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PULASKI COUNTY
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HICKORY GROVE SUBDIVISION
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KniOW ALA MEN BY THESE PRESENTS:
WHEREAS, Ev-Mark Development, LLC, and Arkansas limited liability
company, hereinafter called "Declarant" is the owner of the following described lands
lying in the County of Pulaski, State of Arkansas, to -wit:
WHEREAS, it is deemed desirable that the Property be subdivided into building
lots and Common Areas (as hereinafter defined) as shown on the attached plat, and the
Property be held, owned and conveyed subject to the covenants herein contained.
NOW, THEREFORE, Declarant, for and in consideration of the benefits to
accrue to it, which benefits it acknowledge to be of value, has caused to be made a plat,
hereto attached, showing survey made dune 29`h, 2006, signed by B. Michael Watson of
Crafton Tull, & Associates, Inc., and bearing a certificate of approval executed by the
Little Rock Planning Commission, and showing the bounds and dimensions of the
property now being subdivided for drainage and utilities for which Declarant hereby
donates and generality of the foregoing, electric power, gas, telephone, cable television,
water and sewer, with the right hereby granted to the persons, firms or corporations
engaged in the supplying of such utility services, and to the extent set forth herein only,
to the owners of abutting Lots, to sue and occupy such easements and to have free ingress
and egress therefrom for the installation, maintenance, repair and replacement of such
utility services. Said utility easements shall also be subject to use by the owners of
abutting Lots for the purpose of installing and maintaining such underground electric and
telephone service conductors as may by necessary to connect the service lines of owners
to the service pedestals installing and maintaining such underground electric and
telephone service conductors as may be necessary to connect the service lines of owners
to the service pedestals installed by said utilities and for other purposes.
The filing of this Plat and Bill of Assurance for record in the office of the Circuit
Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, will be a valid and complete
delivery and dedication of the easements subject to the limitations herein set out.
The lands embraced in said Plat shall be forever known as "Hickory Grove
Subdivision, and Addition to the City of Little Rock, Arkansas," and any and every deed
of conveyance for any Lot in said Addition describing the same by the number or
numbers shown on said Plat shall always be deemed a sufficient description thereof.
Declarant will develop and convey all of the Property, pursuant to a general plan
for all of the Property and subject to certain protective covenants, conditions, restrictions,
reservations, easements, equitable servitudes, liens and charges, all running with the
Property as hereinafter set forth.
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Declarant hereby declares that all of the Property shall be held, sold, conveyed,
encumbered, hypothecated, leased, used, occupied and improved subject to the covenants,
conditions, restrictions, reservations, easements, equitable servitudes, liens and charges created
and described hereinbelow ("Provisions"); all of which are for the purpose of uniformly
enhancing and protecting the value, attractiveness and desirability of the Property, in furtherance
of a general plan for the protection, maintenance, subdivision, improvement and sale of the
Property, or any portion thereof. The covenants, conditions, restrictions, reservations,
easements, equitable servitudes, liens and charges set forth herein shall run with the Property and
shall be binding upon all persons having any right, title or interest in the Property, or any part
thereof, their heirs, successors and assigns; shall inure to the benefit of every portion of the
Property and any interest therein; and shall inure to the benefit of and be binding upon Declarant,
its successor -in -interest and each Owner and his or her respective successors -in -interest, and may
be enforced by any Owner and his or her successors -in -interest, and by the Association (as
hereinafter defined).
Notwithstanding the foregoing, no provision of this Bill of Assurance shall be construed
as to prevent or limit Declarant's rights to complete development of the Property and
construction of improvements thereon, nor Declarant's right to maintain model homes,
construction, sales or leasing officers or similar facilities on any property in the Property owned
by Declarant or the Association, nor Declarant's right to post signs incidental to construction,
sales or leasing.
Declarant has deemed it desirable, for the efficient preservation of the values and
amenities in the Property described above and in the additional properties which may be annexed
thereto pursuant to the provisions of this instrument, to create a corporation under the Arkansas
Nonprofit Corporation Act of the State of Arkansas to which will be delegated and assigned the
powers of owning, maintaining and administering the Common Areas and administering and
enforcing the covenants and restrictions, and collecting and disbursing the Assessments and
charges hereinafter created.
Declarant will or has caused such corporation, the Members of which shall be the
respective Owners of Lots in the Property, and Owners of the Lots in real property annexed
pursuant to this Bill of Assurance, to be formed for the purpose of exercising the functions
aforesaid.
Said land herein platted and any interest therein shall be held, owned and conveyed
subject to and in conformity with the following Provisions which, subject to being amended or
cancelled as hereinafter provided, shall be and remain in full force and effect until December 31,
2035 and shall be automatically extended for successive periods of ten (10) years unless
amended or terminated as hereinafter provided, to -wit:
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ARTICLE I
DEFINITIONS
Unless otherwise expressly provided, the following words and phrases when used herein
shall have the meanings hereinafter specified:
Section 1. "Architectural Control Committee" shall mean the committee comprised
of the four (4) persons appointed by Declarant or the Board and shall exercise the approval
authority conferred pursuant to Article IX hereof.
Section 2. "Articles" shall mean the Articles of Incorporation of the Association
which have been filed in the office of the Secretary of State of the State of Arkansas.
Section 3. "Assessment" shall mean collectively the Common Assessments, Capital
Improvement Assessments, Special Assessments and Reconstruction Assessments and any
Assessments to be established and collected as provided in this Bill of Assurance or the By -
Laws.
Section 4. "Association" shall mean the Hickory Grove Property Owner's
Association, Inc., a corporation formed under the Arkansas Nonprofit Corporation Act of the
State of Arkansas, its successors and assigns.
Section 5. "Board"or "Board of Directors" shall mean the Board of Directors of the
Association, elected in accordance with the By -Laws of the Association.
Section 6. `By: Laws 'shall mean the By -Laws of the Association, which have been
or shall be adopted by the Board as such By -Laws may be amended from time to time.
Section 7. "Capital Improvement Assessment" shall mean a charge against each
Owner and his Lot, representing a portion of the costs to the Association for installation or
construction of any Improvements on any portion of the Common Area which the Association
may from time to time authorize.
Section 8. "Common Areas" shall mean all the real property and improvements,
including without limitation, landscaped areas, private roadways, walkways, access gates and
fences which are owned by the Association for the common use and enjoyment of all of the
Owners.
Section 9. "Common Assessment" shall mean the charge against each Owner and his
or her Lot, representing a portion of the total costs to the Association of maintaining, improving,
repairing, replacing, managing and operating the Property, which are to be paid uniformly and
equally by each Owner to the Association, as provided herein.
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Section 10. "Common Expenses" shall mean the actual and estimated costs of:
maintenance, management, operation, repair and replacement of the Common Areas (including
unpaid Common Assessments, Special Assessments, Reconstruction Assessments and Capital
Improvement Assessments), including those costs not paid by the Owner responsible for the
payment; the costs of constructing, maintaining and repairing the private drives (exclusive of the
driveways located on each Lot) within the Property; the costs of any and all commonly metered
utilities, and other commonly metered charges for the Property; costs of management and
administration of the Association including, but not limited to, compensation paid by the
gardening and other services benefiting the Common Areas, and all recreational facilities thereon;
the cost of fire, casualty and liability insurance, workmen's compensation insurance, and other
insurance, if any, covering the Common Areas; the costs of bonding of the members of the
management body; taxes paid by the Association; amounts paid by the Association for discharge
of any lien or encumbrance levied against the Common Areas, or portions thereof; and the costs
of any other item or items designated by, or in accordance with other expenses incurred by, the
Association for any reason whatsoever in connection with the Property, for the benefit of all of
the Owners.
Section 11. "Declarant" shall mean and refer to Ev-Mark Development, LLC, an
Arkansas limited liability company, its successors and assigns, so long as Ev-Mark Development,
LLC assigns such rights of Declarant hereunder to any such person by an express writtem
assignment.
Section 12. "Dwelling Unit" shall mean and refer to a building located on a Lot designed
and intended for use and occupancy as a residence by a single family.
Section 13. "Lot" shall mean and refer to any residential lot of parcel of land shown upon
the recorded subdivision map of Hickory Grove, with the exception of the Common Areas.
Section 14. "Member" shall mean any person or entity holding a membership in the
Association as provided herein.
Section 15. "Owner" shall mean and refer to the person or persons or other legal entity or
entities, including Declarant, holding fee simple interest of record to any Lot which is a part of
the Property, including sellers under executory contracts of sale, but excluding those having such
interest merely as security for the performance of an obligation.
Section 16. "Person" shall mean a natural individual or any other entity with the legal
right to hold title to real property.
Section 17. " Plat" shall mean the plat of Hickory Grove, Phase II prepared by Crafton
Tull, & Associates, Inc., dated June 29`t' , 2006, as described hereinabove.
Section 18. "Pro e " shall mean and refer to all of the real property described above
which is subject to the Provision of this Bill of Assurance and to the jurisdiction of the
Association as provided herein.
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Section 19. "Reconstruction Assessment" shall mean a charge against each Owner and
his or her Lot, representing a portion of the costs to the Association for reconstruction of any
portion or portions of the Improvements on the Common Area pursuant to the provisions of this
Bill of Assurance.
Section 20. "Record Recorded Filed and Recordation" shall mean, with respect to
any document, the recordation of such document in the office of the Circuit Court and Ex-Officio
Recorder of the County of Pulaski, State of Arkansas.
Section 21. "S cial Assessments" shall mean a charge against a particular Owner and
his Lot, directly attributable to the Owner, equal to the cost incurred by the Association for
corrective action performed pursuant to the provisions of this Bill of Assurance, plus interest
thereon as provided for herein.
ARTICLE II
OWNER'S PROPERTY RIGHTS
Section 1. Owner's Easement ofEnjoyment. Every Owner shall have a right and
easement of ingress and egress and of enjoyment in, to and over the Common Areas which shall
be appurtenant to and shall pass with title to every Lot, subject to the following:
(a) The Articles of Incorporation and the By -Laws of the Association;
(b) The right of the Association to establish uniform rules and regulations
pertaining to the use of the Common Area and all recreational facilities thereof,
including, but not limited to, the right and obligation of the Association to enforce
all parking restrictions within the Common Areas as set forth herein;
(c) The right of the Association in accordance with the vote or written assent
of two-thirds (2/3rds) of the Owners to borrow money for the purpose of
improving the Common Areas and facilities and in aid thereof, to mortgage,
pledge, deed in trust, or hypothecate any or all of its real or personal property as
security for money borrowed or debts incurred, provided that the rights of such
Mortgagee shall be subordinated to the rights of the Owners;
(d) The right of the Association to suspend the voting rights and right to use
the Common Area facilities by an Owner for any period during which any
Assessment against his or her Lot remains unpaid and delinquent; and for a period
not to exceed thirty (30) days for any single infraction of the published rules and
regulations of the Association, provided that any suspension of such voting rights
or right to use the Common Area facilities, shall be made only by the Board of
Directors of the Association, after notice and an opportunity for a hearing; and
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(e) The right of Declarant (and its sales agents, customers and representatives)
to the non-exclusive use of the Common Areas and the facilities thereof, without
charge, for sales, display, access, ingress, egress and exhibit purposes, which right
Declarant hereby reserves; provided, however, that such use shall not be for a
period of more than five (5) years after the date of recordation of this instrument.
Section 2. Delegation of Use. Any Owner may delegate his or her right of
enjoyment to the Common Areas and facilities to the members of his or her family, his or her
tenants, or contract purchasers who reside in his or her Dwelling Unit, subject to reasonable
regulation by the Board.
Section 3. Easements for Parkin. Temporary guest or recreational parking
shall be permitted within the Common Areas only within spaces and areas clearly marked for
this purpose. Spaces shall be shown by signs or markings on the paved area. The Association,
through its officers, committees and agents is hereby empowered to establish "parking" and "no
parking" areas within the Common Areas as well as to enforce these parking limitations by all
means lawful, including the removal of any violating vehicle by those so empowered.
Section 4. Easements for Vehicular Traffic. In addition to the general easements
for use of the Common Areas reserved herein, there shall be and Declarant hereby reserves and
covenants for itself and all future Owners within the Property that each and every Owner shall
have a non-exclusive easement appurtenant for vehicular traffic over all private roadways within
the Property, subject to the parking provisions set forth in Section 3 of this Article H. The
private roadways shown on the Plat shall be for the use and benefit of the Lot Owners and the
owners of the Property.
Section 5. Waiver of Use. No Owner may exempt himself from personal
liability for Assessments duly levied by the Association, nor release the Lot from the liens and
charges hereof, by waiver of the use and enjoyment of the Common Areas and the facilities
thereon or by abandonment of his Lot.
Section d. Title to the Common Area. Declarant hereby covenants for itself, its
successors and assigns that it will convey fee simple title to the Common Areas, as shown on the
Plat, to the Association. Said conveyance shall be made prior to the conveyance of the first Lot
to a purchaser from Declarant. Declarant shall similarly convey the Common Areas of any
property later added thereto.
ARTICLE III
MEMBERSE" IN ASSOCIATION
Section 1. Membership. Every Owner of a Lot shall be a Member of the
Association, and no Owner shall have more than one membership in the Association.
Memberships in the Association shall not be assignable, except to the successors -in -interest of
the Owner, and every membership in the Association shall be appurtenant to and may not be
separated from the fee ownership of such Lot. Ownership of such Lot shall be the sole
qualification for membership in the Association.
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Section 2. Transfer. The Association membership held by any Owner of a Lot
shall not be transferred, pledged or alienated in any way, except upon the sale or encumbrance of
such Lot, and then only to the purchaser or Mortgagee of such Lot_ Any attempt to mare a
prohibited transfer is void, and will not be reflected upon the books and records of the
Association. A Class A Member who has sold his Lot to a contract purchaser under an
agreement to purchase shall be entitled to delegate to such purchaser his membership rights in
the Association. Such delegation shall be in writing and shall be delivered to the Board before
such contract purchaser may vote. However, the contract seller shall remain liable for all
charges and Assessments attributable to his Lot until fee title to the Lot sold is transferred. In the
event the Owner of any Lot should fail or refuse to transfer the membership registered in his
name to the purchaser of such Lot upon transfer of fee title thereto, the Board of Directors shall
have the right to record the transfer upon the books of the Association. The Board of Directors
shall have the right to charge a reasonable Special Assessment against any Owner, and his or her
Lot, equal to the cost to the Association of effectuating any such transfer of his membership
upon the books of the Association.
ARTICLE IV
VOTING RIGHTS
Section 1. CIasses of Voting M_ embership. The Association shall have two (2)
classes of voting membership as follows:
Class A. Class A Members shall originally be all Owners with the exception
of Declarant for so long as there exists a Class B membership. Class A Members
shall be entitled to one (1) vote for each Lot owned. Declarant shall become a
Class A Member with regard to Lots owned by Declarant upon conversion of
Declarant's Class B Membership as provided below. When more than one person
holds an interest in any Lot, all such persons shall be Members. The vote for such
Lot shall be exercised in accordance with Article IV, Section 2 of this Bill of
Assurance, and in no event shall more than one (1) vote be cast with respect to
any Lot.
Class B. The Class B Member shall be Declarant and it shall be entitled to
three (3) votes for each Lot owned by Declarant. The Class B membership shall
cease and be converted to Class A membership on the happening of any of the
following events, whichever occurs earliest:
(a) When the total votes outstanding in the Class A membership equals the
total votes outstanding in the Class B membership; or
(b) Ten (10) years from the date of recordation of this Bill of
Assurance.
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Section 2. Vote Distribution. Except as provided in Article IV, Section 1 above,
members shall be entitled to one (1) vote for each Lot in which they hold the interest required for
membership. When more than one person holds such interest or interest "in any Lot, ("co-
owner"), all such co -owners shall be Members and may attend any meetings of the Association,
but only one such co-owner shall be entitled to exercise the vote to which the Lot is entitled.
Such co -owners may from time to time all designate in writing one of their number to vote.
Fractional votes shall not be allowed, and the Class A vote for each Lot shall be exercised, if at
all, as a unit. Where no voting co-owner is designated or if such designation has been revoked,
the vote for such Lot shall be exercised as the majority of the co -owners of the Lot mutually
agree. Unless the Board receives a written objection from a co-owner, it shall be presumed that
the corresponding voting co-owner is acting with the consent of his or her co -owners. No vote
shall be cast for any Lot where the majority of the co -owners present in person or by proxy and
representing such co -owners cannot agree to said vote or other action. The non -voting co-owner
or co -owners shall be jointly and severally responsible for all of the obligations imposed upon
the jointly owned Lot and shall be entitled to all other benefits of ownership. All agreements and
determinations lawfully made by the Association in accordance with the voting percentages
established herein, or in the By -Laws of the Association, shall be deemed to be binding on all
Owners, their successors and assigns. Said voting rights shall be subject to the restrictions and
limitations provided in this Bill of Assurance and in the Articles of Incorporation and By -Laws
of the Association.
DUTIES AND POWERS OF ASSOCIATION
The Association, acting through the Board of Directors, shall also have the power and
duty to:
(a) Maintain, repair and otherwise manage the Common Areas and all facilities,
Improvements and landscaping thereon;
(b) Maintain all private drives (exclusive of the driveways located on each Lot)
within Hickory Grove including cleaning and periodic resurfacing;
(c) Maintain such policy or policies of liability and fire insurance with respect to the
Common Area and personal property, if any, owned by the Association as provided
herein in furthering the purposes of and protecting the interests of the Association and
Members and as directed by this Bill of Assurance and the By -Laws of the
Association;
(d) Employ or contract with a professional manager to perform all or any part of the
duties and responsibilities of the Association, and shall have the power to delegate its
powers to committees, officers and employees. Any such agreement shall be for a
term not in excess of one (1) year subject to cancellation by the Association for cause
at any time upon not less than thirty (30) days' written notice, and renewable by
agreement of the parties for successive one (1) year periods; and
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(e) Grant easements, rights of way, or strips of land where necessary, for utilities and
sewer facilities over the Common Areas to serve the Common Areas and the Lots.
ARTICLE VI
ASSESSMENTS
Section 1. Creation of the Lien and Personal Obli abon for Assessments.
Declarant, for each Lot owned by it within the Properties, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the Association: (1) Common Assessments
for common Expenses; (2) Capital Improvement Assessments; (3) Special Assessments; and (4)
Reconstruction Assessments; such Assessments to be established and collected as hereinafter
provided. Such Assessments, together with interest, costs and reasonable attorneys' fees for the
collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot
against which such Assessment is made. Each such Assessment, together with interest, costs and
reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner
of such property at the time when the Assessment fell due, subject to provisions of this Bill of
Assurance protecting first Mortgages, the personal obligation for delinquent Assessments shall
pass to the successors -in -title of such Owner.
Section 2. PpMgse of Common Assessments. The Assessments levied by the
Association shall be used exclusively to promote the common health, safety, benefit, recreation
and welfare of the Owners and for the improvement and maintenance of the Common Areas and
of the Dwelling Units situated upon the Lots in the Properties as provided herein.
Section 3. Damage to Common Area by Owners. Maintenance, repairs or
replacements within the Common Areas arising out of or caused by the willful or negligent act of
the Owner, his or her family, guests or invitees shall be done at said Owner's expense or a
Special Assessment therefor shall be made against his or her Lot, provided, however, that the
liability of an individual Owner for such damage to the Common Areas shall not be absolute, but
shall only be that for which the Owner is legally responsible under State law.
Section 4. Basis of Maximum Common Assessment. Until January 1 of the year
immediately following the conveyance of the first improved Lot in the Property to an Owner, the
maximum Common Assessment under this Article VI shall be Two Hundred and No/100 Dollars
($200.00) per Lot per year.
(a) From and after January 1 of the year immediately following the
conveyance of the first improved Lot to an Owner, the maximum annual Common
Assessment may be increased by the Board effective January 1 of each year not
more than fifteen percent (15%) without a vote of the membership.
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(b) From and after January 1 of the year immediately following the
conveyance of the first improved Lot to an Owner, the maximum annual Common
Assessment shall not be increased more than fifteen percent (15%) unless by the
vote or written assent of sixty-six and two-thirds percent (66 Z/3%) of each class of
Members.
(c) The Board of Directors may fix an annual Common Assessment at an
amount not in excess of the maximum.
Section 5. Ca ital Im rovements and Reconstruction Assessments. In addition to
the Common Assessments authorized above, the Board of Directors of the Association may levy,
on any Assessment year, a Capital Improvement Assessment or Reconstruction Assessment
applicable to that year only for the purpose of defraying, in whole or in part, the cost of and
construction, reconstruction, repair or replacement of a Capital Improvement or other such
addition upon the Common Area, including fixtures and personal property related thereto,
provided that any such aggregate Assessment in excess of Five Thousand Dollars ($5,000.00)
shall have the vote or written assent of a majority of the votes of Members who are subject to
such Assessments, excluding therefrom the votes of Declarant if needed to approve such
Assessment but counting the votes of Declarant if cast against the imposition of such
Assessment.
Section 6. Uniform Rate of Assessment. Common Assessments, Capital
Improvement Assessments and Reconstruction Assessments provided for in this Article VI must
be fixed at a uniform rate for all Lots within the Properties; provided, however, that the
Association may, subject to the provisions of Section 3 of this Article, levy Special Assessments
against selected Owners who have caused the Association to incur special expenses due to
willful or negligent acts of said Owners, their guests or agents. All Common Assessments shall
be collected on a regular basis by the Board of Directors, at such frequency as the Board shall
determine.
Section 7. Exempt Properly. The following property subject to this Bill of
Assurance shall be exempt from the Assessments herein:
(a) All Property dedicated to and accepted by a local public authority if any
part of the Property is subsequently so dedicated;
(b) The Common Areas; and
(c) All Lots owned by Declarant until forty five (45) Lots are sold by
Declarant at which time Declarant shall pay fifty percent (50%) of the
Assessments on Lots owned by Declarant.
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ARTICLE VII
EFFECT OF NON-PAYMENT OF ASSESSMENTS;
REMEDIES OF THE ASSOCIATION
Section 1. Effect of Non -Payment of Assessments: Remedies of the Association.
Any installment of Common Assessment, Capital Improvement Assessment, Special Assessment
or Reconstruction Assessment not paid within thirty (30) days after the due date shall bear
interest from the due date of such installment at the rate of eight percent (8%) per annum or the
highest amount of interest allowed by law, whichever is greater. If any installment of an
Assessment is not paid within thirty (30) days after it is due, the Owner responsible therefor may
be required further by the Board of Directors to pay a late charge of Five Dollars ($5.00) or five
percent (5%) of the amount of the delinquent installment, whichever is greater. The Association
may bring an action at law against the Owner personally obligated to pay the same, or foreclose
the lien against the Lot. No Owner may waive or otherwise escape liability for the Assessments
provided for herein by non-use of the Common Area or abandonment of his or her Lot. If any
installment of a Common Assessment is not paid within thirty (30) days after its due date, the
Board may mail an acceleration notice to the Owner and to each first Mortgagee of a Lot which
has requested a copy of the notice. The notice shall specify: (1) the fact that the installment is
delinquent; (2) the action required to cure the default; (3) a date, not less than thirty (30) days
from the date the notice is mailed to the Owner, by which such default must be cured; and (4)
that failure to cure the default on or before the date specified in the notice may result in
acceleration of the balance of the installments of the Common Assessment for the then current
fiscal year and sale of the Lot. The notice shall further inform the Owner of his or her right to
cure after acceleration and to bring a court action to assert the non-existence of a default or any
other defense of the Owner to acceleration and sale. If the delinquent installments of Common
Assessment and any charges thereon are not paid in full on or before the date specified in the
notice, the Board at its option may declare all of the unpaid balance of the annual Common
Assessment to be immediately due and payable without further demand and may enforce the
collection of the full Common Assessment and all charges thereon in any manner authorized by
law and this Bill of Assurance.
Section 2. Notice of Assessment. No action shall be brought to enforce any
Assessment lien herein, unless at least thirty (30) days has expired following the date a Notice of
Lien is deposited in the United State mail, certified or registered, postage prepaid, to the Owner
of the Lot, and a copy thereof has been recorded by the Association in the office of the Recorder
for the County in which the Property is located; said Notice of Assessment must recite a good
and sufficient legal description of any such Lot, the record Owner or reputed Owner thereof, the
amount claimed (which may at the Association's option include interest on the unpaid
Assessment at eight percent (8%) per annum or the highest amount of interest allowed by law,
whichever is greater, plus reasonable attorneys' fees and expenses of collection in connection
with the debt secured by said liens, and the name and address of the claimant. Such Notice of
Lien shall be signed and acknowledged by an officer of the Association. The lien shall continue
until fully paid or otherwise satisfied.
Section 3. Foreclosure Sale. Any foreclosure action provided for above may be
conducted by the Board of Directors, its attorneys or other persons authorized by the Board in
the same manner as would be the foreclosure of a defaulted mortgage under the laws of
Arkansas, or in any other manner permitted by law. The Association, through duly authorized
agents, shall have the power to bid on the Lot at foreclosure sale, and to credit the amount of
Assessments due plus interest and costs and expenses against its bid and shall have the power to
acquired and hold, lease, mortgage and convey the same.
Section 4. Curing of Default. Upon the timely curing of any default for which
Notice of Lien was filed by the Association, the officers thereof shall record an appropriate
Release of Lien, upon payment by the defaulting Owner of a fee, to be determined by the
Association, and recording such release. A certificate executed and acknowledged by any two
(2) members of the Board stating the indebtedness secured by the liens upon any Lot created
hereunder shall be conclusive upon the Association and the Owners as to the amount of such
indebtedness as of the date of the certificate, in favor of all persons who rely thereon in good
faith Such certificate shall be furnished to any Owner upon request at a reasonable fee, not to
exceed Ten Dollars ($10.00).
Section S. Cumulative Remedies. The Assessment liens and the rights to
foreclosure and sale thereunder shall be in addition to and not in substitution for all other rights
and remedies which the Association and its assigns may have hereunder and by law, including a
suit to recover a money judgment for unpaid Assessments, as above provided.
Section b. Subordination of the Lien to Mortgages. The lien of the Assessments
provided for herein shall be subordinate to the lien of any Mortgage made in good faith and for
value and recorded prior to the date on which the Assessment came due. Sale or transfer of any
Lot pursuant to mortgage foreclosure or deed in lieu thereof shall extinguish the lien of such
Assessments as to installments which became due prior to such sale or transfer. However, no
sale or transfer shall relieve such Lot from liability for any installments of Assessments
thereafter becoming due or from the lien thereof.
ARTICLE VIII
LAND USE
Said land herein platted shall be held, owned and used only as single-family residential
building Lots except as otherwise shown on the Plat.. No Lot shall be subdivided without written
consent of the Declarant or the Association and the Little Rock Planning Commission first
obtained. No structures shall be erected, altered, placed or permitted to remain on any residential
building Lot other than single-family dwellings, with private garages for storage of passenger
vehicles owned or used by residents. No Lot shall be improved, used or occupied for other than
private residential purposes. Nothing in this Bill of Assurance shall restrict or prohibit Declarant
from using a Dwelling Unit or other temporary structure for the purpose of a demonstration unit
or a sales office for the sale of Lots and Dwelling Units in Hickory Grove.
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ARTICLE IX
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Designation of Committee. The Association shall have an Architectural
Control Committee, consisting of four (4) persons. As long as Declarant shall own one or more
of the Lots, the members of the Architectural Control Committee, and all vacancies, shall be
appointed by Declarant. In the event Declarant desires to relinquish its authority to appoint
members of the Architectural Control Committee, it shall notify the Board and all vacancies shall
thereafter be appointed by the Board.
Section 2. Function of Architectural Control Committee. No Improvement shall
be constructed or maintained upon any Lot or Common Area and no alteration or repainting to
the exterior of a structure shall be made and no landscaping to the exterior of a structure shall be
made and no landscaping performed unless complete plans, specifications, and Lot plans
showing the exterior design, height, building material and color scheme, the location of the
structure plotted horizontally and vertically, the location and size of driveways, the general plan
of landscaping, fencing walls and windbreaks, and the grading plan shall have been submitted to
and approved in writing by the Architectural Control Committee. A copy of the plans,
specifications, and lot plans as finally approved shall be deposited with the Architectural Control
Committee_ No trees shall be removed without prior written approval of the Architectural
Control Committee. The Architectural Control Committee shall have the power to employ
professional consultants to assist it in discharging its duties. The decisions of the Architectural
Control Committee shall be final, conclusive, and binding upon the applicant.
Section 3. Content of Plans and Specifications. The plans and specifications to be
submitted and approved shall include the following -
(a) A topographical plot showing existing contour grades and showing the location of
all improvements, structures, walks, driveways, fences and walls. Existing and finished grades
shall be shown at lot corners and at corners of proposed improvements. Lot drainage provisions
shall be indicated as well as cut and fill details if any applicable change in the lot contours is
contemplated.
(b) Exterior elevations.
(c) Exterior materials, colors, textures and shapes.
(d) Structural design-
(e) Landscaping plan, including mailboxes, walkways, fences and walls, elevation
changes, watering systems, vegetation and ground cover.
(f) Parking area and driveway plan.
(g) Screening, including site, location and method.
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(h) Utility connections.
(i) Exterior illumination, including location and method.
0) Fire protection system.
(k) Signs, including size, shape, color, location and materials.
Section 4. Definition of "Improvement". Improvement shall mean and include
all residences, buildings, and roofed structures, parking areas, fences, walls, hedges, mass
plantings, poles, driveways, swimming pools, signs, changes in any exterior color or shape,
glazing or reglazing of exterior windows with mirrored or reflective glass, and any other new
exterior construction or exterior improvement which materially alters the appearance of the
property and which may not be included in any of the foregoing. The definition does not include
garden shrub or tree replacements or any other replacement or repair of any magnitude which
does not materially change exterior colors or exterior appearances.
Section 5. The Basis of Approval. Approval of plans and specifications shall be
based on, among other things, adequacy of Lot dimensions, structural design, conformity and
harmony of external design and of location with neighboring structures and Lots, relation of
finished grades and elevations to neighboring Lots, and conformity to both the specific and
general intent of the protective covenants. The Architectural Control Committee shall establish
certain architectural guidelines, which shall be approved by the Board (the "Architectural
Guidelines"), and all plans and specifications must comply with Architectural Guidelines then in
force and effect. However, the Architectural Control Committee may approve exceptions to the
Architectural Guidelines by a unanimous vote. The- current Architectural Guidelines shall be
available at the office of the Association or the office of the Declarant.
Section 6. Majority Vote. A favorable vote of seventy five percent (75%) of
the Architectural Control Committee is required for approval or disapproval of proposed
Improvements.
Section 7. Failure of Committee to Act. If the Architectural Control Committee
fails to approve, disapprove, or reject as inadequate proposed plans and specifications within
forty five (45) clays after submittal, they shall be deemed approved. If plans and specifications
are not sufficiently complete or are otherwise inadequate, the Architectural Control Committee
may reject then entirely, partially or conditionally approve.
Section S. Limitation ofLiabili Neither the Declarant, the Association, the
Architectural Control Committee nor any of its members shall be liable, in damages or
otherwise, to anyone submitting plans and specifications for approval or to any owner of land
affected by this Bill of Assurance by reason of mistake of judgment, negligence or nonfeasance
arising out of or in connection with the approval or disapproval or failure to approve or
disapprove any plans and specifications.
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Section 9. Reasonable Fee. The Architectural Control Committee may charge
any Owner a reasonable fee for its services in reviewing that Owner's proposed plans and
specifications.
ARTICLE X
MAINTENANCE
Section 1. Duty of Maintenance. Owners and occupants (including lessees) of any
part of the Property shall jointly and severally have the duty and responsibility to keep that part
of the Property so owned or occupied, including buildings, improvements and grounds in a well -
maintained, safe, clean and attractive condition at all times. Maintenance includes, but is not
limited to, the following:
(a) Prompt removal of all litter, trash, refuse, and waste.
(b) Lawn mowing.
(c) Tree and shrub pruning.
(d) Watering and maintaining the irrigation system on each Lot.
(e) Keeping exterior lighting and mechanical facilities in working order.
(f) Keeping lawn and garden areas alive, free of weeds, and attractive.
(g) Keeping parking areas, driveways, and roads in good repair.
(h) Complying with all governmental health and police requirements-
(i) Repainting of improvements.
(j) Repair of exterior damages to improvements.
Any maintenance hereinabove described or required of the Owners and occupants may be
provided by the Association and the Association shall have the authority to levy Assessments on
the Owners benefiting from such maintenance. Specifically, Lots 1 through 54 shall have routine
yard maintenance provided by the Association. A separate Common Assessment for routine
yard maintenance shall be levied against Lots 1 through 50 in an annual amount to be determined
by the Board.
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Section 2. Enforcement. If, in the opinion of the Association any Owner or
occupant has failed in any of the foregoing duties or responsibilities, then the Association may
provide written notice of that failure, giving the Owner or occupant ten (10) days from receipt to
perform the care and maintenance required Should any person fail to fulfill this duty and
responsibility within the ten-day period, then the Association through its authorized agent or
agents shall have the right and power to enter onto the premises and perform needed care and
maintenance without any liability for damages for wrongful entry, trespass or otherwise to any
person. The Owners and occupants (including lessees) of any part of the Property on which
work is performed shall jointly and severally be liable for the cost of the work and shall promptly
reimburse the Association for all costs. If the Association has not been reimbursed within thirty
(30) days after invoicing, the indebtedness shall be a debt of all of the Owners and occupants
jointly and severally, and shall constitute a lien against that portion of the Property on which
worts was performed. This lien shall have the same attributes as the lien for Assessments and
special Assessments set forth in Article VI, and the Association shall have identical powers and
rights in all respects, including but not limited to the right of foreclosure.
ARTICLE X11
COMMON SCHEME RESTRICTIONS
The following restrictions are imposed as a common scheme upon all Lots and Common
Areas for the benefit of all Lots and Common Areas and may be enforced by Declarant, any
Owner or the Association through any remedy available at law or in equity.
1. Licensed Contractor. All Dwelling Units or Improvements constructed on any
Lots or Common Areas must be constructed by licensed and bonded contractors properly
licensed with the Contractors Licensing Board of the State of Arkansas_ All contractors meeting
these requirements must further be approved by the Architectural Control Committee in its sole
and absolute discretion.
2. Construction. No building material of any kind or character shall be placed upon
any Lot except in connection with construction approved by the Architectural Control
Committee. Construction shall be commenced within one hundred eighty (180) days of
acquisition of title to any Lot and shall be completed within fourteen (14) months of
commencement of construction.
3. Height and T of Residence. All Dwelling Units shall be of similar size
and architectural style so as to create a neighborhood of architectural continuity. All
construction shall be approved by the Architectural Control Committee, in its sole and absolute
discretion, as further provided for in Article IX of this Bill of Assurance. No Dwelling Unit shall
be erected, altered, placed or permitted to remain on any Lot other than one detached single-
family residence not to exceed two stories in height. Provided however, any Dwelling Unit may
have a detached structure to be used as a garage or said garage structure may be attached to an
adjoining garage structure on an adjoining Lot.
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4. Setback Requirements. No Dwelling Unit shall be located on any Lot
nearer to the front or rear lot lines than the minimum setback lines shown on the Plat; provided,
such setback requirements may be modified if such modification is approved by the
Architectural Control Committee, the Little Rock Planning Commission or the Little Rock Board
of Adjustment, and such other regulatory agency as may succeed to their functions. No
Dwelling Unit shall be located nearer than five (5) feet to an interior lot side line except that any
garage structure may be erected to adjoin the garage structure or an adjacent Lot and share a
common wall between said adjoining garage. For the purposes of this covenant, eaves, steps and
porches not under roof shall not be considered as a part of the building.
5. Minimum Square Feet Area. No residence shall be constructed or permitted to
remain on any Lot unless the finished heated living area, exclusive of porches, patios, garages,
breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall equal to
exceed that shown in the following schedule:
Lot Number One Story Minimum Sq. Ft. Multi -Story Nlinimum Sq. Ft_
1-50 2,350 3,000
51-65 3,000 3,500
Finished heated living area shall be measured in a horizontal plane to the face of the outside wall
on each level.
6. Frontage of Residence on Streets. Any residence erected on any Lot shall front
or present a good frontage on the streets designated in the Plat, and for this purpose as applied to
all inside Lots, it shall mean that the Dwelling Unit shall front on the street designated, and on
any corner Lot it shall mean that the Dwelling Unit shall front or present a good frontage on both
of the streets designated in the Plat.
7. Commercial Structures. No building or structure of any type may ever be
placed, erected or used for business, professional, trade or commercial purposes on any portion
of any Lot. This prohibition shall not apply to any business or structure that may be placed on
any Lot or portion of a Lot that is used exclusively by a public utility company in connection
with the furnishing of public utility services to the Property.
8. Sight Line Restrictions. No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between two and six feet above the roadways, shall be placed
or permitted to remain on any corner Lot unless approved by the Architectural Control
Committee.
9. Private Roadways. All roadways within the Property are private access
easements for vehicular traffic only for the use of the owners of Lots. An easement is also
hereby granted to the public for access to the Lots in the case of an emergency created by fire,
public safety, or other occurrence necessitating access to a Lot by any public utility, fire
department, police department or other public agency.
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1 U. Fences. No fences, enclosure or part of any building of any type or nature
whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line
than the building setback line applicable and in effect as to each Lot, provided, that it is not the
intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape the
front yard. Chain link and wooden privacy fences are in all events strictly prohibited. Fencing
of any other type and its location must be approved by the Architectural Control Committee as
provided in Article IX hereof.
11. Property Lines and Boundaries. Iron pins have been set on all lot corners and
points of curve and all Lot dimensions shown on curves are chord distances, and all curve data as
shown on the Plat filed herewith is centerline curve data. In the event of minor discrepancies
between the dimensions or distances as shown on the Plat and actual dimensions and distances as
disclosed by the established pins, the pins as set shall control.
12. _Driveway Obstructions. No obstruction shall be placed in the street gutter.
Curbs shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet
the gutterline not more than two inches above the gutter grade.
13. Ground Frontage. No Lot shall be subdivided.
14. Easements. Access easements for installation and maintenance of utilities and
drainage of facilities and for pedestrian traffic are reserved in rights of way of drives and roads
or on the side or rear of each Lot as shown on the recorded plat.
15. Existing Structure. No existing, erected building or structure of any sort may
be moved onto or placed on any Lot.
16. Oil and Mineral Operations. No oil drilling, oil development operating, oil
refining, quarrying or reining 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 designated for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot.
17. Storage of Vehicles Machine and ui meat. No junk vehicle, commercial
vehicle, trailer, truck, camper, camp truck, house trailer, boat or other machinery or equipment
(except as may be reasonable and customary in connection with the use and maintenance of any
improvements located upon any Lot or the Property and except for such equipment and/or
machinery as the Association may require in connection with the maintenance and operation of
the Common Areas) shall be kept upon the Property, nor (except for bona fide emergencies) shall
the repair or extraordinary maintenance of automobiles or other vehicles be performed. No
vehicle shall remain parked and unmoved on any Lot for more then seven (7) consecutive days
These restrictions shall not apply to vehicles, trailers, boats, machinery, equipment or the like
stored and kept within an enclosed storage room or garage. The Association may, in the
discretion of its Board of Directors, provide and maintain a suitable area designated for the
parking of such vehicles.
is
18. Temporary Structures. No used or previously erected or temporary house,
structure, house trailer or non -permanent outbuilding shall ever be placed, erected or allowed to
remain on any Lot or Common Area No trailer, basement, tent, shack, garage, barn or other
outbuilding, erected on a building Lot covered by these covenants shall at any time be used for
human habitation, temporarily or permanently, nor shall any structure of a temporary character
be used for human habitation. Notwithstanding anything herein to the contrary, Declarant shall
be allowed to maintain a trailer or mobile home as a sales office until all lots in Hickory Grove
Subdivision are sold.
19. Land Use. No immoral, improper, offensive or unlawful use shall be made of any
Lot or any part thereof, and all valid laws, zoning, by-laws and regulations of all governmental
bodies having jurisdiction shall be observed.
20. Leases. No portion of a Lot (other than the entire Lot and Dwelling Unit) may be
rented.
21. Outbuildings Prohibited. No outbuildings or other detached structure
appurtenant to any Dwelling Unit may be erected on any of the Lots hereby restricted without the
consent in writing of the Architectural Control Committee.
22. Noxious Activity_ No noxious or offensive trade or activity shall be carried on
upon any Lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings,
ashes or other refuse be thrown, placed or dumped upon any vacant Lot, street, road or common
areas, nor on any Lot unless placed in a container suitable for garbage pickup; nor shall anything
ever be done which may be or become an annoyance or nuisance to the neighborhood.
23_ Cess 1. No leaching cesspool shall ever be constructed or used on any Lot.
24. Visibility from street and Common Areas. No clothes lines, drying yards, service
yards, wood piles or storage areas shall be so located as to be visible from a street, road, or
Common Area.
25. Exterior Li tines_ Any exterior lighting installed on any Lot shall either be
indirect or of such controlled focus and intensity as not to disturb the residents or the adjacent
property_
26. Animals and Pets. No animals or poultry shall be kept on any Lot or Common
Area except a reasonable number of ordinary household pets belonging to the household,
provided that they are indoor domestic pets and are not kept or maintained for any commercial
purpose. No dog pen or similar outdoor restricted area for dogs or any animals shall be
constructed or kept on any Lot.
27. Signs. No signs, plaques or communication of any description shall be placed on
the exterior of any Lot or Common Area by an Owner unless approved by the Architectural
Control Committee.
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28. Nuisances. No nuisances shall be allowed on any Lot nor shall any use or
practice be allowed which is a source of annoyance to its residents or which interferes with their
right of quiet enjoyment.
29_ Decks. No deck shall be constructed on any Lot or attached to any Dwelling Unit
unless expressly approved in writing by the Architectural Control Committee.
30. Right of Access for Inspection An Owner hereby grants a right of access to his
Lot to the Association, any managing agent of the Association, and/or any other person
authorized by the Association or the managing agent for the purpose of making inspections or for
the purpose of correcting any conditions originating in his Lot and threatening another Lot or any
Common Area., or for the purpose of performing installations, alterations, or repairs to the parts
of the Lot over which said persons have control and/or responsibility for maintenance. Requests
for such access must be made in advance and entry must be at a time reasonably convenient to
the Owner_ In case of an emergency, this right of entry shall be immediate whether the Owner is
present or not.
31. 5jpw. No signs of any kind shall be displayed to the public view on any building
Lot, except one sign of not more than five (5) square feet advertising the property for sale or rent.
32. Access. No obstruction shall be placed in the street gutter; curbs shall be
broken at driveways and driveway grades lowered to meet the gutter line not more than two
inches above the gutter grade.
33_ Satellite Dishes. No satellite dishes or other receptive devices for wireless
transmissions shall be ground mounted on any Lot, nor shall such devices be attached to the
facade of any Dwelling Unit, provided, however, one satellite dish per Dwelling Unit not to
exceed eighteen (18") inches in diameter may be attached to the roof or side of such Dwelling
Unit.
ARTTCLE XII
EASEMENTS; UTl€LTTiES
Section 1. Utilily, Drainage and Drive Easements. Easements of way for private
drives are shown on the Plat and the persons, firms or corporations engaged in supplying public
utility services, the same being, without limitation the generality of the foregoing, electric power,
gas, telephone, cable television, water and sewer, shall have the right to use and occupy said
easements for the installation, maintenance, repair and replacement of such utility services.
Easements for the installation, maintenance, repair and replacement of utility services, sewer and
drainage have heretofore been reserved, said easements being of various widths, reference being
hereby made to the Plat for a more specific description of width and location thereof. The
electric and telephone facilities are underground, and it is necessary for the electric and
telephone utilities to have special provisions to protect their facilities. Any alterations or
lowering of the surface grade of the ground in any easement and the area immediately adjoining
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such easement are prohibited which would result in there being less than 30 inches of clearance
either vertically or horizontally between the surface grade and the underground electric cables
and conductors supplying electric power and service. The electric distribution transformer
stations and service pedestals are located on surface grade. Any fills within the area of the said
easements and upon the lands adjacent thereto which will damage or which will interfere with
the installation, maintenance, operation and replacement of the electric and telephone cables
facilities and equipment, and the supplying of service from such equipment are also prohibited.
No trees, incinerators, structures, buildings or similar improvements shall be grown, built or
maintained within the area of such utility easements. No excavations within the area of such
easements for the erection of any fences (wood, wire, stone or brick) or for any of the purposes
shall be made which would interfere with the installation, maintenance, repair and replacement
of any utility service. In the event any trees, incinerators, structures, buildings, fences, pavement
or similar improvements shall be grown, built or maintained within the area of such easement, no
utility will be liable for the destruction of same in the installation, maintenance, repair or
replacement of any utility service located within the area of such easement.
Section 2. General Easements. Reciprocal easements are hereby reserved for the
benefit of adjoining Lot Owners for the control, maintenance and repair of the utilities of
adjoining Lot Owners. Declarant expressly reserves for the benefit of all of the real property in
the Property, and the Owners, reciprocal easements of access, ingress and egress over all Lots,
and over the Common Area, for the use and enjoyment of the Lots in accordance with this
instrument, including without limitation, for installation and repair of utility services, for
drainage over, across and upon adjacent Lots for water resulting from the normal use of
adjoining Lots, for maintenance and repair of any Dwelling Unit. Such easements may be used
by Declarant, its successors, purchasers and all Owners, their guests, tenants and invitees,
residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and
such other purposes reasonably necessary for the use and enjoyment of a Lot and the Common
Area. No Owner of a Lot shall interfere with the established drainage pattern over his or her Lot
from adjoining or other Lots. Each Owner of a Lot shall make adequate provision for drainage
in the event he or she changes the established drainage over his or her Lot. For purposes of this
instrument, "Established Drainage" on any Lot is defined as the drainage pattern and facilities in
existence at the time that such Lot is conveyed to a purchaser from Declarant. In the event that
any Dwelling Unit encroaches upon the Common Area and facilities, as a result of construction,
reconstruction, repair, shifting, settlement or movement of any portion of the Property, a valid
easement for encroachment and for the maintenance of the same shall exist so long as the
encroachment exists. Declarant and the Lot Owners of each Lot on which there is constructed a
Dwelling Unit along or adjacent to said Lot line shall have an easement appurtenant to said Lot
over the Lot line to and over the adjacent Lot, for the purposes of accommodating any natural
movement or settling of any Dwelling Unit located on said Lot, any encroachment of any
Dwelling Unit due to minor engineering or construction variances, and any encroachment of
eaves, roof overhangs and architectural features as parts of the original construction of any
Dwelling Unit located on said Lot.
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Section 3. Utilities_ All Owners of Lots shall install and maintain in conformity
with applicable code requirements and other regulations, underground service laterals and/or
electric service entrance conductors of adequate capacity in a conduit having a minimum inside
diameter of two inches and underground telephone service conduits and cables between the point
of delivery of such utility service as located by the utility company and the point of use of such
owner. Only single phase electrical utilization equipment shall be installed or maintained on any
residential Lot. All owners of Lots shall dig and backfill, in conformity with applicable code
requirements and other regulations, a ditch approximately four inches wide and eighteen inches
deep from the point of service to the point of use of the installation of telephone service.
ARTICLE XIII
MORTGAGE PROTECTION CLAUSE
Notwithstanding any and all provisions hereof to the contrary, in order to induce the
Federal Home Loan Mortgage Corporation ("FHLMC"), the Government National Mortgage
Association (" GNI AW ), the Federal National Mortgage Association ("FNMA"), the Federal
Housing Administration ("FHA") and the Veteran's Administration ("VA") to participate in the
financing of the sale of Lots within the Property, by purchasing, insuring or guaranteeing
Mortgages encumbering Dwelling units and Lots the following provisions are added hereto (and
the extent these added provisions conflict with any other provisions of this Bill of Assurance,
these added provisions shall control):
(a) each first Mortgagee of a Mortgage encumbering any Lot, at his or her written
request, is entitled to written notification from the Association of any default by the
Mortgagor of such Lot in the performance of such Mortgagor's obligations under this Bill
of Assurance, the Articles of Incorporation of the Association or the By -Laws of the
Association, which default is not cured within thirty (30) days after the Association learns
of such default;
(b) each Owner, including every first Mortgagee of a Mortgage encumbering any Lot
which obtains title to such Lot pursuant to the remedies provided in such Mortgage, or by
foreclosure of such Mortgage, or by deed (or assignment) in lieu of foreclosure, shall be
exempt from any "right of first refusal";
(c) each first Mortgagee of a Mortgage encumbering any Lot which obtains title to
such Lot pursuant to the remedies provided in such Mortgage or by foreclosure of such
Mortgage, shall take title to such Lot free and clear of any claims of unpaid Assessments
or charges against such Lot which accrued prior to the acquisition of title to such Lot by
the Mortgagee;
(d) unless at least seventy-five percent (75%) of first Mortgagees (based upon the
value for each Mortgage owned), or Owners (other than Declarant) have given their prior
written approval, neither the Association nor the Owners shall:
0%
(1) by act or omission seek to abandon, participation, alienate, subdivide,
release, hypothecate, encumber, sell or transfer the Common Area and the
Improvements thereto which are owned by the Association;
[The granting of easements for public utilities and for other public purposes
consistent with the intended use of such property by the Association or the
transfer of the Common Area or Improvements to an unincorporated association
of the Owners in accordance with the Articles of Incorporation of the Association
shall not be deemed a transfer within the meaning of this clause.]
(2) change the method of determining the obligations, Assessments, dues or
other charges which may be levied against a Lot Owner;
(3) by act or omission change, waiver or abandon any scheme of regulations,
or enforcement thereof, pertaining to the architectural design of the exterior
appearance of the Dwelling Units, the exterior maintenance of party walls or
common fences and driveways, or the upkeep of lawns and plantings in the
Property; '
(4) use hazard insurance proceeds for losses to any Common Area property
for other than the repair, replacement or reconstruction of such Improvements; or
(5) amend this Declaration or the Articles of Incorporation or By -Laws of the
Association in such a manner that the rights of any first Mortgagee will be
adversely affected.
(e) first Mortgagees shall have the right to examine the books and records of the
Association during normal business hours;
(f) all first Mortgagees shall be given: (1) thirty (30) days written notice prior to the
effective date of any proposed, material amendment to this Bill of Assurance or the
Articles of Incorporation or By -Laws of the Association and prior to the effective date of
any termination of an agreement for professional management of the Property following a
decision of the Owners to assume self -management of the Property; and (2) immediate
notice following any damage to the Common Area whenever the cost of reconstruction
exceeds Ten Thousand Dollars ($10,000.00), and as soon as the Board learns of any
threatened condemnation proceedings or proposed acquisition of any portion of the
Property; and
(g) first Mortgagees may, jointly or singly pay taxes or other charges which are in
default and which may or have become a charge against any Common Area facilities and
may pay any overdue premiums on hazard insurance policies, or secure new hazard
insurance coverage on the lapse of a policy, for such property, first Mortgagees making
such payments shall be owed immediate reimbursement therefor from the Association.
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In addition to the foregoing, the Board of Directors may enter into such contracts or
agreements on behalf of the Association as are required in order to satisfy the guidelines of the
VA, the FHA, the FHLMC, and FNMA or the GNMA or any similar entity, so as to allow for the
purchase, insurance or guaranty, as the case may be, by such entities of first Mortgages
encumbering Lots with Dwelling Units thereon. Each Owner hereby agrees that it will benefit
the Association and the membership of the Association, as a class of potential Mortgage
borrowers and potential sellers of their Dwelling Units if such agencies approve the Property as a
qualifying subdivision under their respective policies, rules and regulations, as adopted from
time to time.
ARTICLE XIV
GENERAL PRDVLSIUNS
Section 1. Enforcement. In the event of any violation or attempt to violate any of the
covenants or restrictions herein before the expiration date hereof (whether the original expiration
date or the expiration date of any extension thereof), it shall be lawful for any Owner of a Lot, or
the Mortgagee of an Owner, or any utility company owning utility facilities in any utility
easement, to prosecute any proceedings at law or in equity against a person or persons violating
or attempting to violate such covenants or restrictions, either to prevent him or them from so
doing or to recover damages for such violations.
The remedy at law, in such event, is hereby agreed to be inadequate and a suit in equity
for an injunction to prevent breach or violation of the Provisions is agreed to a proper remedy.
Declarant, for itself and all future Owners, declared that it is not its intent to confer any right of
action upon owners of adjacent or nearby properties for breach of the Provisions, same being for
the benefit only of Owners and their Mortgagees.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
Section 3. Interpretation. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the development of a residential
community and for the maintenance of the Common Areas. The article and section headings
have been inserted for convenience only, and shall not be considered or referred to in resolving
questions of interpretation or construction. Unless the context requires a contrary construction,
the singular shall include the plural and the plural the singular, and the masculine, feminine and
neuter shall each include the masculine, feminine and neuter.
Section 4. No Public Rigbt or Dedication. Nothing contained in this
Declaration shall be deemed to be a gift or dedication of all or any part of the Property to the
public, or for any public use. Without limiting the generality of the foregoing, the drives and
streets in the Property are private and not public.
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Section 5. No Representations or Warranties_ No representations or warranties of
any kind, express or implied, have been given or made by Declarant or its agents or employees in
connection with the Property or any portion of the Property, or any Improvement thereon, its
physical condition, zoning, compliance with applicable laws, fitness for intended use, or in
connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or
regulation thereof as a planned development, except as specifically and expressly set forth
herein.
Section 6. Notices. Any notice permitted or required to be delivered as
provided herein shall be in writing and may be delivered either personally or by ordinary mail. If
delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after
a copy of the same has been deposited in the United States mail, postage prepaid, addressed to
any person at the address given by such person to the Association for the purpose of service of
such notice, or to the residence of such person if no address has been given to the Association.
Such address may be changed from time to time by notice in writing to the Association.
Section 7. Constructive Notice and Acceptance. Every person who owns,
occupies or acquires any right, title, estate or interest in or to any Lot or other portion of the
Property does and shall be conclusively deemed to have consented and agreed to every
limitation, restriction, easement, reservation, condition and covenant contained herein, whether
or not any reference to these restrictions is contained in the instrument by which such person
acquired an interest in the Property or any portion thereof.
Section 8. Attorney Fee. In any legal or equitable proceeding for the enforcement
or to restrain the violation of this instrument or any provision thereof, by reference or otherwise,
the prevailing party or parties shall be entitled to attorney fees in such amount as the court finds
reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not
exclusive.
Section 9. Amendments. Any and all of the Provisions set forth in this Bill of
Assurance may be amended, modified, extended, changed or cancelled in whole or in part by a
written instrument signed and acknowledged by the owner or owners of over seventy (70%)
percent of all Lots shown in the Plat_ The covenants, restrictions and provisions of this
instrument shall be deemed covenants running with the land and shall remain in full force and
effect for the term set forth above unless and until amended or cancelled as authorized
hereinbefore. Provided, however, no amendment to this Bill of Assurance which closes, alters,
relocates or in any manner affects any easement shall be effective unless such amendment has
been consented to by each utility having facilities situated in such easement.
Anything to the contrary herein notwithstanding, until forty-five (45) of the Lots shown
in the Plat are sold and conveyed, Declarant shall have the right from time to time, without the
approval of the Owners, or the Board, or the Association to amend the provisions hereof, for the
purpose of facilitating the marketing of the Lots, in complying with the requirements pertaining
25
to the Property made by financial institutions, title insurance companies and
governmental authorities and for any other reasonable purpose; provided that no such
amendment will reduce the size of a particular Lot or the improvable area of that Lot
without the consent of the Owner so affected.
IN WITNESS WHEREOF, Declarant has hereunto caused these presents to be
executed by its duly authorized officers on the _30 day of �( �+ +� rL , 2006.
"OFFICIAL SEAL"
BART L hjD K
No r ftbhc, sbft afA&m.
'g/3a/0r.
Reviewed only for inclusion of minimum standards
required by 6¢ City of lane Rock subdivision reaiuMcns
Bill of Assuranoe provisions established by tlm
developer may exceed minimum regulations of tho
He Rock subdivision and zoning ordirwnx;.
itv of Little Rock Planning Commission
EV-MARK DEVELOPMENT, LLC
26
dI Grafton, Tull & Associates, Inc.
00
10825 Financial Center Parkway,Suite 300, Little Rock, AR 72211-3554 501,664,3245 Fax 501.664.6704 www.craftull.com
June 27, 2006
City of Little Rock
Planning & Development
723 West Markham
Little Rock, AR 72201
Attn: Ms. Donna James, Subdivision Administrator
Re: Phase II, Hickory Grove Subdivision
Dear Ms. James:
Please find attached the Plat and Bill of Assurance for your review. I am also enclosing
the Utility Signoff sheet. The Little Rock Wastewater Utility cornunents on the Utility
Signoff is because they have not received as-builts as of yet, the sewer line is in place. I
am delivering a copy of the plat to Dewayne Dixon for Public Works review.
The only roadway that is public is Dorado Beach Drive that has previously been
dedicated on Plat H-135. La Scala Court, Loria Court, Verona Court will be private
drives in Access Easements. There are 10 lots that lie within the 100 year floodplain, we
have listed Minimum Finish Floor Elevation even though the area has been filled and we
will be filing a LOMR after the plat is filed and recorded.
If you have any questions or require any additional information, please call.
Sincerely,
Crafton, Tull & A sociates, Inc.
Michael Watson, PLS
Surveyor Coordinator
cc: Dewayne Dixon
E n g i n e e r s & S u r v e y o r s
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME HICKORY GROVE PHASE 2
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improvements remain uncompleted and a punch list has been prepared and sent.
Engineering Specialist Date:
ADDRESSING SPECIALIST'S REPORT
I ave re ewe d id th lie street names and street configuration are acceptable.
AQW Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for
billing to developer:
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Traffic Engineer
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
Date:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
All other requirements for final plat approval have been satisfied.
Civil Engineer I/II Date:
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requireme final at approval have been satisfied.
rZ_Surveyor
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
Date:
Design Review Engineer/Civil Engineering Manager
July 2005
Date: -0 /
CITY OF LITTLE ROCK PUBLIC WORKS DEPARTMENT - ENGINEERING
CHECK LIST FOR FINAL PLAT
SEE LITTLE ROCK SUBDIVISION CODE - SECTIONS 31-116 thru 31-147
NAME HICKORY GROVE PHASE 2
TYPE PLAT FINAL
DATE
N/A O.K. REQUIRED
6/28/2006
Name and Address of Owner of Record & Subdivider
Name of Subdivision
L-00
IV
Date of Plat
Names of All Streets
North Arrow
Certificate of Engineering Accuracy
Certificate of Surveying Accuracy
Appropriate Size & Scale
Source of Title Deed Book & Page Number
Legal Description
0000.
Boundary Line, Dimensions & Bearing
10000
Adjacent Subdivision's Names
1.000
Lot & Block Numbers
Interior Lot Line Dimensions & Angles
10,100-
Street Widths & Right-of-way Lines
Building Lines and Dimensions
1.00
Adjusted Arkansas State Plane Coordinates (North Zone) on All Boundary Corners
Statement Indicating the Ratio Error of Closure
4.00
Sufficient Curve Data to Establish & Re-establish Curve
Record Bearing & Distances on Common Boundary Lines
LOOO
Accurate Location & Description of Monument Found & Set; Indicating Size, Type of Material
Name of Street & Alley within Abutting Subdivision
Street Centerlines with Bearing & Distance on All Line Segment Angles of Intersection, & Curve
Information
Easement Giving Dimensions, Location, Purpose
too
Show any Area or Lot that may be Prone to Flooding with the Lowest Allowable Finished Floor Elevation
4(00
Survey to Conform to the Arkansas Minimum Standards for Property Boundary Surveys & Plats
S Two PAGIS Monuments & Intervisible Boundary Corners
PAGIS Monuments Information Shall be Provided on Standard Control Data Forms
Set onument at All Street Centerline Control Points
Provide Vertical Control Data on PAGIS Monuments
D.X.F. Diskette
S BUILT STORM DRAIN INFORMATION, STATE PLANE COORDINATES (NORTH ZONE),
INLET/BOX INVERT ELEVATION, LENGTH OF PIPE, SIZE OF PIPE, TYPE OF PIPE, TYPE OF
INLETS
City of Little Rock
Planning and Development
Filing Fees
Date: 20 9
Annexation
Board of Adjustment
Cond. Use Permit/ T.U.P
Final Plat
Planned Unit Dev.
Preliminary Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at
Public Hearing Signs
Number" at ea.
Total
ea.
File No.
Location
Appli.:`�.1
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