HomeMy WebLinkAboutS-0161-G-1 Application84 G3910
FILED & RECORDED'
BILL OF ASSURANCE
WOODLAND HILLS SUBDIVISION PHASE II 104 OCT l$ PH 12.36 ,
By-
KNOW ALL PERSONS BY THESE PRESENTS THAT: JPULAS T L
EXANDER
L1I,ASIiI CO. CiRCUII CLERK
WHEREAS, Woodland Hills Limited Partnership, an
Arkansas limited partnership, hereinafter called Grantor, is
the owner of the lands lying in the City of Little Rock,
Pulaski County, Arkansas, described in Exhibit "A" hereto;
and
WHEREAS, it is desirable that the above described
property be subdivided into lots and blocks with dedicated
streets as shown on the attached plat and that said property
be held, owned and conveyed subject to the protective coven-
ants herein contained; and
WHEREAS, it is desirable -to establish a uniform
plan for the development, improvement and sale of such land
and to ensure the preservation of such uniform plan for the
benefit of both the present and future owners of such lots;
NOW, THEREFORE, Grantor, for and in consideration
of the benefits to accrue to it, which benefits it acknow-
ledges to be of value, does hereby adopt, establish and
impose the following restrictions, reservations, covenants
and conditions upon such lots, which shall constitute coven-
ants running with the title of said lots and shall be binding
upon and enure to the benefit of Grantor, its successors,
assigns and each and all of such beneficiaries and said
Grantor hereby donates and dedicates to the public an ease-
ment of way on, over and under the streets as shown on said
plat to be used as public streets. In addition to the said
streets, there are shown on said plats certain easements and
rights -of -way for drainage and utilities which Grantor
hereby donates and dedicates to and for the use of the
public utilities, the same being, without limiting the
generality of the foregoing, electric power, gas, telephone,
water and sewer, with the right hereby granted to the persons,
firms or corporations engaged in the supplying of such
utility services to use and occupy such easements and to
have free ingress and egress therefrom for the installation,
maintenance, repair and replacement of such utility ser-
vices.
The filing of the plat and this Bill of Assurance
for record in the office of the Circuit Clerk and Recorder
of Pulaski County, Arkansas shall be a valid and complete
delivery and dedication of said easements and rights -of -way.
The lands embraced in said plat shall be forever
known, as follows:
LOT/TRACT BLOCK
9-20 inclusive 2
37-60 inclusive 3
1-9 inclusive, and Tract D 5
All in WOODLAND HILLS, PHASE II, an
addition to the City of Little Rock,
Arkansas, all located in SE 114 SW
1/4, Section 33, T-2-N, R-13-W,
Pulaski County, Arkansas.
Any and every deed of conveyance so describing the
subject propeiEy as hereinabove identified shall always be
deemed a sufficient description thereof.
Said land herein platted and any interest therein
shall be held, owned and conveyed subject to and in con-
formity with the following covenants, restrictions and
conditions, to -wit:
ARTICLE I
DEFINITIONS
Section 1. "Properties' shall mean and refer to
all land in the Woodland Hills Subdivision, Phase II, which
is .the subject to the reservations set forth herein.
Section 2. 'Zero -Lot -Line Unit' shall refer to a
structure other than a Paired Unit which is detached and is
constructed so that one side is aligned with and rests upon
a side yard lot line, which shall be known as "the Zero -Lot -
Line..'
Section 3. 'Paired Lot' or 'Paired Lots' shall
mean and refer to the following described lots of land shown
on the subdivision plan:
LOT BLOCK
49-60 inclusive 3
Each Paired Lot shall be used for the purpose of
constructing Paired Units thereon, which shall share a
common wall, with said wall being situated on the lot line
running beneath said common wall and between such Paired
Units. The Owner of each Paired Lot shall own that portion
of the Paired Unit which is actually located upon his Paired
Lot. Of the remaining 33 lots, no more than 23 may be
developed as zero -lot -line Units or other than as Paired
Unit Lots, without the approval of the Director of Current
Planning, Office of Comprehensive Planning, City of Little
Rock, after application and such notice as the Director may
reasonably require. However, nothing herein shall prohibit
the construction of Paired Units on other Lots within the
subdivision, so long as the construction and placement
otherwise comply with the terms of this Bill of Assurance
and the plat and the subdivision requirements of the City of
Little Rock. in the event of such construction, the lots so
utilized shall thereafter be deemed to be Paired Lots for
the purposes of the plat and this Bill of Assurance.
Section 4. 'Owner' shall mean and refer to the
record owner, whether one or more persons, or entities, of
fee simple title to any lot or portion thereof, but ex-
cluding those whose interest is held merely as security for
the performance of an obligation.
Section S. 'Unit' shall mean and refer to that
portion of a structure which is constructed on a lot for
i occupancy by one person or one family. 'Paired Units' shall
mean and refer to two 'Units' constructed as a duplex on two
Paired Lots with a Common Wall, all as herein defined.
Section 6. 'Common Wall' shall mean and refer to
the party wall between Paired Units, the pipes, vents,
outlets, plumbing, insulation, wiring and duct work within
such party wall and the portions of the roof and foundation
of'Paired Units located between two imaginary plains formed
by extention upward and downward of the surfaces of the
party wall forming the interior walls of each separate unit.
Section 7. 'Common Open Space' shall mean and
refer to those areas which are to become the property of the
Property Owners' Association for use as recreational facili-
ties, private drives or other common areas to be maintained
by said Property Owners' Association as per Article VI,
hereof. Phase II of the Woodland Hills Subdivision contains
the following described 'Common Open Space' in addition to
such private drives as are shown on the subdivision plat:
LOT BLOCK
TRACT D (Green Area) 5
ARTICLE II
RESERVATIONS EXCEPTIONS AND DECLARATIONS
Section 1. Easements. Grantor reserves the
easements and rights -of -way as shown on the subdivision plat
for the purpose of constructing, maintaining and repairing a
aystem or systems of electric lighting, electric power,
telegraph and telephone line or lines, gas, sewers, cable
television or any other utility Grantor sees fit to install
in, across or under the Properties. Neither Grantor nor any
utility company nor any authorized political subdivision
using the easements herein referred to shall be liable for
any damages done by them or their assigns, their agents,
employees or servants, to fences, shrubbery, trees or
flowers or any other property of the Owner on the land
covered by said easements. All easements, as filed on
record, are reserved for the mutual use and accommodation of
all public utilities desiring to use same. Any public
utility shall have the right to remove and keep all or part
of any buildings, fences, trees, shrubs, or other improve-
ments or growths which in any way endanger or interfere with
the construction, maintenance, or efficiency of its utility
system on any easement strips, and any public utility shall,
at all times, have the right of egress and ingress to and
from and upon said easement strips for the purpose of con-
structing, reconstructing, inspecting, patrolling, main-
taining, and adding to or removing all or any part of its
utility system without the necessity at any time of pro-
curing the permission of anyone.
Section 2. Installation of Paving. Grantor
reserves the right, during installation of paving of the
streets as shown on the subvidision plant, to enter onto any
of the Properties for the purpose of street excavation,
including the removal of any trees, if necessary, whether or
not the Properties have been conveyed to or contracted for
sale to any other Owner.
Section 3. Title Subject to Easements. It is
expressly understood that the title conveyed by Grantor to
any of the Properties shall be subject to any easement
affecting same for roadways or drainage, water, gas, sewer,
storm sewer, electric light, electric power, telegraph,
telephone, or cable television purposes as pictured on the
subdivision plat or as installed, and shall convey no in-
terest in any pipes, lines, poles or conduits, or in any
utility facility or appurtenances thereto constructed by or
under Grantor or any easement owner or any agents through,
along, or upon the premises affected thereby, or any part
thereof, to serve said land or any other portion of the
Properties.
Section 4. Encroachments; Overhang Easement.
(a) Grantor hereby reserves for itself and
each Owner an easement and right to overhang each Owner's
property with the roof of any Unit as any such roof is
originally constructed or substantially repaired by neces-
sity, but not otherwise.
(b) If any portion of any Unit or any car-
I be perpetual and appurtenant to the Lot on which the Zero -
port now encroaches upon any other Lot or the Property of
Lot -Line Unit is constructed (hereinafter the -Benefitted
any Owner other than the Owner of such Unit, or if any Unit
Lot'). The easements herein established shall be subject to
hereafter constructed encroaches upon any other Lot or the
the following conditions and covenants which shall run with
property of any Owner other than the Owner of such Unit, or
the land and shall be binding upon the Grantor, its successors
if any such encroachment shall occur hereafter as a result
and assigns:
of settling or shifting of the building, a valid easement
(a) No building or improvements shall be
for the encroachment and for the maintenance of the same
constructed or erected by the owner of the Burdened Lot
shall exist so long as the building shall stand. In the
within the easement areas or other activity undertaken which
event any Unit shall be partially or totally destroyed as
k would prohibit reasonable and effective access by the owner
result of fire or other casualty or as a result of con-
f of the Benefitted Lot; provided, however, nothing herein
demnation or eminent domain proceedings and then rebuilt,
shall prohibit the placement of patio floors and landscaping
encroachment easements due to such rebuilding shall exist
within the easement areas nor customary screening fences
for such encroachments and maintenance thereof for so long
running perpendicular to the side lot line.
as the building shall stand to the same extent and degree as
(b) The owner of the Benefitted Lot shall
such initial encroachment.
have the right to enter upon the easement area to the extent
Section S. Ingress and Egress onto Paired URlta
necessary to carry out the maintenance and repair of building
Owner's Property. Each Owner shall have an easement, which
walls and fences adjacent to the easement area. The right
is hereby reserved by Grantor in his behalf, over and upon
of entry shall be exercised in a manner to minimize interference
the adjoining Owner's Property for the maintenance and
IE
- I with the owner of the Burdened Lot's enjoyment of the easement
repair of (a) the Common Wall, (b) other improvements ad-
area and shall be preceded by reasonable notice; provided
jaeent to such adjoining Owner's Property and (c) pipelines
that in cases of emergency, the right of entry shall be
connecting each Unit with water and sewer mains; provided
immediate.
that any such entry upon the adjoining Owner's property
(c) In the event any portion of the footings,
shall be made with as little inconvenience to the Owner
walls, and/or foundation of any dwelling encroaches into the
thereof as practical, and any damage caused thereby shall be
easement area established on the adjoining lot, a valid
repaired at the expense of the Owner using this easement.
easement for the encroachment and for its maintenance thereon,
Section 6. Maintenance and Construction Easements
c so long as it stands, shall and does exist and is herein
for Zero -Lot -Line Units. For the purposes of maintenance
specifically established; provided, however, the encroachment
and repair of building walls and fences erected on or along
shall not exceed one-half foot (0.5').
the Zero -Lot -Line, a five foot (51) wide easement is hereby
(d) In the event any portion of the eaves of
established on, over and across the adjoining Lot (hereinafter
a dwelling encroaches into the easement area established on
the 'Burdened Lot-), and shall extend along the full length
the adjoining lot, a valid easement for the encorachment and
of the Zero -Lot -Line. An easement herein established shall
for its maintenance thereon, so long as it stands, shall and
does exist and is herein specifically established; provided,
however, the eave encrochament shall not exceed two feet
(2').
(e) The owner of the Benefitted Lot shall
indemnify the owner of the Burdened Lot for all damage to
the easement area resulting from the use of the easement
area by the owner of the Benefitted Lot.
(f) The owner of the Benefitted Lot of an
easement shall be held harmless from any liability arising
from the use and enjoyment of the easement area by the owner
of the Burdened Lot. The owner of the Burdened Lot shall be
held harmless from any liability arising from the use and
enjoyment of the easement area by the owner of the Benefitted
Lot.
Section 7. Hater Sewer and Drainace. Grantor
hereby reserves for itself the right to place connecting
lines for all utility and sewer systems, including water,
gas (if any) and sewer main connections, and drainage facili-
ties on or under any Owner's Property for service to and
drainage of such Owner's Property and other Owner's Properties.
An easement shall exist on any Owner's Property for such
connecting lines and common drainage facilities as the same
are installed and Grantor hereby reserves an easement on any
Owner's Property on which connecting lines and common drainage
facilities are installed for their use and maintenance in
favor of the Owner of any property which is served by or
drains into such facilities, provided that any entry upon
the property on which the connecting lines or common drainage
facilities are located shall be made with as little incon-
venience to the Owner thereof as practical. For purposes of
determining the sharing by Owners of costs incurred in the
clearing, maintenance and repair of common drainage facilities,
such facilities shall be treated just as if such were common
walls.
ARTICLE III
USE RESTRICTIONS
Section 1. Land Use and Building e. All Lots
shall be known, described and used for residential purposes
only and no structure shall be erected, altered, placed, or
permitted to remain on any affected lot other than either
one single family residence or two connected Units composing
Paired Units, not to exceed two (2) stories in height.
'Residential purposes' shall be construed, and Grantor
specifically intends that such term include duplex houses.
No lot shall be used for business or professional purposes
of any kind or for any commercial or manufacturing purpose.
f No building of any kind or character shall ever be moved
onto any lot, it being the intention that only new con-
struction shall be placed and erected thereon.
Section 2. Dwelling Design.
(a) The main residential portion of each
Unit shall have a minimum floor area of 1,100 square feet.
! (b) No window or wall -type air conditioners
shall be permitted to be used, erected, placed or maintained
on the exterior of any building ch the front or street side
of the building.
(c) No fence or wall shall be erected,
placed, or altered on any lot nearer to the street than the
minimum building setback lines as shown on the subdivision
plat and no fence or wall shall exceed six (6) feet in
height above ground level.
(d) No Unit shall be constructed with exposed
conventional cinderblock on its front or sides.
(e) No Unit shall be constructed using unfinished
wood sheathing without texture or pattern, including but not
limited to conventional plywood, except on trim or overhangs.
(f) No front entry garages or carports shall be
constructed, used or maintained.
No wavier of any of these requirements shall be
effective unless approved by the office of Comprehensive
Planning, City of Little Rock, after appropriate application
and notice, including but not limited to notice to any
Property Owners Association. (See, Act. VI, Sec. 4).
Section 3. Building Location. The plat of the
Properties shall comply with applicable zoning and building
regulations of the City of Little Rock, Arkansas, and Units
will be located not less than each of the required distances
from the front and rear property lines to building lines
established by applicable zoning requirements.
Section 4. Alternative Designs. In the event
Paired Units are constructed on lots not initially desig-
nated for such use, or Units are constructed which are zero
lot -line Units, the terms of the plat and this Bill of
Assurance as to building location shall be deemed to have
been complied with if, in each such instance, the building
line of each Unit which is not located on a side lot line is
at least five (51) feet from the other lot line, so as to
maintain a ten (101) foot separation between structures, and
otherwise is constructed within the applicable front and
rear yard requirements.
Section 5. Minimum Lot Area. No Owner's Property
shall be subdivided; provided, however, that this provision
shall not be construed to prohibit the construction of
Paired Units as aforesaid or the sale of each of such Paired
Units to different Owners.
Section 6. Annoyance or Nuisances. No noxious or
offensive activity shall be carried on upon any portion of
the Properties. Nothing shall be done upon any lot which
may be or become an annoyance or a nuisance to the neighbor-
hood.
Section 7. Temflorary Structures.
(a) No structure of a temporary character,
whether trailer, basement, tent, shack, garage, barn or
other outbuilding, shall be maintained or used on any lot at
any time as a residence, either temporarily or permanently;
provided, however, that
(i) Grantor reserves the exclusive
right to erect, place and maintain such facilities in or
upon any portions of the Properties as in its sole dis-
cretion may be necessary or convenient while selling lots or
portions thereof, selling or constructing Units and con-
strucing other improvements upon the Properties. Such
facilities include, but are not limited to, sales and con-
struction offices, storage areas, model units, signs, and
portable toilet facilities.
(ii) Anything contained in these re-
strictions to the contrary notwithstanding, there shall be
permitted on any Owner's Property the use of a dog house, so
long as said dog house is not of unreasonable size and is so
placed on an Owner's Property so as not to be visible from
the front street side of the buildings.
(b) Except as otherwise provided in sub-
paragraphs (i) and (ii) above no truck camper, motor home,
trailer or vehicle of any type (whether or not operable) or
boat (whether powered, said or otherwise) may be parked,
kept or stored on any lot (except in a garage) or in any
street for more than forty-eight (48) hours during the
seventy-two (72) hour period. A trailer, camper, operable
vehicle, motor home or boat may be parked, kept or stored on
any Paired Lot behind the back building line of the unit.
An "operable vehicle' shall be one in useable, running
condition.
Section 8. Sians and Billboards. No signs,
billboards, posters, or advertising devices of any character _.
shall be erected, permitted, or maintained on any lot or
Unit except one sign of not more than ten (10) square feet
in surface area advertising the particular Owner's Property
nn which the sign is situated for sale or rent. The right
is reserved by Grantor to construct and maintain such signs,
billboards or advertising' devices as are customary in con-
nection with the general sale of residential property.
Section 9. oil anLtLninq Operatic s. No oil
drilling or development operations, oil refining, quarrying
or mining operations of any kind shall be permitted upon or
in any Lot nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon or in any Lot. No
derrick or other structure designed for use in boring for
oil or natural gas or other minerals shall be erected,
maintained or permitted upon any Lot.
Section 10. Storage and oisoosal of Garbage and
Refuse. No Lot shall be used or maintained as a dumping
ground for rubbish or garbage. Trash, garbage or other
waste materials shall not be kept except in sanitary re-
ceptacles constructed of metal or plastic materials with
sanitary covers or lids. All equipment for the storage or
disposal of such waste•materials shall be kept in clean and
sanitary condition. No Lot shall be used for the open
storage of any materials whatsoever which materials are
visible from the street, except that new building materials
used in the construction of improvements erected upon any
Lot may be placed upon such Lot at the time construction is
commenced and may be maintained thereon for a reasonable
time, until the completion of the improvements, after which
these materials shall either be removed from the Lot or
stored in a suitable enclosure on the Lot.
Section 11. visual Obstructions at the Intersections
01 2ublic S-,re�:s. No object, including vegetation, shall
be permitted on any corner lot which either (i) obstructs
reasonably safe and clear visibility of pedestrian or vehicular
traffic through sight lines parallel to the ground surface
at elevations between two feet (2') and six feet (6') above
the roadways, or (ii) lies within a triangular area on any
corner lot described by three points, two such points being
at the edge of the paving abutting said corner lot and at
the end of twenty-five feet (251) back along the curb on the
two intersecting streets abutting said corner lot, and the
third point being the center of the corner curb abutting
said lot.
Section 12. Antennae. No radio or television
aerial wire or antennae shall be maintained on any portion
of any Lot forward of the front building line of said lot
nor shall any free-standing antennae of any style be permitted
to extend more than twenty (20) feet above the roof of the
main residential structure on said Lot. No Owner shall
install or maintain radio or television aerial wires or
antennae in airspace over the portion of a Lot adjoining
such Owner's Property.
Section 13. Animals. No Owner or other person
shall keep domestic animals in a number in excess of that
which he may use for the purposes of companionship of the
private family, it being the purpose and intention hereof to
restrict the ownership of domestic animals against any
commercial purposes of any kind or character and to restrict
the use of all Lots so that no persons shall quarter on the
premises either horses or cows. The term 'domestic' animals
specifically excludes horses, cows, hogs, sheep, goats,
guinea, fowls, ducks, skunks, bats, chickens, turkeys or
other animals that may interfere with the quietude, health
or safety of the community.
Section 14. Burning. No person shall be per-
mitted to burn or incinerate anything on any Lot outside the
main residential building. This provision shall not apply
to outdoor cooking equipment when used in the preparation of
food.
ARTICLE IV
MAINTENANCE, REPAIRS AND IMPROVEMENTS
Section 1. Unit Exterior and Lot Kaintenance.
Each Owner shall maintain the exterior of his Unit in an
attractive manner and shall not permit the paint, roof, rain
gutters, downspouts, exterior walls, windows, doors, walks,
driveways, parking areas and other exterior portions of his
Unit to deteriorate in an unattractive manner. Each Owner
shall at all times keep all weeds and grass on his property
cut in a sanitary, healthful and attractive manner and no
Owner shall permit weeds or grass to grow to a heigth
greater than twelve inches (12') upon his property. Vegetables
in excess of twelve inches (12') in height shall not be
grown in the front yard except within four feet (4'), of any
Unit. The drying of clothes on front yards is prohibited
and the Owner of any lot at the intersection of streets or
other facilities where the rear yard or portion of the Lot
is visible to full public view shall construct and maintain
a drying yard or other suitable enclosure to screen from
public view the drying of clothes, yard equipment, and
woodpiles or storage piles which are incident to the normal
residential requirements of a typical family. In the event
of default on the part of any Owner in observing the above
requirements or any one of them, and the continuance of such
default after ten (10) days' written notice thereof, Grantor
or its assigns shall, without liability to such Owner in
trespass or otherwise, have the.right (but no obligation
whatsoever) to enter upon said Lot or cause to be cut such
weeds and grass and remove or cause to be moved such garbage,
trash and rubbish or do any.other thing necessary to secure
compliance with these restrictions so as to place said Lot -•
in a neat, attractive, healthful and sanitary condition and
may render a statemnt of charge to the Owner of such Lot for
the cost of such work. Each Owner agrees by the purchase or
occupation of his property to pay such statement immediately
upon recept thereof.
Section 2. Common Walls.
(a) All reasonable costs of necessary re-
storation, repair and maintenance of Common Walls shall be
shared by the Owners of Paired Units repaired and the costs
of restoration, repair and maintenance of elements of a
Common Wall serving only the Owner of one Unit in a Paired
Unit, including, but not limited to, the costs of restora-
tion, repair and maintenance of all plumbing, wiring, in-
sulation, ducts and interior finish which services one
owner's Unit, only, shall be borne in their entirety by such
i Owner. Nothing contained herein shall prevent or prohibit
i an. Owner from seeking a larger contribution than would
#} otherwise be due hereunder if a larger contribution would be
due under any rule of law regarding liability for negligence
or willful acts or omissions.
(b) Notwithstanding any other term of this
Article to the contrary, any Owner who by his negligence or
willful acts causes a Common Wall to be exposed to the
elements shall bear the whole cost of furnishing the neces-
sary restoration and protection from the elements.
(c) To the extent not inconsistent with
these cCovenants, restrictions and conditions, the general
rules of law regarding party walls and liability for property
damage due to an Owner's negligence or willful acts or
omissions with respect to Common Walls shall apply thereto.
Section 3. Additions and Exterior Improvements.
No Owner of a Paired Unit shall make any addition to, modi-
fication of or alteration of the exterior of his Unit,
I substantial change of the landscaping of his Unit or any
change in the color of any part of the exterior of his Unit
unless such addition or change has been approved in writing
by the Owner of the Unit with which such Owner's Unit is
paired, which shall not be unreasonably denied.
ARTICLE V
INSURANCE AND CASUALTY LOSSES
Section 1. Insurance. Each Owner shall maintain
insurance against loss or damage by fire or other hazards in
an amount sufficient to cover the full replacement cost of
all repairs and/or reconstruction work in the event of
damage to or destruction of the Unit from any hazard.
Section 2. Repair or Reconstruction of Single
Unit. In the event of damage to or destruction of a single
Unit of a pair by fire or other casualty, the Owner thereof
shall, with the concurrence of the mortgages (if any), upon
receipt of the insurance proceeds paid on account of such
loss contract to repair such damaged portion of the Unit or
rebuild such Unit to as good condition as such portion or
such Unit was in prior to the casualty in question, unless
the Owner of the damaged or destroyed Unit and the Owner of
the Unit with which it is paired shall mutually agree other-
wise.
Section 3. Repair of Paired units. In the event
of damage to both Paired Units by common casualty, the Owner
of each Unit shall, with the concurrence of the mortgagees
(if any), upon receipt of the insurance proceeds paid on
account of such loss,, contract to repair the damaged portion
of his Unit to as good condition as such portion was in
prior to the casualty in question, unless the Owners of the
damaged Paired Units shall mutually agree otherwise. Repair
of common walls shall be governed by Article IV hereof.
ARTICLE VI
ROPERTY OWNERS' ASSOCIATI
Section 1. Composition. Grantor hereby covenants
that as soon as 100 lots in the Woodland Hills Subdivision,
Phases I and II, and adjoining developments which developed
by Grantor as a part of a comprehensive, integrated plan of
development, (collectively 'Subdivision") have been sold, it
will cause to be formed a non-profit corporation in which
the purchaser or Owner of any Lot, by acceptance of title,
agrees to become and shall be a member and membership in
l
said corporation shall be limited to such purchasers or
Owners. The Articles of Incorporation of said corporation
shall specify, among other purposes and duties of said
i
corporation, the enforcement of all of the restrictions,
covenants, reservations and conditions contained in this
Bill of Assurance, as amended, and the maintenance, preservation
and improvement of private drives, recreational facilities
and other public areas throughout the Subdivision and the
I transaction of such other business as may be permitted by
law.
Section 2. Organization. The Articles of In-
corporation and Bylaws of said corporation shall provide for
the election of a Board of Directors consisting of five
members of the association. The five members so elected to
! serve as the Board of Directors of the association shall
a
from their number elect a President, Secretary and Treasurer
of this association. This Board and the officers so elected
shall see to the management of the affairs of the corporation.
Section 3. Annual Dues. Any purchaser or owner
of any Lot within the Subdivision agrees to pay to said
corporation when formed annual dues or assessments to fund
the operation of the Property Owners' Association for the
purpose of accomplishing the hereinafter described func-
tions. The amount of said annual dues shall be fixed by the
Bylaws of the corporation or by its Board of Directors
within such limits as may be from time to time set by the
membership at any regular membership meeting. The directors
of the corporation shall be elected annually at the annual
membership meeting at such time and place as specified by
the Bylaws of the corporation. Each owner of a Lot in the
Subdivision shall he entitled to one (1) vote at all elec-
tion and on all other matters that may come before a meeting
of the members, provided that if any member of the corpora-
tion shall be the purchaser or owner of more than one Lot in
the Subdivision, he shall be entitled to as many votes as
the number of Lots purchased or owned by him. Grantor shall
be entitled to and obligated to accept membership in said
corporation and shall pay dues or assessments with respect
to the unsold Lots in the Subdivision.
Section 4'. Functions.
(a) The Board of Directors of the corpora-
tion shall serve as the architectural control committee of
the Subdivision. In this regard, no building, fence, wall
or other structure shall be commenced, erected or maintained
upon any Lot, nor shall any exterior addition to, or change
or alteration therein, be made, nor shall any landscaping of
any Lot be undertaken, until the plans and specifications
showing the nature, kind, shape, height, materials and
location of the same shall have been submitted to and ap-'
proved in writing by the Board of Directors of the corpora-
tion as to the harmony of external design and location in
relation to surrounding structures and topography. In the
event that any plans and specifications are submitted to the
Board for architectural review as provided herein, and the
Board shall fail either to approve or reject such plans and
specifications for a period of fifteen (15) days following
such submission, such failure shall be deemed to be an
approval by the Board for all purposes.
(b) In the event a dispute arises between
the owners of Paired Units in any matter for which the
consent of one, or the mutual agreement of both, or the
allocation of cost or repair or maintenance between owners
of paired Units is required, such owners shall submit the
dispute to the Board of Directors of the corporation for
resolution prior to resorting to the institution of any
litigation in any court of competent jurisdiction. The
A
factual controversy shall be determined and the dispute
resolved by the Board of Directors within thirty (30) days
after presentation of the matter to the Board, or as soon
thereafter as the Board can reasonably act. The determina-
tion of the Board in such circumstances shall be final and
conclusive upon the parties.
Section S. Powers.
(a) The Property owners Association shall
have the power to enforce the provisions of Article IV,
Section 1, hereof and shall have the further power to de-
clare lien to exist on the Lot of any Owner in the Sub-
division for the amount of any statement or charge made to
the }owner by the association for the cost of any work or
materials provided by the association on said Owner's Lot in
securing compliance with said Article IV, Section 1.
(b) The Board of Directors shall also have
the power to declare a lien to exist and continue to exist
on each Lot in the Subdivision for the amount of the annual
dues or assessments until such has been fully paid.
(c) The corporation shall also have the
right, power and authority to add a penalty not to exceed
twenty percent (20%) for failure of any member of the corpora-
tion to pay any monies due the corporation under paragraphs
(a) and (b) hereof and may enforce collection of all such
sums, if not paid within the time to be fixed by the Board
of directors, by proceedings in the Chancery Court of
t
Pula ski County, Arkansas, the same as other liens are en-
forced on lands located in said County and said lien shall
cover and include all costs, expenses and attorneys fees
incurred in enforcing same.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Term. Unless earlier terminated in
accordance with this instrument, the foregoing building and
use restrictions which are hereby made conditions subsequent
running with the land shall remain in force and effect for
thirty (30) years from the date of this instrument at which
time the same shall be automatically extended for successive
periods of ten (10) years unless a majority vote of the then
Owners of the Lots shall agree in writing to change said
conditions and covenants in whole or in part.
Section 2. Enforcement. If any person shall
violate or attempt to violate any of the covenants herein,
it shall be lawful for any Owner situated in said Proper-
ties, including Grantor, to prosecute any proceedings at law
or in equity against the person or persons violating or
attempting to violate any such covenant and either to pre-
vent him or them from so doing or to recover damages for
such violation.
Section 3. Severability. Invalidation of any one
of these covenants by judgment or court order shall in no
way affect any of the other provisions, which shall remain
in full force and effect.
Section 4. Existing Liens. Violation or` failure
to comply with the foregoing restrictions, covenants, and
conditions shall in no way affect the validity of any mort-
gage, loan or bona fide lien which may, in good faith, be
then existing on any Lot.
Section 5. Amendment. These covenants and re-
strictions may be amended at any time when the Owner or
Owners of 809 of the Lots subject to this Bill of Assurance
agree in writing to amend such covenants and restrictions
either in whole or in part and such amendment has been
approved by the Little Rock Planning Commission or its duly
authorized staff representative and has been filed for
record with the Pulaski County Circuit Clerk.
EXECUTED this the day of October, 1984.
WOODLAND HILLS LIMITED PARTNERSHIP
LITTLE ROCK PLAFRiINC
M' ISSION APPROVED
By
�P-��- f 7,/9p1V William Daniel Thomas, Jr.
General Partner
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF PULASKI )
This day before me, a Notary Public, of the State
and County aforesaid, personally appeared William Daniel
Thomas, Jr., with whom I am personally acquainted and who
upon oath acknowledged that he, being authorized so to do
• executed the foregoing instrument for the purposes therein
contained.
WITNESS my hand and official seal this day of
1984.
= Notary Public
My Commission Expires:
.'- 92
( S E A L )
EXHIBIT 'A'
Part of the SW)/4, Section 33, T-2-N, R-13-W,
Pulaski County, Arkansas, more particularly
described as: Beginning at the Northwest
corner of Tract 'A', Block 2, Woodland Hills,
an Addition to the City of Little Rock,
Arkansas; thence N14'00151'W, 160.31 ft. to a
point; thence N25'09'Sl"w, 74.58 ft. to a
point; thence N31'S4'S1'W, 231.37 ft. to a
point; thence N66'34'09'E, 187.0 ft. to a
point; thence Southeasterly along the arc of
a 235.43 ft. radius curve to the left, having
a chord bearing and distance of S24'27136'E,
11.81 ft. to a point; thence N89'1B'39'E,
471.31 ft. to a point; thence S43'15121'E,
256.11 ft. to a point thence S2'19121'E along
the West line of Lots 13 i 14, Block 3, said
Woodland Hills Addition and the Northerly
extension of said West line of Lot 14, 159.8
ft. to the Northeast corner of Lot 12, said
Block 3; thence S40'28'30'W along the North
line of said Lot 12 and along the North lines
of Lots 11, 10 a 9, said Block 3, 174.05 ft.
to a point of the North line of said Lot 9;
thence S37'17'04'W along the North line of
said Lot 9 and along the North lines of Lots
8 i 7, said Block 3, 110.6 fto to the
Northeast corner of Lot 6, said Block 3;
thence S57'12157'W along the North line of
said Lot 6 and along the North line of Lot 5,
..said Block 3, 70.18 ft. to the Northeast
corner of Lot 4, said Block 3; thence
S82'23159'W along the North line of said Lot
4 and along the North lines of Lots 3, 2, i
1, said Block 3, 184.20 ft. to the Northwest
corner of said Lot 1, said corner lying on
-the East right-of-way line of Aspen Drive;
thence p13'25122'W along said East right-of-
way line, 80.0 ft. to a point; thence
Northwesterly and continuing along said East
right-of-way line being the arc of a 929.93
ft. radius curve to the Right, having a chord
bearing and distance of N11'44'28'W, 54.74
ft. to a point; thence N10'02157'W and con-
tinuing along said East right-of-way line,
41.22 ft. to a point; thence S79'57103'W
along the North line of Tract 'A', Block 2,
said Woodland Hills Addition and said North
line extended Easterly 181.29 ft. to the
Northwest corner of said Tract 'A' and the
point of beginning, containing 8.1349 Acres
more or less.
A-
84 72=5
FILED & RECOROIO
AMENDMENT TO )9&}
BILL OF ASSURANCE DEC -r �j{ a 1p
WOODLAND HILLS SUBDIVISION, PHASE II3i ciC
T CLEAK
KNOW ALL PERSONS BY THESE PRESENTS THAT: PtkASXJ COL=CIA
1. The undersigned is the owner of more than
eighty (80t) percent of the lots in Woodland Hills Subdivision,
Phase II, as contemplated by Article vII, Section 5, of the
Bill of Assurance which is dated I6, 19� and
appears of record as instrument number - 39 Hence,
the undersigned is entitled to amend the Bill of Assurance,
as set forth herein.
2. Article I, Section 3 of the Bill of Assurance
is amended by deleting the reference to '49-60 inclusive'
and replacing it with the numbers and word '51-60 inclusive';
by deleting the reference to 'the remaining 33 lots' and
replacing it with the number and words 'the remaining 35
lots'; and by deleting the reference to 'no more than 23'
and replacing it with the number and words 'no more than
21.'
3. All other terms and conditions of the Bill of
Assurance shall remain the same.
DONE this ate- day of November, 1984.
i APPQOVED uT7Z6 2ocK P�rINrNG WOODLAND HILLS LIMITED PARTNERSHIP
{j
1 CGMMr 1 N. DEC. t
cJ
STATE OF ARKANSAS)
)35. ACKNOWLEDGMENT
COUNTY OF PULASKI)
This day before me, a Notary Publi of the State
r da d County, aforesaid, personally appeared I� ��d
L1 .-, with whom I am personally acquainted an�o
pon oath ac,enawledged that he, being authorized so to do
executed the foregoing instrument for the purposes therein
contained.
WITNESS my hand and o E' ial seal on this &day
of November, 1984.
4
y Pub xc
My cu^.unisSSion Fares:
-�y 0 85 51oW pp _ lV �l .3r r-.-1F
I� C� Cc �.�In��-
SECOND AMENDMENT TO 6 ILI'
BILL OF ASSURANCE EBS S�
WOODLAND HILLS SUBDIVISION, PHASE II G
pa5K1IC0.0
KNOW ALL PERSONS BY THESE PRESENTS:
1. The undersigned is the owner of more than
eighty percent (80%) of the lots in Woodland Hills Sub-
division, Phase II, as contemplated by Article VII, Section 5,
of the Bill of Assurance which is dated October 18, 1984,
and appears of record as instrument number 84-63910, as
amended by instrument number 84-72325. Hence, the under-
signed is entitled to amend the Bill of Assurance and the
plat as set forth herein.
2. The lands embraced in the plat shall hereafter
be known as follows:
Lot/Tract Block
9-15 inclusive 2
16R-19R inclusive 2
37-50 inclusive 3
51R-57R inclusive 3
1-9 inclusive and Tract D 5
All in WOODLAND HILLS, PHASE II, an addition to
the City of Little Rock, Arkansas, all located
in SE 1/4 SW 1/4, Section 33, T-2-N, R-13-W,
Pulaski County, Arkansas.
3. The plat is amended accordingly, by an amend-
ment entitled "Plat of Lots 51R-57R, Block 3 and Lots 16R-
19R, Block 2, Woodland Hills," bearing the certificate of
Edward G. Smith and the date of August 28, 1985, which is
filed contemporaneously herewith.
4. Article I, Section 2 of the Bill of Assurance
is amended by adding the following sentence: "Detached
Unit" shall refer to a conventional single-family structure,
which shall be constructed at least ten feet (10') from
the nearest Unit, whatever its type.
5. Article I, Section 3 of the Bill of Assurance
is amended by striking it in its entirety and replacing it
as follows:
(a) "Paired Lot" or "Paired Lots" shall mean and
refer to any two contiguous lots used for the purpose of
constructing Paired Units thereon, which shall share a
common wall, with said wall being situated on the lot line
running beneath said common wall and between such Paired
Units. The Owner of each Paired Lot shall own that portion
of the Paired Unit which is actually located upon his Paired
Lot. In the event of such construction, the lots so utilized
shall thereafter be deemed to be Paired Lots for the pur-
poses of the plat and this Bill of Assurance.
(b) Lots 52R through 57R, Block 3, may be used
for Paired Units or Detached Units, but may not be used for
Zero -Lot -Line Units. All other Lots may be used for any
type Unit.
6. Article III, Section 2, subsection (f) is
amended to read as follows:
(f) No front entry garages or carports shall be
constructed, used or maintained on lots other than Lots 37
through 48, Block 3, as to which they are optional.
7. All other terms and conditions of the Bill of
Assurance shall remain the same.
DONE this &tt day of August, 1985.
ZrITTLE RUCK WOODLAND HILLS LIMITED PARTNERSHIP
SION
By /6 n
STATE OF ARKANSAS)
)ss. ACKNOWLEDGMENT
COUNTY OF PULASKI)
This day before me, a Notary Public, of the State
and County aforesaid, personally appearec],LR,i,4t[�7,w
with whom I am personally acquainted and who upon_ oath v
acknowledged that he, being authorized so to do executed the
foregoing instrument for the purposes therein contained.
WITNESS my hand and official seal on this 3c bL day
of August, 1985.
My commission expires:
( S E A L )
Notary Public
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