HomeMy WebLinkAboutS-1670 Application2011018358 Received: 3/28/2011 2,19:05 PM
Rec 8i2f�9�i 02 28 fl9-PM-tledA -- -- —
Recorde in Offl ial Re� r�ds of L rry Crane,
PULASKI OUIV CIRCI T1COUN Y CLERK
Fees $1.05. 0
2011023277 Received: 4/20/2011 3:29:46 RM
Recorded: 04/20/2011 04:00:39 PM Filed &
Recorded in Official Records of Larry Crane,
This Instrument Prepared B _
p y
PULASKI COUNTY CIRCUlTjPQUNTY CLERK
+++'` rr,,
Fees S110.00 . ,
G1RCU '•
Christopher O. Parker, Esq.
•` O '' s'=r:
Eichenbaum, Liles & Heister, P.A.�''
�br• .t;.�; •G
1
124 West Capitol Ave., Suite 1400
Little Rock, AR 72201-3736
= rn ; #� A
= _
*re-recording to attach correct legal description �ff7r •��,_ �, ter:
' pl ,",
Declaration of Covenants, Conditions and Restrictions 'r4pCQUNTiI
for Valley View
Court a Subdivision to the City of Little Rock, Pulaski County, Arkansas"
THIS Declaration of Covenants, Conditions and Restrictions, referred to herein as the "Declaration", is made this day of
, by Mtontagne Development, LLC, an Arkansas limited liability company, sometimes referred to herein as
"Developer", concerning the subdivision known as Valley View Court, referred to as "the subdivision".
WITNESSETH
WHEREAS, the Developer is the Owner of the real property located in Pulaski County, Arkansas, being more fully described in
Exhibit A attached to this Declaration and incorporated herein by reference, sometimes referred to herein as the "Property'; and
WHEREAS, the Developer has plans to develop and plat the aforesaid Property into a Single Family community, and subdivided
such Property into forty-two (42) individual, quality, residential Lots; and
WHEREAS, the Developer intends for the residential Lots to -be improved to include six (6) buildings consisting of three (3) separate patio
homes (triplexes) and twelve (12) Buildings consisting of two (2) separate patio homes (duplexes) to be sold separately as separate Lots and
Single Family Dwellings defined below in Section 1; and
WHEREAS, the Developer desires that the entire Subdivision constitute a residential community, with rights and obligations toward the
Ownership and maintenance of landscaped yards, common areas at or near the entries to the Subdivision, the signs identifying the
Subdivision, and any other common areas or amenities; and
WHEREAS, the Developer desires to provide for building and use restrictions to promote and insure that the Subdivision is a quality Single
Family community, to protect the property values of all Owners within the Subdivision, to insure that all hoincs are constructed of
quality materials and workmanship, and are constructed and maintained compatible with other homes in the Subdivision.
NOW T1 t> R PORE, in cousideration of the foregoing and for the purpose of enhancing and protecting the value and desirability thereof, the
Developer hereby declares and subjects all of the Property described in Exhibit A, now known as Valley View Court, as it is platted to the
covenants, charges, assessments, conditions and restrictions set forth in this Declaration, all of which shall run with said Property and shall
benefit and be binding upon all parties and all persons owning all or any part thereof and their heirs, personal representatives, successors
and assigns. Any and all contracts, purchase agreements, or Deeds affecting any of the Property or Lots therein shall be deemed to have
these covenants and restrictions incorporated therein by reference, and any and all such contracts, purchase agreements, or Deeds affecting
any of the Property or Lots therein shall be conclusively held to have been executed, delivered, and accepted with full knowledge of all
covenants and restrictions contained herein. Furthermore, it is expressly declared and agreed that these covenants also benefit the
Developer and future Owners of the Property because of the interest of the Developer and such future Owners in having the entire Property
constructed and maintained in an attractive manner for the benefit of all Owners of any portion of the Property.
Furthermore, the Developer intends to subdivide and plat parts of the Property from time to time into building lots, streets and easements
for access, drainage, utilities, and other purposes and to that end Developer has caused a Plat, filed herewith, prepared by Timothy E.
Daters, showing a survey made by Paul M. White, a registered land surveyor, bearing a certificate of approval of the City of Little Rock
Planning Department and showing the metes, bounds and dimensions of that part of the Property that the Developer now desires to
subdivide and plat into Lots 1-7 and 24-34 and associated easements as shown on said Phase I Plat which is filed for record
_ _a--A-T 2011 in Book / as Document , in the office of the Circuit Clerk and Ex-Officio Recorder
of Pulaski County, Arkansas. 90 11 OA 3 :�,-7 $
4- 2""
Developer warrants and represents that it has laid off, platted and does hereby lay off, plat and subdivide the Lots hereinabove described ii
accordance with the aforesaid Plat. The lands described on the Plat identified above and embraced in the Plat shall be forever known as
Lots 1-7 and 24-34, Valley View Court, an Addition to the City of Little Rock, Pulaski County, Arkansas, and any and every deed of
conveyance of each respecti ve Lot describing the same by such numerical character as shown on the Plat shall always be deemed a
sufficient description thereof The filing of this DECLARATION, PLAT, RESTRICTIVE COVENANTS AND BILL OF ASSURANCE
in the office of the Circuit Clerk and Ex-Ofiicio Recorder of Pulaski County, Arkansas shall be a vaiid and complete delivery and
dedication of the streets and easements shown on said Plat.
Developer deems it advisable that the title to the Property be held, owned and conveyed subject to the protective and restrictive covenants
and reservations herein set forth in order to enhance the value of the Property and to insure the proper use and appropriate development
and improvement of the Property.
SECTION I
CONCEPTS AND DEFINITIONS
The following words, whether or not capitalized, when used in this Declaration or in any amended or supplementary Declaration (unless
the context shall otherwise clearly indicate or prohibit), shall have the following respective concepts and meanings:
"Amended iarati " shall mean'and refer to each and every instrument recorded in the Records which amends, supplements, modifies,
clarifies or restates some or all of the terms and provisions of this Declaration, or adds additional parts of the Property to the Subdivision.
"Architectural Contra] Committee" or "ACC" .shall mean and refer to the Developer or after the Developer had delegated its authority to that
particular committee which may be from time to time be appointed or selected pursuant to Section II hereof.
"Articl es" shall mean and refer to the Articles of Incorporation of the Association, as the same may be from time to time duly amended or
modified.
"Assessments" shall mean any charge levied against a Lot, Owner, etc. pursuant to this Declaration.
"Associappn"" shall mean and refer to the Property Owners Association, which shall be formed as an Arkansas non profit corporation which
after delegation by the Developer has the power, duty and responsibility of maintaining and administering certain portions of the
Subdivision and all of the Common Properties, administering and enforcing the Declaration and otherwise maintaining and enhancing the
quality of life within the Subdivision.
oare or "Board of Director" shall mean and refer to the Board of Directors of the Association.
"Bui Wing Contractor or BuildeL" shall mean ageneral contractor, building contractor, construction manager, architect, or Owner,
provided that such person meets the criteria established by the ACC under the provisions of this Declaration.
"By-laws" shall mean and refer to the Bylaws of the Association, as adopted and amended from time to time in accordance with the
provisions of this Declaration and the Arkansas Non Profit Corporation Act of [993 or other applicable laws promulgated by the State of
Arkansas.
"Class A Member" shall mean each Owner of a Single Family Lot whether his Improvement is part of a duplex or triplex.
"CIM§ A MqMW shall mean the Developer.
" i " shall I mean and refer to the City of Little Rock, Pulaski County, Arkansas.
"Common PrQerties" shall mean and refer to any and all areas of land within the Subdivision which are known, described or designated
as the real property, excluding the public streets and individual residences (including driveways) delineated by the respective slabs on
which they are built; including but not limited to the sidewalks, walkways, paths and the like; the trees, shrubs, easements for maintenance
of landscaping the yards, gardens, bodies of water, and all other areas and facilities of common ownership or use that is determined by the
Developer or the Association to enhance the Subdivision.
"Cove cants" shall mean and refer to all covenants, conditions, restrictions, easements, charges and liens set forth within this Declaration or
any Amended Declaration.
"Days„ as used herein shall mean calendar days, with the exception of "business days" which term shall mean each day except for any
Saturday, Sunday or legal holiday under the laws of the State ofArkansas or the United States of America
"Developer" shall mean and refer to Montagne Development, LLC, an Arkansas limited liability company, and any or all successors and
assigns thereof with respect to the voluntary disposition of all (or substantially all) of the right, title and interest of Montague Development,
LLC in and to the Subdivision; provided however, no Person merely purchasing one or more Lots from Montagne Development, LLC or its
successors or assigns in the ordinary course of business shall be considered a "Developer."
"DeCiarntinn" shall mean and refer to this particular instrument entitled: "Declaration of Covenants, Conditions and Restrictions for Valley
View Court, City of Little Rock, Pulaski County, Arkansas," together with any and all amendments, modifications or supplements hereto.
"Deed" shall mean and refer to any deed, assignment, testamentary bequest, monument of title or other instrument, or intestate inheritance
and succession, conveying or transferring fee simple title or a leasehold interest or another legally recognized estate in a Lot.
"Devel2nment Period" shalt mean a period commencing on the date of the recording of the original Declaration in the Records and continuing
thereafter until and ending on the earlier of (a) one year from the date of the completion of construction and issuance of a certificate of
occupancy by the City of Single Family Dwellings on one hundred percent (100%) of the Lots in the Subdivision, or (b) all parts of the
Property have been platted into Loots and a majority of all Lots in the Subdivision have been sold by the Developer, or (c) the date the
Developer voluntarily terminates its Class 13 Member status by recording a written notice of such termination in the Records.
"Director" shall mean and refer to any duiy appointed or elected member of the Board.
"Single Family Dwelling" shall mean a residential building or structure that consists of one Patio Home whether within a duplex, triplex or
otherwise. Each Patio Home may share one or more common walls and common roof with other separate Patio Homes, but shall be
considered a separate Single Family Dwelling for purposes of this Declaration.
"Lot" shall mean and refer to each separately identifiable portion of the Subdivision which is (a) platted into individual Lots and becomes a
part of the Subdivision pursuant to. a Plat filed and recorded in the Rewids, (b) assessed by any one or more of the applicable
governmental or other taxing authorities, (c) to be used solely for a Single Family Use.
"Patio Horne" shall mean and refer to any portion of a Dwelling situated upon any Lot that is designed and intended for Residential Use
delineated by the slab, extension walls, roof and firewalI or firewalIs (the "Dwelling Ext rior") including the individual driveway
servicing each Patio Home.
"Yard" shall mean and refer to a]1 portions of a Lot except for the driveway and slab delineating the individual Patio Home which Yard is
subject to an easement held by the Developer or the Association for installation and maintenance of coordinated landscaping by the
Developer or Association as the case may be.
"Improvement" shall mean any physical change to raw land or to an existing Structure which alters the physical appearance; characteristics or
properties of the land or Structure, including but not limited to the new construction of a Structure or Structures and related amenities, adding
or removing square footage area or space to or from a Structure, painting orrepainting a Structure, or in any way altering the size, shape
or physical appearance of any Structure or any building or other improvement, temporary or, permanent, located on any Lot.
"Lot" or "Lots" shall mean and refer to a Lot or any other type of Lot reflected on any Plat or all of the Lots.
"Mcmbm" shall mean and refer to each Owner, who is in good standing with the Association, who has filed a proper statement of residency
with the Association, who has complied with all directives and requirements of the Association, and who otherwise satisfies the requirements
set forth in this Declaration hereof. Membership shall consist of two (2) classes, the Class A Members and the Class B Member.
"owner" shall mean and refer to the holder(s) of record title to the fee simple interest of any Lot (subject to the yard easement) whether
or not such holder(s) actually resides) on any part of the Lot, excluding those having any such interest merely as security for the
performance of an obligation.
"Person" shall mean an individual, partnership, joint venture corporation, limited liability company, joint stock company, trust (including a
business trust), unincorporated association or other entity, or a government or any political subdivision or agency thereof.
`Plat" or "Plats" shall mean and refer to the final Subdivision Plat or plats of the Subdivisions, which have been approved by the City and
filed and recorded in the Records.
"Properly" shall mean the real property, together with all improvements, easements, rights and appurtenances thereto, located in Maumelle,
Pulaski County, Arkansas, being more fully described in Exhibit A attached to this Declaration and incorporated herein by reference.
"Records" shall mean the Public Real Estate Records as maintained in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski
County, Arkansas, including the map and Plat Records of Pulaski County, Arkansas.
"Res Bent" shall mean and refer to:
(a) each Owner of the fee simple title to any Lot within the Subdivision; and
(b) each Person residing within any part of the Subdivision who is a bona -fide lessee pursuant to a legally cognizable
lease agreement with an Owner; and
(c) each individual Iawfully domiciled in a Patio Home other than an Owner or bona -fide lessee.
"Residential Uls shall mean and refer and/or occupancy of any Patio Home as a residence by a single person, a couple, a single
family or a permitted family size group of persons approved by the Beard.
"Streets" shall mean the tight -of -way of all Streets, sidewalks and other rights -of --way situated within, and shown on the Plats,
together with all pavement, curbs, Street lights, signs and related facilities thereon..
"Structure" shall mean and refer to: (a) any thing or device, other than trees, shrubbery [less than two (2) feet high if in the form of a hedge in
respect to a Lot) and landscaping (the placement of which upon any Lot shall not adversely affect the appearance of such Lot), including
but not limited, to any building, improvement, parking facility or area, garage, porch, shed, greenhouse or bathhouse, cabana, coop or
cage, covered or uncovered patio, play apparatus, fence, curbing, paving, wall or hedge (more titan two (2) few high if in the form of a hedge
in respect to a Lot), signboard or other living quarters or any temporary or permanent. improvement to any Lot; (b) any excavation, fi it or
ditch; (c) with respect to Lots and, any enclosure or receptacle for the concealment, collection and/or disposition of refuse; and (d) any change
in the grade of any Lot which involves a change of more than three (3) inches from the existing grade initially approved by the applicable
ACC.
"Subdivision" or "Subdivisions" shall mean and refer to a subdivision or subdivisions of all or a portion ofthe Property, in accordance with a
Plat or Plats thereof heretofore or hereafter filed of record in the Records, as well as any and all revisions, modifications, corrections or
clarifications thereto.
"Violations Committee" shall mean and refer to that particular committee which may be from time to time appointed or selected
pursuant to this Declaration.
"Yard" shall mean and refer to the area of the Lot located between the Dwelling Exterior and the streets and/or property lines for each Lot.
SECTION II
DUTIES AND OBLIGATIONS OF THE ASSOCIATION AND RESIDENT
A. DUTIES AND OBLIGATIONS OF THE DEVELOPER AND ASSOCIATION. The Developer, and following a delegation
in writing by him, the Association shall be obligated to manage and maintain the Common Areas, including the yard easement and
common amenities, but excluding repair of the driveways Iounted on the Lots, roofs and exterior walls and other portions ofthe
Dwelling Exterior which are not Common Areas under those Covenants. The Association shall maintain the property's aesthetic quality as
contemplated by the Developer. The Association shall be responsible to insure that all Residents cooperate to maintain the status quo of
the property as contemplated by the Developer and Association and shall assess penalties against any Resident who refuses to comply.
B. DUTIES AND OBLIGATIONS OF THE RESIDENT. The Resident shall be obligated to bear its share of the cost for the
Association to maintain the Common Areas, as described above in Section II.A. Furthermore, the Resident shall be obligated to bear
any cost the Association may incur to repair or replace the driveways located on the Resident's respective Lot. The Resident shall be
mponsible to maintain the Dwelling Exterior and all parts of each Patio Horne within such Dwelling Exterior, and comply with any and
all rules or regulations cull ined by the Association and shall cooperate to maintain the status quo of the property as contemplated by the
Developer and Association.
SECTION III
GOVERNING BODIES
A. GENERALLY. These Covenants shall be implemented by the Developer and as specifically delegated by him in writing to the
Association, the Beard of Directors of the Association (including the Board of Directors appointed Building Manager) and the
Association's Architectural Control Committee and Violations Committee, as- established herein.
B. PROPERTY OWNERS ASSOCIATION.
Membership.
a. Each and every Owner of each and every Lot within the Subdivision shall automatically be, and must at all times
remain, a Member of the Association in good standing, and shall be bound by the terms and conditions of this Declaration, the Articles
and Bylaws of the Association, and such rules and regulations as may be promulgated and adopted by the Associatian under such
Articles and Bylaws. Each and every Resident (who is not otherwise an Owner) may, but is not required to, be a non -voting Member of
the Association. Membership of an Owner in the Association small be appurtenant to and may not be separated from the Interest of such
Owner in and to any portion of a Lot Ownership of any Lot shall be the solo qualification for being a Member, however a Member's
privileges to use the Common Properties may be regulated or suspended as provided in this Declaration, the Bylaws or the rules and
regulations promulgated by the Board. Any Person who holds an interest in and to a or any part cf a Lot merely as security for the
performance of an obl igation shalI not be a Member.
b. During the Development Period, the Association shall have two (2) classes of
Members: Class A- 'Die Class A Members, shall include all Owners (other than the
Dec[arant) of Lots. Class B: The Class B Member shall be the Developer.
c. Except as provided in this Declaration, the Develop or, and after delegation to it, the Association shall be the sole judge
of the qua liftcations of its membership and of the right to participate in and vote at its meetings, and shall have the right to prescribe the
procedure to be followed concerning all such meetings and votes.
2. Transfers. The membership of an Owner may not be. severed from or in any way transferred, pledged, mortgaged or alienated
except upon the sale, assignment or transfer of such Owner's interest in all or any part of such Owner's Lot and then only to the
purchaser, assignee or transferee as the new Owner of the Lot in question. Each Owner shall notify the Association of any transfer or
assignment of the fee title to hislherlits Lot and the name and address of the transferee or purchaser. Such transfer shall automatically
operate to transfer the membership to the new Owner thereof. 0n transfer, conveyance, or sale by any 0wner of all of his or her interest in
any Lot, such Owner's membership in the Association shall thereon cease and terminate. An Owner of a lot, by contracting to sell his Lot
on an installment basis, sbali be deemed to have transferred his membership to the c<mtract purchaser upon execution of the contact for sale.
When an Owner sells his Lot by traditional offer and acceptance providing for a closing of the sale to occur at which time the purchaser will
pay the purchase price to the seller or deliver to the seller a promissory note for the purchase price in exchange for a conveyance by deed
of the property, the transfer of membership shall be deemed to occur upon delivery of the deed. For purposes o£this Declaration, the
"Owner" shall be deemed to include the purchaser under an installment contract, regardless of whether a deed has been executed to be
held in escrow or whether the deed will be executed and delivered upon payment in full of the instalment payments. The Articles of
Incorporation and By -Laws of the Association, as may be amended from time to time, are incorporated by this referents to the sane effect
as if set forth word for word herein.
Voting Rights.
a. During the Development Period only the Class B Member shall constitute the voting Members of the Association. The
Class B Member shall be entitled to cast one (1) rota for each Lot located within the Subdivision. All votes relating to the 0wner-ship of a
Lot shall be cast by the Developer to the exclusion of the Class A Members.
b. Following the expiration of the Development Pcriod the Class A and Class B Members shall constitute the voting
Members of the Association, The Owners of each Lot in good standing shall be entitled to one (1) vote per Lot. Where more than one
Owner owns and holds a record fee interest in a Lot, either as joint tenants, tenants -in common, or tenants by the entirety, for the purposes
of voting at meetings of the association or on issues submiued to the Members, said multiple Owners shalI cast ane vote collectively
for each Lot owned.
c. Any Owner or Member shall not be in "good standing" if such Person is: (i) in violation of any portion of these Covenants
or any rule or regulation promulgated by the Board or any portion of applicable laws, rules, regulations and ordinances; or (ii)
delinquent in the full, complete and timely payment of any assessment or charge which is levied, payable or collectible pursuant to the
provisions of these Covenants, the Bylaws or any rule or regulation promulgated by Ili Soard. The Board may suspend [fie uot[irg rights of
any Member who is not in goad standing for any period during which such Member remains not in good standing. The preceding clause
shall control over any provision of this Declaration to the contrary.
d. After delegation to the Association by the Developer, the Board may make such rules and regulations, consistent with the
terms of this Declaration and the Bylaws, as it deems advisable, for: (i) any meeting of Members; (ii) proof of membership in the
Association; (iii) the status of good standing,; (iv) evidence of right to vote; (v) the appointment and duties of examiners and inspectors
of votes; (vi) the procedures for actual voting in person or by proxy; (vii) registration of Members for voting purposes; and (viii) such
other matters concerning the'eonduct of meetings and voting as the Board shall deem fit.
4. Notice; Voting Procedures; Meeting. Quorum, notice and voting requirements of and pertaining to the Association may be set
forth within the Articles andlor Bylaws, as either or both rnay be amended from time to time, and shall be in accordance with permitted
Arkansas law. During the Development Period, from time to time, as and when determined necessary by the Board, the Board may call and
schedule a mecting of the Members. From and after the expiration of the Development Period, the Members shall meet annually to deal with
and vote on matters relating to the business of the Association, as directed by the Board, including the election of the Directors.
5. Matters Generally Subject of the Vote of Members. Additionally, to the extent that the Board desires to encumber any portion of
the Common Properties as security for payment of indebtedness incurred in respect to improvements to the Common Properties, the Hoard
shall obtain the prior approval of the Members,
Registration with the Association.
a. In order that the Declarant and the Association can properly acquaint every Lot purchaser and every Owner, Member
and Resident with these Covenants and the day-to-day matters within the Association's jurisdiction, no acquisition of any Lot within
the Subdivision shall become effective until and unless all d�rectives by, and all obligations to, the Association and the Declarant
have been properly and timely satisfied:
b. Each and every Owner, Member and Resident shall have an affirmative duty and obligation to originally provide, and
thereafter revise and update, within fifteen (15) days after a material change has occurred, various items of information to the.. Association
such as: (a) the full name and address of each Owner, Member and Resident; (b) the full name of each individual family member who
resides within the Patio Home of the Lot Owner in question; (c) the business address, occupation and telephone numbers of each Resident;
(d) the name, address and telephone numbers of other local individuals who can be contacted (in the event the Resident cannot be located)
in case of an emergency, and (e) such other information as may be reasonably requested from time to time by the Association. Failure
to provide the Association with a name and proper mailing address shall constitute a waiver of any notice otherwise required hereunder.
Other Matters.
a. The official address of the Association is to be provided to all Members by the Board of Directors of the Association,
and shall remain so until changed by a majority of the Board of D'reetors of the Association, at which time the Association shall notify
each Member thereon of the change in address.
b. The Association shall, at all times, observe all of the laws, regulations, ordinances, and the like of all governmental
authorities recognized in the City, the State of Arkansas, and of the United States of America, and if, at any time, any of the provisions of
this Declaration shall be found to be in conflict with such laws, regulations, ordinances, and the like, the same shall become null and void,
but no other part of this Declaration not in conflict therewith shall be affected thereby.
c. By written consent of a majority of the Owners of all the Lots within the Subdivision (one per Lot), the Association
may be given such additional powers and duties as may be deemed necessary and reasonable, and by such vote, this Declaration may be
modified or amended in any manner. During the Development Period, the Developer shall have the sole authority to give the
Association such additional powers and duties as may be deemed necessary and reasonable.
d Subject to the limitations set forth in this Declaration, the Association shall have the tight to make such reasonable rules
and regulations and to provide such means and to employ such agents as will enable it adequately and properly to carry out the
provisions of this Declaration.
e. The Association has authority to appoint a management team to manage the day today affairs of the Association and
shall be authorized to pay a reasonable fee to retain said management team. During the Development Period, the initial management
team shall be the Declarant.
C. PROPERTY OWNERS ASSOCIATION BOARD OF DIRECTORS. The Board of Directors of the Association shall
consist. initially of two (2) directors, consisting of Jim Swink and ,Tune Swink who shall serve a term as follows: (a) one year from the
date of the completion of construction and issuance of a certificate of occupancy by the City of Single Family Dwellings on one
hundred percent (100%) of the Lots in the Subdivision, or (b) until a majority of Lots have been sold by the Declarant, or (c) the date
the Developer voluntarily terminates its Class B klembcr status by recording a written notice of such termination in the Records. The
details of the directors' authority and duties are as follows:
To be elected
l . Authority and Duties.
a. Any Owner seeking to construct a Single Family Dwelling or other pertinent Structure, or to add or to modify any portion
of the exterior of an existing Single Family Dwelling, shall submit the plans and written specifications to the Developer, and after
delegation by the Developer to the ACC for review, Submittals shall include building elevations and materials, building location or plat
plant, finished lot elevation and grades, and exterior color scheme. Ali specifications of the home exterior shall include, but shall not be
limited to, decks, hot tubs, patios, pools, additions to or deletions of planted or landscaped areas, equipment and material storage
buildings, dog runs, gazebos, arbors, roofing material, exterior lighting, exterior building materials, and other similar construction.
b. No construction, change, modification or alteration shall commence until the plans and specifications detailing the nature,
kind, shape, height, construction materials, and location of the Improvements on the Lot, and a landscaping plan for the Lot, shall have
been submitted to, and approved in writing by, the Developer or the ACC. In the event the Developer or the ACC fails to approve or
disapprove said specifications within thirty (30) days after written confirmation by the ACC that sufficiently complete plans and
specifications have been submitted to it, approval will not be required and full compliance with this section of the Declaration will be
deemed to have -occurred. It shall be the responsibility of the Lot Owner to obtain the written confirmation that sufficiently complete
plans and specifications have been submitted.
c. Without limiting the factors to be considered in the approval or disapproval of any plans and specifications submitted to it,
the Developer or the ACC shall apply the building restrictions set forth below under this Declaration. The initial aesthetics of the
building shall be strictly adhered by the Developer or the ACC.
d. Notwithstanding the foregoing provisions, the Developer or the ACC and the Association shall have no affirmative
obligation to be certain that all elements of the design comply ■vith the restrictions contained in the Declaration, and the Developer and no
member of the ACC or the Association and its Board of Directors shall have any liability, responsibility or obligation whatsoever for any
action or decision, or lack thereof The Developer or the ACC and its members shall have only an advisory function, and the sole
responsibility for compliance with al I of the terms of this Declaration shall rest with the Lot 0wrier. Each Lot Owner agrees to save,
defend, and hold harmless the ACC and the Association and its members on account of any activitI..o
ies of the ACC relating to such t
Owners' properly or Improvements to be constructed.
e. Only Building Contractors who have been approved by the Developer or the ACC shall be allowed to construct any
improvements within the Subdivision. The ACC shall, from time to time establish such criteria, as it may deem appropriate for the
approval of Building Contractors. Such criteria may include, but shall not be limited. to, a current certficate of workmen's compensation
insurance, a current certificate of general liability insurance, and current appropriate licensing, if applicable.
f. The Association shall insure the Single Family Dwelling against risks without prejudice to the right of each owner of each
Lotto insure its Single Family Dwelling on its own account or for its own benefit. The Association shall carry full replacement value
insurance for the property and each Lot Owner shall be responsible to carry full replacement vaiueinsurance for the coin tents of the
properly. In case of fire or casualty, each Lot owner to which Iass occurred shall be responsible to rebuild to pre -loss condition. If any of
the owners of one or more Lots refuse to make such payment, the Association may proceed with the reconstruction at the expense of all the
owners of the Lots benefited thereby, and that owner forfeits its property to the Association.
g. The Association shall be responsible to maintain, collect and assess fees/penalties/liens on delinquent property
owners' assessments.
D. VIOLATIONS COMMITTEE,
1. Purpose and Structure. A Violations Committee shall be created after the Development Period has expired in order to receive
grievances and form complaitits for submission to the Board of Urectors. The Violations Committee shall be composed of three (3) members,
who shall be appointed by the Board of Directors; and the terms of such members shalt be three (3) years. In the event of the death or
resignation of a member, Uic Board shall have the authority to appoint a successor to complete the terse of the deceased or resigning member.
2. Procedure, Any Lot Owner may file a written grievance with the Violations committee regarding a violation, or attempted
violation, of these Covenants. The identity of the reporting Owner may, at the reporting Owners election, remain anonymous, and in that
case, no governing body of the Subdivision may disclose the identity of the reporting Owner. If the Violations Committee substantiates the
violation, the Committee shall draft a formal complaint and forward it to the Hoard of Directors for action not inconsistent with this section.
All Owners and Residents consent to be bound by this Committee's decision. Violations are subject to the following fines: Penalty for
vandalism ar maIicious use of the property: $250.00 or cost of repair, whichever is greater, Other violations: First offense - w enter
wamiag by Board Appointed Representative; Second offense - written waming by the Board of Directors of the Property Owners'
Association, Third offense - S100.00 fine. Any fine shall be assessed repeated iy upon failure of a resident to correct the infraction after a
notice to desist has bcen issued. Any fin levied shall be collected in the same manner as property owners' assessments. Violators may be
granted an opportunity to be heard before the Board of Directors of the Property Owners' Association should they so choose.
3. Enforcement. Upon receipt of a formal complaint from the Violations Committee, the Board of Directors shall notify the
offending party of the violation and request that it be rectified within ten (10) days. If die violation is not cor=ted within that time, after
proper notice of the violation having been given, the Beard of Directors may proceed with reasonable diligence to seek judicial enforcement
of its decision. In the event the Board seeks judicial enforcement, the offending Owner shall be held liable to the Board for payment of all
costs incurred by it in seeking the enforcement of the Covenants, including attomey's fees.
4. Building Manager. The Board of Directors shall appoint a Building Manager who shalI be responsible for Elie day to day
management of the Association. Employees arc under the supervision of die appointed Building Manager or the appointed representative of
1}te 13oard of Administration of the Association (hereinafter "Board Appointed Representative"). Any aide which is required to maintain or
repair any of the Lots and/or Buildings should be arranged with the Board Appointed Representative.
SECTION IV
BUILDING AND USE RESTRICTIONS
A. BUILDING SITE. A "building site" shall consist of one or more numbered Lots as shown on the face of the Plat or
any modifications or adjustments thereto. No individual Lot may be split to create two or more Lots.
B. CONSTRUCTION AND GRADING. No Single Family Dwelling, or other buildings, Improvements or Structures shall
be erected, constructed, maintained, or permitted on such Lots, except on a "building site" as defined above. Further, alI Lot grading .
and drainage shall be approved by tite Developer, or after delegation by the ACC and witI conform to the approved subdivision -
grading plan.
C. BUILDING TYPE.
1. No Single Family Dwelling shall be constructed that is more than one (1) story in height or more than one thousand, six
hundred and twelve square feet (1,612 sq, tt.) or less than one thousand four hundred and two square feet (1,402 sq. ft.) of heated area per
side, exclusive of carports, garages, basements and storage rooms. Particular architectural styles, features, appointments and details may
not be approved, at the discretion of the ACC, if deemed to bo incompatible or non -confornung to the standard of quality or aesthetics
promoted within the Subdivision. Additionally, "minimum code" specifications shall not be the standard by which the ACC shall be bound,
but rather by any level above that is deemed appropriate minimums for consistency of quality within the Subdivision. Examples of the
approved building structure and Architechtral plans are attached hereto as Exhibit "C".
2. With regard to Single Family Dwelling, each Patio Home shall have two (2) attached one (1) car garage and must be kept
and ;maintained as part of the respective Patio Home. Garage doors must be kept closed when not in use for the purpose of ingress or
egress of automobiles.
3. Any limitations in this Declaration to the contrary notwithstanding, until Single Family Dwelling have been constructed on all
Lots in the Subdivision, the Developer shalt be entitled to use any Lot owned by Developer for construction of model, sales offices,
construction sheds or for storage of materials. Revisions to approved architectural plans are discouraged; however, any revision to any
previously approved plan should be for upgrade purposes only. All revisions must be submitted to the ACC as set forth herein prior to
commencing construction and shall be approved by 100% of the Lot owners.
D. BUILDING MATERIALS. The exterior wall of each building constructed or placed on a Lot shall be (100%) brick or stone.
All exterior colors and materials of any material must be compatible and approved by the Developer or the ACC.
E. ROOFS. All roofing material shall be approved by the Developer or the ACC prior to the installation of such materials. Such
materials shall be architectu ral shingie or better and shall beothenvise in compliancein all respects with applicable City
ordinances.
COUNTER TOPS. Granite counter tops shall be installed in all kitchens.
G. WINDOWS. All buildings shall maintain the same type of windows as were originally installed by the Developer. In order
to prevent damage to the Single Family Dwelling, all windows must be shut and secure when Residents are not present on the
premises:
H. EASEMENTS. Easements for installation and maintenance for landscaping in the yard and for installation and maintenance
of utilities and drainage facilitics are reserved on each Lot as reflected on the recorded Plat Within these easements, no Structure,
planting or other matcri al (except driveways across any Lot) shall be pi aced or permitted to remain which may interfere with
landscaping and the operation, installation or maintenance of utilities, or which may change the direction of €low of drainage channels
in the easement, or which may obstruct or retard the flow of water toward or through drainage in the easement. Driveways permitted
within the easement shall be constructed so as not to prevent any flow of water or change the #low in the area of each Lot and all
improvements for which a public authority, the Association, or any utility company is responsible.
1. UTILITIES. Except for overhead power lines, all permanent utilities shall be located underground. In the event that utilities
to any Patio Home have boon shut of, the Association shall have the right to resume service for that particular Patio Home and assess any
late fees, etc, to the responsible Lot owner.
1. F-XTER10R. MECHANICAL DEVISES, Air conditioning units, heat pumps, solar devices, chimney flues, hot tub pumps,
satellite dishes, and similar mechanical equipment shall be aestheti cal ly concealed fi-om view on all sides and shall be shielded in such a
manner as to minimize noise and safety concerns. The location of such devices and the shielding to be used shall all be. reviewed and
approved by the Developer or the ACC prior to installation-
K. ALTERATIONS. No alteration or addition to any of the common areas shall be made without prior written consent of the
Board Appointed Representative and shall be subject to majority vote of all homeowners.
L. FENCING. Generally, any fencing is strictly prohibited on the property. Any variation from this prohibition must be
approved by the Developer or the ACC.
M. SIDEWALKS. Sidewalks shall be installed on each Lot by the Developer as required by the City and code specifications,
and shall be installed prior to the issuance of a certificate of occupancy by the City.
N. ANTENNAS AND SIGNALS. No exterior antenna, aerial wires or other device (including, without limitation, radio or
television transmitting or receiving antennae and satellite dishes) for the transmission or reception of any form of electromagnetic
radiation shall be erected, installed, used or maintained on any Lot, unless the same is expressly approved and permitted by the ACC
and appropriately screened so as to not be visible from the front of any other Lot or any public Street. No radio signals, television
signals or any other form of electromagnetic radiation shall originate from any Lot which may unreasonably interfere with the reception
of television or radio signals on any other Lot. No sateIIite dish antenna shalt be erected unless the same is approved by the ACC and
appropriately screened so as to not be visible from the front of any other Lot or any public Street.
0. GENERAL MAINTENANCE. Each Owner shalt use care and keep his or her Lot and all improvements thereon in a meat
rnanner and prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her lot, and otherwise keep his
or her Lot in conformity with the general character and quality of properties in the immediate area. In addition, by acceptance of a Deed to
any Lot, the Owner thereof covenants and agrees that the Association shall retain the right to maintain the lawns, mow weeds and grass on
the Lot in an effort to maintain consistency amongst the lot owners. The Association stealI incorporate the cost to maintain the yard in the
monthly assessments charged to lire Lot owners. The Association shalI be responsible for the maintaining in a neat manner and preventing
the development of any unclean, unhealthy, unsightly, or unkempt conditions on any of the common areas, including those areas of lawns,
trees, foliage & plants located in the common areas around the Lots, The cost to maintain said common areas shall be assessed equally
amongst the Lot owners.
SECTION V
ADDITIONAL BUILDING USE AND GENERAL RESTRICTIONS
A. GENERAL RESTRICTIONS. Each member is responsible for the proper conduct of himself, his family and any guests and
service personnel he may invite. Helshe must be certain that they understand and abide by all rules and regulations that have been
established, No objects may be hung or thrown off the railings of the units. No running in walkways. No fireworks shall be allowed on the
premises.
B. SECURITY. Security shall be maintained by each unit owner. Owners are asked to promptly notify the Board
Appointed Representative of any suspicious or unusual activity or incidents which have occurred.
C. FIRE PROCEDURES. Walkways and front doors must be kept clear at all times. If a fire is discovered in any Patio Home,
the resident shall be responsible to. (1) IMMEDIATELY contact the fire department and inform the dispatcher of the unit and location of
the building; (2) Leave the Patio Home without further delay and shut the door, leaving it unlocked; (3) Set the nearest fire alarm to sound;
(4) Alert other occupants on your floor or in your building.
D. GUESTS. Owners shall notify the BOARD Appointed Representative of guests which are authorized to Asit the premises.
No chi siren under the age of 18 are authorized to visit the premises without the SRAer�5ibn Of a Aaru'nt or ardian at all times without
prior consent from the Board A pointed R resentative. Each Patio Home shall be limited tb four A residents at all times.
E. ANNOYANCES, All nuisances shall be immediately reported to the Board Appointed Representative. All Residents shall be
bound to minimizc excessive noises during the early morning or late evening hours. Noise from television, stereos, musical equipment, etc.
should be kept at a minimum at all times, but especially between the hours of 1 1:00 pm and 8:00 am.
F. CONDUCT OF CHILDREN. Parentslgu ardi ans are responsible for the general conduct of their children at al times. Damage to
the common eleinents or personal property of other residents shall be the responsibility of the parendguardian. Skateboards, bikes,
rollerbIades shall be prohibited from the parking lots or walkways, with the exception of children accompanied by an adult. Defacing
of the building or parking lots is strictly prohibited.
G. STOREROOMS. Homeowners are responsible to ensure than any objects stored in the storerooms are would not be considered
a fire hazard.
H. OFFENSI VE ACT[ VITIES. No noxious or offensive activity shall be carried on or permitted upon any Lot or on any Street or
sidewalk adjacent thcreta, nor shall anything be done thereon which may be or may become an annoyance or nuisance to adjacent Lot
Owners or to the Subdivision. Any Lot Owner violating this paragraph shall be required to indemnify and hold harmless the ACC for any
expense it incurs in alleviating the noxious or offensive activity, annoyance or nuisance.
I. OIL AND MINING OPERATIONS. No oil drilling, oil refining, quarrying, or mining operation of any kind whatsoever shall
be permitted upon, abou[ or in any Lot, nor shall any oil well, tank tunnels, mineral excavations or shafts be permitted upon or in any
Lot.
J. MAINTENANCE OF SURFACE. Earth or gravel shall not be removed from the surface of any Lot, except for improvement or
Ieve] iing of the L.ot involved. Landfill on any Lot shall be earth only, and shall not include trash, refuse, junk, construction debris or similar
materials. Stable conditions of the soil and vegetation shall not be destroyed or disturbed, nor shall the surface drainage patterns be
changed, except in a fully engineered manner, which will provide adequate recognition of soil conservation requirements. Ail damage
to soil and vegetation shalt be immediately restored to astable condition, any removal, full or change in soil or surface conditions must
be approved, in advance, by the ACC.
K. SIGHT DISTANCES AT INTERSECTIONS, No fence, wall, hedge or shrub planting which obstructs sight lines at elevations
between two (2) and six (6) feet above the Streets shall be placed or permitted to retrain on any comer 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 if property
lines extended. The same sight line limitations shall apply on any Lot within ten (10) feet from the intersection 0f a Street property
line with the edge of the driveway.
L. CURBS AND STREETS. All Street cuts are specifically prohibited unless a waiver is granted by the Developer. No curb cut
for driveways shall be closer than three (3) feet to the side property line. All curbs are to be neatly blended into driveway radius.
M. PARKING. All Single Family Dwellings must have off -Street parking only, and shall riot be permitted to park off of designated
driveways. The ACC shall have the right to have vehicles in violation of this provision towed at the Owner's expense. No parking of any
type of vehicle, boat, RV, camper, etc., will be permitted on grass, yards, landscape areas, sidewalks, or on Streets at any time, Any
vehicles referred to herein shall be in violation of this provision when the vehicle is located within a prohibited area for more than 24
hours.
N. VEHICLES. Any automobiles, boats, trailers, campers, recreational vehicles, motorcycles, buses, untagged or off -road,
vehicle may not be parked or stored at any time on any street, yard, or driveways. Likewise, no vehicle repairs or maintenance is to be
performed other than in garages or in concealed areas to the rear of building lines. No inoperative vehicles of any kind shall be left on any
Lot or easement. No eighteen (18) wheel vehicle or other similar large van or flatbed type vehicle may be parked or stored on any
Street, Yard or driveway, except to deliver merchandise or other materials to residents or construction sites. Any vehicles referred to
herein shall be in violation of this provision when the vehicle is located within a prohibited area for more than twenty-four (24) hours.
O. LOT AND GROUND MAINTENANCE. No Lot or easement or any part of the Property shall be used or maintained as a
dumping ground. Rubbish, leaves, grass, trash, garbageandlor other wastes shall be kept in non -corrosivelnon- breakable trash containers.
All equipment for the storage and/or disposal of such rubbish, trash, garbage or other wastes shall be kept in a clean and sanitary
condition- No garbage or trash containers are to be kept in view of the Street unless it is to be picked up within 24 hours.
P. ASSOCIATION ACCESS TO PATIO HOMES. The Association may retain a passkey to each Patio Home for
maintenance, security. No owner shall alter the lock or doors without prior written consent of the Board Appointed Representative. If
such consent is granted, the owner shall provide the Association with a key to the lock.
Q. ANIMALS. Pets shalI be limited to no more than two (2) to a Single Fainily Dwelling. The terry "pets" specifically refers to
fish, cats, dogs, birds, hamsters, gerbils. Any other pets shall be expressly prohibited without the written consent of the Association.
Pets shall be removed unilaterally by the Association is the event the Hoard of Administration determines said pet has become an
endangerment or annoyance to any other lot owners or the Association as a whale. Ali pets sltaII be kept inside at ail times and shall be
kept clean and maintained at all times. No pets shall be aIlowed to be restrained in patio or backyard areas. All pets shaII be leashed at
all times when exiting or entering a Single Family Dwelling and all waste located in the camrnon or iimited common areas shall be
promptly disposed of in the proper receptacles.
R. OTHER STRUCTURES. The inhabiting of any structure or vehicle such as a boat, trailer, basement, tent, shack, garage,
camper, modular, mobile or manufactured home or other outbuilding shall not be permitted on any Single Family Dwelling Lot,
whether temporarily or permanently.
S. BASKETBALL GOALS. No basketball goals, courts, backboards or other sports equipment may be attached,
erected or con sxucted on the front of Patio home of a Single Family Dwelling, or facing the front Street, unless approved by
the ACC.
T. CLOTHING LINES. No outdoor clotheslines shall be permitted.
U. SIGNS. No signs or any kind shall be posted on the exterior walls of any of the common area or buildings without prior
approval from the Board Appointed Representative.
V. RESTRICTIONS ON USE. Each Lot is hereby restricted to use by the owner thereof to residential enterprises approved by
the Association. None of the Lots or any part of the Common Areas shall be used for any immoral, improper, offensive, or unlawful
purpose. Ali applicable laws shall be observed. No owner of any Lot may: ( I ) have any thing in its Lot or on the Common Areas,
which will increase the rate of insurance on the Subdivision or any of the Subdivision buildings, unless owner agrees to pay for that
particular increase; (2) interfere with the rights of other occupants of the Subdivision; (3) annoy other owners of other Lots by
unreasonable noises; (4) undertake any use or practice which shall create or maintain a nuisance; or (5) interfere with the peaceful
possession and proper use of any other Lot or the Common Areas. Notwithstanding the foregoing, the Association may promulgate
rules governing the use of the Subdivision which shall be binding on the owners and occupants of the buildings as though they formed
hart of this Declaration of Covenants, Conditions and Restrictions.
W. UTILITY EASEMENT. The Developer hereby expressly grants, bargain, sell and convey unto the said Property Owners'
Association and unto the Property Owners' Association successors and assigns forever, a permanent utility easement, to have and to
hold the same unto the Property Owners' Association, and unto the Property Owners' Association successors and assigns forever, with
all appurtenances thereunto belonging. Together with the rights of ingress and egress over and across adjacent lands for the purpose of
laying, repairing, inspecting, maintaining, removing or replacing said utility easement, and the right of exercising all other rights
necessary to carry out the purposes for which this easement is created. And the Developer hereby covenants with the Property Owners'
Association that the Developer will forever warrant and defend the title to the property against all lawful claims whatever except
easements, special assessments, and restrictions.
X. SECURITY SYSTWS. All security systems installed in a Patio Home must be approved by the ACC. In addition, each
Lot Owner is responsible to provide the ACC with access through the security system, including a keylpasswde in the event the ACC
must intervene on the property in the absence of the Lot owner. "
SECTION VI
COMMON SPACE AND AMENITIES
A. There shall be created, as shown on the face of the Plat of the Subdivision and identified as "Common Properties", such
common tracts as the Developer shalt create far landscaping, other amenities, and signage for the Subdivision. Such tracts shall be for
the benefit of all Lots and properties in the Subdivision and the Common Properties shall be maintained by the Association as provided
in this Declaration.
H. Upon the filing of the final Subdivision Plat, and when acted upon by the Developer, the mentioned Common
Properties located in the Subdivision shall be conveyed to and accepted by the Association_ In addition, any other property or
amenity may be deededlsold to the Association by the Developer if deemed to be far the common good of the Subdivision by
the Developer.
C. Maintenance of the Common Properties shall be at the cost and expense of the Members of the Association (Lot Owners)
within the Subdivision. All of such costs, including, but not limited to, maintenance expenses, insurance, and real property taxes, shah be
home by the Lot owners based on the ratio of the total number of Cots they own to the total number of Lots that have been created by the
filing of the final Plat and any amendments thereto.
D. In addition to the Common Properties, the Developer and when delegated by him, the Association, shall have an easement in
the yard of each Lot for the purpose of installing and maintaining coordinated landscaping in the yards of the Subdivision, the
installation and maintenance cost shall be borne by the Developer and after delegation by him to the Association.
F. The Developer, and after delegation in writing by him, the Board of Directors of the Association shall have the authority
to promulgate such rules and regulations and amendments thereto regarding the use of the Common Properties, and yard landscaping
amenities as it from time to time deems appropriate.
SECTION VII
REGULAR AND SPECIAL ASSESSMENTS FOR ASSOCIATION
A. By acceptance of the Deed or other instrument of conveyance for his or her Lot Aithin the Subdivision, each Lot Owner shall
be. deemed to covenant and -agree to pay the Association annually or monthly (to be determined by the Board) regular assessments and
special assessments for operating expenses Incurred by the Association and for maintenance and care of the Common Properties and
hereby consents to the imposition of any liens provided herein in connection therewith without further notice. Owners shall pay
assessments six (6) months in ad van cc upon the initial purchase of a Lot. Owner shall also pay a capital fee at the discretion of the
Hoard upon the initial purchase of a Lot. Thereafter, such assessments shall be fixed, established, and collected from time to time as
provided in this Declaration and by the Association. The regular and special assessments, together with such interest thereon and costs of
collection as provided below, shall be a continuing [ien on the property affected and shall also be personal obligation of the Owner of
such property from the date when the assessment is due and payable until paid in full. Such personal obligation shall not pass to
successors in title to the affected Lot or property unless expressly assumed by such successors. Unless changed by a majority vote of
the Lot Owners casting votes, the annual, monthly or regular assessment for any i.ot is the Subdivision shall be that amount last
approved by the Board on the question of such assessment. On vote of tlnc Board of Directors of the Association in the manner set forth in
the Articles of Incorporation and By -Laws of the Association, the assessments maybe changed from time to time for the purpose of
defraying, in whole or in part, the cost of reconstruction, repair or replacement of the landscaping and signage on the Common Properties
in the Subdivision, as well as any common amenity owned by the Association, including fixtures and appurtenances related thereto. The
Board of Directors of the Association must approve any special assessments or change in annual or monthly assessments.
B. It shall be the duty of the Association to notify all Owners or contract purchasers of Lots within the Subdivision, whose
addresses shall be supplied by the Owner or contract purchaser to the Association, by sending written notice to each of such Owners within
fifteen (15) days after the date on which the assessment has been fixed or levied, giving the amount of the charge or assessment for the
current year, when the -same shalt be due, and the amount due for each Lot, Fa"rlure of the Association to levy an assessment due to lack of
address for the Owner of any particular Lot within the Subdivision or for any otherreason, shah not discharge the obligation of any
such Owner from paying such assessment, and it shah be the obligation of any such Owner to notify the Association of such Owner's
current address.
C. Any regular or special assessment levied as set forth in this Declaration shall became a lien on the affected Lot or property as
soon as such assessment is due and payable as set forth above. in the event any Owner fails to pay the assessment when due, then the
assessment shall bear interest at the maximum legal rate permitted by the State of Arkansas on the date when such assessment is due
and shall continue to accrue at that rate, until it is paid in full. Fot'ty-five (45) days after the date of any such assessment has been fixed
and levied, the assessment, if not paid, shall become delinquent and the payment of both principal and interest may be enforced as in
the case of a laborer's lien on the affected real estate, and notice of such lien may be filed with the Circuit Clerk and E-Ofticio Recorder
of Pulaski County, Arkansas, and venue shall be laid in the appropriate Court of competent jurisdiction in Pulaski County, Arkansas. It
shall be the duty of the Board of Directors of the Association, as provided below, to bring actions to enforce such liens before they
expire. For each notice of Iien so flied, or for any lien so filed, the Association shall be entitled to collect from the Lot Owner or
Owners of the Lot described in such notice of lien a fee of $125,00, and shall be collectible in the same manner as the original
assessment provided for in this declaration. Any such lien shall continue for a period of five (5) years from the date of delinquency
SECTION X
MISCELLANEOUS
A. The consent to any act or the waiver of breach of any provision of this Declaration, shall not operate or be construed as a consent
or waiver of act or breach by any party, or as a waive- or modification of the provisions of this Declaration.
B. In the event any one or more of the provisions contained in this Declaration shall for any reason be held to be invalid, iIIegal or
unenforceable in any respect, such invalidity, illegality or un en forceab i I i ty shall not affect the remaining provisions of this Declaration and
this Declaration shall be construed as if such invalid, iIIegal or unenforceable provision or provisions had never been contained herein:
C. No Lot may be divided into a smaller Lot or Lots, without the approval of the Developer or the Association. No Lot, or any part
thereof, may be added to any other Lot, without the approval of the Developer or the Association. No owner of a Lot shall permit any
structural modifications or alterations to be made in any Lot undrout the approval of the Developer or the Association. if the modification
❑r alteration desired by the owner of any Lot involves the removal of any permanent interior partition, the Developer or Association
may permit such removal so long as the permanent interiarpartition to be removed is not a load -bearing partition, and so long as the
remova! thereof would in no manner affect or interfere with the provision of utility services to any Lot or the Common Areas. No owner of
any Lot shall or cause any modifications to be made on the exterior of the Subdivision or Single Family Dwellings, including painting
or other decoration, or the installation of electrical wiring, television antennae, or machines which may protrude through any common
walls or roof of any Single Family Dwelling, or in any manner change the appearance of any part of the Lot not within the walls of
such Lot; nor shall storm panels or awnings be aff xed, without the approval of the Developer or the Association.
D. If any owner of any Lot shall encroach on any par, of the Common Areas or any other Lot, a valid easement for the
encroachment shall not exist. All encroachments shall be repugnant to the ownership of the Lots or the Common Areas and shall be
prevented by the Association, in every reasonable manner, except those that are approved modifications to the existing Lots as approves
by the Association.
E. Whenever any proceeding is instituted -that `could result in the temporary orperm anent taking of all or part of the Common
Arm or one or more Lots or parts thereof by exercise of a power of eminent domain or condemnation, the Association and each owner of
each Lot shall be entitled to notice thereof and may participate in the proceedings incident thereto. With respect to the Common Areas, any
damages or awards shall be determined for such taking as a whole and not for each owner's ownership interest therein- After such
determination, each owner of each Lot shall be entitled to share in the damages in the same proportion as, its percentage of undivided
interest in the Common Areas. With respect to one or more Lots or parts therc:o£ the damages or awards for such taking shall be the sole
property of the owners of the Lots which are subject to such taking. in the event of a taking of all or part of any Lots, the following
provisions shall apply-
([) if the taking reduces the site of a Lot and the remaining part of the Lot maybe made tenantable, the Lot shall be made tenantable. if
the cost of such work exceeds the amount of the award, the additional funds required shall be assessed against the owner of the Lot, The
balance of the award, if any, shall be distributed to the mortgagee (if any) of the Lot to the extent of the unpaid balance of i!s mortgage and the
excess, if any, shall be distributed to each owner of the Lot, The percentage of undivided interest in the Common Areas of each such Lot
shall be reduced to the extent allowed by law,
(2) If the taking so reduces the size of a Lot that it cannot be made tenantable, the award shall be paid to the mortgagee (if any) of
the Lot to the extent of the unpaid balance of its mortgage and the excess, if any, shall be distributed to each owner of the Lot
F. The Association shall have the right of ingress and egress over, upon, and across the Common Areas, and the right to store
materials thereon to make such other use dtereof as may be reasonably necessary or incident to construction, development, and sale of the
Lots and operation of the Common Areas, In case of an emergency, the Association or any other person authorized by it, may enter such
Lot for the purpose of remedying the cause of such emergency.
G. The captions, headings and arrangements used in this Declaration are for convenience only and do not in any way limit or
amplify the terms and provisions hereof The u s a of the singular form of pronouns shall be construed to include the plural, and the plural
the singular where the number of the parties and in the context indicates that intent. I ikewisc, the use of the masculine gender shall
include the famine and vice versa.
Reviewed only for inclusion of minimum standards
requimn' by the City of little Rea€: subdivision regulalion0
Bill of Assurance provisions established by III-'
developer may+ sxcee:l minimum regulations of tho
Merle Rock subdivision and zoning Ordinances•
�� �� Z� � 1 I
City f. le Rock Planning Commission
SECTION XI
GOVERNING LAW CHOICE OF FORUM, VENUE, AND CONSENT TO JURISDICTION
A. This Declaration and the Covenants, terns and provisions hereof shall be construed in accordance with and governed by the
laws of the State of Arkansas in the same manner as any other similar instruments or agreements that are made and to be performed
wholly within such Jurisdiction, without regard to the conflicts of laws provisions thereof.
B. Any and ell claims or causes of action shall and must be filed only in the courts of the State of Arkansas for Pulaski County
or the United States District Court for the Western District of Arkansas, which shall have exclusive Jurisdiction over any and all
disputes which arise between the parties under this Agreement, whether in law or in equity. Each of the parties mentioned herein,
including the Developer, Bowd, Committees, Owners, Residents and Members, expressly agrees, consents, and stipulates that venue
shall be exclusively within said courts. Each of the parties mentioned herein expressly agrees, consents and stipulates to the exercise
of personal jurisdiction over them or it and subject matter jurisdiction over any such controversy arising between the parties being only
in the courts listed herein.
Executed by the authorized members of Montague Development, LLC, thisly day of A% aft
Montagne Development, LLC
ACKNOWLEDGMENT
STATE of ARKANSAS
COUNTY of PULASKI
On this day, before me, the undersigned, a notary public, duly commissioned qualified and acting, within and
for the county and state, aforesaid appeared in person the within named ,Jim Swink and June Swink to me
personally well known, who stated that they were the President and Secretary of Montagne Development,
LLC, a limited liability company, and were duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said limited liability company, 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 have hereunto set my hand and official seal this gZday of ,
OFFI01AL SOAL
TAMARA M. GUFFEY
NOTARY PUBLIC-ARKANSAS
Notary Public SALINE COUNTY
State of Arkansas MY CCMMISS(ONEXPfRE5: E-3-2014
County of�"ASK - !E�a f e1 e-
My commission expires: O R -0 3 -90/ y
The imposition of this Declaration of Covenants, Conditions and Restrictions for Valley View Court is agreed to and acknowledged
by OneBank in its capacity as Mortgagee.
By. r
Its �� . ;• �t „
ACKNOWLEDGMENT
STATE of ARKANSAS
COUNTY of PULASKI
Orr this day, before me, the undersigned, a notary public, duly commissioned qualified and acting, within and
for the county and state, aforesaid appeared in person the within named Jim Swink and June Swink to me
personally well known, who stated that they were the President and Secretary of Montagne Development,
LI_C, a limited liability company, and were duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said limited liability company, and further stated and
acknowledged that they had so signed, executed and delivered said foregoing instrument for the
consideration, uses and purposes therein menfioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of �v
!I .
OFFRCrAL SEAL
7 C✓..�t TAMARA N. Oi<.3FFE'Y
Notary Public PUSLICf�`KANSAS
State of Arkansas [NOTARY
SALIM ,: �iv.nCounty of �f-SLt1ice,YC luih4l�5lt5t:E;
My commission expires: 6.2 -0 3 -;1v/Y
2011018358 Received: 3/28/2011 2:19:05 PM
Recorded: 03/28/2011 02:28:01 PM Filed &
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $105.00
This Instrument Prepared By:
GIRCol
�•''
Christopher O. Parker, Esq.
,� 'b ���, �y •,.
Eichenbaum, Liles & Heister, P.A.
124 West Capitol Ave., Suite 1400
Little Rock, AR 72201-3736
J
f''�r�C�fJi~ITY,�
Declaration of Covenants, Conditions and Restrictions
for Valley View Court a Subdivision to the City of Little Rock, Pulaski County,
�•'�t
Arkausa4"'+""'�ti'
THIS Declaration of Covenants, Conditions and Restrictions, referred to herein as the "Declaration", is made this day of
, by Montagne Development, LLC, an Arkansas limited liability company, sometimes referred to herein as
"Developer", concerning the subdivision known as Valley View Court, referred to as "the subdivision".
WITNESSETH
WHEREAS, the Developer is the Owner of the real property located in Pulaski County, Arkansas, being more fully described in
Exhibit A attached to this Declaration and incorporated herein by reference, sometimes referred to herein as the "Property"; and
WHEREAS, the Developer has plans to develop and plat the aforesaid Property into a Single Family community, and subdivided
such Property into forty-two (42) individual, quality, residential Lots; and
WHEREAS, the Developer intends for the residential Lots to be improved to include six (6) buildings consisting of three (3) separate patio
homes (triplexes) and twelve (12) Buildings consisting of two (2) separate patio homes (duplexes) to be sold separately as separate Lots and
Single Family Dwellings defined below in Section I; and
WHEREAS, the Developer desires that the entire Subdivision constitute a residential community, with rights and obligations toward the
Ownership and maintenance of landscaped yards, common areas at or near the entries to the Subdivision, the signs identifying the
Subdivision, and any other common areas or amenities; and
WHEREAS, the Developer desires to provide for building and use restrictions to promote and insure that the Subdivision is a quality Single
Family community, to protect the property values of all Owners within the Subdivision, to insure that all homes are constructed of
quality materials and workmanship, and are constructed and maintained compatible with other homes in the Subdivision.
NOW THEREFORE, in consideration of the foregoing and for the purpose of enhancing and protecting the value and desirability thereof, the
Developer hereby declares and subjects all of the Property described in Exhibit A, now known as Valley View Court, as it is platted to the
covenants, charges, assessments, conditions and restrictions set forth in this Declaration, all of which shall run with said Property and shall
benefit and be binding upon all parties and all persons owning all or any part thereof, and their heirs, personal representatives, successors
and assigns. Any and all contracts, purchase agreements, or Deeds affecting any of the Property or Lots therein shall be deemed to have
these covenants and restrictions incorporated therein by reference, and any and all such contracts, purchase agreements, or Deeds affecting
any of the Property or Lots therein shall be conclusively held to have been executed, delivered, and accepted with full knowledge of all
covenants and restrictions contained herein. Furthermore, it is expressly declared and agreed that these covenants also benefit the
Developer and future Owners of the Property because of the interest of the Developer and such future Owners in having the entire Property
constructed and maintained in an attractive manner for the benefit of all Owners of any portion of the Property.
Furthermore, the Developer intends to subdivide and plat parts of the Property from time to time into building lots, streets and easements
for access, drainage, utilities, and other purposes and to that end Developer has caused a Plat, filed herewith, prepared by Timothy E.
Daters, showing a survey made by Paul M. White, a registered land surveyor, bearing a certificate of approval of the City of Little Rock
Planning Department and showing the metes, bounds and dimensions of that part of the Property that the Developer now desires to
subdivide and plat into Lots 1-7 and 24-34 and associated easements as shown on said Phase I Plat which is filed for record
,2011 in Book / as Document �LO I I D 1 3 �i aI -_ in the office of the Circuit Clerk and Ex-Officio Recorder
of Pulaski County, Arkansas.
Developer warrants and represents that it has laid off, platted and does hereby lay off, plat and subdivide the Lots hereinabove described in
accordance with the aforesaid Plat. The lands described on the Plat identified above and embraced in the Plat shall be forever known as
Lots 1-7 and 24-34, Valley View Court, an Addition to the City of Little Rock, Pulaski County, Arkansas, and any and every deed of
conveyance of each respective Lot describing the same by such numerical character as shown on the Plat shall always be deemed a
sufficient description thereof. The filing of this DECLARATION, PLAT, RESTRICTIVE COVENANTS AND BILL OF ASSURANCE
in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas shall be a valid and complete delivery and
dedication of the streets and easements shown on said Plat.
Developer deems it advisable that the title to the Property be held, owned and conveyed subject to the protective and restrictive covenants
and reservations herein set forth in order to enhance the value of the Property and to insure the proper use and appropriate development
and improvement of the Property.
SECTION I
CONCEPTS AND DEFINITIONS
The following words, whether or not capitalized, when used in this Declaration or in any amended or supplementary Declaration (unless
the context shall otherwise clearly indicate or prohibit), shall have the following respective concepts and meanings:
"Amended Declaration" shall mean and refer to each and every instrument recorded in the Records which amends, supplements, modifies,
clarifies or restates some or all of the terms and provisions of this Declaration, or adds additional parts of the Property to the Subdivision.
"Architectural Control Committee" or "ACC" .shall mean and refer to the Developer or after the Developer had delegated its authority to that
particular committee which may be from time to time be appointed or selected pursuant to Section II hereof.
"Articles" shall mean and refer to the Articles of Incorporation of the Association, as the same may be from time to time duly amended or
modified.
"Assessments" shall mean any charge levied against a Lot, Owner, etc. pursuant to this Declaration.
"Association" shall mean and refer to the Property Owners Association, which shall be formed as an Arkansas non profit corporation which
after delegation by the Developer has the power, duty and responsibility of maintaining and administering certain portions of the
Subdivision and all of the Common Properties, administering and enforcing the Declaration and otherwise maintaining and enhancing the
quality of life within the Subdivision.
"Board" or "Board of Directors" shall mean and refer to the Board of Directors of the Association.
"Buildintr Contractor or Builder" shall mean a general contractor, building contractor, construction manager, architect, or Owner,
provided that such person meets the criteria established by the ACC under the provisions of this Declaration.
"By-laws" shall mean and refer to the Bylaws of the Association, as adopted and amended from time to time in accordance with the
provisions of this Declaration and the Arkansas Non Profit Corporation Act of 1993 or other applicable laws promulgated by the State of
Arkansas.
"Class A Member" shall mean each Owner of a Single Family Lot whether his Improvement is part of a duplex or triplex.
"Class B Member" shall mean the Developer.
"City„ shall I mean and refer to the City of Little Rock, Pulaski County, Arkansas.
"Common Properties" shall mean and refer to any and all areas of land within the Subdivision which are known, described or designated
as the real property, excluding the public streets and individual residences (including driveways) delineated by the respective slabs on
which they are built; including but not limited to the sidewalks, walkways, paths and the like; the trees, shrubs, easements for maintenance
of landscaping the yards, gardens, bodies of water, and all other areas and facilities of common ownership or use that is determined by the
Developer or the Association to enhance the Subdivision.
"Covenants" shall mean and refer to all covenants, conditions, restrictions, easements, charges and liens set forth within this Declaration or
any Amended Declaration.
"Days" as used herein shall mean calendar days, with the exception of "business days" which term shall mean each day except for any
Saturday, Sunday or legal holiday under the laws of the State of'Arkansas or the United States of America.
"Developer" shall mean and refer to Montagne Development, LLC, an Arkansas limited liability company, and any or all successors and
assigns thereof with respect to the voluntary disposition of all (or substantially all) of the right, title and interest of Montague Development,
LLC in and to the Subdivision; provided however, no Person merely purchasing one or more Lots from Montagne Development, LLC or its
successors or assigns in the ordinary course of business shall be considered a "Developer."
"Declaration" shall mean and refer to this particular instrument entitled: "Declaration of Covenants, Conditions and Restrictions for Valley
View Court, City of Little Rock, Pulaski County, Arkansas," together with any and all amendments, modifications or supplements hereto.
"DML shall mean and refer to any deed, assignment, testamentary bequest, monument of title or other instrument, or intestate inheritance
and succession, conveying or transferring, fee simple title or a leasehold interest or another legally recognized estate in a W.
"Development Period" shall mean a period commencing on the date of the recording of the original Declaration in the Records and continuing
thereafter until and ending on the earlier of (a) one year from the date of the completion of construction and issuance of a certificate of
occupancy by the City of Single Family Dwellings on one hundred percent (100%) of the Lots in the Subdivision, or (b) all parts of the
Property have been platted into Lots and a majority of all Lots in the Subdivision have been sold by the Developer, or (c) the date the
Developer voluntarily terminates its Class B Member status by recording a written notice of such termination in the Records.
"Director" shall mean and refer to any duly appointed or elected member of the Board.
"Single Family Dwelline" shall mean a residential building or structure that consists of one Patio Home whether within a duplex, triplex or
otherwise. Each Patio Home may share one or more common walls and common roof with other separate Patio Homes, but shall be
considered a separate Single Family Dwelling for purposes of this Declaration.
"Lot" shall mean and refer to each separately identifiable portion of the Subdivision which is (a) platted into individual Lots and becomes a
part of the Subdivision pursuant to. a Plat filed and recorded in the Records, (b) assessed by any one or more of the applicable
governmental or other taxing authorities, (c) to be used solely for a Single Family Use.
"Patio Home" shall mean and refer to any portion of a Dwelling situated upon any Lot that is designed and intended for Residential Use
delineated by the slab, extension walls, roof and firewall or firewalls (the "Dwelling. Exterior") including the individual driveway
servicing each Patio Home.
"Yard" shall mean and refer to all portions of a Lot except for the driveway and slab delineating the individual Patio Home which Yard is
subject to an easement held by the Developer or the Association for installation and maintenance of coordinated landscaping by the
Developer or Association as the case may be.
"improvement" shall mean any physical change to raw land or to an existing Structure which alters the physical appearance, characteristics or
properties of the land or Structure, including but not limited to the new construction of a Structure or Structures and related amenities, adding
or removing square footage area or space to or from a Structure, painting or repainting a Structure, or in any way altering the size, shape
or physical appearance of any Structure or any building or other improvement, temporary or, permanent, located on any Lot.
"Lot" or "Lots" shall mean and refer to a Lot or any other type of Lot reflected on any Plat or all of the Lots.
"Member" shall mean and refer to each Owner, who is in good standing with the Association, who has filed. a proper statement of residency
with the Association, who has complied with all directives and requirements of the Association, and who otherwise satisfies the requirements
set forth in this Declaration hereof. Membership shall consist of two (2) classes, the Class A Members and the Class B Member.
"Owner" shall mean and refer to the holder(s) of record title to the fee simple interest of any Lot (subject to the yard easement) whether
or not such holder(s) actually reside(s) on any part of the Lot, excluding those having any such interest merely as security for the
performance of an obligation.
" Person" shall mean an individual, partnership, joint venture, corporation, limited liability company, joint stock company, trust (including a
business trust), unincorporated association or other entity, or a government or any political subdivision or agency thereof.
"Plat" or "Plats" shall mean and refer to the final Subdivision Plat or plats of the Subdivisions, which have been approved by the City and
filed and recorded in the Records.
Tropp-rly" shall mean the real property, together with all improvements, easements, rights and appurtenances thereto, located in Maumclle,
Pulaski County, Arkansas, being more fully described in Exhibit A attached to this Declaration and incorporated herein by reference.
"Records" shall mean the Public Real Estate Records as maintained in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski
County, Arkansas, including the trap and Plat Records of Pulaski County, Arkansas.
"Resident" shall mean and refer to:
(a) each Owner of the fee simple title to any Lot within the Subdivision; and
(b) each Person residing within any part of the Subdivision who is a bona -fide lessee pursuant to a legally cognizable
lease agreement with an Owner; and
(c) each individual lawfully domiciled in a Patio Home other than an Owner or bona -fide lessee.
"Residential Use" shall mean and refer and/or occupancy of any Patio Home as a residence by a single person, a couple, a single
family or a permitted family size group of persons approved by the Board.
"Streets" shall mean the right-of-way of al l Streets, sidewalks and other rights -of --way situated within, and shown on the Plats,
together with all pavement, curbs, Street lights, signs and related facilities thereon..
"Structure" shall mean and refer to: (a) any thing or device, other than brew, shrubbery (less than two (2) feet high if in the form of a hedge in
respect to a Lot) and landscaping (the placement of which upon any Lot shall not adversely affect the appearance of such Lot), including
but not limited, to any building, improvement, parking facility or area, garage, porch, shed, greenhouse or bathhouse, cabana, coop or
cage, covered or uncovered patio, play apparatus, fence, curbing, paving, wall or hedge (more than two (2) feet high if in the form of a hedge
in respect to a Lot), signboard or other living quarters or any temporary or permanent. improvement to any Lot; (b) any excavation, fill or
ditch; (c) with respect to Lots and, any enclosure or receptacle for the concealment, collection and/or disposition of refuse; and (d) any change
in the grade of any Lot which involves a change of more than three (3) inches from the existing grade initially approved by the applicable
ACC.
"Subdivision" or "Subdivisions" shall mean and refer to a subdivision or subdivisions of all or a portion of the Property, in accordance with a
Plat or Plats thereof heretofore or hereafter filed of record in the Records, as well as any and all revisions, modifications, corrections or
clarifications thereto.
"Violations Committee" shall mean and refer to that particular committee which may be from time to time appointed or selected
pursuant to this Declaration.
"Yard" shall mean and refer to the area of the Lot located between the Dwelling Exterior and the streets and/or property lines for each Lot.
SECTION II
DUTIES AND OBLIGATIONS OF THE ASSOCIATION AND RESIDENT
A. DUTIES AND OBLIGATIONS OF THE DEVELOPER AND ASSOCIATION. The Developer, and following a delegation
in writing by him, the Association shall be obligated to manage and maintain the Common Areas, including the yard easement and
common amenities, but excluding repair of the driveways located on the Lots, roofs and exterior walls and other portions of the
Dwelling Exterior which are not Common Areas under those Covenants. The Association shall maintain the property's aesthetic quality as
contemplated by the Developer. The Association shall be responsible to insure that all Residents cooperate to maintain the status quo of
the property as contemplated by the Developer and Association and shall assess penalties against any Resident who refuses to comply.
B. DUTIES AND OBLIGATIONS OF THE RESIDENT. The Resident shall be obligated to bear its share of the cost for the
Association to maintain the Common Areas, as described above in Section II.A. Furthermore, the Resident shall be obligated to bear
any cost the Association may incur to repair or replace the driveways located on the Resident's respective Lot. The Resident shall be
responsible to maintain the Dwelling Exterior and all parts of each Patio Home within such Dwelling Exterior, and comply with any and
all rules or regulations outlined by the Association and shall cooperate to maintain the status quo of the property as contemplated by the
Developer and Association.
SECTION III
GOVERNING BODIES
A. GENERALLY. These Covenants shall be implemented by the Developer and as specifically delegated by him in writing to the
Association, the Board of Directors of the Association (including the Board of Director's appointed Building Manager) and the
Association's Architectural Control Committee and Violations Committee, as established herein.
B. PROPERTY OWNERS ASSOCIATION.
Membership.
a. Each and every Owner of each and every Lot within the Subdivision shall automatically be, and must at all times
remain, a Member of the Association in good standing, and shall be bound by the terms and conditions of this Declaration, the Articles
and Bylaws of the Association, and such rules and regulations as may be promulgated and adopted by the Association under such
Articles and ByLaws. Each and every Resident (who is not otherwise an Owner) may, but is not required to, be a non -voting Member of
the Association. Membership of an Owner in the Association shall be appurtenant to and may not be separated from the Interest of such
Owner in and to any portion of a Lot. Ownership of any Lot shall be the sole qualification for being a Member; however a Member's
privileges to use the Common Properties may be regulated or suspended as provided in this Declaration, the Bylaws or the rules and
regulations promulgated by the Board. Any Person who holds an interest in and to all or any part of a Lot merely as security for the
performance of an obligation shall not be a Member.
b. During the Development Period, the Association shall have two (2) classes of
Members: Class A: The Class A Members, shall include all Owners (other than the
Declarant) of Lots. Class B: The Class B Member shall be the Developer.
c. Except as provided in this Declaration, the Developer, and after delegation to it, the Association shall be the sole judge
of the qualifications of its membership and or the right to participate in and vote at its meetings, and shall have the right to prescribe the
procedure to be followed concerning all such meetings and votes.
2, Transfers. The membership of an Owner may not be, severed from or in any way transferred, pledged, mortgaged or alienated
except upon the sale, assignment or transfer of such Owner's interest in all or any part of such Owner's Lot and then only to the
purchaser, assignee or transferee as the new Owner of the Lot in question. Each Owner shall notify the Association of any transfer or
assignment of the fee title to his/her/sits Lot and the name and address of the transferee or purchaser. Such transfer shall automatically
operate to transfer the membership to the new Owner thereof. On transfer, conveyance, or sale by any Owner of all of his or her interest in
any Lot, such Owner's membership in the Association shall thereon cease and terminate. An Owner of a Lot, by contracting to sell his Lot
on an installment basis, shall be deemed to have transferred his membership to the contract purchaser upon execution of the contract for sale.
When an Owner sells his Lot by traditional offer and acceptance providing for a closing of the sale to occur at which time the purchaser will
pay the purchase price to the seller or deliver to the seller a promissory note for the purchase price in exchange for a conveyance by deed
of the property, the transfer of membership shall be deemed to occur upon delivery of the deed. For purposes of this Declaration, the
"Ownee' shall be deemed to include the purchaser under an installment contract, regardless of whether a deed has been executed to be
held in escrow or whether the deed will be executed and delivered upon payment in full of the installment payments. The Articles of
Incorporation and By -Laws of the Association, as may be amended from time to time, are incorporated by this reference to the same effect
as if set forth word for word herein.
Voting Rights.
a. During the Development Period only the Class B Member shall constitute the voting Members of the Association. The
Class B Member shall be entitled to cast one (I) vote for each Lot located within the Subdivision. All votes relating to the Ownership of a
Lot shall be cast by the Developer to the exclusion of the Class A Members.
b. Following the expiration of the Development Period the Class A and Class B Members shall constitute the voting
Members of the Association. The Owners of each Lot in good standing shall be entitled to one (1) vote per Lot. Where more than one
Owner owns and holds a record fee interest in a Lot, either as joint tenants, tenants -in common, or tenants by the entirety, for the purposes
of voting at meetings of the Association or on issues submitted to the Members, said multiple Owners shall cast one vote collectively
for each Lot owned.
c. Any Owner or Member shall not be in "good standing" if such Person is: (i) in violation of any portion of these Covenants
or any rule or regulation promulgated by the Board or any portion of applicable laws, rules, regulations and ordinances; or (ii)
delinquent in the full, complete and timely payment of any assessment or charge which is levied, payable or collectible pursuant to the
provisions of these Covenants, the Bylaws or any rule or regulation promulgated by the Board. 77re Board n:ay suspend the voting rights of
any Member who is not in good standing for any period during which such Member remains not in good standing. The preceding clause
shall control over any provision of this Declaration to the contrary.
d. After delegation to the Association by the Developer, the Board may make such rules and regulations, consistent with the
terms of this Declaration and the Bylaws, as it deems advisable, for: (i) any meeting of Members; (ii) proof of membership in the
Association; (iii) the status of good standing; (iv) evidence of right to vote; (v) the appointment and duties of examiners and inspectors
of votes; (vi) the procedures for actual voting in person or by proxy; (vii) registration of Members for voting purposes; and (viii) such
other matters concerning the'conduct of meetings and voting as the Board shall deem fit.
4. Notice; Voting Procedures; Meeting. Quorum, notice and voting requirements of and pertaining to the Association may be set
forth within the Articles and/or Bylaws, as either or both may be amended from time to time, and shall be in accordance with permitted
Arkansas law. During the Development Period, from time to time, as and when determined necessary by the Board, the Board may call and
schedule a meeting of the Members. From and after the expiration of the Development Period, the Members shall meet annually to deal with
and vote on matters relating to the business of the Association, as directed by the Board, including the election of the Directors.
5. Matters Generally Subject of the Vote of Members. Additionally, to the extent that the Board desires to encumber any portion of
the Common Properties as security for payment of indebtedness incurred in respect to improvements to the Common Properties, the Board
shall obtain the prior approval of the Members,
6. Registration with the Association.
a. In order that the Declarant and the Association can properly acquaint every Lot purchaser and every Owner, Member
and Resident with these Covenants and the day-to-day matters within the Association's jurisdiction, no acquisition of any Lot within
the Subdivision shall become effective until and unless all dYectives by, and all obligations to, the Association and the Declarant
have been properly and timely satisfied:
b. Each and every Owner, Member and Resident shall have an affirmative duty and obligation to originally provide, and
thereafter revise and update, within fifteen (15) days after a material change has occurred, various items of information to the .. Association
such as: (a) the full name and address of each Owner, Member and Resident; (b) the full name of each individual family member who
resides within the Patio Home of the Lot Owner in question; (c) the business address, occupation and telephone numbers of each Resident;
(d) the name, address and telephone numbers of other local individuals who can be contacted (in the event the Resident cannot be located)
in case of an emergency; and (c) such other information as may be reasonably requested from time to time by the Association, Failure
to provide the Association with a name and proper mailing address shall constitute a waiver of any notice otherwise required hereunder.
7. Other Matters.
a. The official address of the Association is to be provided to all Members by the Board of Directors of the Association,
and shall remain so until changed by a majority of the Board of DYectors of the Association, at which time the Association shall notify
each Member thereon of the change in address.
b. The Association shall, at all times, observe all of the laws, regulations, ordinances, and the like of all governmental
authorities recognized in the City, the State of Arkansas, and of the United States of America, and if, at any time, any of the provisions of
this Declaration shall be found to be in conflict with such laws, regulations, ordinances, and the like, the same shall become null and void,
but no other part of this Declaration not in conflict therewith shall be affected thereby.
c. By written consent of a majority of the Owners of all the Lots within the Subdivision (one per Lot), the Association
may be given such additional powers and duties as may be deemed necessary and reasonable, and by such vote, this Declaration may be
modified or amended in any manner. During the Development Period, the Developer shall have the sole authority to give the
Association such additional powers and duties as may be deemed necessary and reasonable.
d. Subject to the limitations set forth in this Declaration, the Association shall have the right to make such reasonable rules
and regulations and to provide such means and to employ such agents as will enable it adequately and properly to carry out (lie
provisions of this Declaration.
e. The Association has authority to appoint a management team to manage the day to day affairs of the Association and
shall be authorized to pay a reasonable fee to retain said management team. During the Development Period, the initial management
team shall be the Declarant.
C. PROPERTY OWNERS ASSOCIATION BOARD OF DIRECTORS. The Board of Directors of the Association shall
consist. initially of two (2) directors, consisting of Jim Swink and June Swink who shall serve a term as follows: (a) one year from the
date of the completion of construction and issuance of a certificate of occupancy by the City of Single Family Dwellings on one
hundred percent (IOU%) of the Lots in the Subdivision, or (b) until a majority of Lots have been sold by the Declarant, or (c) the date
the Developer voluntarily terminates its Class B Member status by recording a written notice of such termination in the Records. The
details of the directors' authority and duties are as follows:
To be elected
1. Authority and Duties.
a. Any Owner seeking to construct a Single Family Dwelling or other pertinent Structure, or to add or to modify any portion
of the exterior of an existing Single Family Dwelling, shall submit the plans and written specifications to the Developer, and after
delegation by the Developer to the ACC for review. Submittals shall include building elevations and materials, building location or plat
plan, finished lot elevation and grades, and exterior color scheme. All specifications of the home exterior shall include, but shall not be
limited to, decks, hot tubs, patios, pools, additions to or deletions of planted or landscaped areas, equipment and material storage
buildings, dog runs, gazebos, arbors, roofing material, exterior lighting, exterior building materials, and other similar construction.
b. No construction, change, modification or alteration shall commence until the plans and specifications detailing the nature,
kind, shape, height, construction materials, and location of the Improvements on the Lot, and a landscaping plan for the Lot, shall have
been submitted to, and approved in writing by, the Developer or the ACC. In the event the Developer or the ACC fails to approve or
disapprove said specifications within thirty (30) days after written confirmation by the ACC that sufficiently complete plans and
specifications have been submitted to it, approval will not be required and full compliance with this section of the Declaration will be
deemed to have occurred. It shall be the responsibility of the Lot Owner to obtain the written confirmation that sufficiently complete
plans and specifications have been submitted.
c. Without limiting the factors to be considered in the approval or disapproval of any plans and specifications submitted to it,
the Developer or the ACC shall apply the building restrictions set forth below under this Declaration. The initial aesthetics of the
building shall be strictly adhered by the Developer or the ACC.
d. Notwithstanding the foregoing provisions, the Developer or the ACC and the Association shall have no affirmative
obligation to be certain that all elements of the design comply with the restrictions contained in the Declaration, and the Developer and no
member of the ACC or the Association and its Board of Directors shall have any liability, responsibility or obligation whatsoever for any
action or decision, or lack thereof. The Developer or the ACC and its members shall have only an advisory function, and the sole
responsibility for compliance with all of the terms of this Declaration shall rest with the Lot Owner. Each Lot Owner agrees to save,
defend, and hold harmless the ACC and the Association and its members on account of any activities of the ACC relating to such Lot
Owners' property or Improvements to be constructed.
e.Only Building Contractors who have been approved by the Developer or the ACC shall be allowed to construct any
improvements within the Subdivision. The ACC shall, from time to time establish such criteria, as it may deem appropriate for the
approval of Building Contractors. Such criteria may include, but shall not be limited to, a current certificate of workmen's compensation
insurance, a current certificate of general liability insurance, and current appropriate licensing, if applicable.
f The Association shall insure the Single Family Dwelling against risks without prejudice to the right of each owner of each
Lot to insure its Single Family Dwelling on its own account or for its own benefit. The Association shall carry full replacement value
insurance for the property and each Lot Owner shall be responsible to carry full replacement value insurance for the contents of the
properly. In case of fire or casualty, each Lot owner to which loss occurred shall be responsible to rebuild to pre -loss condition. If any of
the owners of one or more Lots refuse to make such payment, the Association may proceed with the reconstruction at the expense of all the
owners of the Lots benefited thereby, and that owner forfeits its property to the Association.
g. The Association shall be responsible to maintain, collect and assess fees/penalties/liens on delinquent property
owners' assessments.
D. VIOLATIONS COMMITTEE.
I . Purpose and Structure. A Violations Committee shall be created after the Development Period has expired in order to receive
grievances and form complaints for submission to the Board of Directors. The Violations Committee shall be composed of three (3) members,
who shall be appointed by the Board of Directors; and the terms of such members shall be three (3) years. In the event of the death or
resignation of a member, the Board shall have the authority to appoint a successor to complete the term of the deceased or resigning member.
2. Procedure. Any Lot Owner may file a written grievance with the Violations committee regarding a violation, or attempted
violation, of these Covenants. The identity of the reporting Owner may, at the reporting Owners election, remain anonymous, and in that
case, no governing body of the Subdivision may disclose the identity of the reporting Owner. if the Violations Committee substantiates the
violation, the Committee shall draft a formal complaint and forward it to tite Board of Directors for action not inconsistent with this section.
All Owners and Residents consent to be bound by this Committee's decision. Violations are subject to the following fines: Penalty for
vandalism or malicious use of the property: $250.00 or cost of repair, whichever is greater; Other violations: First offense - written
warning by Board Appointed Representative; Second offense - written warning by the Board of Directors of tine Property Owners'
Association, Third offense - $100.00 fine. Any fine shall be assessed repeatedly upon failure of a resident to correct the infraction after a
notice to desist has been issued. Any fine levied shall be collected in the same manner as property owners' assessments. Violators may be
granted an opportunity to be heard before the Board of Directors of the Property Owners' Association should they so choose.
3. Enforcement. Upon receipt of a formal complaint from the Violations Committee, the Board of Directors shall notify the
offending party of the violation and request that it be rectified within ten (10) days. if tine violation is not conrcted within that time, after
proper notice of the violation having been given, the Board of Directors may proceed with reasonable diligence to seek judicial enforcement
of its decision. In the event the Board seeks judicial enforcement, the offending Owner shall be held liable to the Board for payment of a] I
costs incurred by it in seeking the enforcement of the Covenants, including attorney's fees.
4. Building Manager. The Board of Directors shall appoint a Building Manager who shall be responsible for the day to day
management of the Association. Employers are under the supervision of the appointed Building Manager or the appointed representative of
the Board of Administration of the Association (hercinafter 'Board Appointed Representative"). Any aide which is required to maintain or
repair any of the Lots and/or Buildings should be arranged with the Board Appointed Representative.
SECTION IV
BUILDING AND USE RESTRICTIONS
A. BUILDING SITE. A "building site" shall consist of one or more numbered Lots as shown on the face of the Plat or
any modifications or adjustments thereto. No individual Lot may be split to create two or more Lots.
B. CONSTRUCTION AND GRADING. No Single Family Dwelling, or outer buildings, improvements or Structures shall
be erected, constructed, maintained, or permitted on such Lacs, except on a "building site as defined above. Further, all Lot grading
and drainage shall be approved by the Developer, or after delegation by the ACC and will conform to the approved subdivision -
grading plan.
C. BUILDING TYPE.
1. No Single Family Dwelling shall be constructed that is more than one (1) story in height or more than one thousand, six
hundred and twelve square feet (1,612 sq. ft.) or less than one thousand four hundred and two square feet (1,402 sq. ft.) of heated area per
side, exclusive of carports, garages, basements and storage rooms. Particular architectural styles, features, appointments and details may
not be approved, at the discretion of the ACC, if deemed to be incompatible or non -conforming to the standard of quality or aesthetics
promoted within the Subdivision. Additionally, "minimum code" specifications shall not be the standard by which the ACC shall be bound,
but rather by any level above that is deemed appropriate minimums for consistency of quality within the Subdivision. Examples of the
approved building structure and Architectural plans are attached hereto as Exhibit "C".
2. With regard to Single Family Dwelling, each Patio Home shall have two (2) attached one (1) car garage and must be kept
and maintained as part of the respective Patio Home. Garage doors must be kept closed when not in use for the purpose of ingress or
egress of automobiles.
3. Any limitations in this Declaration to the contrary notwithstanding, until Single Family Dwelling have been constructed on all
Lots in the Subdivision, the Developer shall be entitled to use any Lot owned by Developer for construction of model, sales offices,
construction sheds or for storage of materials. Revisions to approved architectural plans are discouraged; however, any revision to any
previously approved plan should be for upgrade purposes only. All revisions must be submitted to the ACC as set forth hcrein prior to
commencing construction and shall be approved by 1000/6 of the Lot owners.
D. BUILDING MATERIALS. The exterior wall of each building constructed or placed on a Lot shall be (100%) brick or stone.
All exterior colors and materials of any material must be compatible and approved by the Developer or the ACC-
E. ROOFS. All roofing material shaIl be approved by the Developer or the ACC prior to the installation of such materials. Such
materials shall be architectural shingle or better and shall be otherwise in compliance in all respects with applicable City
ordinances.
COUNTER TOPS. Granite counter tops shall be installed in all kitchens.
G. WINDOWS. All buildings shall maintain the same type of windows as were originally installed by the Developer. In order
to prevent damage to the Single Family Dwelling, all windows must be shut and secure when Residents are not present on the
premises:
H. EASEMENTS. Easements for installation and maintenance for landscaping in the yard and for installation and maintenance
of utilities and drainage facilities are reserved on each Lot as reflected on the recorded Plat. Within these easements, no Structure,
planting or other material (except driveways across any Lot) shall be placed or permitted to remain which may interfere with
landscaping and the operation, installation or maintenance of utilities, or which may change the direction of flaw of drainage channels
in the easement, or which may obstruct or retard the flow of water toward or through drainage in the easement. Driveways permitted
within the easement shall be constructed so as not to prevent any flow of water or change the flow in the area of each Lot and all
improvements for which a public authority, the Association, or any utility company is responsible.
I. UTILITIES. Except for overhead power lines, all permanent utilities shall be located underground. In the event that utilities
to any Patio Home have been shut of, the Association shall have the right to resume service for that particular Patio Home and assess any
late fees, etc, to the responsible Lot owner.
J. EXTERIOR MECHANICAL DEVISES, Air conditioning units, heat pumps, solar devices, chimney flues, hot tub pumps,
satellite dishes, and similar mechanical equipment shall be aesthetically concealed from view on all sides and shall be shielded in such a
manner as to minimize noise and safety concerns. The location of such devices and the shielding to be used shall all be reviewed and
approved by the Developer or the ACC prior to installation.
K. ALTERATIONS. No alteration or addition to any of the common areas shall be made without prior written consent of the
Board Appointed Representative and shall be subject to majority vote of all homeowners.
L. FENCING. Generally, any fencing is strictly prohibited on the property. Any variation from this prohibition must be
approved by the Developer or the ACC.
M. SIDEWALKS. Sidewalks shall be installed on each Lot by the Developer as required by the City and code specifications,
and shall be installed prior to the issuance of a certificate of occupancy by the City.
N. ANTENNAS AND SIGNALS. No exterior antenna, aerial wires or other device (including, without limitation, radio or
television transmitting or receiving antennae and satellite dishes) for the transmission or reception of any form of electromagnetic
radiation shall be erected, installed, used or maintained on any Lot, unless the same is expressly approved and permitted by the ACC
and appropriately screened so as to not be visible from the front of any other Lot or any public Street. No radio signals, television
signals or any other fora of electromagnetic radiation shall originate from any Lot which may unreasonably interfere with the reception
of television or radio signals on any other Lot. No satellite dish antenna shall be erected unless the same is approved by the ACC and
appropriately screened so as to not be visible from the front of any other Lot or any public Street.
0. GENERAL MAINTENANCE. Each Owner shall use care and keep his or her Lot and all improvements thereon in a neat
manner and prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot, and otherwise keep his
or her Lot in conformity with the general character and quality of properties in the immediate area. In addition, by acceptance of Deed to
any Lot, the Owner thereof covenants and agrees that the Association shall retain the right to maintain the lawns, mow weeds and grass on
the Lot in an effort to maintain consistency amongst the lot owners. The Association shall incorporate the cost to maintain the yard in the
monthly assessments charged to the Lot owners. The Association shall be responsible for the maintaining in a neat manner and preventing
the development of any unclean, unhealthy, unsightly, or unkempt conditions on any of the common areas, including those areas of lawns,
trees, foliage & plants located in the common areas around the Lots. The cost to maintain said common areas shall be assessed equally
amongst the Lot owners.
SECTION V
ADDITIONAL BUILDING USE AND GENERAL RESTRICTIONS
A. GENERAL RESTRICTIONS. Each member is responsible for the proper conduct of himself, his family and any guests and
service personnel he may invite. He/she must be certain that they understand and abide by all rules and regulations that have been
established, No objects may be hung or thrown off the railings of the units. No running in walkways. No fireworks shall be allowed on the
premises.
B. SECURITY. Security shall be maintained by each unit owner. Owners are asked to promptly notify the Board
Appointed Representative of any suspicious or unusual activity or incidents which have occurred.
C. FIRE PROCEDURES. Walkways and front doors mmust be kept clear at all times. If a fire is discovered in any Patio Home,
the resident shall be responsible to: (1) IMMEDIATELY contact the fire department and inform the dispatcher of the unit and location of
the building; (2) Leave the Patio Home without further delay and shut the door, leaving it unlocked; (3) Set the nearest fire alarm to sound;
(4) Alert other occupants on your floor or in your building.
D. GUESTS. Owners shall notify the BOARD Appointed Representative of guests which are authorized to visit the premises.
No children under the age of 18 are authorized to visit the Rremises without the su wryision of parent or ardian at all times without
rior consent from the Board Appointed Representative. Each Patio Home shall be limited t faur 4 residents at all times.
E. ANNOYANCES, All nuisances shall be immediately reported to the Board Appointed Representative. All Residents shall be
bound to minimize excessive noises during the early morning or late evening hours. Noise from television, stereos, musical equipment, etc.
should be kept at a minimum at all times, but especially between the hours of 11:00 pm and 8:00 am.
F. CONDUCT OF CHILDREN. Parents/guardians are responsible for the general conduct of their children at all times. Damage to
the common elements or personal property of other residents shall be the responsibility of the parent/guardian. Skateboards, bikes,
rollerblades shall be prohibited from the parking lots or walkways, with the exception of children accompanied by an adult. Defacing
of the building or parking lots is strictly prohibited.
G. STOREROOMS. Homeowners are responsible to ensure than any objects stored in the storerooms are would not be considered
a fire hazard.
H. OFFENSIVE ACTIVITIES. No noxious or offensive activity shall be carried on or permitted upon any Lot or on any Street or
sidewalk adjacent thereto, nor shall anything be done thereon which may be or may become an annoyance or nuisance to adjacent Lot
Owners or to the Subdivision. Any Lot Owner violating this paragraph shall be required to indemnify and hold harmless the ACC for any
expense it incurs in alleviating the noxious or offensive activity, annoyance or nuisance.
I. OIL AND MINING OPERATIONS. No oil drilling, oil refining, quarrying, or mining operation of any kind whatsoever shall
be permitted upon, about, or in any Lot, nor shall any oil well, tank tunnels, mineral excavations or shafts be permitted upon or in any
Lot.
J. MAINTENANCE OF SURFACE. Earth or gravel shall not be removed from the surface of any Lot, except for improvement or
leveling of the Lot involved. Landfill on any Lot shall be earth only, and shall not include trash, refuse, junk, construction debris or similar
materials. Stable conditions of the soil and vegetation shall not be destroyed or disturbed, nor shall the surface drainage patterns be
changed, except in a fully engineered manner, which will provide adequate recognition of soil conservation requirements. All damage
to soil and vegetation shall be immediately restored to a stable condition, any removal, fill or change in soil or surface conditions must
be approved, in advance, by the ACC.
K. SIGHT DISTANCES AT INTERSECTIONS, No fence, wall, hedge or shrub planting which obstructs sight lines at elevations
between two (2) and six (6) feet above the Streets 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 if property
lines extended. The same sight line limitations shall apply on any Lot within ten (10) feet from the intersection of a Street property
line with the edge of the driveway.
L. CURBS AND STREETS. All Street cuts are specifically prohibited unless a waiver is granted by the Developer. No curb cut
for driveways shall be closer than three (3) feet to the side property line. All curbs are to be neatly blended into driveway radius.
M. PARKING. All Single Family Dwellings must have off -Street parking only, and shall not be permitted to park off of designated
driveways. The ACC shall have the right to have vehicles in violation of this provision towed at the Owner's expense. No parking of any
type of vehicle, boat, RV, camper, etc., will be permitted on grass, yards, landscape areas, sidewalks, or on Streets at any time. Any
vehicles referred to herein shall be in violation of this provision when the vehicle is located within a prohibited area for more than 24
hours.
N. VEHICLES. Any automobiles, boats, trailers, campers, recreational vehicles, motorcycles, buses, untagged or off -road,
vehicle may not be parked or stored at any time on any street, yard, or driveways. Likewise, no vehicle repairs or maintenance is to be
performed other than in garages or in concealed areas to the rear of building lines. No inoperative vehicles of any kind shall be left on any
Lot or easement. No eighteen (18) wheel vehicle or other similar large van or flatbed type vehicle may be parked or stored on any
Street, Yard or driveway, except to deliver merchandise or other materials to residents or construction sites. Any vehicles referred to
herein shall be in violation of this provision when the vehicle is located within a prohibited area for more than twenty-four (24) hours.
O. LOT AND GROUND MAINTENANCE. No Lot or easement or any part of the Property shall be used or maintained as a
dumping ground. Rubbish, leaves, grass, trash, garbage and/or other wastes shall be kept in non-corrosive/non-breakable trash containers.
All equipment for the storage and/or disposal of such rubbish, trash, garbage or other wastes shall be kept in a clean and sanitary
condition- No garbage or trash containers are to be kept in view of the Street unless it is to be picked up within 24 hours.
P. ASSOCIATION ACCESS TO PATIO HOMES. The Association may retain a passkey to each Patio Home for
maintenance, security. No owner shall alter the lock or doors without prior written consent of the Board Appointed Representative. If
such consent is granted, the owner shall provide the Association with a key to the lock.
Q. ANIMALS. Pets shall be limited to no more than two (2) to a Single Family Dwelling. The term "pets" specifically refers to
fish, cats, dogs, birds, hamsters, gerbils. Any other pets shall be expressly prohibited without the written consent of the Association.
Pets shall be removed unilaterally by the Association in the event the Board of Administration determines said pet has become an
endangerment or annoyance to any other Lot owners or the Association as a whole. All pets shall be kept inside at all times and shall be
kept clean and maintained at all times. No pets shall be allowed to be restrained in patio or backyard areas. All pets shall be leashed at
all times when exiting or entering a Single Family Dwelling and all waste located in the common or limited common areas shall be
promptly disposed of in the proper receptacles.
R. OTHER STRUCTURES. The inhabiting of any structure or vehicle such as a boat, trailer, basement, tent, shack, garage,
camper, modular, mobile or manufactured home or other outbuilding shall not be permitted on any Single Family Dwelling Lot,
whether temporarily or permanently.
S. BASKETBALL GOALS. No basketball goals, courts, backboards or other sports equipment may be attached,
erected or constructed on the front of Patio Home of a Single Family Dwelling, or facing the front Street, unless approved by
the ACC.
T_ CLOTHING LINES. No outdoor clotheslines shall be permitted.
U. SIGNS. No signs or any kind shall be posted on the exterior walls of any of the common area or buildings without prior
approval from the Board Appointed Representative.
V. RESTRICTIONS ON USE. Each Lot is hereby restricted to use by the owner thereof to residential enterprises approved by
the Association. None of the Lots or any part of the Common Areas shall be used for any immoral, imprope , offensive, or unlawful
purpose. All applicable laws shall be observed. No owner of any Lot may: (1) have any thing in its Lot or on the Common Areas,
which will increase the rate of insurance on the Subdivision or any of the Subdivision buildings, unless owner agrees to pay for that
particular increase; (2) interfere with the rights of other occupants of the Subdivision; (3) annoy other owners of other mots by
unreasonable noises; (4) undertake any use or practice which shal l create or maintain a nuisance; or (5) interfere with the peaceful
possession and proper use of any other Lot or the Common Areas. Notwithstanding the foregoing, the Association may promulgate
rules governing the use of the Subdivision which shall be binding on the owners and occupants of the buildings as though they formed
part of this Declaration of Covenants, Conditions and Restrictions.
W. UTILITY EASEMENT. The Developer hereby expressly grants, bargain, sell and convey unto the said Property Owners'
Association and unto the Property Owners' Association successors and assigns forever, a permanent utility easement, to have and to
hold the same unto the Property Owners' Association, and unto the Property Owners' Association successors and assigns forever, with
all appurtenances thereunto belonging. Together with the rights of ingress and egress over and across adjacent lands for the purpose of
laying, repairing, inspecting, maintaining, removing or replacing said utility easement, and the right of exercising all other rights
necessary to carry out the purposes for which this easement is created. And the Developer hereby covenants with the Property Owners'
Association that the Developer will forever warrant and defend the title to the property against all lawful claims whatever except
easements, special assessments, and restrictions.
X. SECURITY SYSTEMS. All security systems installed in a Patio Home must be approved by the ACC. In addition, each
Lot Owner is responsible to provide the ACC with access through the security system, including a key/passcode in the event the ACC
must intervene on the property in the absence of the Lot owner.
SECTION VI
COMMON SPACE AND AMENITIES
A. There shall be created, as shown on the face of the Plat of the Subdivision and identified as "Common Properties", such
common tracts as the Developer shall create for landscaping, other amenities, and signage for the Subdivision. Such tracts shall be for
the benefit of all Lots and properties in the Subdivision and the Common Properties shall be maintained by the Association as provided
in this Declaration.
B. Upon the filing of the final Subdivision Plat, and when acted upon by the Developer, the mentioned Common
Properties located in the Subdivision shall be conveyed to and accepted by the Association. In addition, any other property or
amenity may be deeded/sold to the Association by the Developer if deemed to be for the common good of the Subdivision by
the Developer.
C. Maintenance of the Common Properties shall be at the cost and expense of the Members of the Association (Lot Owners)
within the Subdivision. All of such costs, including, but not limited to, maintenance expenses, insurance, and real property taxes, shall be
borne by the Lot Owners based on the ratio of the total number of Lots they own to the total number of Lots that have been created by the
filing of the final Plat and any amendments thereto.
D. In addition to the Common Properties, the Developer and when delegated by him, the Association, shall have an easement in
the yard of each Lot for the purpose of installing and maintaining coordinated landscaping in the yards of the Subdivision, the
installation and maintenance cost shall be borne by the Developer and after delegation by him to the Association.
E. The Developer, and after delegation in writing by him, the Board of Directors of the Association shall have the authority
to promulgate such rules and regulations and amendments thereto regarding the use of the Common Properties, and yard landscaping
amenities as it from time to time deems appropriate.
SECTION VII
REGULAR AND SPECIAL ASSESSMENTS FOR ASSOCIATION
A. By acceptance of the Deed or other instrument of conveyance for his or her Lot within the Subdivision, each Lot Owner shall
be deemed to covenant and agree to pay the Association annually or monthly (to be determined by the Board) regular assessments and
special assessments for operating expenses Incurred by the Association and for maintenance and care of the Common Properties and
hereby consents to the imposition of any liens provided herein in connection therewith without further notice. Owners shall pay
assessments six (6) months in advance upon the initial purchase of a Lot. Owner shall also pay a capital fee at the discretion of the
Board upon the initial purchase of a Lot. Thereafter, such assessments shall be fixed, established, and collected from time to time as
provided in this Declaration and by the Association. The regular and special assessments, together with such interest thereon and costs of
collection as provided below, shall be a continuing lien on the property affected and shall also be a personal obligation of the Owner of
such property from the date when the assessment is due and payable until paid in full. Such personal obligation shall not pass to
successors in title to the affected Lot or property unless expressly assumed by such successors. Unless changed by a majority vote of
the Lot Owners casting votes, the annual, monthly or regular assessment for any Lot in the Subdivision shall be that amount last
approved by the Board on the question of such assessment. On vote of the Board of Directors of the Association in the manner set forth in
the Articles of Incorporation and By -Laws of the Association, the assessments maybe changed from time to time for the purpose of
defraying, in whole or in part, the cost of reconstruction, repair or replacement of the landscaping and signage on the Common Properties
in the Subdivision, as well as any common amenity owned by the Association, including fixtures and appurtenances related thereto. The
Board of Directors of the Association must approve any special assessments or change in annual or monthly assessments.
B. It shall be the duty of the Association to notify all Owners or contract purchasers of Lots within the Subdivision, whose
addresses shall be supplied by the Owner or contract purchaser to the Association, by sending written notice to each of such Owners within
fifteen (15) days after the date on which the assessment has been fixed or levied, giving the amount of the charge or assessment for the
current year, when the -same shall be due, and the amount due for each Lot, Failure of the Association to levy an assessment due to lack of
address for the Owner of any particular Lot within the Subdivision or for any other reason, shall not discharge the obligation of any
such Owner from paying such assessment, and it shall be the obligation of any such Owner to notify the Association of such Owner's
current address.
C. Any regular or special assessment levied as set forth in this Declaration shall become a lien on the affected Lot or property as
soon as such assessment is due and payable as set forth above. In the event any Owner fails to pay the assessment when due, then the
assessment shall bear interest at the maximum legal rate permitted by the State of Arkansas on the date when such assessment is due
and shall continue to accrue at that rate, until it is paid in full. Forty-five (45) days after the date of any such assessment has been fixed
and levied, the assessment, if not paid, shall become delinquent and the payment of both principal and interest may be enforced as in
the case of a laborer's lien on the affected real estate, and notice of such lien may be filed with the Circuit Clerk and E-Officio Recorder
of Pulaski County, Arkansas, and venue shall be laid in the appropriate Court of competent jurisdiction in Pulaski County, Arkansas. It
shall be the duty of the Board of Directors of the Association, as provided below, to bring actions to enforce such liens before they
expire. For each notice of lien so filed, or for any lien so filed, the Association shall be entitled to collect from the Lot Owner or
Owners of the Lot described in such notice of lien a fee of $125.00, and shall be collectible in the same manner as the original
assessment provided for in this declaration. Any such lien shall continue for a period of five (5) years from the date of delinquency
and no longer, unless within such time period legal proceedings shall be instituted to collect such assessments, in which event, the lien
shall continue therewith, the non-paying Owner or Owners shall be obligated to pay all costs incurred, plus reasonable attorney fees,
which casts and fees shall become a portion of the lien and may be foreclosed on in the same manner as the assessment provided above.
D. The assessments levied by the Association shall be used for the purpose of promoting the recreation, health, safety,
enjoyment, and welfare of the residents of the Subdivision, and, in particular, for the improvement and maintenance of property, services
and facilities devoted to the above stated purpose and related to the use and enjoyment of the Common Properties and of the Single
Family Dwe€Iing situated in the Subdivision. Without limiting the generality of the foregoing statement of purpose, such assessments shall
be applied by the Association to the payment of the costs of the following:
1. To enforce any and all building and land -use restrictions that exist as of the date of this Declaration or which may be
lawfully imposed hereafter on or against any of the Property in the Subdivision.
2. To maintain the Common Properties and amenities and improvements thereon as provided in this Declaration.
3. To pay expenses to carry out the above, such as attorney/'s fees, manager's fees, expenses of liability, fire and other insurance,
bookkeeping and accounting expenses, and any and all other expenses that may from time to time be deemed necessary to carry out the
intent of this Declaration by the Association.
4. To protect property values in the Subdivision by promoting pride in and enthusiasm for it; to work far improved transportation,
schools, libraries, and recreation facilities within the community in which the Subdivision is located, and to do all lawful things and
tasks that the Association, in its discretion, may deem to be in the best interest of the Subdivision and the Owners of the Lots in the
Subdivision.
E. Individual builders and/or Owners shall be responsible for reimbursements billed to the Declarant of any and all maintenance,
repair or utilities as necessary to protect the common properties, until the Association is organized and formed.
F. Neither the unplatted pans of the Property nor any unsold Lot owned by the Developer shall be assessed any fee for
maintenance of the Common Properties or Yard Easement.
SECTION VIII ENFORCEMENT
A. Any dispute between an Owner and the Association, including its ACC or Violation Committee, shall be resolved by a
Committee of three (3) Arbiters, with one Arbiter to be designated by the Owner and one to be designated by the Association. The two (2)
Arbiters so appointed shall agree on the selection of a third Arbiter, and if agreement cannot be reached within fifteen (15) days after their
appointment, the two shall request appointment of a third Arbiter by a Court of competent jurisdiction in Pulaski County, Arkansas, or its
successor.
B. The arbitration shall generally follow the procedure prescribed in Arkansas Code Annotated § 161018-201, et seq., and the
decision of the Committee of Arbiters, which shall be made in writing and signed by at least two Arbiters, shall be final and binding on all
interested persons.
In the event a party fails to comply with the decision of the Arbiters within the time period specified in the decision, any Owner or the
Association may seek confirmation of the decision in a Court of competent jurisdiction in Pulaski County, Arkansas, as provided in the
above -referenced Arkansas Code provisions.
SECTION IX
DURATION AND AMENDMENT
A. DURATION. The Covenants of this Declaration shall run with and bind the Property subject to this Declaration, and shall be
binding on and inure to the benefit of and be enforceable by the Association and/or the Owners and Residents of any Lot or any of the
Property subject to this Declaration, their respecdve legal representatives. heirs, devisees, personal representatives, successors and assigns,
for an original fifteen (15) year term expiring on the fifteenth (I5'h) anniversary of the date of recordation of this Declaration, after
which time these Covenants shall be automatically extended for successive periods of five (5) years unless an instrument is signed by the
Owners of at least seventy-five percent (75%) of all Lots within this Subdivision and recorded in the Records, which contains and sets
forth an agreement to abolish these Covenants.
B. AMENDMENT OR MODIFICATION. The Covenants, restrictions and other terms contained herein may be altered,
amended or modified by written declaration, signed and acknowledged by the Owners of 75% or more of the Lots and recorded in the
Records. Notwithstanding the above, no alteration or modification of the Covenants or the provisions of this Declaration may be made
prior to expiration of the Development Period without the express written consent of the Developer- Notwithstanding any provisions
hereof to the contrary, the Developer may at its sole discretion; at anytime during with the Developer owns one (1) or more lots, and
without notice or consent being required of anyone: (i) modify,. amend, or repeal any one or more of these Covenants or the provisions of
this Declaration at any time prior to the expiration of the Development Period, provided said amendment, modification or repeal is in
writing and property recorded in the Records; and/or (i'r) amend these Covenants or die provisions of this Declaration to cause these
covenants and restrictions to be in compliance with any and all applicable laws, rules and regulations (including without limitation any
and all applicable laws, rules and regulations of the Federal Housing Administration and (or the Veterans Administration).
SECTION X
MISCELLANEOUS
A. The consent to any act or the waiver of breach of any provision of this Declaration, shall not operate or be construed as a consent
or waiver of act or breach by any party, or as a waiver or modification of the provisions of this Declaration.
B. In the event any one or more of the provisions contained in this Declaration shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceabi I ity shall not affect the remaining provisions of this Declaration and
this Declaration shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein:
C. No Lot may be divided into a smaller Lot or Lots, without the approval of the Developer or the Association. No Lot, or any part
thereof, may be added to any other Lot, without the approval of the Developer or the Association. No owner of a Lot shall permit any
structural modifications or alterations to be made in any Lot without the approval of the Developer or the Association. if the modification
or alteration desired by the owner of any Lot involves the removal of any permanent interior partition, the Developer or Association
may permit such removal so long as the permanent interior partition to be removed is not a load -bearing partition, and so long as the
removal thereof would in no manner affect or interfere with the provision of utility services to any Lot or the Common Areas. No owner of
any Lot shall or cause any modifications to be made on the exterior of the Subdivision or Single Family Dwellings, including painting
or other decoration, or the installation of electrical wiring, television antennae, or machines which may protrude through any common
walls or roof of any Single Family Dwelling, or in any manner change the appearance of any part of the Lot not within the walls of
such Lot; nor shall storm panels or awnings be affixed, without the approval of the Developer or the Association.
D. If any owner of any Lot shall encroach on any part of the Common Areas or any other Lot, a valid easement for the
encroachment shall not exist. All encroachments shall be repugnant to the ownership of the Lots or the Common Areas and shall be
prevented by the Association, in every reasonable manner, except those that are approved modifications to the existing Lots as approved
by the Association.
E. Whenever any proceeding is instituted-that'could result in the temporary or permanent taking of all or pail of the Common
Areas or one or more Lots or parts thereof by exercise of a power of eminent domain or condemnation, the Association and each owner of
each Lot shall be entitled to notice thereof and may participate in the proceedings incident thereto. With respect to the Common Areas, any
damages or awards shall be determined for such taking as a whole and not for each owner's ownership interest therein- After such
determination, each owner of each Lot shall be entitled to share in the damages in the same proportion as, its percentage of undivided
interest in the Common Areas. With respect to one or more Lots or parts thereof, the damages or awards for such taking shalt be the sole
property of the owners of the Lots which are subject to such taking. In the event of a taking of all or part of any Lots, the following
provisions shall apply:
(1) If the taking reduces the size of a Lot and the remaining part of the Lot may be made tenantable, the Lot shall be made tenantable. If
the cost of such work exceeds the amount of the award, the additional funds required shall be assessed against the owner of the Lot. The
balance of the award, if any, shall be distributed to the mortgagee (if any) of the Lot to the extent of the unpaid balance of its mortgage and the
excess, if any, shall be distributed to each owner of the Lot, The percentage of undivided interest in the Common Areas of each such Lot
shall be reduced to the extent allowed by law,
(2) If the taking so reduces the size of a Lot that it cannot be made tenantable, the award shall be paid to the mortgagee (if any) of
the Lot to the extent of the unpaid balance of its mortgage and the excess, if any, shall be distributed to each owner of the Lot.
F. The Association shall have the right of ingress and egress over, upon, and across the Common Areas, and the right to store
materials thereon to make such other use thereof as may be reasonably necessary or incident to construction, development, and sale of the
Lots and operation of the Common Areas, In case of an emergency, the Association or any other person authorized by it, may enter such
Lot for the purpose of remedying the cause of such emergency.
G. The captions, headings and arrangements used in this Declaration are for convenience only and do not in any way limit or
amplify the terms and provisions hereof The use of the singular form of pronouns shall be construed to include the plural, and the plural
the singular where the number of the parties and in the context indicates that intent. Likewise, the use of the masculine gender shall
include the famine and vice versa.
Reviewed only fcr indUslon of minimum standards
requires by the City of LiCtke Rccksubdivisicn reguladOm,
Sill of Asst:mf= pro jsisnm rstablished t;y tzc
developer may 6;:�a0s^y retulalioru of tiro
Little Rock succtviswn and zoning ordinances.
a II
City f e Rock Planning Commission
SECTION XI
GOVERNING LAW CHOICE OF FORUM, VENUE, AND CONSENT TO JURISDICTION
A. This Declaration and the Covenants, terms and provisions hereof shall be construed in accordance with and governed by the
laws of the State of Arkansas in the same manner as any other similar instruments or agreements that are made and to be performed
wholly within such Jurisdiction, without regard to the conflicts of laws provisions thereof.
B. Any and all claims or causes of action shall and must be filed only in the courts of the State of Arkansas for Pulaski County
or the United States District Court for the Western District of Arkansas, which shall have exclusive Jurisdiction over any and all
disputes which arise between the parties under this Agreement, whether in law or in equity. Each of the parties mentioned herein,
including the Developer, Board, Committees, Owners, Residents and Members, expressly agrees, consents, and stipulates that venue
shall be exclusively within said courts. Each of the parties mentioned herein expressly agrees, consents and stipulates to the exercise
of personal jurisdiction over them or it and subject matter jurisdiction over any such controversy arising between the parties being only
in the courts listed herein.
Executed by the authorized members of Montagne Development, LLC, this,2A day of ? CA .
Montagne Development, LLC
I
ACKNOWLEDGMENT
STATE of ARKANSAS
COUNTY of PULASKI
On this day, before me, the undersigned, a notary public, duly commissioned qualified and acting, within and
for the county and state, aforesaid appeared in person the within named Jim Swink and June Swink to me
personally well known, who stated that they were the President and Secretary of Montagne Development,
LLC, a limited liability company, and were duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said limited liability company, 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 have hereunto set my hand and official seal this; day of
1�y // -
Yam.
OFFr10EA.t. IS
y TAMARA M. GU FFEY
Notary Public �1D7ASAL NEhCOUNTY S'
State of Arkansas MYCOMM�S&ON EXPREs. �-2014
County of41Ul-Afi4 - Sz(i'rl e-
My commission expires: o a -o 3 -d-oily
The imposition of this Declaration of Covenants, Conditions and Restrictions for Valley View Court is agreed to and acknowledged
by OneBank in its capacity as Mortgagee.
By:
Itse
ACKNOWLEDGMENT
STATE of ARKANSAS
COUNTY of PULASKI
On this day, before me, the undersigned, a notary public, duly commissioned qualified and acting, within and
for the county and state, aforesaid appeared in person the within named Jim Swink and June Swink to me
personally well known, who stated that they were the President and Secretary of Montagne Development,
LLC, a limited liability company, and were duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said limited liability company, 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 have hereunto set my hand and official seal this 2LT day of
FTAMARA
C1 SEAL_ � -
� ,LA M. Gi<,PF- YNotary Public : - ;i'r;R!SASSState of Arkansas County of #KiuN a�'a ..
My commission expires: 6-2 -o 5 ®,A9 /Y
EXHIBIT "A" Legal Description
Lands lying in the NW of Section 24, T-2-N, R-14-W, more particularly described as follows:
PART OF THE NORTHWEST QUARTER NORTHWEST QUARTER, SECTION 24, TOWNSHIP 2 NORTH, RANGE 14 WEST,
PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID NORTHWEST QUARTER NORTHWEST QUARTER, SECTION 24; THENCE NORTH 89
DEGREES 58 MINUTES EAST 527.2 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER NORTHWEST
QUARTER, SECTION 24, TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 58 EAST ALONG SAID
SOUTH LINE 795.8 FEET TO THE WEST RIGHT-OF-WAY LINE OF KATILLIUS ROAD; THENCE NORTH 00 DEGREES 41
MINUTES EAST 330.2 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE WEST 799.25 FEET TO A POINT NORTH 00
DEGREES 09 MINUTES EAST 331.35 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 09 MINUTES
WEST 331.35 FEET TO THE POINT OF BEGINNING, ALSO BEING KNOWN AS TRACT "C", WILDWOOD SUBDIVISION.
Also more commonly known as Valley View Court Subdivision.
Page 1 of 1
Paul White
From: Tamara Guffey [tguffey@whitedaters.com]
Sent: Thursday, October 28, 2010 2:56 PM
To: 'Paul White'
Subject: FW: Plat of Valley View Court Phase I
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P. 501-821-1667
F. 501-821-1668
From: Bates, Joni B. [mailto:joni.bates@centerpointenergy.com]
Sent: Tuesday, October 26, 2010 10:20 AM
To: Tamara Guffey
Subject: RE: Plat of Valley View Court Phase I
Approved
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Tuesday, October 26, 2010 8:47 AM
To: jboyd@lrww.com; Bates, Joni B.; Daniel.Tull@CArkW.com; tthompl@entergy.com; ck082@att.com
Cc: pwhite@whitedaters.com; 'James, Donna'; vfloriani@littlerock.org; vharper@littlerock.org
Subject: Plat of Valley View Court Phase I
Attached is a final plat for review and approval. Please let us know if you have any questions. An email
response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
The owner of this property intends to file their plat by November 17, 2010. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response.
Sincerely,
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P. 501-821-1667
F. 501-821-1668
10/28/2010
Page 1 of 2
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Wednesday, November 03, 2010 1:44 PM
To: 'James, Donna'; pwhite@whitedaters.com
Subject: FW: Plat of Valley View Court Phase I
Attachments: Temp07627.PDF
ATT approval. See below.
B
From: NAZI, ALLISON V (ATTSWBT) [mailto:an0142@att.com]
Sent: Wednesday, November 03, 2010 1:37 PM
To: Brian Dale; tguffey@whitedaters.com
Subject: FW: Plat of Valley View Court Phase I
Brian -
AT&T approves this plat as of 11/3/10.
Thanks,
Allison Naji
AT&T -Arkansas
Mgr. OSP Planning & Engineering Design
1111 W. Capitol, Room 465
Little Rock, AR 72201
(501)373-1168
From: KEATHLEY, CHRIS (ATTSWBT)
Sent: Tuesday, October 26, 2010 1:07 PM
To: NAZI, ALLISON V (ATTSWBT)
Cc: TAMARA GUFFEY
Subject: FW: Plat of Valley View Court Phase I
Allison .... can you help Tamera with this please? Thanx Chris
Chris Keathley
Manager 05P Ping & Eng Dsgn
501.373.6594 0
501.615.5823 C
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Tuesday, October 26, 2010 11:01 AM
To: KEATHLEY, CHRIS (ATTSWBT)
Subject: Plat of Valley View Court Phase I
Attached is a final plat for review and approval. Please let us know if you have any questions. An email
response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
The owner of this property intends to file their plat by November 17, 2010. The City of Little Rock now
11/3/2010
Page 1 of 1
Arian Dade
From:
Jim Boyd Dim.boyd@l wu.com]
Sent:
Thursday, December 02, 2010 11:25 AM
To:
'James, Donna'
Cc:
'Brian Dale'
Subject: FW: Plat of Valley View Court Phase I
Attachments: Temp07627.PDF
Sewer is available to this property and no additional easements are required by LRW. LRW has no
objection to filling this plat.
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.corn
From: Brian Dale [mai Ito: bda le@whitedaters.com]
Sent: Thursday, December 02, 2010 9:14 AM
To: Jim Boyd; Daniel.Tull@CArkW.com; 'Harper, Vance'; 'James, Donna'
Cc: 'Paul White'
Subject: Plat of Valley View Court Phase I
The developer would like to record this final plat next week.
Can each of you please update me on the status of your review of the attached final plat?
Thank you in advance for your cooperation.
B
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Tuesday, October 26, 2010 11:01 AM
To: KEATHLEY, CHRIS (ATTSWBT)
Subject: Plat of Valley View Court Phase I
Attached is a final plat for review and approval. Please let us know if you have any questions. An email
response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
The owner of this property intends to file their plat by November 17, 2010. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response.
Sincerely,
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P. 501-821-1667
F. 501-821-1668
12/2/2010
Page 1 of 2
Paul White
From:
Brian Dale [bdale@whitedaters.com]
Sent:
Friday, December 03, 2010 11:38 AM
To:
'James, Donna'
Cc:
'Paul White'
Subject:
FW: Plat of Valley View Court Phase I
Attachments:
Temp07627.PDF
CAW approval.
See below.
B
From: Daniel.TuII@CArkW.com [mailto:Daniel.Tull@CArkW.com]
Sent: Friday, December 03, 2010 9:55 AM
To: Brian Dale
Subject: Re: Plat of Valley View Court Phase I
This looks good to me
Thank you
Daniel Tull
Engineering Technician
501-377-1245
From: "Brian Dale" <bdale@whitedaters.com>
To: "'Jim Boyd"' <jim.boyd@lrwu.com>, <Daniel.Tull@CArkW.com>, "'Harper, Vance"' <VHarper@littlerock.org>, "'James, Donna
<DJa mes@littlerock.org>
Cc: "'Paul White"' <pwhite@whitedaters.com>
Date: 12/02/2010 09:09 AM
Subject: Plat of Valley View Court Phase I
The developer would like to record this final plat next week.
Can each of you please update me on the status of your review of the attached final plat?
Thank you in advance for your cooperation.
B
From: Tamara Gulley[mailto:tquffey@whitedaters.com]
Sent: Tuesday, October 26, 2010 11:01 AM
To: KEATHLEY, CHRIS (ATTSWBT)
Subject: Plat of Valley View Court Phase I
Attached is a final plat for review and approval. Please let us know if you have any questions. An email
response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
The owner of this property intends to file their plat by November 17, 2010. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response.
12/3/2010
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —VALLEY VIEW LOTS 1-7 & 24-34
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 Improve nts remain uncompleted and a punch list has been prepared and sent.
(�1 _ Engineering Specialist Date:
ADDRESSING SPECIALIST'S REPORT
e re ew and . tha a street names and street configuration are acceptable.
Addressing Specialist Date: Z4b d
IF Joe/
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 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.
Akg::4 t d,+� �y Traffic Engineer Date: J L;?.!;-
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 require eats for final plat approval have been satisfied.
4 44�Civil Engineer I/II Date: z S
-k:xo ====�
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
Surveyor Date:
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
A I d JJq ,2 A/ Date: Z r
Design Review Engineer/ ' iI ngineering Manager
December 6, 2010
k \Nlo\r0.�fr\v1E�UNl0.v1 wn RI b lial 01 A10 Foul
�3
I
I.T
-- rs—J_ I
I II II J4� li
I 1 1 1 SFr + I
I ' f I 444
a
-No
I
q „58 • g Y� ,v�or
I I � + �wY ♦�
t
oho a S��"�'� 5 ^✓— , r
$�$ 4fg8a' r E L�rr a + y •nwr` i I.ev +#
PSG
"g 4Aii hi + g l 8y r i I
S aa� RA
o� 8n _ sar�s•N. awr. � —.—
g SOUTH KATlUUS ROAD
7-
�
8�[ GSA
�2�=�
CIO R
!E �
2 v
E b �
y
City of Little Rock
Planning and Development
Filing Fees
Date Z),r20Ib
Annexation
Board of Adjustment
Cond Use Permit/T U P
Final Plat
Planned Unit Dev
Preliminaty Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at ea
Public Hearing Signs
Number at ea
Total
File No
Location f
Applican 4;
By