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HomeMy WebLinkAboutS-1557 Applicationr PINNACLE VALLEY COURT AN ADDITION TO THE CITY OF LITTLE ROCK DECLARATION OF COVENANTS AND RESTRICTIONS ST. PAT PROPERTIES, LLC TO THE PUBLIC 2907006861 01/24122007 89:,22e26 AM Filed K Recorded in Official Records of PAT O'BRIEH PULASKI COUNTY CIRCUITICOUNTY CLERK Fees $89.90 This Declaration of Covenants and Restrictions is made this Z 3 day of 6AO 2007, by St. Pat Properties, LLC (hereinafter called "Developer"), a limited liability company established under the laws of the State of Arkansas. WITNESSETH: WI AREAS, Developer is the present owner of the real property located in Pulaski County, Arkansas, more particularly described on Exhibit A attached hereto and as hereinafter defined (the "Property"); and desires to create a community with common facilities and amenities to be known as Pinnacle Valley Court; and WHEREAS, Developer deems it desirable to create Pinnacle Valley Court Property Owners Association, an Arkansas nonprofit corporation ("the Association"), to own, maintain, and administer the Common Properties (as hereinafter defined), to administer and enforce the Covenants and Restrictions (as hereinafter defined) imposed on the property to which the Covenants and Restrictions are made applicable, and to collect, hold, and disburse the charges and assessments hereinafter provided for, all in order to protect and enhance the value of the homes and lots, or building lots, and in order to insure the residents' enjoyment of the Common Properties; and h . 1 WI-IEREAS, Developer intends that every Owner (as hereinafter defined) of a Residential Unit (as hereinafter defined) which is made subject to this Declaration does automatically and by reason of such ownership and this Declaration become a member of the Association and become by ownership subject to the rules, regulations and assessments made by the Association; NOW, THEREFORE, Developer declares that the property which is made subject to this Declaration pursuant to Article 2 hereof shall now and hereafter be held, transferred, sold, conveyed, owned and occupied subject to the Covenants and Restrictions hereinafter set forth, and all additional covenants and restrictions in supplemental plats and bills of assurance, all of which are for the purpose of enhancing, preserving and protecting the value, desirability, natural resources, natural beauty and attractiveness of such property. Such Covenants and Restrictions are part of, and constitute a unified, interdependent plan for ownership, use, maintenance, and development. These Covenants and Restrictions shall run with the land, and shall be binding on all parties having or acquiring any right, title, or interest in such property or any part thereof and shall inure to the benefit of each Owner thereof. These Covenants and Restrictions shall be filed in the permanent real estate records of the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas and such filing shall constitute notice to the world of the existence and binding nature of these Covenants and Restrictions. Each and every deed of conveyance for any lot or tract in Pinnacle Valley Court describing the same by the number or numbers as shown on the filed plat for such property shall always be deemed a sufficient description thereof. 2 ARTICLE I DEFINITIONS The following terms, when used in this Declaration of Covenants and Restrictions for Pinnacle Valley Court, an Addition to the City of Little Rock, unless the context shall clearly indicate to the contrary, shall have the following meaning: A. "Association" shall mean and refer to the Pinnacle Valley Court Property Owners Association, Inc., a nonprofit Arkansas corporation, its successors and assigns. B. "Common Properties" shall mean and refer to those areas of land and easements, together with all structures and facilities now or hereafter constructed thereon, conveyed or to be conveyed to the Association, which shall be devoted to the common use and enjoyment of the Owners of the Property. Common Property shall specifically mean the area of land known as Tract 1 that contains the storm water detention area and structure, the subdivision sign located at the entrance of the subdivision, and the fencing (columns included) located along the rear of Lots 1 through 15 and the sides of Lot 1, 15, 16, and 24. C. "Covenants and Restrictions shall mean and refer to all covenants, restrictions, easements, charges, and liens set forth in the Declaration or set forth on the Plats and Bills of Assurance recorded in conjunction with the subdivision and development of the Property. D. "Developer" shall mean and refer to St. Pat Properties, LLC, a limited liability company under the laws of the State of Arkansas, its successors and assigns. E. "Development Documents" shall mean and refer to the Articles of Incorporation of the Association, the Bylaws of the Association, and all plats, bills of assurance, covenants and restrictions applicable to the Property. F. "Development Plan" shall mean and refer to the plan or plans as proposed, amended, or changed from time to time, by Developer for the development of the Property and any additional property added to jurisdiction of the Association pursuant to Article 2 of this Declaration. G. "Manager" shall mean and refer to any Person or Persons with whom the Association contracts for the day-to-day administration and operation of the Common Properties. H. "Owner" shall mean and refer to the record owner, whether one or more Persons by purchase, transfer, assignment, devise or foreclosure of a fee or undivided fee interest in any portion of the Property, or any later added property which may hereafter come under the definition of Property pursuant to this Declaration, including contract buyers who reside on the Property, but excluding those having an interest merely as security for the performance or payment of an obligation. I. "Person" shall mean and refer to any natural person, corporation, partnership, limited partnership, limited liability company, joint venture, association, trust, or any other such entity. J. "Property" shall mean and refer to the real property described on Exhibit A attached hereto and made a part hereof, and as further defined in Article 2 hereof, which is now or may hereafter be made a part of Pinnacle Valley Court, an Addition to the City of Little Rock, including any additional real property which may be added to the 0 jurisdiction of the Association pursuant to the provisions of Article 2, Section 2 of this Declaration. K. "Residential Unit" shall mean and refer to each single-family detached house and each platted single lot subdivided by filed plat intended for and suitable for construction of a single-family detached residence prior to the commencement or completion of construction on such lot located in Pinnacle Valley Court, an Addition to the City of Little Rock, or otherwise subject to the jurisdiction of the Association, but shall not include any part of the Common Properties or dedicated streets. ARTICLE 2 PROPERTY SUBJECT TO DECLARATION Section 1. Property Covered by This Declaration. The real property described on Exhibit A shall be held, transferred, sold, conveyed and occupied subject to this Declaration. Section 2. All Owners Bound. All Property bears the burdens and enjoys the benefits of this Declaration. All Owners shall be deemed by reason of taking record title to a portion of the Property to agree to all of the terms and provisions of this Declaration. Section 3. Additions Limited to Developer. Unless Developer consents in writing, no one other than Developer may subject additional lands to this Declaration or extend the benefits of the Association to any person except those described herein. ARTICLE 3 THE ASSOCIATION: AUTOMATIC MEMBERSHIP AND VOTING RIGHTS THEREIN Section 1 _ The Association. Developer has caused to be formed and incorporated under the laws of the State of Arkansas, pursuant to Articles of Incorporation filed on 2007, a nonprofit Arkansas corporation entitled Pinnacle Valley Court Property Owners Association, Inc. Section 2. Membership. The Association is a mandatory association whereby every Owner is and shall automatically be a member of the Association; provided, however, that any Person who holds an interest in the Property merely as security for the performance or payment of an obligation, shall not be a member of the Association. Section 3. Governance. The Association shall be governed by its Articles of Incorporation and Bylaws. Section 4. Voting Rights. Except in electing the Board of Directors, the Association shall have two classes of membership as provided in the Articles of Incorporation, to -wit: A. Class A. Class A members shall all be Owners, with the exception of Developer. Each owner shall be entitled to one vote for each Residential Unit in which the Owner holds the interest required for membership by Section 2 of this Article and upon which the Owner shall not be delinquent in the payments of assessments; provided, however, when more than one person holds such interest or interests in any Residential Unit, all such persons shall be members and the vote for such m Residential Unit shall be exercised as they among themselves shall determine, but in no event shall more than one vote be cast with respect to any such Residential Unit. B. Class B. Developer shall be the sole Class B member. Such member shall be entitled to three memberships, and three votes, for each lot or Residential Unit in which it holds an interest. Class B memberships shall cease and be converted to Class A memberships upon the happening of any of the following events, whichever occurs earlier: 1. When the total votes outstanding in the Class A membership equals the total votes outstanding for the Class B memberships. 2. December 31, 2035. 3. When Developer files an election to terminate the Class B memberships. ARTICLE 4 THE COMMON PROPERTIES; THE DEVELOPER'S DUTY TO CONVEY; MEMBERS' RIGHTS IN THE COMMON PROPERTIES Section 1. Conve ance of Common Pro erties. Developer hereby covenants with the Association to convey to the Association, and the Association covenants with Developer to accept property designated as common areas as shown and described on plats of Pinnacle Valley Court, an Addition to the City of Little Rock. In addition, Developer shall convey such other real property and assets as it my deem to be in the best interest of the Association for the use and enjoyment of the members of the Association, 7 and Developer may assign to the Association any contractual or any other rights it my have which Developer, in its sole discretion, determines would be of benefit to the Association for the continued enjoyment and security of the Owners with respect to the Property and the Common Properties. Section 3. Extension of RighLts and Benefits. Every member of the Association shall have the right to extend the right and easement of enjoyment under this Article 4 to the Common Properties to each tenant and to each family or household member who resides in the Residential Unit and to such other persons as may be permitted by the Association's Board of Directors. ARTICLE 5 ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation for Assessments. Each owner, by acceptance of a deed or other conveyance of any portion of the Property, shall be deemed to covenant and agree to pay to the Association: (a) annual assessments and charges, and (b) special assessments. Such annual and special assessments shall be fixed, established and collected from time to time as hereinafter provided and as set forth in the Articles of Incorporation and Bylaws of the Association. The annual and special assessments, together with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on the land, shall be a continuing lien upon the property against which each such assessment is made, and shall also be the personal obligation of the Person who is the record Owner of the property at the time the assessment fell due. Section 2. Subordination. A. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage placed on any such Residential Unit in connection with its purchase. Sale or transfer of any property subject to the charges and liens herein created shall not affect any preexisting assessment lien, except in the case of a sale or transfer of any Residential Unit pursuant to the foreclosure of a purchase money first mortgage, or any bona fide proceeding in lieu thereof, which proceedings shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. The Association shall have the right to foreclose its lien or obtain judgment for assessments due in such foreclosure suit. No such sale or transfer shall relieve the subject property from liability for any assessments thereafter becoming due or from the continuing lien thereof. The board shall notify the first mortgagee, upon request, of any default in the performance by the individual Owner of any obligation under this Declaration or the Development Documents which is not cured within sixty days after the Due Date. B. The subordination created herein is merely a subordination and shall not relieve the Owner of the personal obligation to pay all assessments and charges arising or coming due while the Owner owns such property; and no sale or transfer of such property to the mortgagee or to any other Person pursuant to a decree of foreclosure shall relieve any existing or previous Owner of the personal obligation for any assessments or charges authorized in this Declaration. E Section 3. Exempt Property. Common Properties, properties dedicated to the public or any political subdivision, or for public use, and Property which is not yet platted and subdivided shall be exempt from assessment by the Association. ARTICLE 6 ARCHITECTURAL CONTROLS Section 1. DesiUiation of Architectural Control Committee. The Association shall have an Architectural Control Committee, consisting of at least three and not more than five members who shall all be natural persons. The members of the Architectural Control Committee, and all vacancies, shall be appointed by Developer so long as Developer shall own at least 10% of the Property. Once Developer no longer owns at least 10% of the Property, the members of the Architectural Control Committee, and all vacancies, shall be appointed by the Board of Directors of the Association. Section 2. Function of Architectural Control Committee. No building, living unit, fence, wall, parking areas, driveways, swimming pools, poles, lakes, ponds, drainage facilities, tennis courts, basketball courts, or other structure shall be commenced, erected, or maintained, and no alteration or repainting in a different color or style to the exterior of any of the above shall be made and no significant landscaping performed upon the Property, nor shall any exterior addition to or change therein be made unless complete plans, specifications, and site plans showing the exterior design, nature, kind, shape, height, color scheme, building materials, and location of the same, the location and size of driveways, the general plan of landscaping, facing of such improvements with respect to existing topography, fencing, walls and windbreaks, the 10 grading plan, and any other requested materials shall have been submitted to and approved in writing by the Architectural Control Committee. This provision shall not apply to Developer in the construction or maintenance of living units, landscaping, fencing, or other improvements which it undertakes in the Property and Common Properties. Section 3_ The Basis of Approval. The Architectural,Control Committee shall evaluate all submissions on the individual merits of each application, subject to such site development and architectural guidelines which the Committee may from time to time adopt. The site development and architectural guidelines may change from time to time, but they shall at all times be in conformity with, and be subject to, the covenants, restrictions and requirements of this Declaration. Approval of plans and specifications shall be based on, among other things, adequacy of site dimensions, structural design, conformity and harmony of external design and of location with neighboring structures and sites, preservation of existing wooded landscape, relation of finish grades and elevations to neighboring sites, and conformity to both the specific and general intent of the. protective covenants. Enclosed garages shall be required; however, the Architectural Control Committee may, it its sole discretion, approve or disapprove an open carport if it is located behind the residence it serves and if the open carport is not visible from the streets adjoining the residence. The plans and specifications to be submitted and approved must include the following unless waived by the Architectural Control Committee: 11 (a) A topographical plat showing existing contour grades, the location of all improvements, including structures, walks, driveways, fences, walls, patios and decks. (b) Exterior elevations. (c) Exterior materials, colors, textures, and shapes. (d) Structural design plan. (e) Landscaping plan, if applicable. (f) Driveway plan. (g) Utility connections. (h) Exterior illumination location. Section 4. Architectural Guidelines. The Architectural Control Committee may establish certain site development and architectural guidelines. All plans and specifications will be evaluated under the site development and architectural guidelines then in force and effect. The Architectural Control Committee may approve exceptions to the site development and architectural guidelines then in force by a majority vote. The current site development and architectural guidelines shall be available for inspection by all Owners at the office of the Association. Section 5. Action by Committee. A majority vote of the Architectural Control Committee shall be required for the approval or disapproval of said plans and specifications. In the event said Committee fails to approve or disapprove any such plans and specifications within thirty days after said plans and specifications have been submitted to it, approval shall be deemed to be granted and compliance with this Article shall be presumed. Nothing herein contained nor the required consent of the 12 Architectural Control Committee shall in any way be deemed to prevent any of the owners of property in Pinnacle Valley Court from maintaining any legal action relating to improvements within Pinnacle Valley Court which they would otherwise be entitled to maintain. There shall be no separate compensation to Developer for architectural review services to be performed pursuant to this provision. The Developer may be compensated for any other services rendered. Section 6. Limitation on Liabilily. Under no circumstances shall the Developer, the Architectural Control Committee, the Association or their agents, employees, members or directors ever be liable to any person for any action or failure to act, for negligence, mistakes, misfeasance or malfeasance in connection with the performance of any of the duties of the Architectural Control Committee. ARTICLE 7 GENERAL Section 1. Dyty of Maintenance. All Owners and occupants (including lessees, contract buyers, builders, residents, and construction workers) of any part of the Property shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep the exterior portion of the Property so owned, occupied, or used, including buildings, improvements, structures, and grounds in a well -maintained, safe, clean and attractive condition at all times. Maintenance included, but is not limited to, the following: (a) Prompt removal of all trash, litter, refuse, yard waste, debris, unused building materials, and waste. 13 (b) Lawnmowing. (c) Tree and shrub pruning. (d) Watering of landscape. (e) Keeping exterior lighting and mechanical facilities in working order. (f) Keeping lawn and garden areas alive, free of weeds, and attractive. (g) Keeping parking areas, driveways, and roads in good repair. (h) Complying with all governmental, health, and police requirements. (i) Repainting the exterior of improvements when necessary. 0) Repairing damages to exterior of improvements. Section 2. Enforcement. If, in the opinion of the Board of Directors of the Association, any Owner or occupant has failed in any of the foregoing duties or responsibilities, then the Board of Directors or its designee may provide written notice of such failure, giving the Owner or occupant at least ten days from receipt of such notice to perform or initiate and continuously pursue the care and maintenance required. Should any such person fail to fulfill this duty and responsibility within the ten-day period, then the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform needed care and maintenance without any liability for damages for wrongful entry, trespass, or otherwise to any person whatever. The Owner of any part of the Property on which work is performed by the Association shall be personally liable for the cost of the work and shall promptly reimburse the Association for all such cost. If the Association has not been reimbursed within thirty days after invoicing such amount to the respective Owner, the indebtedness shall be a debt of such 14 delinquent Owner and shall constitute a lien against said Owner's Residential Unit. This lien shall have the same attributes as the lien for assessments and special assessments set forth in Article 5 herein, and the Association shall have identical powers and rights in all respects, including but not limited to the right of foreclosure. Section 3. Common Scheme Restrictions. In accordance with the maintenance requirements imposed on the Owners and occupants hereunder, the following restrictions are also imposed with regard to the Property and Common Properties for the benefit of each of the Property and Common Properties and may be enforced by the Association or the Owners of any of the Property through any remedy available at law or in equity: (a) No garbage, refuse, rubbish, tree limbs, pine straw, leaves, or cuttings shall be deposited on any street road, or upon any of the Common Properties nor on the exterior of any Residential Unit or lot unless placed in a container suitable for pickup by municipal collectors. (b) No building material of any kind or character shall be placed upon any of the Property except in connection with construction approved by the Architectural Control Committee. Construction shall be promptly commenced and diligently prosecuted. All construction sites must be kept clean and orderly, free of trash, construction waste and scrap materials. (c) No clothes lines or drying yards shall be kept or allowed on the Property or Common Property. Service yards, wood piles and storage areas shall be allowed only if located so as not to be visible 15 from a street, road, or any of the Common Properties. Recreation equipment such as volleyball and badminton nets must be stored when not in use for an extended period of time. (d) Any exterior lighting installed on any Residential Unit or on any of the Property shall either be indirect or of such controlled focus and intensity as not to disturb neighboring Owners or adjoining Property. (e) No animals, livestock, or poultry of any kind shall be raised or kept on the Property or Common Properties, except a reasonable number of fully domesticated ordinary household pets, in accordance with local ordinances, shall be allowed for each Residential Unit, provided that they are not kept or maintained for commercial purposes. Pet facilities and enclosures shall be allowed only in the rear yard of any lot and must be constructed subject to any setback requirements. Any chain link fencing materials must be painted black or coated with black plastic. All pet facilities must be kept clean and maintained in a manner which prevents insect infestations and odors. (f) Except for subdivision identification signs and informational, interpretive or directional signs placed by the Developer or Association, no signs, posters, plaques, address markers, or communications of any description shall be placed on the exterior of any structure or placed or permitted to remain on any part of 16 the Property or Common Properties unless previously approved by the Architectural Control Committee. The size, style, construction and placement of all mailboxes shall be subject to the prior review of the Architectural Control Committee. No mailbox shall be erected unless first approved by the Architectural Control Committee. (g) As to commercial signs, only one free-standing construction sign and one realtors' sign will be permitted at any Residential Unit during construction, except on corner lots, where two (2) of each shall be permitted. No signs of any type shall be attached to trees or shrubs. All permitted signs must be erected on posts or stakes. (h) Except for authorized maintenance, no motor vehicles or any type shall be allowed on the pedestrian trails, greenbelts, open spaces, or other pedestrian areas. (i) No used, previously -erected or temporary house or structure, no modular or prefabricated house, no house trailer or non -permanent outbuilding shall be allowed to be placed, erected, or allowed to remain on any of the Property or the Common Properties. No houses or portions of houses shall be moved to or placed on the Property. No log houses, geodesic domes, hexagonal or octagonal homes or other similar structures shall be allowed to be placed, erected or allowed to remain on any of the Property or the Common Properties. 17 (j) No inoperative, disassembled or junk vehicle of any kind, and no commercial vehicle, trailer, camper, camp truck, house trailer, boat, or other machinery or equipment (except machinery and and equipment as may be reasonable and customary in connection with the use and maintenance of any improvements located upon the Property and except for such equipment and machinery as the Association may require in connection with the maintenance and operation of the Common Properties) shall be kept upon the Property, nor (except for bona fide emergencies) shall the repair or extraordinary maintenance or automobiles or other vehicles be performed on any of the Property. This restriction shall not apply to vehicles, trailers, boats, machinery, equipment or the like stored and kept within an enclosed storage room or garage. The Association may, at the discretion of its Board of Directors, consider whether to provide and maintain a suitable area designated for the parking of such vehicles. (k) The area of each lot and the width of each lot at the front building line shall be specified by Developer for each phase of the addition in accordance with the supplemental plat and bill of assurance filed for each phase. (1) No lot shall be subdivided unless the written consent of Developer, the Architectural Control Committee, and the Little Rock Planning Commission is first had and obtained, and any required 18 action by the Association is taken, such as an approved plat amendment. (m) No principal residential structure shall be constructed or permitted to remain on any lot platted hereby as Pinnacle Valley Court, unless the main floor area thereof, exclusive of porches, patios, carports, garages and breezeways meets the minimum standard set forth in the supplemental plat and bill of assurance filed in conjunction with such lot. The term "main floor" as used in this paragraph shall include living, dining and sleeping areas, which areas may be on different levels. This restriction shall be specified by Developer for each lot in each phase of the addition in accordance with the supplemental plats and bills of assurance filed for each phase. (n) No poles, towers, or similar structure of any kind, including but not limited to any radio or television antenna or tower, shall be built or permitted to remain upon any lot. (o) No trailer, tent, shack, garage, garage apartment, hutment, barn, structure of a temporary character, or outbuilding of any kind on said land shall at any time be used or occupied as a residence, temporarily or permanently. (p) No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, ashes or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything ever be 19 done which may be or become an annoyance or nuisance to the neighborhood. (q) Except for signs used by Developer or a builder to advertise the Property during construction, only one sign per lot not exceeding five (5) square feet in area may be displayed advertising the Property for sale or rent. All permitted signs must be erected on posts or stakes. (r) No fence, wall, hedge, or shrub planting which obstructs sight line at elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or, in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitation shall apply on any lot within ten (10) feet from the intersection of the street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such intersection unless the foliage lines maintained at sufficient height to prevent obstruction of such sight lines. (s) No fence, wall, or hedge shall be permitted to extend beyond the established minimum front building setback line or from the side yard building line to the street on corner lots unless specifically approved by the Architectural Control Committee. It is not the 20 intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard. (t) Chain link or other similar fences are strictly prohibited and shall not be used under any circumstances except for use as pet enclosures as set forth in subparagraph (e). Picket fencing of appropriate color, size, design and location may be utilized if approved in advance by the Architectural Control Committee. All other types of fencing are not allowed on the Property or the common areas. The design, construction and material of any fence or wall must be submitted for consideration by the Architectural Control Committee in the same manner as provided in Article 6 hereinabove for Architectural Control. (u) All dwellings and other structures erected upon any lot as a residential dwelling shall be served by all public utilities, including public sewer, if available to such lot. (v) No building, fences, paved driveways or any other permanent structure or improvement of any kind, whether herein specifically enumerated or not, shall be built or maintained within the area of any of the easements and no alteration including grading, filling, excavation or other site work may be done within the area of any of the easements shown on the plat which may damage or interfere with the installation and maintenance of utilities or which may 21 change the direction of flow of drainage channels, or which may obstruct or retard the flow of water through drainage channels; and, in the event any such obstruction is placed thereon in violation of this restriction and reservation, no public authority will be liable for destruction of same in maintaining or repairing its lines located within the area of said easement. Easements, including drainage channels, shall be mowed and generally maintained by the owner of the lot over which the easement or drainage channel is platted except for improvements installed in those easements for which a public authority or utility is responsible. (w) No concrete, asphalt or other obstruction shall be placed in the street gutters. Curbs may be broken at driveways and driveway grades lowered to meet the gutter flow line or not more than two (2) inches above said flow line. (x) No satellite receiver dish ("dish") shall be erected, placed or maintained on any lot, except that dishes not larger than eighteen (18) inches in diameter may be allowed if attached to the back of served dwelling and if approved by the Architectural Control Committee. Only one dish will be permitted on any one lot and each dish shall be neutral in color, have no advertising on any surface and shall be out of view from adjoining properties. These restrictions shall be cumulative and in addition to any municipal 22 or governmental restrictions and requirements. ARTICLE 7 GENERAL PROVISIONS Section 1. Noxious Activity. No load disturbing, unsanitary, dangerous, hazardous, noxious or offensive trade or activity shall be carried on upon the Common Properties or any portion of the Property. Nor shall any annoyance or nuisance created or sustained by any Owner upon the Property or Common Properties be tolerated or permitted. Section 2. Duration. The Covenants and Restrictions of this Declaration shall run with and bind the Property, shall be and remain in effect, and shall inure to the benefit of and be enforceable by the Association or the Owners of any of the Property, their respective legal representatives, heirs, successors and assigns until December 31, 2035. Said Covenants and Restrictions may be renewed and extended, in whole or in part, beyond said term for successive periods not exceed ten years each if an agreement for renewal and extension is signed by members of the Association then entitled to cast at least 50% of the votes of the Association and is filed for record in the office of the Circuit Clerk and Recorder for Pulaski County, Arkansas, at least 180 days prior to the effective date of such renewal and extension; provided, however, that each such renewal agreement shall specify which of the Covenants and Restriction are so renewed and extended and the term for which they are so renewed and extended. Every purchaser and grantee of any interest in any of the Property by acceptance of a deed or other 23 conveyance thereof, thereby agrees that the Covenants and Restrictions of this Declaration may be renewed and extended as provided herein. Section 3. Notices. Any notice required or permitted to be sent to any member pursuant to any provision of this Declaration may be served by depositing such notice in the mails, postage prepaid, addressed to the member or Owner to whom it is intended at the Owner's last known place of residence and such service shall be deemed sufficient. The date of service shall be the date of mailing. Section 4, Assignability. Notwithstanding any other provision herein to the contrary, Developer shall at all times have the right to fully transfer, convey and assign all of its right, title, interest, and obligations under the Declaration provided that such transferee, grantee, or assignee shall take such rights subject to all of the Covenants and Restrictions contained herein, and in such event the transferee shall be deemed to be the Developer. Section 5. Severability. 1 iwalidation of any of the covenants, restrictions, requirements, provisions, or any part thereof by an order, judgment, or decree of any court, shall in no way affect any other provisions of this Declaration, which shall remain in full force and effect. Section 6. Amendment. The Covenants and Restrictions of this Declaration may be amended, modified, extended, changed, or cancelled, in whole or in part, at any time by a written instrument signed and acknowledged by the holder or holders of at least 50% of the votes of the members of the Association then entitled to be cast; provided, however, that any such amendment must be in full compliance with all applicable laws 24 and regulations, including the zoning ordinances applicable to Pinnacle Valley Court Addition to the City of Little Rock, and shall not become effective until the instrument Evidencing the change has been duly filed for record in the office of the Circuit Clerk and Recorder of Pulaski County, Arkansas. Further, such instrument shall not be effective unless written notice of the proposed amendment is sent to every voting member at least thirty days in advance of any action taken. Every purchaser or grantee of any interest in any of the Property by acceptance of a deed or other conveyance thereof, thereby agrees that the Covenants and Restrictions of this Declaration may be amended as provided herein. Section 7. Execution and Counterparts. This Declaration may be executed in any number of counterparts with the same effect as if all parties had all signed the same documents. All counterparts shall be construed as and shall constitute one and the same agreement. IN WITNESS WHEREOF, Developer has hereunto set its hand this . 2 3 day of '� ICI' 12007. ATTEST Keith A. Wingfield, Acting Secretary ST. PAT PROPERTIES, LLC B � , y Patricia L. Wingfield, Manager/Member C@gUITEa i'j w]9 Ci ;+Ci I }t 3 i~LC'j:^.?illSiw 1 f ::3�'. Wit?$. Bil, �f Asnouwan a praviv cn3 ca? bL .�µ C:� GTu�'18:C�^uP R�� £`nCiti7.'� Triiii?TiJf; l €c"LllI�J^.R3 Ci Utib Sock subdVi ion and z.-tying CRY of Fade Rcck Planning rm�ssior, —~ 3�-3 1-0-0'7 25 6.YI17a��MOM-1IN1AA06T.-I ! COUNTY OF PULASKI ACKNOWLEDGEMENT BE IT REMEMBERED that on this day come before me the undersigned, a Notary Public, within and for the county and state aforesaid, duly commissioned, and acting Patricia L. Wingfield to me well known as the Manager of Grantor(s) in the foregoing instrument and acknowledged that ST. P kT PROPERTIES, LLC had executed the same for the consideration, uses and purposes therein mentioned and set forth. Witness my hand and seal as such Notary Public this J� day of MG &i , 2007. My commission Expires: Notary Public [SEAL] 5r PLAT AND BILL OF ASSURANCE PINNACLE VALLEY COURT ST. PAT PROPERTIES, LLC TO THE PUBLIC KNOW ALL BY THESE PRESENTS: 2007006862 01/24/2087 89:22:27 AN Filed & Recorded in Official Records of PAT 01BRIEN PULASKI COUNTY CIRCUITICOUNTY CLERK Fees s4lr B@ That St. Pat Properties, LLC, hereinafter called Developer, is the owner of the following property: A tract of land in Section 18, T-2-N, R-13-W, Little Rock, Pulaski County, Arkansas, consisting of 7.3 acres more or less, more particularly described as part of the W %2, SW V2, north and east of Pinnacle Valley Road, beginning at the NE corner N 89* 14', W 662.1', S 193.7' to the N line of Pinnacle Valley Road, SE on R/W to intersection of E line, N 849' to beginning. WHEREAS, it is deemed desirable that all of the above described property be subdivided into building lots, tracts, and streets as shown on the plat filed in conjunction with this Bill of Assurance; and 1 WHEREAS, the aforementioned property is part of the real property which is subject to a Declaration of Covenants and Restrictions filed on JA-r in the office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, as G 10 which Declaration of Covenants and Restrictions established a community of common facilities and amenities known as Pinnacle Valley Court; and WHEREAS, it is deemed desirable that all of the above described property be subdivided, held, owned and conveyed subject to the covenants and restrictions contained in The Declaration of Covenants and Restriction, as amended, and subject also to the easements, reservation and restrictions shown on the Plat which is file din conjunction herewith, and subject also to the protective covenants contained in this bill of assurance in order to enhance the value of such property. NOW, THEREFORE, Developer has caused the Property to be surveyed by Central Arkansas Engineering, Registered Land Surveyors, and a plat thereof made which is identified by the title Pinnacle Valley Court, Little Rock, Arkansas, and the date ,)A-J ?- 3 Z a , and said plat bears the signature of the said Land Surveyor and the said Developer, and bears a Certificate of Approval executed by the Little Rock Planning Commission and is of record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas in Plat Book 14 " / and Developer does hereby make this Bill of Assurance applicable to such Property. 0a Developer does hereby certify that it has laid off, platted, and subdivided, and does hereby lay off, plat and subdivided said real estate known as Pinnacle Valley Court, an Addition to the City of Little Rock, Pulaski County, Arkansas, and each and every deed of conveyance for any lot or tract in said Addition describing the same by the number or numbers as shown on said plat shall always be deemed a sufficient description thereof. Developer hereby dedicates to the public forever an easement of way on and over the streets as shown on said plat to be used as public streets. In addition to the said streets, there are shown on said plat certain easements, including easements for drainage and utilities. Developer hereby donates and dedicates such utility easements to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water and sewer, with the right hereby granted to the persons, firms, or corporations engaged in the supplying of such utility services to use and occupy such easements and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. Any and all other easements and reservation shown on the Plat, such as easements and reservations for entry facilities, signs, landscaping, ingress and egress, fencing, and the like, are also hereby dedicated and donated to and for the use of Pinnacle Valley Court Property Owners Association, Inc. 3 The filing of the Plat and Bill of Assurance for record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, shall be valid and complete delivery and dedication of the streets and easements shown on said plat and the streets in said Pinnacle Valley Court shall be known by the manes designated on said plat. Said land herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the covenants of the Declaration of Covenants and Restrictions establishing Pinnacle Valley Court. In addition, the following covenants and restrictions shall also apply, subject to being amended or cancelled as hereinafter provided, and shall be and remain in full force and effect until January 1, 2035. 1. LOT AREA AND WIDTH No residence shall be erected, altered, or permitted to remain on any lot covered by this Bill of Assurance and shown on the plat referenced herein if the area of the lot is less than 5,000 square feet. No lot shall be subdivided without the written consent of the Developer and of the Little Rock Planning Commission first had and obtained. 2. LAND USE AND BUILDING TYPE. Said land herein platted as lots shall be held, owned and used only for residential building sites. No structure shall be erected, altered, placed or permitted to remain on such residential building sites other. than a detached single family dwelling, a private garage for the storage of passenger cars owned or used by residents, guest house, servant's quarters and other outbuildings clearly incidental and related to residential use of the premises. Any private garage on the site In shall be enclosed and shall be for a minimum of two cars. No such building site shall be used for commercial purposes. Such restrictions shall not prohibit the temporary maintenance of model homes for promotional purposes and sales offices by Developer or other professional builders. 3. MEV MUM PRINCIPAL DWELLING SIZE. No principal residential structure shall be constructed or permitted to remain on any of the lots platted hereby unless the heated and cooled space thereof, exclusive of porches, garages, and breezeways, shall be at least 1,600 square feet for single -story residences and 2,000 square feet for two-story or split-level residences. 4. ARCHITECTURAL CONTROL. All sides of any residence shall be 100% masonry unless otherwise approved by the Architectural Control Committee of Pinnacle Valley Court, as set forth more fully in The Declaration of Covenants and Restrictions. A minimum roof pitch of 8/12 is required on all principal residential structures. For purposes of this Bill of Assurance masonry products shall be considered to be brick, stone, or stucco. The Architectural Control Committee reserves the right to approve siding products necessary to complete dormers or other second floor projections. Selected siding products also may be used for first floor construction by submission to the Architectural Control Committee to meet certain architectural needs. These situations will be considered only if the siding product is necessary to feature an architectural style that is more appropriate with the use of siding rather than masonry, such as Craftsman style, Colonial, Saltbox, and French Country house or other approved architectural style. Only approved siding products will be allowed in these instances. Approved siding products are fiber cement siding and treated engineered wood siding equal to Smart Siding by Louisiana Pacific. Siding shall be painted with a coating equal to Durations Exterior Paint and Coating by Sherwin Williams and have a lifetime warranty, or an approved equal. No vinyl siding will be allowed. Soffits and eaves shall be vinyl or an approved equal. Fascia, brick friezes or other exposed exterior areas shall be aluminum or an approved equal. Other exterior products must be submitted to the Architectural Control Committee for approval. All plans and specifications must be submitted to the Architectural Committee prior to beginning of construction. The Committee will have seven days to respond to the submittal in writing to the builder. Should approval be withheld construction may not begin until approval is granted in writing. 5. BUILDING LOCATION. No building, fence, or wall shall be constructed on any lot nearer to the street than the building line and front setback lines shown on said plat. For the purposes of this restriction, eaves, steps, and open porches 0 shall not be considered a part of the dwelling. No residential structure shall be constructed nearer to the rear lot line than that allowed by the plat. Walls and fences shall be located on or inside the platted lot property and may not encroach on adjoining lots. No building may be located on any lot beyond the side set back line established by the Plat. This requirement will be strictly enforced as this subdivision is platted as a Zero -lot line subdivision. 6. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot corners and points of curve, and all curve date shown on the plat referenced herein is centerline curve data. In the event of minor discrepancies between the dimensions or distances shown on the Plat and the actual dimensions or distances as disclosed by the established pins, the original pins as set shall control. 7. TEMPORARY CONSTRUCTION EASEMENT. Lots 1, 3-12, 14-16, and 18-23 have been platted as Zero -Lot line lots. As such, one side of the structure may be placed on the lot line. A temporary 5' wide construction easement is hereby granted each Zero Lot line owner for the adjacent lot next to the zero lot line. Said easement is only for the construction of the residence on the proposed lot. Each owner or builder must exercise extra care in maintaining the ground and surface along the lot line and must return the easement area to its original condition (as near as possible) at the conclusion of construction. Additionally, each of the Zero -Lot line lots is granted a 5' wide maintenance easement for the maintenance of the home structure. 7 8. PUBLIC UTILITIES. All dwelling and other structures erected upon any lot as a residential dwelling shall be served by all public utilities, including public sewer. 9. ENFORCEMENT. In the event of any attempt to violate any of the covenants or restrictions contained herein before the expiration date hereof, it shall be lawful for the Pinnacle Valley Court Property Owners Association, any appropriate governmental authority, or any person or persons owning a lot or lots in Pinnacle Valley Court Addition to initiate compliance procedures pursuant to the terms of The Declaration of Covenants and Restrictions, or to pursue any other lawful remedy. 10. AMENDMENT. This Bill of Assurance may be cancelled or amended in accordance with the terms set forth in The Declaration of Covenants and Restrictions. No amendment shall be effective unless and until duly enacted pursuant to to the terms of The Declaration of Covenants and Restrictions and properly filed for record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas. E 11. SEVERABILITY. The invalidation of any one of these covenants or restrictions by any court of competent jurisdiction or otherwise shall in no way affect any of the other provisions, which shall be independent and which shall remain in full force and effect. Executed this+day of J P� zo a ST. PAT PROPERTIES, LLC Patricia L. Wingfield Manager RVIattsd only for indssion of n*nlr u,.n required s y tV§9 014, d Utdo Rad(rubd€vision ripA ic;`s, ra #.3i€i r,#A��tiruriprovisio3s esW1sbod ty tia^ L= Ei40E� nray =zc: c^.d rtF,niimum reguiatlors of tho Udo Rout subdvision and xon€ng ordinancen. city of Uttle Rock Planning cc t"l ian- n". 'q 3, 1- c") 7 we STATE OF ARKANSAS COUNTY OF PULASKI ACKNOWLEDGEMENT BE IT REMEMBERED that on this day come before me the undersigned, a Notary Public, within and for the county and state aforesaid, duly commissioned, and acting Patricia L. Wingfield to me well known as the Manager of Grantor(s) in the foregoing instrument and acknowledged that ST. PAT PROPERTIES. LLC had executed the same for the consideration, uses and purposes therein mentioned and set forth. Witness my hand and seal as such Notary Public this ?�Lltay of j a" , 2007. My commission Expires: I , o Notary Public �.cccctr.� [SEAL] CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME PINNACLE VALLEY COURT INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared an sent. zfi _• ~� Engineering Specialist Date: 8 7 ADDRESSING SPECIALIST'S REPORT 1 h e vs e d fi that the street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: Certain improvements remain uncompleted and a punch list has been prepared and sent. Traffic Engineer CIVIL ENGINEER REPORT Date: I havereviewedthe file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied. y Civil Engineer I/II SURVEYOR'S REPORT I have reviewed the plat and find that: �� Il All require is for final plat approval have been satisfied. Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. V , � Date: i J�ZI Design Review Engineer/Civil Engineering Manager July 2005 Date: 1 / 2 2 07 Date: CENTRAL ARKANSAS ENGINEERING, PLLC 1012 Autumn Rd., Suite 2 Little Rock, Ar. 72211 Office: 501-227-4459 Fax: 501-227-3820 E-Mail: caengr@swbell.net Ms. Donna James, Subdivision Admin. City of Little Rock, Planning and Development 723 W. Markham St. Little Rock, AR Jan. 22, 2007 RE: Pinnacle Valley Court Subdivision Final Plat Dear Ms. James: Enclosed please find the proposed final plats signed by Entergy, Centerpoint, Southwestern Bell, Central Arkansas Water, and Little Rock Wastewater Utility, a check in the amount of $641.00 for filing of Final Plat and signs, and five copies of the Final Plat for your signature. With your signature we will file the plat and return to you 18 copies and 1 vellum copy. Thank you, Raymond Hickey City of Little Rock Planning and Development Filing Fees Date: !.- , 20 Annexation Board of Adjustment $ Cond. Use Permit/T.U.P. $ r $—A Final Plat Planned Unit Dev. $ I t�v Preliminary Plat Special Use Permit $ Rezoning Site Plans Street Name Change $�- — Street Name Signs �, y S— Number at ea. $ Public Hearing Signs Number -at -ea. $ Total $ �-60 File No. Location Appli By r r 4