HomeMy WebLinkAboutS-1572-A ApplicationCIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —GLEN ABBEY COURT LOTS 1-8
INSPECTOR REPORT
have de 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 and sent.
�r-Engineering Specialist Date: 11 lqloq
ADDRESSING SPECIALIST'S REPORT
I have revi ed the plat and f d that the street names and street configuration are acceptable. q ,�
�yta� Addressing Specialist Date: 1111"
TRAFFIC ENGINEER RE RT
I have reviewed the plat and find that:
V 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 and street lights.
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 Date: J 1 i1104�
CIVIL ENGINEER REPORT
I have reviewed the 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.
Civil Engineer I/II
SURVEYOR'S REPORT
I have reviewed the plat and find that:
,C All requirements for final plat approval have been satisfied.
Surveyor
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
Date: 1 j
Design Review Engineer/Civil Engineering Manager
February 2007
Date: I I Iq )Oci
Date:
Page 1 of 1
James, Donna
From: Jim Boyd Uim.boyd@lrwu.com]
Sent: Wednesday, October 28, 2009 8:44 AM
To: James, Donna
Cc: 'Randy Alberius'
Subject: FW: RE_PLAT.pdf
Replat of Lots 1 thru 8 Glen Abbey Court
Property has sewer service available and no additional easements are required by LRW.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR 72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
From: Randy Alberius [mailto:rsa-cas@swbell.net]
Sent: Tuesday, October 27, 2009 3:15 PM
To: Jim Boyd
Subject: RE_PLAT.pdf
Jim,
We are replatting Glenn Abbey Court Subdivision to move the lot lines
to conform to the demising walls between the units. We asking you to
review the plat and give us an email approval.
Thx,
Randy Alberius
Central Arkansas Surveying, Inc.
11708 Kanis Road
Little Rock ,AR 72211
501-416-0801: Cell
501-223-0497: Office
501-223-0496: Fax
rsa-cas@swbell.net: Email
10/28/2009
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110
2009074506 Received: 11/4/2009 12:11:26 PM
Recorded:-11/0412009 12:28:46 PM Filed &
Recorded in Official Records of PAT O'BRIEN.
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $155.00
This Instrument Prepared By:
Gill Elrod Ragon Owen & Sherman, P.A.
425 West Capitol Ave, Suite 3801
Little Rock, Arkansas 72201
FIRST AMENDED AND RESTATED
BILL OF ASSURANCE
AND
DECLARATION OF COVENANTS AND RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, CENTENNIAL BANK, f/k/a First State Bank (the "Developer") and the
undersigned owners of Lot 4 and Lot 5 of the Subdivision (as defined herein) are the sole owners of the
following described lands in the County of Pulaski, State of Arkansas (the "Real Property"), to -wit:
See EXHIBIT A attached hereto
WHEREAS, Chandler -Johnson Development, Inc. (the "Original Developer"), the Developer's
predecessor in interest to the Real Property, had such property subdivided into lots, blocks, tracts; and streets
pursuant to that Final Plat of Glen Abbey Court, City of Little Rock, Pulaski County, Arkansas dated May 15,
2007 and recorded in Plat Book I at Page 057 (the "Original Plat"), a copy of which is attached hereto as
EXHIBIT B;
WHEREAS, the Original Developer also caused to be recorded with the Original Plat that certain Bill of
Assurance Glen Abbey Court dated May 18, 2007 and recorded in the Circuit Clerk and Ex-officio Recorder of
Pulaski County, Arkansas as Instrument Number 2007041011 (the "Original Bill of Assurance"); and
WHEREAS, the Developer has acquired the Real Property, less and except a portion of Lot 4, from the
Original Developer and, along with the owner of the remainder of Lot 4 and the owner of Lot 5, such being all
of the owners of the Real Property, have caused the Real Property to be re -platted pursuant to that "Re -Plat of
Lots 1-8 Glen Abbey Court, City of Little Rock, Pulaski County, Arkansas recorded in the office of the Circuit
Clerk and Ex-officio Recorder of Pulaski County, Arkansas as LE I50 (the "Plat") and
desire to amend and restate the Original Bill of Assurance;
NOW, THEREFORE, WITNESSETH:
THAT the undersigned, being all of the owners of the Real Property do hereby amend and restate in its
entirety the Original Bill of Assurance by making this First Amended and Restated Bill of Assurance and
Declaration of Covenants and Restrictions (the "Declaration").
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AND, the Developer does hereby re -certify that the Real Property has been laid off, platted, and
subdivided in accordance with the Plat. The lands embraced in said Plat shall be forever known as "The Glen
Abbey Court."
There are strips of ground shown and dimensioned on the Plat marked "Utility and Drainage Easement"
and "Tract A" which are reserved and dedicated for drainage purposes 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, organizations or corporations engaged in the supplying of such
utility services to use and occupy such easements and to have free egress and ingress thereto and therefore for
the installation, maintenance, repair and replacement of such utilities services. That strip of ground shown and
dimensioned on said plat marked "Glen Abbey Court" shall also be reserved for the use of Lot owners and their
guests and invitees for the purpose of ingress and egress.
Hereafter, conveyance and description of any said lands by lot number as shown on the Plat shall be a
proper and sufficient description thereof.
The lots in said subdivision shall be sold and purchased by the buyers thereof and shall be held by all
Lot Owners, subject to the following covenants, to -wit:
1. The Lots shall only be used for residential purposes No dwelling shall be erected, altered, placed
or permitted to remain on any Lot other than: (a) one attached or detached single family dwelling not to exceed
two and one-half stories in height; and (b) an attached private garage for not less than one standard size
passenger motor vehicle, except that number 14 Glen Abbey Court will not have a garage. No carports are
allowed.
2. No building or fence is to be constructed on any lot nearer than the building line noted on the
Plat. Lots 1-5 shall be restricted and subject to a front setback line of 15 feet, and a rear setback line of 15 feet
except as provided below. Lots 6-8 shall be restricted and subject to a front setback line of 24 feet, and a rear
setback line of 19 feet except as provided below. Setback lines are measured from the edge of the property
lines of each Lot. Fronts of Lots are defined as that part of the Lot adjacent to the street right of way. If any
Lot fronts on two different streets or on the same street twice it is deemed to have two fronts. Developer retains
the right to make exceptions to building setback lines without notice in order to accommodate exceptional
circumstances and privacy needs of Lot Owners. Accessory structures related to residential use shall not be
located in front of a line formed by extending the rearmost line of the residence to the side Lot lines and shall be
located within this line and the side and rear yard setbacks.
3. No buildings, fences, incinerators, 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 (other than street or sidewalk easements) shown on the Plat; and, in the event any
such obstruction is placed thereon in violation of this restriction and reservation, no utility and/or public agent
will be liable for destruction of same in construction and maintaining its facilities located within the area of said
easement.
4. No fence, wall, hedge, or shrub planting or other obstacle that obstructs sight lines at elevations
of more than 30 inches above the roadways shall be placed or permitted to remain on any corner lot within the
triangular area formed by the street lines and a line connecting them at points 50 feet from the intersection of
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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 tree shall be
permitted to remain within such distances of such intersection unless the foliage line is maintained at a height of
8 feet to prevent obstruction of such sight lines.
5. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways, and
driveway aprons shall not extend past the face of the curb.
6. These covenants and restrictions are to run with the land and shall be binding on all parties and
all persons claiming under them for a period of 30 years from the date these covenants and restrictions are
recorded; after which time, said covenants and restrictions shall be automatically extended for successive
periods of 10 years, unless an instrument signed by a majority of the then owners of the lots has been recorded,
agreeing to change said covenants and restrictions in whole or in part.
7. Subject to Articles 18 and 8, these covenants and restrictions shall not be amended, canceled, or
supplemented unless an instrument signed by at least 80% of the owners of the aforesaid lots is placed on
record, agreeing to change the covenants and restrictions in whole or in part.
8. Subject to Articles 18 and 8, in the event of any attempt to violate any of the covenants or
restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning a lot or
lots in said addition to prosecute any proceedings -at -law or in -equity against the person or persons violating or
attempting to violate any such covenant or restriction, and either to prevent him or them from so doing or to
recover damages or dues for such violation.
9. The invalidation of any one of these covenants or restrictions by judgment or court order of any
court having jurisdiction shall in no way affect any of the other provisions, which shall remain in full force and
effect.
Developer hereby reserves in favor of itself, as the present or future owner of any real property adjacent
to the Real Property, and its successors -in -title, a perpetual non-exclusive easement for vehicular and pedestrian
ingress and egress over and across all roads and walkways now or hereafter located on the Real Property,
together with the right to construct paved roads on the Real Property to join existing roads so as to provide
access at all times to a public right-of-way from the benefited property; provided, however, any roads
constructed for the benefit of the adjoining property shall be constructed in such a manner as to not materially
interfere with the use and enjoyment of the Real Property by the Owners; further provided that any such roads
within the Real Property may be relocated by the Association if alternative access to a public right-of-way of
equal quality is provided to the benefited property.
By the acceptance of a warranty deed or any other instrument of transfer conveying a Lot, whether from
Developer, its successors or assigns, or from any Owner, each Owner, as herein defined, for himself, his heirs,
legal representatives, successors, assigns, and any other person or persons holding or occupying by, through or
under such Owner, and whether or not expressly stated therein, covenants, consents and agrees to and with
Developer and with all other Owners from time to time of a Lot, to have ratified and to be bound by, observe,
comply with and perform the covenants, conditions, reservations, restrictions, easements and limitations
contained in this Declaration and in the Articles of Incorporation, in the By -Laws and in the Rules and
Regulations of The Glen Abbey Court Subdivision Property Owners Association, Inc., the terms and conditions
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of which are incorporated herein by this reference, as such terms are hereinbelow defined, as each of the
aforesaid documents may lawfully be amended and/or supplemented from time to time.
ARTICLE I
DEFINITIONS
Unless the context provides to the contrary, capitalized terms not otherwise defined herein shall have the
following meanings:
Section 1.01 "Assessment" means a share of the funds required for payment of Common Expenses
which are, from time to time, assessed against Lot Owners by the Association.
Section 1.02 "Association" means The Glen Abbey Court Subdivision Property Owners Association,
Inc., a not -for -profit corporation duly organized under the laws of the State of Arkansas, acting on behalf of the
Lot Owners and/or their respective guests, invitees and/or lessees for the purpose of administering and
managing the Real Property, and all successors and assigns of said entity.
Section 1.03 "Board of Directors" means an executive and administrative body, by whatever name
denominated, designated as the governing body of the Association.
Section 1.04 "Common Expenses" means all expenses incident to .the administration, maintenance,
repair and replacement of the Common Property and the Association Lot Maintenance Areas and payment of
insurance premiums, including fire and casualty insurance on all Lots (if the Association determines to acquire
same), the Association Lot Maintenance Areas and the Common Property, and public liability insurance, after
excluding therefrom any and all expenses which are the responsibility of particular Lot Owners, and, in addition
thereto, all expenses determined by the Association to be Common Expenses. Common Expenses shall include
but not be limited to all grounds upkeep and maintenance, landscaping and related maintenance (including the
cost of any lawn irrigation system), sewer and water usage and service charges, and all Common Property
electricity, natural gas and other utility costs. The Association shall have the right to exclude from the
calculation of Common Expenses those expenses which are incident to a particular Lot and not to all Lots and
to assess such particular expenses to the Lot Owner(s) to which such expense relates.
Section 1.05 "Common Expense Sharing Ratio" means that fraction that, when multiplied against the
Association's annual operating budget, will result in the determination of each Lot owner's annual share of
Common Expenses. For the purposes of this instrument, the Common Expense Sharing Ratio of each Lot shall
equal twelve and one half percent (12.5%). The Developer reserves the right to amend and modify the per -Lot
ratios specified herein should the square footage of subsequently -constructed or subsequently reconfigured Lots
change, or should other objective and reasonable conditions require such a revaluation, including, without
limitation, that undeveloped Lots or Lots without Lot Improvements should not be assessed at the same ratio as
developed Lots or Lots with Lot Improvements, in which case a developed Lot or Lot with a Lot Improvement
may be assessed on a ratio determined with only Lots with Improvements as the numerator or such other
method as the Developer or the Association determines is equitable.
Section 1.06 "Common Surplus" means all income allocated or accrued by or on behalf of the
Association.
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Section 1.07 "Common Property" means all portions of the Real Property which are not otherwise
designated as a portion of a Lot and which are designated on the Plat or described herein as constituting real or
personal property not intended to be solely and exclusively used by a single Lot Owner, including, without
limitation and where applicable, all sidewalks, streets and related facilities, and in addition thereto all support
structures, pipes, wires, conduits, or utility lines running through any Lot which are utilized for or serve more
than one Lot.
Section 1.08 "Developer" means Centennial Bank, an Arkansas limited liability company, and its
successors and assigns in the construction, development, sale and marketing of the Lots who receive a specific
and express assignment of the Developer's rights hereunder.
Section 1.09 "Rules and Regulations" means those rules and regulations concerning the operations of
the Real Property that the Developer or the Association may promulgate and modify from time to time.
Section 1.10 "Management Agreement" means and refers to an agreement providing for management
of the Real Property, if any.
Section 1.11 "Association Lot Maintenance Area" means those areas of each Lot extending from the
exterior of the Improvements constructed on each Lot, including the exterior surfaces of such Improvements,
outward to the perimeter boundary of such Lot, including, without limitation, the front, side and backyards, the
driveways, windows and doors.
Section 1.12 "Real Property" means that tract or parcel of land as is more fully described on EXHIBIT
A attached hereto and the plat and survey pertaining thereto which by this reference is made a part hereof, and
the improvements and fixtures located upon said tract, including additional areas which may be added to the
development pursuant to the filing of amendments and supplements hereto, all of which shall be subject to those
conditions, covenants and restrictions in this Declaration.
Section 1.13 "Lot" means a separate Lot delineated as such on the plat of the Real Property and shall
include all space from the centerline of the Party Wall.
Section 1.14 "Owner" or "Lot Owner" means one or more person(s), his or her heirs, successors and
assigns, who own or owns fee simple title to a Lot.
Section 1.15 "Party Wall" means, with respect to each Lot, that common wall separating the attached
residential or commercial Lot Improvements, as the case may be, to be constructed on the Real Property, it
being understood that the Lot line shall run down the centerline of such Party Walls.
Section 1.1 b "Lot Improvement" means those residential structures constructed or to be constructed on
the Real Property by Developer or its successors or assigns.
ARTICLE II
[RESERVED]
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ARTICLE III
IDENTIFICATION OF LOTS
Section 3.01 Lot Boundaries. Notwithstanding the fact that Lot drawings may reflect Lot ownership
running to the centerline of Party Walls, the Association shall be responsible for maintaining all interior wall
space and shall have a perpetual easement for itself and its agents for the performance of maintenance and
repair therein. In the event any dispute arises regarding the boundary of a Lot, including boundaries purporting
to run through the centerline of a Party Wall, such disputes shall be submitted to the Association which shall
determine the boundary line in its sole and absolute discretion.
Section 3.02 Number of Lots. The Subdivision shall initially be comprised of 8 Lots along with
related Common Property.
The Developer reserves the right to reconfigure and consolidate the Lots it owns into a lesser or greater
collective number of Lots than as set forth herein within the Developer's and the Association's sole discretion.
The Developer reserves the right to unilaterally modify and amend this Declaration and the Plat should it
reconfigure the number of Lots that comprise the Subdivision, and reserves the right to re -number said Lots so
as to reflect said reconfiguration.
Section 3.03 Alterations. Nothing herein shall preclude the Developer from altering, modifying,
consolidating, subdividing or reconfiguring any or all of the Lots it owns as the Developer and the Association
might determine in their sole discretion. All Lot Owners acknowledge, recognize and agree to the alteration
rights of the Developer hereunder and acknowledge and agree that the Developer may exercise said rights
absent the consent or approval of the Lot Owners.
Section 3.04 Construction and Renovation Standards. To the extent that the Developer or any Lot
Owner performs renovations, alterations or other construction to his Lot Improvement, the Developer or Lot
Owner responsible for the renovation shall perform or assure that the performance of such work is in
accordance with all applicable laws, rules, regulations and other building standards that might otherwise apply
to construction work that might be performed within the city limits of Little Rock, Arkansas.
ARTICLE IV
OWNERSHIP OF COMMON PROPERTY
Section 4.01 Common Property Ownership. It is recognized and understood that the Developer retains
the legal title to the Common Property for the use and benefit of Lot Owners until construction or renovation of
any and all improvements is completed. Upon the completion of construction, the Developer shall convey the
Common Property to the Association. The Association shall contemporaneously grant and convey unto the
Developer and all Lot Owners and such others as the Association may determine, their guests, invitees,
licensees, heirs, successors and assigns, a non-exclusive easement for the right of ingress, egress and regress to
and from the Lots by vehicular conveyance or otherwise over such portion or portions of the Common Property
as shall be developed and improved such as driveway and parking areas and by foot over the balance of such
Common Property. The Developer reserves the right to convey all or a portion of the Common Property to the
Association at any time.
Section 4.02 [RESERVED].
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Section 4.03 Developer Rights in Common Pro erties. So long as the Developer. holds legal or
equitable title to any Lot, then the Developer and its successors, assigns, guests and invitees shall retain an
easement over, across and to all Common Property, it being recognized that the Developer shall retain the
continuing right to use Lots that have not been sold to third party purchasers as rental facilities for rental
purposes and that the Developer's tenants shall have access over, across and to all Common Property. The
Developer reserves the right to reconfigure, re -plumb and/or retool all Common Property in connection with the
Developer's right to re -plat Lot configurations as discussed in Article III hereof.
ARTICLE V
VOTING RIGHTS AND MEMBERSHIP IN THE ASSOCIATION
Section 5.01 Voting Rights and Membership in the Association. There shall be one person with
respect to each Lot who shall be entitled to vote at any meeting of the Association and such person shall be
known and is hereinafter referred to as the "Voting Member." If a Lot is owned by more than one person, the
owners of said Lot shall designate one of them as the Voting Member, or in the case of a corporate Lot Owner,
an officer or employee thereof shall be the Voting Member. The designation of the Voting Meniber shall be
made as provided by and subject to the provisions and restrictions set forth in the Bylaws of the Association.
Section 5.02 Developer Voting Rights. The Developer shall be entitled to one vote for each Lot
owned by the Developer.
Section 5.03 Owner Votin Ri hts. Each Lot Owner or group of Lot Owners shall be entitled to one
vote for each whole Lot owned. The vote of a Lot is not divisible.
Section 5.04 Developer Control Period. It is expressly understood, however, that notwithstanding the
above, the Developer reserves the right to appoint a majority of the directors to the Association's Board of
Directors until that point in time at which the later of the following events occurs:
(1) Nine (9) months after ninety percent (90%) of the Lots in the project have been conveyed to Lot
Owners, other than Developer, it being understood that in determining this figure all Lots in
existence or under construction shall be considered; or,
(2) Ten (10) years following the first conveyance of legal title to a Lot to a Lot Owner.
ARTICLE VI
COMMON EXPENSES AND COMMON SURPLUS
Section 6.01 Common Expense Allocation. The Common Expenses of the Real Property shall be
shared by the Lot Owners and shall be determined by multiplying the Common Expense Sharing Ratio
applicable to each Lot by the total Common Expenses. The resulting product shall represent that Lot's share of
Common Expenses. The Board of Directors shall repeat this process for every Lot in order to determine every
Lot's share of Common Expenses. Should'any Lot be consolidated together with another Lot or should any Lot
be further subdivided, then the valuation of the consolidated Lot shall be proportionately increased or decreased
as determined by the Association.
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Section 6.02 Common Expenses. The Common Expenses shall be allocated to Lots as provided herein
and by the Association and paid in equal pro -rated monthly installments by Lot Owners. The Developer is
exempt from contribution to Common Expenses regarding any Lot owned by the Developer.
Section 6.03 Common Surplus. The Common Surplus shall be applied to the payment of Common
Expenses, and the rights in any surplus remaining shall appertain to the Lots in proportion to the liability for
Common Expenses appertaining to each such Lot. Any surplus shall be accordingly credited to the next
assessment chargeable to the Lot Owners.
Section 6.04 Alternative Common Expense Allocation Procedure. Notwithstanding the provisions of
Sections 6.01 and 6.02, the Board reserves the right to allocate Common Expenses in any other equitable
manner that the Board might deem appropriate from time to time and that might be compliant with applicable
law.
ARTICLE VII
METHOD OF AMENDMENT OF DECLARATION
Section 7.01 Amendment by Lot Owners. This Declaration may be amended at any regular or special
meeting of the Lot Owners of the Association, called and convened in accordance with the Bylaws of the
Association, by the affirmative vote of voting members casting not less than sixty-seven percent (67%) of the
total vote of the members of the Association. So long as the Developer owns any Lots, the consent of the
Developer shall be required for any amendment to this Declaration.
Section 7.02 Recordation of Amendments. All amendments shall be recorded and certified by the
Board of Directors of the Association. Subject to the provisions set forth in this Declaration, no amendment
shall change any Lot, nor a Lot's proportionate share of the Common Expenses or Common Surplus, nor the
voting rights appurtenant to any Lot, unless the record owner(s) thereof, and all record owners of mortgages and
other voluntarily placed liens thereon, shall join in the execution of the amendment. No amendment shall be
passed which shall impair or prejudice the rights and priorities of any mortgagees or change the provisions of
this Declaration with respect to institutional mortgages without the written approval of all institutional
mortgagees of record.
Section 7.03 Amendment for Compliance Purposes. Notwithstanding the foregoing, the Developer
may also unilaterally amend this Declaration without need for the consent or approval of any Lot Owners at any
time to bring this Declaration into compliance with the laws of the State of Arkansas, or any other governmental
entity, which may apply to this regime or to bring this Declaration into compliance with any requirements of
third -party lending or finance organizations, and the Developer and Association shall be entitled to amend the
Declaration in any such way necessary to maintain the Subdivision as a legally and validly existing subdivision
of the City of Little Rock and to give full legal force and effect to the intent and purposes of this Declaration.
Section 7.04 Amendments Contrary to Developer's Interest. No amendment shall change the rights
and privileges of the Developer without the Developer's written approval.
Section 7.05 Develo er's Amendment Right . Notwithstanding the above:
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(1) The Developer reserves the right to unilaterally change the interior design, arrangement and
location of any or all Lots or Lot Improvements, as to Lots for which it is the record owner. No
approval by or consent from any other Lot Owners shall be required. The Developer reserves the
right, as to Lots for which it is the record owner, to unilaterally re -plat said Lots into separate
Lots or may at its option combine two or more such Lots into a single Lot. If the Developer shall
make any changes in Lots as provided in this paragraph, such changes shall be reflected by an
amendment to this Declaration with a plat attached reflecting such authorized alteration of Lots,
and said amendment need only be executed and acknowledged by the Developer. With respect to
Lots for which it is the record owner, Developer reserves the right to join and combine several
adjoining Lot Improvements together, eliminating and reconfiguring the walls thereof, in order to
construct a modified Lot for sale to third party purchasers. All such re -configurations shall be
allowable upon the filing of the amendment to this Declaration as is described herein and
compliance with any local laws or regulations regarding re -platting.
(2) The Developer, so long as it has record title to more than ten percent (10%) of the Lots (as such
may be expanded by means of filing amendments hereto), reserves the right at any time to amend
this Declaration in such manner as the Developer may determine to be necessary to carry out the
purposes of the project as determined in Developer's sole discretion provided that such
amendment shall not increase the proportion of Common Expenses borne by. the -Lot :Owners,
except as provided for elsewhere in this Article or Article VIII below.
(3) Further, the Developer may at any time amend this Declaration in any manner in which in the
opinion of the Developer is necessary or convenient to further clarify the intent of the Developer,
to eliminate ambiguities herein and to correct errors in the preparation and recording of this
document and all Exhibits or otherwise amend said documents in accordance with the discretion
of the Developer.
ARTICLE VIII
BYLAWS
Section 8.01 Bylaws. The operation of the Association shall be governed by the Bylaws of the
Association, which are set forth and attached as EXHIBIT C herein and made a part of this Declaration. All Lot
Owners and their heirs, successors and assigns agree and covenant to be bound by the terms and conditions of
the Bylaws as may be amended and supplemented from time to time.
Section 8.02 Amendment of Bylaws. No modification of or amendment to the Bylaws of said
Association shall be valid unless set forth in or annexed to a duly recorded amendment to this Declaration. The
Bylaws may be amended in the manner provided for therein, but no amendment to said Bylaws shall be adopted
which would affect or impair the validity or priority of any mortgage covering any portion of the Real Property
or which would change the provision of the Bylaws with respect to institutional mortgages without the written
approval of all institutional mortgagees of record. No amendment shall change or affect in any form or fashion
the rights and privileges of the Developer without the Developer's written approval. Any amendment to the
Bylaws, as provided herein, shall be recorded in the public records of Pulaski County, Arkansas.
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ARTICLE IX
THE OPERATING ENTITY
Section 9.01 Operating Entity. The Association is hereby designated as the entity which shall be
responsible for all aspects of the operations and administration of the Real Property and all Lots and Common
Property and Association Lot Maintenance Areas associated therewith, to the extent that such is not otherwise
reserved unto the Developer. The Association shall have all the powers and duties granted to or imposed upon
it by this Declaration, or by the Articles of Incorporation and the Bylaws of the Association. The Association's
Articles of Incorporation are attached hereto as EXHIBIT D and incorporated herein by this reference. It is
contemplated that the powers and duties necessary to operate the Real Property may be amended from time to
time by changes and amendments to this Declaration, the Articles and the Bylaws.
Section 9.02 Obligation to be Bound. Every Lot Owner, whether he or she has acquired his or her
ownership by purchase, by gift, by conveyance or transfer by operation of law, or otherwise, shall be a member
of the Association and shall be bound by the Bylaws and Articles of Incorporation of the said Association, the
provisions of this Declaration and the Management Agreement.
ARTICLE X
ASSESSMENTS
Section 10.01 Power to Levy Assessments. The Association, through its Board of Directors, shall have
the power to fix, determine, assess and levy from time to time the sums, Assessments and charges necessary and
adequate to provide for the Common Expenses of the Real Property and such sums, Assessments and charges
shall be a continuing lien on each Lot. The procedure for the determination of the Assessments shall be
consistent with the provisions of Section 6.01 hereof and the Bylaws.
Section 10.02 Allocation of Common Expenses. The Common Expenses shall be assessed against each
Lot Owner as provided for in Article VI of this Declaration.
Section 10.03 L ate Fees. Assessments and other charges allowable hereunder that are unpaid for over
ten (10) days after their due date as established by the Association shall bear interest at the highest legal rate
authorized under Arkansas law from due date until paid, and at the sole discretion of the Board of Directors, a
late charge equal to the lesser of $75 per delinquency or the maximum fee allowable by law, or such other fee as
the Board of Directors may direct, may be imposed -in order to reimburse the Association for administrative and
servicing fees and costs incurred in administering the delinquency.
Section 10.04 Fore closure of Delinquent Assessments Common Expenses, The Association may, but
shall not be required, to record a Notice of Delinquent Assessment in the office of the circuit clerk or recorder
of Pulaski County, Arkansas, providing additional notice of the Association's lien on a Lot, together with that
Lot's percentage of the Common Property assigned to it and all Association Lot Maintenance Areas reserved to
it and all tangible personal property owned by the Lot Owner and located within said Lot, for unpaid
Assessments and interest thereon. Such liens upon said real and personal property shall be subordinate to prior
bona fide liens which are filed of record by third party :lenders. Reasonable attorney's fees incurred by the
Association incident to the collection of such Assessments or the enforcement of such liens, together with all
sums advanced and paid by the Association for taxes and payments on account of superior mortgages, liens or
encumbrances which may be required to be advanced by the Association in order to preserve and protect its
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lien, shall be payable by the Lot Owner and secured by such lien. Each Lot Owner, by accepting ownership of
his or her Lot, personally covenants and agrees to pay his or her Assessments. The Board of Directors may take
such action as it deems necessary to collect Assessments by personal action or by enforcing and foreclosing said
lien pursuant to the same procedures applicable to the judicial or non judicial foreclosure of real property
mortgages or deeds of trust, and may settle and compromise the same if deemed in its best interest. The
Association shall be entitled to bid at any sale held pursuant to a suit to foreclose an Assessment lien, and to
apply as a cash credit against its bid, all sums due, as provided herein and covered by the lien enforced. In case
of such foreclosure, the Lot Owner shall be required to pay a reasonable rental for the Lot plus the percentage of
Common Expenses attributable to such Lot for the period of time said Lot is occupied by the Lot Owner; and
the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect same from the Lot
Owner. No Lot Owner may use his or her Lot or any portion of the Common Property or Association Lot
Maintenance Areas so long as any Assessments are outstanding and unpaid.
Section 10.05 Title. Any person who acquires an interest in a Lot, except through foreclosure of a first
mortgage of record, including without limitation, persons acquiring title by operation of law and purchasers at
judicial sales, shall not be entitled to occupancy of the Lot or enjoyment of the Common Property until such
time as all unpaid Assessments due and owing from the former Lot Owner have been paid. The Association,
acting through its Board of Directors may assign its claim for the recovery of any unpaid Assessments and lien
rights to the Developer, any Lot Owner or group of Lot Owners, or any third party.
Section 10.06 Mortga gees. Except with respect to the priority of liens referenced :in Section 10.04 and
absent the filing of subordination or related agreement, this instrument shall have priority over all mortgages,
deeds of trust or other instruments that are filed of record after the date of the filing of record of this document.
Should the holder of a mortgage, deed of trust or other debt securing instrument, however, foreclose its rights
under its mortgage, deed of trust or other debt securing instrument, either by judicial or non judicial foreclosure,
or by means of deed in lieu of foreclosure, then said party shall be excused from any obligation to pay past -due
Assessments which have accrued prior to the date of foreclosure.
ARTICLE XI
INSURANCE PROVISIONS
Section 11.01 Insurance Generally. Lot Owners shall be individually responsible for purchasing,
maintaining and insuring their furniture, appliances and any other personal effects belonging to such Lot
Owners which may be located in or about the Lot.
Section 11.02 Purchase of Insurance. Lot Owners with Lot Improvements shall acquire and shall pay
for a policy or policies of fire and extended coverage insurance, for the full insurable replacement value of the
Lot Improvement, or such other fire and casualty insurance as the Association Board shall determine gives
substantially equal or greater protection to the Owners and their mortgagees which policy or policies shall
provide for a separate loss payable endorsement in favor of the mortgagee. For Lots with residences sharing
one or more Party Walls the insurance shall specifically include coverage for the complete and prompt
reconstruction of any damaged or destroyed Party Wall. All policies shall be written with a company licensed to
do business in the State of Arkansas, and holding a rating of "AAA" or better by Best's Insurance Reports.
They shall contain, if possible, a waiver of subrogation by the insurer as to any claims against he Association,
the Owners and their respective agents, servants and guests. They shall provide that the policy cannot be
cancelled, invalidated or suspended without thirty (30) days prior notice in writing to the insured and the
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Association. The Association shall obtain fire and extended coverage insurance and vandalism and malicious
mischief insurance insuring all of the insurable improvements within the Common Property, together with such
other insurance as the Association deems necessary in and for the interest of the Association, all Lot Owners
and their mortgagees, as their interests may appear, in an amount which shall be equal to the maximum
insurable replacement value as determined annually; and the premiums for said coverage and other expenses in
connection with said insurance shall be assessed against the Lot Owners as a part of the Common Expense. The
named insured shall be the Board of Directors of the Association, as Trustee for the Lot Owners, without
naming them, and as Trustee for their mortgagees, and the Developer as its interest may appear.
Section 11.03 Mortgage Endorsements. Provisions shall be made for the issuance of mortgagee
endorsements and memoranda of insurance to the mortgagees of Lot Owners. Such policies shall provide that
payments for losses thereunder by the insurer shall be made to the insurance trustee, and all policies and
endorsements thereon shall be deposited with the insurance trustee. Notwithstanding the aforesaid, the
provisions for such insurance shall be without prejudice to the right of each Lot Owner to insure his own Lot for
his benefit. Lot Owners may obtain insurance coverage at their own expense upon their own personal property
and for their personal liability and living expenses.
Section 11.04 Cover age.
(1) Casualty. Casualty insurance shall be obtained on all buildings and improvements upon the Real
Property in such amounts and with such coverage as shall be required by the Board of Directors of the
Association.
(2) Public Liability. Public liability insurance shall be obtained in such amounts and with such
coverage as shall be required by the Board of Directors of the Association.
(3) Workers' Compensation. Workers' Compensation insurance shall be obtained as required by law.
(4) Other. The Association shall obtain such other insurance as the Board of Directors of the Asso-
ciation shall determine to be desirable from time to time desirable.
Section 11.05 Premiums . Premiums upon insurance policies purchased by the Association shall be paid
by the Association as a Common Expense.
Section 11.06 I nsurance Trustee and Shares of Proceeds. All insurance policies purchased by the
Association shall be for the benefit of the Association, the Lot Owners (including the Developer), and their
mortgagees, as their interests may appear, and shall provide that all proceeds covering property losses shall be
paid to the Board of Directors as insurance trustee. The duty of the insurance trustee shall be to review such
proceeds as are paid, to make distribution of such proceeds as is elsewhere provided herein, and in the interim
to hold such proceeds in trust for the benefit of the Lot Owners, and their mortgagees in the following shares,
which shares need not be set forth on the records of the insurance trustee:
(1) Common Property_. Proceeds on account of damage to Common Property shall be held for the
benefit of the Association.
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(2) Lots. Proceeds on account of damage to Lots or Association Lot Maintenance Areas associated
with such Lot shall be held in the following undivided shares:
(a) When the building is to be restored, for the owners of damaged Lots in proportion to the
cost of repairing the damage suffered by each Lot Owner, which cost shall be determined
by the Association.
(b) When the building is not to be restored, an undivided share for each Lot Owner, such
share being based on a Lot's Common Expense Sharing Ratio; it being understood that if
less than all of the buildings are not to be restored, then the proceeds shall be distributed
based on a Lot's Common Expense Sharing Ratio relative to the Common Expense
Sharing Ratios of all other Lot Owners in the buildings that will not be restored.
(3) Mortgagees. In the event a mortgage endorsement has been issued as to a Lot, the share of the
Lot Owner shall be held in trust for the mortgagee and the Lot Owner or as their interests may
appear; provided, however, that mortgagees shall have the right to participate in the
determination as to whether or not any damaged property shall be reconstructed or repaired,
provided, further, that the ultimate decision as to whether or not the damaged property shall be
reconstructed or repaired shall be based upon that decision which is deemed to be in the best
interests of Lot Owners. To the extent that insurance proceeds are payable to the Developer after
the payment for the reconstruction or repair of the damaged property, or the settlement in full
with all Lot Owners and/or the Association, all insurance proceeds that remain thereafter and that
accrue solely and exclusively to and in favor of the Developer shall be paid to mortgagees of
record in reduction of debt outstanding, if any. Should no such debt be outstanding, then such
insurance proceeds shall be paid to the Developer.
Scc t i on 11.07 Distribution of Proceeds. Proceeds of insurance policies received by the insurance
trustee shall be distributed to or for the benefit of the beneficial owners in the following manner:
(1) Expense of the Trust. All expenses of the insurance trustee shall be first paid or provision made
therefor.
(2) Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or
reconstructed, the remaining proceeds after repair or reconstruction shall first be paid to Lot
Owners and/or the Association, as their interests may appear, in order to offset any other
damages incurred by them as a result of the damage, and then to the Developer's mortgagee, if
applicable. If no financial obligations are outstanding to the mortgagee, then all funds remaining
shall be paid to the Association. This is a covenant for the benefit of any mortgagee of a Lot and
may be enforced by such mortgagee.
(3) Failure to Reconstruct or Re air. If it is determined in the manner elsewhere provided that the
damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining
proceeds shall be distributed to the Lot Owners, remittances to Lot Owners and their mortgagees
being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Lot and
may be enforced by such mortgagee.
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(4) Certificate. In making distribution to Lot Owners and their mortgagees, the insurance trustee
may rely upon the real estate records of the Circuit Clerk and Ex Officio Recorder of Deeds for
Pulaski County as to the names of the Lot Owners.
Section 11.08 Association as Agent. The Association is hereby irrevocably appointed agent for each
Lot Owner and for each owner of a mortgage or other lien upon a Lot and for each owner of any other interest
in the Real Property to adjust all claims arising under insurance policies purchased by the Association and to
execute and deliver releases upon the payment of claims.
Section 11.09 Notice of Insurance Coverage. In any legal action in which the Association may be
exposed to liability in excess of insurance coverage protecting it and the Lot Owners, the Association will give
notice of the exposure within a reasonable time to all Lot Owners who may be exposed to the liability and they
shall have the right to intervene and defend.
Section 11.101 ns ection of Insurance Policy. A copy of each insurance policy obtained by the
Association shall be made available for inspection by Lot Owners upon reasonable notice given.
ARTICLE XII
USE AND OCCUPANCY
Section 12.01 Residential Use Restriction:. Occupancy Limitations. Lot Owners other than the
Developer shall occupy and use their Lots as single family private dwellings for themselves and the members of
their family, their social guests, lessees, licensees and invitees. Notwithstanding the foregoing, the Developer
expressly reserves the right to use Lots not otherwise owned by third parties for rental or display model
purposes. Nothing herein shall prohibit or prevent the Developer from renting Lots or Lot Improvements to
third parties on a monthly or other basis when not otherwise being occupied pursuant to the provisions of this
Declaration. The Association reserves the right to limit the number of persons who can occupy a Lot for any
period of time, it being understood that, generally, all Lots are intended to be occupied by no more than two
adults and their children at any time. At no time shall any Lot be owned or occupied by any person who has
been convicted of a felonious sex offence and/or who is registered as a sex offender on any local, state or
national registry.
Section 12.02 Prohibited Act. Lot Owners shall not permit or suffer anything to be done or kept in his
Lot which will increase the rate of insurance on the Real Property, or which will obstruct or interfere with the
rights of other Lot Owners, or annoy them by unreasonable noises, or otherwise, nor shall the Lot Owners
commit or permit any nuisances, immoral or illegal acts in or about the Real Property. Lot Owners shall at all
times ensure that their use of the Lot and Common Property Areas complies in all respects with applicable fire
codes, ordinances and all other applicable laws, rules and regulations.
Section 12.03 Restrictions on Alterations. Lot Owners shall not cause anything to be affixed or
attached to, hung, displayed or placed on the exterior walls, decks, doors or windows of the Lot Improvements,
or the Common Property, nor shall they cause any type of ground coverage to be installed nor shall they grow
any type of plant, shrubbery, flower, vine or grass in their Association Lot Maintenance Area, nor shall they
cause awnings or storm shutters, screens, enclosures and the like to be affixed or attached to any Lot
Improvement, Association Lot Maintenance Area or Common Property; nor shall they place any furniture or
equipment outside their Lot Improvement except with the prior written consent of the Board of Directors, and
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subject to the Rules and Regulations adopted by the Board of Directors. No clothesline or similar device shall
be allowed on any portion of the Real Property, nor shall clothes be hung anywhere except where designated by
the Board of Directors of the Association..
Section 12.04 Common Property. No person shall use the Common Property or any Lot, or any part
thereof, in any manner contrary to or not in accordance with such Rules and Regulations pertaining thereto as
from time to time promulgated by the Association.
Section 12.05 Enforcem ent. Should any Lot Owner or the guest, invitee, lessee or affiliate of any Lot
Owner violate any of the provisions of this Declaration, then the Association shall deliver written notice to the
Lot Owner of said violation and shall provide the Lot Owner with a three (3) day period in which the Lot
Owner may cure said violation. If, after the expiration of said period, the Lot Owner fails to cure the violation,
then the Association may take all steps that it might deem necessary and appropriate in order to attempt to cure
said violation. There is hereby reserved to the Association an easement over and across each Lot so as to allow
the Association the right to access and enter any Lot in order to cure and remedy any violation of this
Declaration. The Association reserves the right to charge a Lot Owner who is in violation with the provisions
of this Declaration an administrative fee equal to $250 per violation plus actual costs incurred, including, if
applicable, storage costs. If not paid within fifteen (15) days after the date of invoicing, said fee and costs shall
be considered to constitute and comprise an assessment against the Lot Owner's Lot that is subject to
enforcement as provided for herein.
ARTICLE XIII
MAINTENANCE AND ALTERATIONS
Section 13.01 Maintenance and Management A regiment. The Board of Directors of the Association
may enter into a contract with any firm, person or corporation, or may join with other associations and entities
in contracting for the maintenance and repair of the Real Property and other types of properties, and may
contract for or may join with other associations in contracting for the management of the Real Property and
other types of properties, and may delegate to the contractor or manager all of the powers and duties of the
Association, except such as are specifically required by this Declaration, or by the bylaws, to have the approval
of the Board of Directors or the membership of the Association. The contractor or manager may be authorized
to determine the budget, make assessments for Common Expenses and collect assessments, as provided by this
Declaration, bylaws and Exhibits to this Declaration.
Section 13.02 L of _improvement Maintenance. Each Lot Owner agrees as follows:
(1) To maintain in good condition and repair his Lot Improvement and all interior surfaces within
his Lot Improvement (such as the surfaces of the walls, ceilings, floors) and maintain and repair
the fixtures therein and pay for any utilities which are separately metered to his Lot.
(2) Not to make or cause to be made any structural addition, alteration, decoration, repair,
replacement or change of the Lot Improvement or to any outside or exterior portion of the Lot
Improvement or part of the Common Property without the prior written consent of the Board of
Directors of the Association.
Section 13.03 Repairs Ace ess. All Lot Owners agree as follows:
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(1) To allow the Board of Directors or the agents or employees of any management firm or the
Association to enter onto any Lot at reasonable hours for the purpose of maintenance, inspection,
repair, replacement of the Lot Improvements and the Association Lot Maintenance Areas, or to
determine in case of emergency, circumstances threatening Lots or the Common Property, and in
such instances to take appropriate action to protect such property, or to determine compliance
with the provisions of this Declaration and the bylaws of the Association.
(2) To show no signs, advertisements or notices of any type on the Association Lot Maintenance
Areas or Common Property, and to erect no exterior antenna, satellite dish or aerials, except as
consented to by the Board of Directors of the Association; except that nothing herein shall be
construed to limit the Developer in displaying its signs and other advertisements in connection
with its promotional activities.
Section 13.04 Failure to Maintain. In the event a Lot Owner fails to maintain the said Lot Improvement
and Common Property, as required herein, or makes any alterations or additions without the required consent,
or otherwise violates or threatens to violate the provisions hereof, the Association shall have the right to proceed
in court to seek compliance with the provisions hereof. In lieu thereof and in addition thereto the Association
shall have the right to either perform the neglected maintenance or remove the offending addition and,
thereafter, shall have the right to assess against the Lot Owner, and the Lot, for such necessary sums to remove
any unauthorized addition or alteration and to restore the property to good condition and repair.
Section 13.05 Maintenance Assessment. Assessments asserted hereunder shall have the same force and
effect as all other special assessments. The Association shall have the further right to have its employees or
agents, or any subcontractors appointed by it to enter a Lot at all reasonable times to do such work as is deemed
necessary by the Board of Directors of the Association to enforce compliance with the provisions hereof.
Section 13.06 Color Schemes. The Association shall determine the exterior color scheme of the Lot
Improvements and all exteriors and interior color schemes of the Common Property and no Lot Owner shall
paint an exterior wall, door, window or any exterior surface, or replace anything thereon or affixed thereto,
without the written consent of the Board of Directors of the Association.
Section 13.07 Common Property Maintenance. The Association shall be responsible for the
maintenance, repair, and replacement of the Common Property and the Association Lot Maintenance Areas and
all property not required to be maintained, repaired and/or replaced by the Lot Owners. Notwithstanding the
Lot Owner's duty of maintenance, repair, replacement and the other responsibilities as to his Lot, as provided
for in this Declaration and Exhibits attached hereto, the Association may enter into an agreement with such
firms or companies as it may determine to provide certain services and/or maintenance for and on behalf of the
Lot Owners whereby maintenance and service are provided on a regularly scheduled basis, such as
exterminating services and other types of maintenance and services as the Association deems advisable and for
such period of time and on such basis as it determines. All such services contracted for on behalf of any Lot
Owner shall be included as a part of the Assessment for that particular Lot. Said agreements shall be on behalf
of the Lot Owners in a particular Lot and the monthly assessment due from each Lot Owner for Common
Expenses shall be increased by such sum as the Association deems fair and equitable under the circumstances in
relation to the monthly charge for said maintenance or service. Each Lot Owner shall be deemed a party to said
agreement with the same force and effect as though said Lot Owner had executed said agreement and it ,is
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understood and agreed that the Association shall execute said agreements as the agent for the Lot Owners. The
aforesaid assessments shall be deemed to be an assessment under the provisions of Articles VI and X of this
Declaration.
ARTICLE XIV
TERMINATION
Section 14.01 Unanimous Termination. If all Lot Owners and holders of all liens and mortgages
affecting any of the Lots execute and duly record an instrument terminating this Declaration, or if Major
Damage occurs subsequent to the first forty (40) years of the Declaration, and there is no agreement to restore
the regime created thereby, said property shall be deemed to be subject to termination and thereafter the
Common Property to be owned as tenants in common by the Lot Owners. There is "Major Damage" if both the
damaged improvement is a building or buildings containing Lots, and if Lots to which more than 50% of the
Common Property are appurtenant are found by the Board of Directors to be not tenantable. The undivided
interest in the property owned in common by each Lot Owner shall then become the percentage of the
undivided interest previously owned by such owner in the Common Property. The undivided interest in the
property owned in common by Lot Owners shall then become that percentage of the undivided interest in the
Common Property attributable to his Lot, further broken down by such owner's percentage ownership in his
Lot.
ARTICLE XV
USE OF COMMON PROPERTY AND FACILITIES
Section 15.01 Use of Common Pra ert . All Common Property shall be made available on a non-
discriminatory basis for the use and enjoyment of the Lot Owners and their guests and invitees as well as by
Developer's guests, invitees, licensees, employees, agents, and lessees provided such use does not unreasonably
interfere with the rights of other Lot Owners.
Section 15.02 No Partition. The Association, its members and Lot Owners, and all parties who own an
interest in and to the Common Property agree that they shall not have the right to partition any property that
constitutes said facilities and that said parties do hereby waive said right of partition or division of said
facilities. The Rules and Regulations, and all amendments thereof and revisions thereof pertaining to the use of
the Common Property and the Lots shall be maintained by the Association and modified and amended from
time to time. A copy of such Rules and Regulations are attached hereto as EXHIBIT E and are incorporated
herein by reference. The Lot Owners hereby covenant and agree to be bound by all of such Rules and
Regulations and said parties shall obey same and be responsible for their being obeyed by the said Lot Owners,
their family, guests, invitees, lessees, overnight tenants and servants. Should a Lot Owner fail to pay an
Assessment for Common Expenses as required under the terms of this Declaration for the period of time
specified herein whereby said Assessment becomes delinquent, the Association may deny the Lot Owner or
authorized user of the facilities the use and enjoyment of same until such time as all Assessments are paid. The
Association shall further have the right in its sole discretion to suspend any Lot Owner and/or authorized user of
said facilities from the use of same for a period not to exceed thirty (30) days for any infraction of the
promulgated rules and regulations pertaining to the Common Property and the Lots. Should the Lot Owner or
the authorized user of said facilities be so. suspended, there shall be no reduction in the Assessments due and
payable by said Lot Owner or authorized user.
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Section 15.03 Guest Usage. Any person who is a family member, social guest, lessee, invitee or
licensee of a Lot Owner may use the Common Property provided such use does not unreasonably interfere with
the use of other Lot Owners. The Association reserves the right to limit the total number of guests that may use
Common Property at any time and further reserves the right to impose rules and limitations regarding social
gatherings or parties that a Lot Owner may conduct in his or her Lot or upon Common Property.
Section 15.04 Com )rate Us_ . Where a corporation is a Lot Owner, the use of said Common Property
shall be limited at any one time to such officer, director or employee of said corporation who is in actual
residence. Where a party owns one Lot and leases same, the lessee shall be entitled to the use of the Common
Property and said lessee's right thereto shall be the same as though said lessee were the Lot Owner and during
the term of said lease, the Lot Owner and his family shall not be entitled to use the Common Property.
ARTICLE XVI
MANAGEMENT AGREEMENT
Section 16.01 Management Agreement. The Association may enter into a Management Agreement
upon such terms and conditions as it deems reasonable. All parties taking title to the Real Property covenant
and agree to acknowledge the validity and enforceability of the Management Agreement and covenant and
agree to be bound by its terms.
Section 16.02 Common Expense Budget. The Association may delegate to the management firm the
powers of the Association, through its Board of Directors, to determine the budget, make Assessments for
Common Expenses and collect Assessments. Each Lot Owner, his heirs, successors and assigns, shall be bound
by said Management Agreement for the purposes therein expressed, including but not limited to:
(1) Adopting, ratifying, confirming, and consenting to the execution of said Management Agreement
by the Association.
(2) Covenanting and promising to perform each and every one of the covenants, promises and
undertakings to be performed by Lot Owners in the cases provided therefor in said Management
Agreement.
(3) Ratifying, confirming and approving each and every provision of said Management Agreement,
and acknowledging that all of the terms and provisions thereof are reasonable.
(4) Agreeing that the persons acting as directors and officers of the Association entering into such an
agreement have not breached any of their duties or obligations to the Association.
Section 16.03 Directors . It is specifically recognized that some or all of the persons comprising the
original Board of Directors of the Association are or may be officers, directors and employees of the Developer
and/or the management firm, and that such circumstances shall not and cannot be construed or considered as a
breach of their duties and obligations to the Association, nor as possible grounds to invalidate such
Management Agreement, in whole or in part.
Section 16.04 Board Action. The acts of the Board of Directors and officers of the Association in
entering into the Management Agreement shall be and the same are hereby ratified, approved, confirmed and
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adopted. All Lot Owners hereby waive any and all conflicts of interest that may exist by virtue of the service by
employees, agents or officers of the Developer as members of the Board of Directors.
ARTICLE XVII
ASSOCIATION PROPERTIES
Section 17.01 Ownership of Common Property_. All Common Property and related properties acquired
by the Association, real, personal or otherwise, shall be owned by the Association for the use and benefit of all
Lot Owners subject to those easements, conditions and agreements which are more fully described elsewhere
herein.
ARTICLE XVIII
DEVELOPER'S RIGHTS
Section 18.01 Developer Reservations. In addition to each and every right of the Developer as set forth
herein, the Developer specifically reserves the following:
(1) The right to maintain sales offices, management offices and models in Lots it owns and to locate
and establish the size and number of such facilities as the Developer deems fit.
(2) The right to use a portion of the Common Property for the purpose of aiding in the sale or rental
of Lots including the right to use unsold Lots as models and to use portions of the Real Property
for parking for prospective purchasers and such other parties as Developer determines. The
foregoing right shall include the right to display and erect signs, billboards and placards and to
store, keep and exhibit same and distribute audio and visual promotional materials upon the
Common Property.
(3) The right to deny to any Lot Owner the right to the use and occupancy of the Lot and the
Common Property during any period of time in which said Lot Owner may be in default on his
or her contract of sale for the purchase of said Lot from the Developer.
(4) The right to grant such easements for utility service, drainage, pedestrian and vehicular traffic, or
otherwise, as may be considered by Developer or its successors and assigns desirable for the use
of the property for the purposes herein stated or to provide such utility service, drainage;
pedestrian or vehicular access to other properties adjacent or contiguous thereto. In conjunction
with the reservation as aforesaid, Developer and its successors, assigns, guests, contractors and
invitees hereby expressly reserves into itself and its successors and assigns forever a perpetual
easement over all Common Property, Association Lot Maintenance Areas, driveways and
parking areas constituting a part of the Common Property, plus such additional area as may be
needed to connect said driveways, roadways and parking areas with the boundaries of the
development, the location of which may be chosen by Developer or its successors and assigns for
the use by the Developer and its guests, invitees, contractors and licensees and the Lot Owners
and others who may be rightfully using said driveways and parking areas, for ingress, egress and
access to the Real Property, the Common Property, and all adjacent and nearby property now or
hereafter owned by Developer, its successors or assigns, which easement shall be considered an
easement appurtenant to said property and all portions thereof, to run with said property and all
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portions thereof. The Developer additionally reserves unto itself and its guests, invitees,
contractors and licensees an easement of ingress, egress and access into and under all Lots,
Common Property areas and buildings for the construction and maintenance of improvements,
buildings utility and sewerage lines and for all other operational and maintenance purposes.
ARTICLE XIX
MISCELLANEOUS PROVISIONS
Section 19.01 Parking. All Lot Owners shall abide by those parking regulations which the Developer or
the Association may implement from time to time which may include, without limitation, the need to post in the
windshield of a Lot Owner's vehicle a confirmation and check -in number and authorization. Each residential
Lot shall have the exclusive right to park on the driveway on that Lot, and such space shall constitute an
Association Lot Maintenance Area reserved unto such Lot. The Association reserves the right to specify certain
other parking spaces for the exclusive use by certain Lot Owners, and reserves the right to limit the number of
automobiles that any Lot Owner may park on Common Property from time to time, and further reserves the
right to implement rules and procedures applicable to the registration and parking of vehicles owned by Lot
Owner guests or invitees.
Section 19.02 Minors. No one under the age of eighteen (18) may use the Common Property unless
accompanied by an adult. Children are the responsibility of their parents or guardians and may only play in
designated areas.
Section 19.03 [RESERVED ].
Section 19.04 Gener al Regulatiyn_s. The Developer reserves the right to implement and modify from
time to time other general rules and regulations regarding the manner in which Lots and Common Property may
be used. All Lot Owners and their guests are required to abide by said regulations and failure to so abide by
said regulations may result in_ the loss of rights.
Section 19.05 Assumption by Association. To the extent that the Developer no longer performs any or
all of the duties and obligations assigned to the Developer hereunder, the Association hereby covenants and
agrees to perform such duties and obligations in a prompt, timely .and responsible manner. Should the
Developer fail to enforce any rights reserved to it hereunder, specifically including, without limitation, the right
and obligation to insure compliance with this Declaration, then the Association shall be vested with said rights
and obligations and shall have the right to directly initiate all actions which the Association deems reasonable in
order to enforce this Declaration.
Section 19.06 Supports . Lot Owners shall not be deemed to own the support structures, pipes, wires,
conduits or other utility lines running through said respective Lots which are utilized for or serve more than one
Lot, which items are, by these presents hereby made a part of the Common Property.
Section 19.071 mplied Easements. The Lot Owners agree that if any portion of a Lot or Common
Property encroaches or is encroached upon another, a valid easement for the encroachment and maintenance of
same, so long as it stands, shall and does exist. In the event a building or buildings are partially or totally
destroyed and then rebuilt, the Lot Owners agree that encroachment on parts of the Common Property, or Lots,
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as aforedescribed, due to construction, shall be permitted, and that a valid easement for said encroachments and
the maintenance thereof shall exist.
Section 19.08 No Exemption from Common Expenses. No Lot Owner other than Developer may
exempt himself from liability for his contribution toward the Common Expenses, by waiver of the use and
enjoyment of any of the Common Property, or by the abandonment of his Lot, or otherwise.
Section 19.09 Ad Valorem Taxes. Lot Owners shall assess their Lot for the purpose of ad valorem
taxes with the Tax Assessor of Pulaski County or for such other future legally authorized governmental officer
or authority having jurisdiction over same. Nothing herein shall be construed, however, as giving to any Lot
Owner the right of contribution or any right of adjustment against any other Lot Owner on account of any
deviation by the taxing authorities from the valuation herein prescribed; each Lot Owner agrees to pay ad
valorem taxes and special assessments as are separately assessed against his Lot.
Section 19.10 [RESERVED ]
Section 19.11 Exhibits. All provisions of this Declaration and Exhibits attached hereto and
amendments thereof, shall be construed as covenants running with the land, and of every part thereof and
interest therein, including but not limited to every Lot and appurtenances thereto, and every Lot Owner, and his
heirs, executors, administrators, successors and assigns, shall be bound by all of the provisions of said Dec-
laration and Exhibits annexed hereto and any amendments thereof. The subjection of the Real Property or
surrounding properties to zoning laws and regulations shall not then or thereafter cause any provision of this
Declaration to terminate.
Section 19.12 Severabilit y. If any of the provisions of this Declaration, or of the Bylaws, the Articles of
Incorporation of the Association, the Management Agreement, or any section, clause, phrase, word, or the
application thereof in any circumstance, is held invalid the validity of the remainder of this Declaration, the
Bylaws, Articles of Incorporation, and Management Agreement and of the application of any such provision,
action, sentence, clause, phrase or word, in other circumstances, shall not be affected thereby.
Section 19.13 Notices . Whenever notices are required to be sent hereunder, the same may be delivered
to Lot Owners either personally or by mail, addressed to such Lot Owners at their place of residence on file
with the Association from time to time. Proof of such mailing or personal delivery by the Association or any
management firm shall be given by the affidavit of the person mailing or personally delivering said notices.
Notices to the Association shall be delivered by mail to the secretary of the Association, or the president of the
Association, or the Board of Directors of the Association. The change of the mailing address of any party as
specified herein shall not require an amendment to this Declaration.
Section 19.14 [RESERVED].
Section 19.15 [RESERVED ]
Section 19.16 Mailing. All notices shall be deemed and considered sent when mailed. Any party may
change his or its mailing address by written notice, duly receipted for. Notices required to be given the personal
representative of a deceased Lot Owner or devisee, when there is no personal representative, may be delivered
either personally or by mail to such party at his or its address appearing in the records of the court wherein the
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Estate of such deceased Lot Owner is being administered. The change of the mailing address of any party, as
specified herein, shall not require an amendment to this Declaration.
Section 19.17 [RESERVED ].
Section 19.18 Gender. Whenever the context so requires, the use of any gender shall be deemed to
include all genders, and the use of the singular shall include the plural, and plural shall include the singular.
The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform
plan for the operation of the Real Property.
Section 19.19 Captions . The captions used in this Declaration and exhibits annexed hereto are inserted
solely as a matter of convenience and shall not be relied upon and/or used in construing the effect or meaning of
any of the text of this Declaration or exhibits hereto annexed.
Section 19.20 No Warranties. Developer specifically disclaims any intent to have made any warranty
or representation in connection with the property or this Declaration, except as specifically set forth herein, and
no person shall rely upon any warranty or representation not so specifically made herein unless otherwise
stated. Assessments, Common Expenses, taxes or other charges are estimates only and no warranty, guaranty or
representation as to these charges is made or intended, nor may one be relied upon.
Section 19.21 Association Approval. The Association, by its execution of this Declaration approves of
the foregoing and all of the covenants, terms and conditions, duties and obligations of this Declaration and
Exhibits attached hereto. The Lot Owners, by virtue of their acceptance of the deed of conveyance as to their
Lot or execution of a contract of purchase of their Lot, and other parties by virtue of their occupancy of the Lots
hereby approve the foregoing and agree to abide by and be bound by all of the terms and conditions, duties and
obligations of this Declaration and Exhibits attached hereto.
Section 19.22 No Partition. Except as provided for herein, no Lot Owner shall bring or have any right
to bring any action for partition or division of the Real Property.
Section 19.23 Easements . Lot Owners shall have an easement for ingress and egress over all lobbies,
hallways, elevators, streets, walks and other rights of way serving the Lots as a part of the Common Property
and also as a part of the property that may be owned and maintained by the Association, as may be necessary to
provide reasonable access to the Lots and Common Properties, and such easements shall extend to the guests,
invitees, lessees and licensees of the Developer or Lot Owner. In the event that any of said easements for
ingress and egress shall be encumbered by any leasehold or lien, such leaseholds or liens shall hereby be
subordinate to the use rights of all Lot Owners. Notwithstanding the foregoing, the Association reserves the
right to limit access to certain Common Property to Lots Owners and the invitees and guests of residential Lot
Owners in order to enhance the security, quality of life, privacy and quiet enjoyment of Owners of residential
Lots.
Section 19.24 Plans . All plans and specifications for any structure or improvement whatsoever to be
erected on or moved upon any portion of the Real Property, and the proposed location thereof, the construction
material, the roofs and exterior color schemes, any later changes or additions after initial improvement thereof
and any remodeling, reconstruction, alterations, or additions thereto in addition to being subject to the approval
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of the Association, shall also be subject to approval in writing before any such work is commenced by the
Developer or its successor or assign.
Section 19.25 Hold Harmless. In consideration of the sale of a Lot to a Lot Owner, the Lot Owner and
his successors, assigns, guests, invitees, agents and employees collectively agree to hold harmless the
Developer, the Management Firm, and their respective successors, assigns, agents and employees from and
against any damages which they may sustain as a result of the loss or theft of any personal property or any and
all personal injury of whatever nature which they may sustain during their occupancy hereunder.
Section 19.26 Govemin g Law. This Declaration shall be governed by and construed in accordance with
the laws of the State of Arkansas.
Section 19.27 Acre t ance of Title. By accepting title to property encumbered hereby, all Lot Owners
covenant and agree that service of process against the Lot Owners may be lawfully accomplished by delivery of
appropriate documents to the duly elected president of the Association and that jurisdiction regarding any
actions arising hereunder shall vest in Pulaski County, Arkansas.
Section 19.28 Dama ges by Lot Owners and Guests. In consideration of the receipt of a deed or other
instrument of conveyance to a Lot, each Lot Owner personally covenants and agrees that each Lot Owner shall
be solely responsible for all costs incurred by the Association or the Developer that result from damages or loss
caused by the Lot Owner or any family member, guest, tenant, overnight guest or invitee to Association.
properties and/or properties owned by the Developer. Included in the types of damage and loss contemplated by
this paragraph are damages to Common Property or exterior components of any Lot such as vehicular damage
to Lots and Common Property appurtenances, damage to or loss of pool or recreational facilities or
appurtenances, vehicular or other damage to lighting fixtures, and related and unrelated types of loss or damage.
The Association or the Developer shall invoice the Lot Owner for the reasonable costs associated with the
remedying of said damages and, if not paid, said costs shall be charged to the Lot Owner's account and shall be
included in the Assessment charged to the Lot Owner. To the extent that said costs continue to remain unpaid,
said costs shall constitute and comprise a lien against the Lot and the Lot Owner and shall be subject to
foreclosure in accordance with those procedures set forth herein.
Section 19.29 Condemnation . The proceeds of all awards, payments and claims for damages, direct and
consequential, received by the Developer in connection with any condemnation or other governmental taking of
any Lot, or proceeds received in connection with conveyances in lieu of condemnation (collectively, the
"Proceeds") shall be paid and disbursed in the following manner:
(1) To the extent that the condemnation results in the permanent loss of the usage of a Lot, then the
Proceeds shall be allocated and prorated among and paid to the Lot Owners of the Lot. Should
the Developer own any Lot which is the subject of such condemnation, then the Developer
hereby assigns said Proceeds to that institutional lender holding a first security interest in and to
the Real Property with the understanding that said lender shall apply the Proceeds in reduction of
indebtedness outstanding and owed by the Developer.
(2) To the extent that the condemnation results in the permanent loss of the usage of a recreational
amenity which benefits Lot Owners of the Lot, then the Proceeds shall be paid to the Association
with the express understanding that the Association shall use said Proceeds to either rebuild
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(3) To the extent that the condemnation results in neither the permanent loss of the usage of a Lot
nor the permanent loss of the usage of a recreational amenity which benefits Lot Owners of the
Lot, then the Proceeds shall be paid to and are hereby assigned to that institutional lender holding
a first security interest in and to the Real Property with the understanding that said lender shall
apply the Proceeds in reduction of indebtedness outstanding and owed by the Developer. To the
extent that no such indebtedness is outstanding, then the Proceeds shall accrue to the benefit of
the Developer and its successors and assigns as their interest may appear.
IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed as of this
day of �L ci u3cA— , 2009.
CENTENNIAL BANK
By:
Title: VICE OLer-
P2wWMNA1c. aa. L
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similar recreational amenities or otherwise use said Proceeds for the benefit of all Lot Owners of
the Lot.
(3) To the extent that the condemnation results in neither the permanent loss of the usage of a Lot
nor the permanent loss of the usage of a recreational amenity which benefits Lot Owners of the
Lot, then the Proceeds shall be paid to and are hereby assigned to that institutional lender holding
a first security interest in and to the Real Property with the understanding that said lender shall
apply the Proceeds in reduction of indebtedness outstanding and owed by the Developer. To the
extent that no such indebtedness is outstanding, then the Proceeds shall accrue to the benefit of
the Developer and its successors and assigns as their interest may appear.
IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed as of this
Zv day of u v lott, �Cj L . 2009.
LM
I N�
David Druey, Senior Vice President
kaes R. Flannagan
JUIVk Haley
24
FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which hereby is acknowledged, The
Glen Abbey Court Subdivision Property Owners Association, Inc., an Arkansas non-profit corporation, hereby
agrees to accept all of the benefits and all of the duties, responsibilities, obligations and burdens imposed upon
it by the provisions of this Amended and Restated Bill of Assurance and Declaration of Covenants and
Restrictions for The Glen Abbey Court, and Exhibits attached hereto.
IN WITNESS WHEREOF, The Glen Abbey Court Subdivision Property Owners Association, Inc. has
caused this instrument to be executed in its corporate name by its President attested by its Secretary on this
day of &jy' Uxnc� 92009.
THE GLEN ABBEY COURT SUBDIVISION
PROPERTY MARS ASSOCIATION, INC.
I:
ATTEST:
k- 74�,O&
Kevin Hester, Secretary
1
David Druey, President
Revlewad orly tar +a: =01 ct m:^mum ` iwns•
the C'sty el UWa Flea ct;bdivi^iOn
required by r rov'ssions �xµbl'shed by the
Bill of AssUrar�r cf tha
developer may rxoeed m,ns�f u zcr�ls13 ordi� 2r== :
ldtte Rock subtttviSion
City of Little Rock Planning Corn 1
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ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF PULASKI )
On this day before me, a notary public, duly co mi sioned, qua ' aed and acting, within and for said
county and state, appeared in person the within- ed , to me personally well
known, who stated that he/she was the of CENTENNIAL BANK, hnd was duly authorized in
such capacity to execute the foregoing instrument for and in the name and behalf of said company, and further
stated and acknowledged that he/she had so signed, executed and delivered said foregoing instrument for the
consideration, uses and purpose therein mentioned and set forth.
IN TESTIMONY WHEREOF l have hereunto set my hand and official seal this 2-14— day of
NC1�Z3t-,r , 2009.
o ary Public / /
My Commission Expires: `t ,)Oa
f
ACKNOWLEDGMENT
DONf'sA r, ERS
Notary Public: Arkansas
STATE OF ARKANSAS ) Faufkne.: Gaunty
)SS. 412"�59853
COUNTY OF PULASKI ) �My ...... s017
01
x 4-a 2
On this day before me, a notary public, duly commissioned, qualified and acting, within and for said
county and state, appeared in person the within -named David Druey and Kevin Hester, to me personally well
known, who stated that they were the President and Secretary, respectively, of The Glen Abbey Court
Subdivision Property Owners Association, Inc., an Arkansas non-profit corporation, and were duly authorized
in their respective capacities to execute the foregoing instrument for and in the name and on behalf of said
corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing
instrument for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I ha a hereunt hand and official seal this day of
N•0 V(a'bl-,'� 0� 2009.
Notary Pu lic
My Commission Expires:
OGERS
Notary r'ublic - Arkansas
r--a1 neu ounty
123 596 3
xp
26 a-4-2017
- --_ _ x.
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ACKNOWLEDGMENT
STATE OF
COUNTY OFA�UID10)X
On this day personally appeared before the undersigned, a Notary Public within and for the County and
State aforesaid, duly qualified, commissioned and acting, James R. Flannagan, who stated that he had executed
the foregoing instrument for the consideration and purposes therein mentioned and set forth.
WITNESS my hand and official seal on this
My commission expires:
t4rg l 'V/
(SEAL)
STATE OF Aepftns r-*S
COUNTY OF Fes,+.&-k Nr._��
DONNAG. RGGMRS
Notary Public - Arkansas
Faulkner County
S
r1235a?5:
ACKNOWLEDGMENT rY�y Commiss;ero Exp. a-4-20?7
On this day personally appeared before the undersigned, a Notary Public within and for the County and
State aforesaid, duly qualified, commissioned and acting, Julie A. Haley, who stated that he had executed the
foregoing instrument for the consideration and purposes therein mentioned and set forth.
WITNESS my hand and official seal on this
My commission expires:
`�
)002:2
(SEAL)
❑ONW- G. RGGERS
e.
Notary Pubic - Arkansas
Fayuµylkrler ��Cy�p+ounty
2%
C:\Documents and Settings\dad3573.HB1\Loca1 Settings\Temporary Intemet Fi1es\0LK1\Bi11 ofAssurancev2 (2).doc
ACKNOWLEDGMENT
STATE OF Gbt�
COUNTY OF Aalapa.,
On this day personally appeared before the undersigne , a Notary P is within and for the County and
State aforesaid, duly qualified, commissioned and acting, , who stated that he had
executed the foregoing instrument for the consideration and purposes therein mentiofied and set forth.
WITNESS my hand and official seal on this d of svL , _ Zcvq
My commission expires:
[� Nat Public
(SEAL)
I
�fo
p�bRO❑N 'arryicn asayFaulknei out
#g2,_J 653 F N'fy Eommiss oxA. 4-4-2017
27
C:\Documents and Settings\dad3573.HB1\ocal SettingsUemporary Intemet Files\OLKI\Bill of Assurancevldoc
City of Little Rock
Planning and Development
Filing Fees
Date :_'' , 20
Annexation
Board of Adjustment
Cond Use Permit/T U P
Final Plat
Planned Unit Dev
Preliminaiy Plat
F
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at ea
Public Hearing Signs
Number -at -ea
Total
File No —Zc�:—
Location
Applicant L.c�
By