUX COURT; THENCE S11°45'22"W ALONG
SAID WEST RIGHT-OF-WAY LINE 229.00 FT.; THENCE SOUTHERLY
CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, BEING
THE ARC OF A 597.96 FT. RADIUS CURVE TO THE LEFT, A CHORD
BEARING AND DISTANCE OF S 11 ° 17' 05"W, 9.84 FT. TO THE
NORTHEAST CORNER OF LOT 2, BLOCK 3, SAID CHEVAUX
COURT; THENCE N85°33'30"W ALONG THE NORTH LINE OF SAID
LOT 2, 130.17 FT. TO THE NORTHWEST CORNER THEREOF;
THENCE S04026'30"W ALONG THE WEST LINE OF SAID LOT 2 AND
ALONG THE WEST LINE OF LOTS 3, 4, 5, 6 AND 7, SAID BLOCK 3,
400.00 FT. TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE
S02037'56"W ALONG THE WEST LINE OF LOTS 8, 9 AND 10, SAID
BLOCK 3, 162.57 FT. TO THE NORTHEAST CORNER OF LOT 14R,
SAID BLOCK 3; THENCE N88°59'02"W ALONG THE NORTH LINE OF
SAID LOT 14R, 121.92 FT. TO THE NORTHWEST CORNER THEREOF,
SAID CORNER LYING ON THE EAST RIGHT-OF-WAY LINE OF
CHEVAUX CIRCLE; THENCE N01°00'58"E ALONG SAID EAST
RIGHT-OF-WAY LINE, 62.01 FT.; THENCE N88°59'02"W, 45.00 FT. TO
A POINT ON THE WEST RIGHT-OF-WAY LINE OF CHEVAUX
CIRCLE; THENCE S01°00'58"W ALONG SAID WEST RIGHT-OF-WAY
LINE, 89.72 FT. TO THE NORTHEAST CORNER OF SAID LOT 31R,
BLOCK 1; THENCE N88°59'02"W ALONG THE NORTH LINE OF SAID
LOT 31R, 120.00 FT. TO THE POINT OF BEGINNING, CONTAINING
6.5197 ACRES MORE OR LESS.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTIES:
PART OF TRACT B, GLENN JOHNSON RANCH SUBDIVISION,
PULASKI COUNTY, ARKANSAS, LOCATED IN THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, MORE PARTICULARLY
DESCRIBED AS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 31R, BLOCK 1,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; THENCE N01°00'58"E ALONG THE WEST LINE OF SAID
TRACT B, 769.02 FT. TO THE POINT OF BEGINNING; THENCE CONTINUE
N01000'58"E ALONG SAID WEST LINE, 66.53 FT.; THENCE S89°05'05"E,
146.62 FT.; THENCE S21°26'02"E, 138.54 FT. TO A POINT ON THE
PROPOSED WEST RIGHT-OF-WAY LINE OF CHEVAUX CIRCLE; THENCE
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FINAL
hj k\reaI ty\piedmlba.doc06/ 14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
SOUTHEASTERLY ALONG SAID PROPOSED WEST RIGHT-OF-WAY LINE
BEING THE ARC OF A 75.00 FT. RADIUS CURVE TO THE LEFT, A CHORD
BEARING AND DISTANCE OF S49040'50"W, 48.55 FT.; THENCE
N59012'18"W, 187.87 FT. TO THE POINT OF BEGINNING, CONTAINING
20,213 SQUARE FEET OR 0.4640 ACRES MORE OR LESS.
and,
PART OF TRACT B, GLENN JOHNSON RANCH SUBDIVISION,
PULASKI COUNTY, ARKANSAS, LOCATED IN THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, MORE PARTICULARLY
DESCRIBED AS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 6, BLOCK 3,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; THENCE SOUTH 04 DEGREES 26 MINUTES 30 SECONDS
EAST ALONG THE WEST LINE OF SAID LOT 6, BLOCK 3, 35.48 FEET;
THENCE NORTH 85 DEGREES 33 MINUTES 30 SECONDS WEST 120.16
FEET; THENCE NORTH 04 DEGREES 28 MINUTES 31 SECONDS EAST
65.00 FEET; THENCE SOUTH 85 DEGREES 33 MINUTES 30 SECONDS EAST
120.12 FEET TO A POINT ON THE WEST LINE OF LOT 5, SAID BLOCK 3;
THENCE SOUTH 04 DEGREES 26 MINUTES 30 SECONDS WEST ALONG
THE WEST LINE OF SAID LOT 5, 29.52 FEET TO THE POINT OF
BEGINNING.
and,
PART OF TRACT B, GLENN JOHNSON RANCH SUBDIVISION,
PULASKI COUNTY, ARKANSAS, LOCATED IN THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, MORE PARTICULARLY
DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 31R, BLOCK 1,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; THENCE N01°00'58"E ALONG THE WEST LINE OF SAID
TRACT B, 366.59 FT. TO THE POINT OF BEGINNING; THENCE CONTINUE
N01000'58"E ALONG SAID WEST LINE, 200.36 FT.; THENCE S85°33'30"E,
148.60 FT TO A POINT ON THE PROPOSED WEST RIGHT-OF-WAY LINE
OF CHEVAUX CIRCLE; THENCE SOUTHERLY ALONG SAID PROPOSED
WEST RIGHT-OF-WAY LINE BEING THE ARC OF A 172.50 FT. RADIUS
CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF
S05032'45"W, 6.65 FT.; THENCE SO4°28'31"W CONTINUING ALONG SAID
PROPOSED WEST RIGHT-OF-WAY LINE, 193.35 FT.; THENCE
_3_
FINAL
hjk\real ty\piednitba.doc06/ 14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
N85033'20"W, 136.39 FT TO THE POINT OF BEGINNING, CONTAINING
28,487 SQ. FT. OR 0.6540 ACRES MORE OR LESS.
and,
PART OF TRACT B, GLENN JOHNSON RANCH SUBDIVISION,
PULASKI COUNTY, ARKANSAS, LOCATED IN THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, MORE PARTICULARLY
DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 31R, BLOCK 1,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; THENCE N01°00'58"E ALONG THE WEST LINE OF SAID
TRACT B, 835.55 FT.; THENCE S89°05' 15"E, 385.00 FT.; THENCE
S78014'38"E, 106.63 FT. TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF CHEVAUX COURT; THENCE S11°45'22"W ALONG SAID WEST RIGHT-
OF-WAY LINE 180.36 FT. TO THE POINT OF BEGINNING; THENCE
SI1°45'22"W CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE,
48.64 FT.; THENCE SOUTHERLY CONTINUING ALONG SAID WEST
RIGHT-OF-WAY LINE, BEING THE ARC OF A 597.96 FT. RADIUS CURVE
TO THE LEFT, A CHORD BEARING AND DISTANCE OF S11°17'05"W, 9.84
FT. TO THE NORTHEAST CORNER OF LOT 2, BLOCK 3, SAID CHEVAUX
COURT; THENCE N85°33'30"W ALONG THE NORTH LINE OF SAID LOT 2,
130.17 FT. TO THE NORTHWEST CORNER THEREOF; THENCE
N04°11'15"E, 79.26 FT. TO A POINT ON THE PROPOSED SOUTH RIGHT-
OF-WAY LINE OF CHEVAUX CIRCLE; THENCE S89°05' 15"E ALONG SAID
PROPOSED SOUTH RIGHT-OF-WAY LINE, 111.77 FT.; THENCE
SOUTHEASTERLY CONTINUING ALONG SAID PROPOSED SOUTH
RIGHT-OF-WAY LINE BEING THE ARC OF A 25.00 FT. RADIUS CURVE TO
THE RIGHT, A CHORD BEARING AND DISTANCE OF S38°39'56"E, 38.54
FT TO THE POINT OF BEGINNING, CONTAINING 11,137 SQ. FT. OR 0.2557
ACRES MORE OR LESS.
and,
PART OF TRACT B, GLENN JOHNSON RANCH SUBDIVISION,
PULASKI COUNTY, ARKANSAS, LOCATED IN THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, MORE PARTICULARLY
DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 31R, BLOCK 1,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; THENCE N01°00'58"E ALONG THE WEST LINE OF SAID
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FINAL
hi k\rea I ty\piedm th a. doc06/14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
TRACT B, 835.55 FT.; THENCE S89°05'15"E, 385.00 FT.; THENCE
S78014'38"E, 106.63 FT. TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF CHEVAUX COURT; THENCE S 11 °45' 22"W ALONG SAID WEST RIGHT-
OF-WAY LINE 229.00 FT.; THENCE SOUTHERLY CONTINUING ALONG
SAID WEST RIGHT-OF-WAY LINE, BEING THE ARC OF A 597.96 FT.
RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF
S 110 17'05"W, 9.84 FT. TO THE NORTHEAST CORNER OF LOT 2, BLOCK 3,
SAID CHEVAUX COURT; THENCE N85033'30W ALONG THE NORTH LINE
OF SAID LOT 2, 130.17 FT. TO THE NORTHWEST CORNER THEREOF;
THENCE S04026'30"W ALONG THE WEST LINE OF SAID LOT 2, 45.50 FT.
TO THE POINT OF BEGINNING; THENCE SO4°26'30"W CONTINUING
ALONG THE WEST LINE OF SAID LOT 2, AND ALONG THE WEST LINE
OF LOTS 3 AND 4, SAID BLOCK 3, 130.00 FT.; THENCE N85033'30"W,
120.08 FT. TO A POINT OF THE PROPOSED EAST RIGHT-OF-WAY LINE OF
CHEVAUX CIRCLE; THENCE N04°28'31"E ALONG SAID PROPOSED EAST
RIGHT-OF-WAY LINE, 127.50 FT.; THENCE NORTHERLY CONTINUING
ALONG SAID PROPOSED EAST RIGHT-OF-WAY LINE BEING THE ARC OF
A 127.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND
DISTANCE OF N05000'21"E, 2.51 FT.; THENCE S85°33'30"E, 120.00 FT. TO
THE POINT OF BEGINNING, CONTAINING 15,605 SQ. FT. OF 0.3582 ACRES
MORE OR LESS.
AND WHEREAS, Phase III, Inc., an Arkansas corporation (hereinafter referred
to as "Phase III") 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,
PULASKI COUNTY, ARKANSAS, LOCATED IN THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, MORE PARTICULARLY
DESCRIBED AS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 31R, BLOCK 1,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; THENCE NO1°00'58"E ALONG THE WEST LINE OF SAID
TRACT B, 769.02 FT. TO THE POINT OF BEGINNING; THENCE CONTINUE
NO1000'58"E ALONG SAID WEST LINE, 66.53 FT.; THENCE S89°05'05"E,
146.62 FT.; THENCE S21°26'02"E, 138.54 FT. TO A POINT ON THE
PROPOSED WEST RIGHT-OF-WAY LINE OF CHEVAUX CIRCLE; THENCE
SOUTHEASTERLY ALONG SAID PROPOSED WEST RIGHT-OF-WAY LINE
BEING THE ARC OF A 75.00 FT. RADIUS CURVE TO THE LEFT, A CHORD
BEARING AND DISTANCE OF S49040'50"W, 48.55 FT.; THENCE
N59012' 18"W, 187.87 FT. TO THE POINT OF BEGINNING, CONTAINING
20,213 SQUARE FEET OR 0.4640 ACRES MORE OR LESS.
-5-
FINAL
hjkkealty\piedmtba.doc06/ 14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
AND WHEREAS, T.W. Holmes, an Arkansas corporation, (hereinafter referred
to as "Holmes") 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,
PULASKI COUNTY, ARKANSAS, LOCATED IN THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, MORE PARTICULARLY
DESCRIBED AS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 6, BLOCK 3,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; THENCE SOUTH 04 DEGREES 26 MINUTES 30 SECONDS
EAST ALONG THE WEST LINE OF SAID LOT 6, BLOCK 3, 35.48 FEET;
THENCE NORTH 85 DEGREES 33 MINUTES 30 SECONDS WEST 120.16
FEET; THENCE NORTH 04 DEGREES 28 MINUTES 31 SECONDS EAST
65.00 FEET; THENCE SOUTH 85 DEGREES 33 MINUTES 30 SECONDS EAST
120.12 FEET TO A POINT ON THE WEST LINE OF LOT 5, SAID BLOCK 3;
THENCE SOUTH 04 DEGREES 26 MINUTES 30 SECONDS WEST ALONG
THE WEST LINE OF SAID LOT 5, 29.52 FEET TO THE POINT OF
BEGINNING.
AND WHEREAS, David H. Pickering and Mary L. Pickering, his wife,
(hereinafter referred to as "Pickerings") 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,
PULASKI COUNTY, ARKANSAS, LOCATED IN THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, MORE PARTICULARLY
DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 31R, BLOCK 1,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; THENCE N01°00'58"E ALONG THE WEST LINE OF SAID
TRACT B, 366.59 FT. TO THE POINT OF BEGINNING; THENCE CONTINUE
N01000'58"E ALONG SAID WEST LINE, 200.36 FT.; THENCE S85°33'30"E,
148.60 FT TO A POINT ON THE PROPOSED WEST RIGHT-OF-WAY LINE
OF CHEVAUX CIRCLE; THENCE SOUTHERLY ALONG SAID PROPOSED
WEST RIGHT-OF-WAY LINE BEING THE ARC OF A 172.50 FT. RADIUS
CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF
S05°32'45"W, 6.65 FT.; THENCE SO4°28'31"W CONTINUING ALONG SAID
res
FINAL
bj k\realty\piedmlba.doc06/14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
PROPOSED WEST RIGHT-OF-WAY LINE, 193.35 FT.; THENCE
N85033'20"W, 136.39 FT TO THE POINT OF BEGINNING, CONTAINING
28,487 SQ. FT. OR 0.6540 ACRES MORE OR LESS.
and,
PART OF TRACT B, GLENN JOHNSON RANCH SUBDIVISION,
PULASKI COUNTY, ARKANSAS, LOCATED IN THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, MORE PARTICULARLY
DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 31R, BLOCK 1,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; THENCE N01°00'58"E ALONG THE WEST LINE OF SAID
TRACT B, 835.55 FT.; THENCE S89°05'15"E, 385.00 FT.; THENCE
S78014'38"E, 106.63 FT. TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF CHEVAUX COURT; THENCE S11°45'22"W ALONG SAID WEST RIGHT-
OF-WAY LINE 180.36 FT. TO THE POINT OF BEGINNING; THENCE
S 11 °45'22"W CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE,
48.64 FT.; THENCE SOUTHERLY CONTINUING ALONG SAID WEST
RIGHT-OF-WAY LINE, BEING THE ARC OF A 597.96 FT. RADIUS CURVE
TO THE LEFT, A CHORD BEARING AND DISTANCE OF S 11 ° 17' 05"W, 9.84
FT. TO THE NORTHEAST CORNER OF LOT 2, BLOCK 3, SAID CHEVAUX
COURT; THENCE N85°33'30"W ALONG THE NORTH LINE OF SAID LOT 2,
130.17 FT. TO THE NORTHWEST CORNER THEREOF; THENCE
N04011'15"E, 79.26 FT. TO A POINT ON THE PROPOSED SOUTH RIGHT-
OF-WAY LINE OF CHEVAUX CIRCLE; THENCE S89°05' 15"E ALONG SAID
PROPOSED SOUTH RIGHT-OF-WAY LINE, 111.77 FT.; THENCE
SOUTHEASTERLY CONTINUING ALONG SAID PROPOSED SOUTH
RIGHT-OF-WAY LINE BEING THE ARC OF A 25.00 FT. RADIUS CURVE TO
THE RIGHT, A CHORD BEARING AND DISTANCE OF S38°39'56"E, 38.54
FT TO THE POINT OF BEGINNING, CONTAINING 11,137 SQ. FT. OR 0.2557
ACRES MORE OR LESS.
and,
PART OF TRACT B, GLENN JOHNSON RANCH SUBDIVISION,
PULASKI COUNTY, ARKANSAS, LOCATED IN THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, MORE PARTICULARLY
DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 31R, BLOCK 1,
CHEVAUX COURT, AN ADDITION TO THE CITY OF LITTLE ROCK,
-7-
FINAL
hjk\realty\piedmtha.doc06/ 14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
ARKANSAS; THENCE N01°00'58"E ALONG THE WEST LINE OF SAID
TRACT B, 835.55 FT.; THENCE S89°05' 15"E, 385.00 FT.; THENCE
S78014'38"E, 106.63 FT. TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF CHEVAUX COURT; THENCE S11°45'22"W ALONG SAID WEST RIGHT-
OF-WAY LINE 229.00 FT.; THENCE SOUTHERLY CONTINUING ALONG
SAID WEST RIGHT-OF-WAY LINE, BEING THE ARC OF A 597.96 FT.
RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF
S11017'05"W, 9.84 FT. TO THE NORTHEAST CORNER OF LOT 2, BLOCK 3,
SAID CHEVAUX COURT; THENCE N85°33'30W ALONG THE NORTH LINE
OF SAID LOT 2, 130.17 FT. TO THE NORTHWEST CORNER THEREOF;
THENCE S04026'30"W ALONG THE WEST LINE OF SAID LOT 2, 45.50 FT.
TO THE POINT OF BEGINNING; THENCE SO4°26'30"W CONTINUING
ALONG THE WEST LINE OF SAID LOT 2, AND ALONG THE WEST LINE
OF LOTS 3 AND 4, SAID BLOCK 3, 130.00 FT.; THENCE N85°33'30"W,
120.08 FT. TO A POINT OF THE PROPOSED EAST RIGHT-OF-WAY LINE OF
CHEVAUX CIRCLE; THENCE N04°28'31"E ALONG SAID PROPOSED EAST
RIGHT-OF-WAY LINE, 127.50 FT.; THENCE NORTHERLY CONTINUING
ALONG SAID PROPOSED EAST RIGHT-OF-WAY LINE BEING THE ARC OF
A 127.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND
DISTANCE OF N05000'21"E, 2.51 FT.; THENCE S85°33'30"E, 120.00 FT. TO
THE POINT OF BEGINNING, CONTAINING 15,605 SQ. FT. OF 0.3582 ACRES
MORE OR LESS.
AND WHEREAS, Phase III, Holmes and the Pickerings are hereinafter
collectively referred to as "Builder", whether one or more;
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 them and their successors and assigns, which benefits they acknowledge to be
of value, have caused the real property 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
FINAL
hjk\rea1ty\piedmtba.doc06/ 14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
County, Arkansas, in Plat 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 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45
and 46, Block 1, and Lots 1, 15, 16, 17, 18, 19, 20, 21, 22
and 23, Block 3, Chevaux Court, Phase 4, an Addition to
the City of Little Rock, Pulaski County, Arkansas;
and any and every deed of conveyance of any lot in said Addition 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 and Builder hereby dedicate 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.
In addition to said street rights -of -way there are strips of ground shown and
dimensioned on said Plat marked "Access, Utility and Drainage Easement", which
Allottor and Builder hereby donate and reserve 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 set forth and reserve and grant a private access
easement appurtenant to, on, over and across the Lots platted hereby, as shown on the
Plat, to be used by the owners of the Lots in said Blocks as the sole means of vehicular
ingress, egress and access to the Lots in said Blocks.
All persons, natural and artificial, who become owners of the lots platted hereby,
shall take their titles subject to the rights of public utilities, the rights of the public in the
street rights -of -way and subject to the Access, Utility and Drainage Easements" shown
and depicted 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
M
FINAL
hjk\rea1ty\piedmtha.doc06/ 14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 Addition shall be sold or conveyed by the Allottor or Builder, as
applicable, and shall be purchased, acquired, owned, possessed, held and occupied
subject to the covenants, restrictions, reservations, easements 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
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
-10-
FINAL
hjk\realty\piedmlba.doc06/ 14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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
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
(ill) Front, rear, right and left elevations of the proposed structure
(iv) General Plan of Landscaping
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(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
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
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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
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
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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 line than
ten percent of the width of the lot at the front building line not to exceed eight (8) feet.
For the purposes of this paragraph, eaves, steps, 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
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
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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.
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 backfrll 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
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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
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 XII
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
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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
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.
PROVIDED, HOWEVER, private access easements for the Lots platted hereby are
shown and depicted on the Plat and such easements have been reserved to the owners of
the Lots platted hereby and are appurtenant to said Lots to provide ingress/egress for
vehicular traffic to said Lots. Accordingly, no driveways may be constructed on any Lots
shown on the Plat except from the private access easements shown on the Plat.
PROVIDED, FURTHER, the Association shall maintain and keep said private access
easements in good repair and shall pay all costs of maintenance and repair to the private
access easements shown on the Plat, just like all other common areas.
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ARTICLE XV
PARKING AND STORAGE OF MOTOR HOMES, ETC.
No motor homes, camper trailers, travel trailers, utility trailers or boat trailers shall
be installed on or 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. No manufactured home or
mobile home shall be brought upon, installed on or permitted to be parked, stored,
erected, placed, situated, built or remain upon any Lot.
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,
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
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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
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:
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(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
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:
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(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
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
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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.
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:
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A part of the SE '/4 of Section 14, Township 2 North, Range 14 West,
Pulaski County, Arkansas, described as: Beginning at the Northwest
corner of the E %2 E %2 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
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.
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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
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.
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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 XXIII
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.
EXECUTED this --day of 2002
-25-
FINAL
hj k\realty\piedmtha.doc06/ 14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
PIEDMONT'CORPORA
TITLE: ,//�-er•r,.-
ATTES .
BUILDER:
T. W. HOLMES, INC.
BY:
TITLE:
ATTE
BUILDER:
PHA
BY:
TITL
ATTES
-26-
FINAL
hjk\real ty\piedmtba.doc06/ 14/02
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
BUILDER:
T W Holmes Inc
By T W Holmes President
MORTGAGEE'S DEDICATION AND CONSENT
That Regions Bank, 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 -
2002.
BY:
f
TITLE:
-26A-
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
Reviewed only f-r incfuslon of minirlum standards
required by the City of tittle Rock subdivision regulatiwrx
Bill of er m,,aecscpedvminum regulationtablished s f thn
iho
developer n,wy
tithe Rack subdivision and zoning ordinances.
Tt
10 z
City of tittle Rock PI g Commission
-27-
FINAL
hj kkealty\piedmtba.docG& 14/02
r�
Doc# 2002157654
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 and
, being the person or persons authonizet by said corporation to
execute such instrument, stating their respective capacities in that behalf, to me
personally well known, who stated that they were the ?n-en JeLi and
of the PIEDMONT CORPORATION 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 G , 2QQ2.
(SEAL)
My commission expires:
3-.�9-fiblo
FINAL
hj k\real ly\piedm[ba.doc06/ 14/02
9 -
OFFICIAL SEAL
E
BERLY D. MOORE
Y PUBLIC - ARKANSAS
ULASKICOUNTYmission Expires 3-29-2010
Doc# 2002157654
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 I`.. U) . 0,911AeS and
, being the person or persons authorized by said corporation to
execute such instrument, stating their respective capacities in that behalf, to me
personally well known, who stated that they were the I yfla�cn and
of the T. W. HOLMES, INC. 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 , 2002.
NOTAY P IC
My commission expires:
9 - /
=D.MOORE
EAL
MOORENRKANSASNTYMYs 3-29-2010
- 2.9-
FINAL
Iij k\rea I ty\piedm tba.doc06/ 14/02
Doc# 2002157654
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
ACKNOWLEDGMENT
STATE OF ARKANSAS)
)ss
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 -v)uij H. PjC,.kerjCQ.jr9 and
, being the person or persons authorized by said corporation to
execute such instrument, stating their respective capacities in that behalf, to me
personally well known, who stated that they were the Pre..a,deri+ and
of the PHASE III, INC. 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
A S day of _!Ijl-L- , 2002.
:t
OFFICIAL SEAL
KIMBERLY D. MOORE
NOTARY PUBLIC - ARKANSAS
PULASKI COUNTY
My Commission Expires- 329-2010
(SEAL)
My commission expires:
FINAL
Itj k\re a I ty\p i edmtba. doc06/ 14/02
. -)
NOT Y PUB C
-30-
Doc# 2002157654
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 WHEREOF, I have hereunto set my hand and seal on this
_ day of ( 1,u l , 2002.
c
Notary P blic
MY COMMISSION EXPIRES:
ENOTARY
FFICIAL SEAL
ERLY D. MOORE
PUBLIC - ARKANSAS
LASKICOUNTY
ssion Expires: 3-2B-2010
-31-
FINAL
hj k\rea I ty\p iedmtba.doc06/ 14/02
City of Lithe Rock _ Civil Engineering Division
/f Department of 701 West Markham
Public Works UtHe Rock, Arkansas 72201-1300
371-4311 Fax 371-4460
CIVIL ENGINEEVJNG RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN 3
BE ISSUED CNE V,4 u you �Y �• �5 / e I.5 —ZT, l3/•c
nn ,(0�5 3Z—¢G, ,a1e-61 j
IJe�'H'�..,4 Qr//,f J- p f ?Ar4-o� 7�Xx� ",(� G�GNiv— ✓•%NS�nr ,Gi.wA sv
SIGNED BY ENGINEER // J
SIGNED BY SURVEYOR
SIGNED BY 911 ADDRESS COORDINATOR 5
DXF. DISKETTE PLAT ge
DXF DISKETTE STORM DRAIN r4ee
REMARKS
J