HomeMy WebLinkAboutS-1135-I ApplicationCity of Little Rock
Planning and Development
Filing Fees
Date , 20 6
Annexation
$
Board of Adjustment
$
Cond Use Permit/T UP
$
Final Plat
$_ /1T)
Planned Unit Dev
$
Preliminaiy Plat
$
Special Use Permit
$
Rezoning
$
Site Plans
$ '
Sti eet Name Change
$
Street Name Signs
Number at ea
$
Public Hearing Signs
Number -at -ea
$
Total
$ Z
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CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME - HICKORY GROVE PHASE III REPEAT
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 have reviewed the plat and find that the street names and street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage and street lights.
Indicate the number of street signs ordered for this plat for billing to developer
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Traffic Engineer Date:
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
All other requirements for final plat approval have been satisfied.
Civil Engineer I/II Date:
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
Surveyor Date:_ 9 - 2 G 23-, j
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
��. Q Date: gh&)10
Design Review Engineer/Civil Engineering Manager
AUGUST 26, 2010
2010058460 Received: 9/21/2010 4:24:02 PM
Recorded: 09/2212010 08:22:16 AM Filed S
Recorded in Official Records of PAT O'BRIEN
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $160.00
Cross Reference: Instrument No. 2010039407
Instrument No. 2008054775
Instrument No. 2008053264
This Instrument was prepared by:
Randal B. Frazier
Kutak Rock LLP
124 W. Capitol Ave., Suite 2000
Little Rock, Arkansas 72201
REPLAT AND RESTATED BILL OF ASSURAN[
TO
HICKORY GROVE SUBDIVISION PHASE III
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(Amending and restating that certain Bill of Assurance to Hickory Grove Subdivision
Phase III -A dated December 4, 2007, and recorded in the Real Property Records of Pulaski
County, Arkansas on August 4, 2008, as Instrument No. 2008053264; also amending and
restating that certain Revised Bill of Assurance to Hickory Grove Subdivision dated August 8,
2008, and recorded in the Real Property Records of Pulaski County, Arkansas on August 8, 2008
as Instrument No. 2008054775, also further amending and stating that certain First Amendment
to Revised Bill of Assurance and Plat of Hickory Grove Subdivision Phase III dated July 2, 2010
and recorded in the Real Property Records of Pulaski County, Arkansas on July 2, 2010 as
Instrument No. 2010039407)
This REPLAT AND RESTATED BILL OF ASSURANCE TO HICKORY GROVE
SUBDIVISION PHASE III (this "Restated Bill of Assurance") is entered into and made
effective by EVMARK DEVELOPMENT, LLC, an Arkansas limited liability company
("Declarant") and the Owners of all platted lots within Phase II and Phase III of Hickory Grove
Subdivision. The purpose of this Restated Bill of Assurance is to completely amend and restate
(i) that certain Bill of Assurance to Hickory Grove Subdivision Phase III -A, dated December 4,
2007, and recorded in the Real Property Records of Pulaski County, Arkansas on August 4, 2008
as Instrument No. 2008053264; (ii) that certain Revised Bill of Assurance to Hickory Grove
Subdivision Phase III, dated August 8, 2008, and recorded on August 8, 2008 as Instrument No.
2008054775; and (iii) that certain First Amendment to Revised Bill of Assurance to Hickory
Grove Subdivision Phase III, dated July 2, 2010, and recorded on July 2, 2010 as Instrument No.
2010039407 (together, the three instruments referenced above are referred to as the "Original
Bill of Assurance").
WHEREAS, Hickory Grove Subdivision presently consists of (i) Phase II platted as Lots
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 31, with open
spaces, common property, easements, streets and roads as shown on the plat thereof filed in Plat
Book H at Page 769; and (ii) Phase III platted as Lots 15, 16, 17, 24, 25, 26, 32R, 33, 34, 35, 36,
37, 50R, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62 and 63 with open spaces, common
property, easements, streets and roads as shown on the plat thereof filed as Instrument No.
2008053265;and
4948-5604-9159 1
WHEREAS, Declarant and all Owners of platted lots within Phase II and Phase III of
Hickory Grove Subdivision as they now exist have unanimously consented in writing to the
replatting of Phase II and Phase III by removing lots 15, 16, 17, 29, 25, 26, 32R, 33, 34, 35, 36
and 37 from Hickory Grove Subdivision Phase III and replatting them into Hickory Grove
Subdivision Phase II; and
WHEREAS, all of the Owners of Lots within the replatted Phase III have unanimously
consented to making said property legally described in the attached Exhibit "A" ("Property")
subject to this Restated Bill of Assurance; and
WHEREAS, Declarant and Owners wish to amend and restate the Original Bill of
Assurance in its entirety as provided herein.
NOW, THEREFORE, in consideration of the rights, benefits and obligations to accrue
to the parties and to the current and future Owners of the Property, which benefits they
acknowledge to be of value, Declarant and Owners declare that the Original Bill of Assurance is
hereby amended and completely restated to read as set forth herein with all provisions of the
Original Bill of Assurance contrary to or absent from the terms contained herein being deemed
amended, deleted and restated so that only the terms of this Restated Bill of Assurance exist.
Further, Declarant and Owners have caused to be made a Replat (as defined below), showing the
bounds and dimensions of the Property. There are also shown on the Replat certain easements
for drainage and utilities for which Declarant previously donated and dedicated to and for the use
of public utilities, the same being, without limiting the generality of the foregoing, electric
power, gas, telephone, cable television, water and sewer, with the right previously 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 use 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 be necessary to connect the service lines of owners to the
service pedestals installed by said utilities and for other purposes.
The filing of the Replat and this Restated Bill of Assurance for record in the office of the
Circuit Clerk and Ex-Ofcio Recorder of Pulaski County, Arkansas, confirms the valid and
complete delivery and dedication of the easements subject to the limitations herein set out.
The lands embraced in the Replat shall be forever known as "Hickory Grove Subdivision
Phase III, an 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 the Replat shall always be deemed a sufficient description thereof.
Declarant and Owners shall own and convey all Lots comprising the Property subject to
the protective covenants, conditions, restrictions, reservations, easements, equitable servitudes,
liens and charges, all running with the Property as hereinafter set forth.
4848-5604-9159.1 2
Declarant and Owners hereby declare 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 successors -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 Restated 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 offices 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 and Owners have deemed it desirable, for the efficient preservation of the
values and amenities in the Property described above, 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, 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,
2040 and shall be automatically extended for successive periods of ten (10) years unless
amended or terminated as hereinafter provided, to -wit:
ARTICLE I
DEFINITIONS
Unless otherwise expressly provided, the following words and phrases when used herein
shall have the meanings hereinafter specified:
4848-5604-9159.1 3
Section 1. "Architectural Control Committee" shall mean the committee comprised
initially of the two (2) persons appointed by Declarant or the Board and shall exercise the
approval authority conferred pursuant to Article VII hereof.
Section 2. "Articles" shall mean the Articles of Incorporation of the Association
which have been or will be filed in the office of the Secretary of State of the State of Arkansas.
Section 3. "Association" shall mean the Hickory Grove Phase III Property Owner's
Association, Inc., a corporation formed under the Arkansas Nonprofit Corporation Act of the
State of Arkansas, its successors and assigns.
Section 4. "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 5. "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 6. "Common Area" shall mean all the real property described as "open
space" on the Replat and which is owned by the Association for the common use and enjoyment
of all of the Owners.
Section 7. "Declarant" shall mean and refer to EvMark Development, LLC, an
Arkansas limited liability company, its successors and assigns, so long as EvMark Development,
LLC assigns such rights of Declarant hereunder to any such person by an express written
assignment.
Section 8. "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 9. "Lot" shall mean and refer to any residential lot or parcel of land shown
upon the recorded Replat of Hickory Grove Subdivision Phase III, with the exception of the
Common Area.
Section 10. "Member" shall mean any person or entity holding a membership in the
Association as provided herein.
Section 11. "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 12. "Person" shall mean a natural individual or any other entity with the legal
right to hold title to real property.
Section 13. "Replat" shall mean the replat of Phase III, Hickory Grove Subdivision
prepared by Sullivan Land Surveying dated August 22, 2010 bearing a certificate of approval
4848-5604-9159.1 4
executed by the City of Little R ck and having been recorded in the Real Property Records of
Pulaski County, Arkansas ❑ ,� 2 , 2010 as Instrument No. i S�
Section 14. "Property" shall mean and refer to all of the real property described above
which is subject to the Provisions of this Restated Bill of Assurance and to the jurisdiction of the
Association as provided herein.
Section 15. "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.
ARTICLE II
OWNER'S PROPERTY RIGHTS
Section 1. Owner's Easement of Enjoyment. Every Owner shall have a right and
easement of ingress and egress and of enjoyment in, to and over the Common Area 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;
(c) The right of the Association in accordance with the vote or written assent
of two-thirds (2/3`d)of the Owners to borrow money for the purpose of improving the
Common Area 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 Declarant (and its sales agents, customers and representatives)
to the non-exclusive use of the Common Area, 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 Area 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. Title to the Common Area. Declarant hereby covenants for itself, its
successors and assigns that it will convey fee simple title to the Common Area, as shown on the
Replat, to the Association.
4848-560"159.1
ARTICLE III
MEMBERSHIP 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.
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 make 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 or her Lot to a contract purchaser under an agreement to purchase
shall be entitled to delegate to such purchaser his or her 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 or her 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 or her
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. Classes of Voting Membership. 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 Restated 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
4949-5604-9159.1 6
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 Restated Bill of
Assurance.
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 (each, a "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 Restated Bill of Assurance and in the Articles of Incorporation and
By -Laws of the Association.
ARTICLE V
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 Area and all
facilities, Improvements and landscaping thereon, if any;
(b) Furthering the purposes of and protecting the interests of the Association
and Members and as directed by this Restated Bill of Assurance and the By -Laws of the
Association;
4848-5604-9159.1 7
(c) Grant easements, rights of way, or strips of land where necessary, for
utilities and sewer facilities over the Common Area to serve the Common Area and the
Lots.
ARTICLE VI
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 Replat. No Lot shall be subdivided without
written consent of the Declarant or the Association and the City of Little Rock 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 Restated 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.
ARTICLE VII
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Desiggation of Committee. The Association shall have an Architectural
Control Committee, consisting initially of two (2) 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, and in such event, additional positions on
the Architectural Control Committee may be created 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:
4848-5604-9159.1 8
(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.
(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
4848-5604-9159.1 9
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. Maiority Vote. A favorable vote of a majority 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) days 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 8. Limitation of Liability. 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 Restated 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.
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 VIII
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.
4848-5604-9159.1 10
(h) Complying with all governmental health and police requirements.
(i) Repainting of improvements.
0) Repair of exterior damages to improvements.
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 work was
performed.
ARTICLE IX
COMMON SCHEME RESTRICTIONS
The following restrictions are imposed as a common scheme upon all Lots and the
Common Area for the benefit of all Lots and the Common Area and may be enforced by
Declarant, any Owner or the Association through any remedy available at law or in equity.
Section 1. Licensed Contractor. All Dwelling Units or Improvements constructed on
any Lots or the Common Area 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.
Section 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.
4848-5604-9159.1 11
Section 3. Height and Type 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 VII of this Restated 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.
Section 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 Replat;
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.
Section 5. Minimum S uare Feet Area. No Dwelling Unit 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 or exceed 2,350 sq. ft. for a one story Dwelling Unit, or 2,500 sq. ft. for a multi -story
Dwelling Unit. Finished heated living area shall be measured in a horizontal plane to the face of
the outside wall on each level.
Section 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 Replat.
Section 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.
Section S. 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.
4848-5604-9159.1 12
Section 9. 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 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 VII
hereof.
Section 10. 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 Replat filed herewith is centerline curve data. In the event of minor
discrepancies between the dimensions or distances as shown on the Replat and actual dimensions
and distances as disclosed by the established pins, the pins as set shall control.
Section 11. 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.
Section 12. Ground Frontage. No Lot shall be subdivided.
Section 13. 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 Replat.
Section 14. Existing Structure. No existing, erected building or structure of any sort
may be moved onto or placed on any Lot.
Section 15. Oil and Mineral Operations. No oil drilling, oil development operating,
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 designated for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot.
Section 16. Storage of Vehicles, Machinery and Equipment. 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 Area) 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 than 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.
4848-5604-9159.1 13
Section 17. Temporga 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.
Section 18. 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.
Section 19. Leases. No portion of a Lot (other than the entire Lot and Dwelling Unit)
may be rented.
Section 20. 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.
Section 21. 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.
Section 22. Cesspool. No leaching cesspool shall ever be constructed or used on any
Lot.
Section 23. Visibilfty from Dorado Beach Drive. 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.
Section 24. Exterior Li tin . 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
Lot.
Section 25. 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.
4848-5604-9159. l 14
Section 26. Signns. No signs, plaques or communication of any description (except one
sign of not more than five (5) square feet advertising the property for sale or rent) shall be placed
on the exterior of any Lot or Common Area by an Owner unless approved by the Architectural
Control Committee.
Section 27. 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.
Section 28. 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.
Section 29. 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.
Section 30. 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
fagade of any Dwelling Unit; provided, however, one satellite dish per Dwelling Unit not to
exceed eighteen inches (18") in diameter may be attached to the roof or side of such Dwelling
Unit.
ARTICLE X
EASEMENTS; UTILITIES
Section 1. Utility and Drainage Easements. 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 Replat 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 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,
4848-5604-9159. I 15
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.
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 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.
4848-5604-9159. l 16
ARTICLE XI
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 ("GNMA"), 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 Restated 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
Restated 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:
(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 Areas 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.]
4848-5604-9159.1 17
(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 Restated Bill of Assurance 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 Restated Bill of
Assurance or the Articles of Incorporation or By -Laws of the Association; 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.
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.
4848-5604-9159.1 18
ARTICLE XII
GENERAL PROVISIONS
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 Restated Bill of Assurance 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 Area. 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 Right or Dedication. Other than the right of way for Dorado
Beach Drive as shown on the Replat, nothing contained in this Restated Bill of Assurance 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.
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
4848-5604-9159.1 19
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 Restated 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 Replat. 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 Restated 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 nine (9) of the Lots shown in the
Replat 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
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.
Reviewa6 only far inclusion of minimum standards
required by the City of Little Rock subdivision regulations.
Rill of Assurance provisions established by thn
developer may exceed minimum regulations of tha
e Rode subdivision and zoning ordinances.
f Little Rock Planning Commission
4848-5604-9159.1 20
IN WITNESS WHEREOF, Declarant has hereunto caused these presents to be executed
by its duly authorized officers on the day of 2010.
EVMARK DEVELOPMENT, LLC,
an limited i i ! ity co y
By:
J es C. Markus
orized Member
Lot(s) #�5 5 ��
s �, S?, <t, Sy G0,z-
Property Owner Address:P.Q.Box-241499
Littk R AR 72223
r
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI )
BE IT REMEMBERED, that on this day, before me, a Notary Public, duly
commissioned, qualified and acting, within and for the said county and state, appeared in person
the within named James C. Markus, to me personally well known, who stated that he was the
authorized member of EvMxrk Development, LLC, an Arkansas limited liability company and
was duly authorized in that capacity to execute the foregoing instrument for and in the name and
behalf of said limited liability company; and further stated and acknowledged that he had so
signed, executed and delivered said foregoing instrument or the consideration, uses and purposes
therein mentioned and set forth
WI SS WHEREOF, I have hereunto set my hand and official seal this �3 day
of 2010.
My conmiss
[SEAq �■
c Pli L Ifs
n.r.ryrrQ LI........
484&3165-5657.1 24
Sep 08 10 01:53p B. Evans Construction LLC
501-821-6792 P.1
IN WITNESS WHEREOF, the parties hereto have executed this Restated Bill of
As3mmm effective on the due hertinabove provided.
PROP O%W
By. MichaelTyson
SPOUS"lCO-Owner Printed X=W (if applicable)
SPOUw/C;o-Owner Signature (if applicable)
Lot(s) #:
PmParY Owner Address: P.O. Box 24196a
Little ReCLAR 72221
ACKNOWLEDGMF.NT
STATE OF AXX;Cq=
FLO P- , At, ) S&
COUNTY OF -Cq&L� )
On this � day of re nic, the Undmigned officer�
personally appeared Michael Tyson
andand wifelco-owner (if
applicable), kumm to me (or sMisfactonly pmve'n, tothe
Pmon(s) whose name(s) are
subscribed to the within instrument and acknowledged that he/she/they executed the am for the
purposes therein contained,
Olt IN WITYESS WHEREOF, I have hereunto set my hand and seal this 94� day
of . 2010,
-C,
4NT AZY PURL �j 12
My Co=ission Expires:
*4 TARA Q
2/ 3 j
[S E A L]
4x4&31&S-S687.1 22
IN WITNESS WHEREOF, the parties hereto have executed this Restated Bill of
Assurance effective on the date heremabove provided
MAR7uthonzed
,VANimited Na'ty i
By:
C. Markus
Member
Lot(s) zz)
1 1/� 1 1 1 - 1 * R 1� �7i•ill�
ACKN!2WLEDGM N
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI )
BE IT REMEMBERED, that on this day, before me, a Notary Public, duly
commissioned, qualified and acting, within and for the said county and state, appeared in person
the within named James C. Markus, to me personally well known, who stated that he was the
authorized member of Markus -Evans, LLC, an Arkansas limited liability company and was
duly authorized in that capacity to execute the foregoing instrument for and in the name and
behalf of said limited liability company; and finther stated and acknowledged that he had so
signed, executed and delivered said foregoing instrument or the consideration, uses and purposes
therein mentioned and set forth
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day
of 2010.
5
44TY PUBLIC
My Commission FApres),,,,
,. �)14DEgrj' " ,,
[SEAL] - NflYAVVY
p613 IC ')
kI C:
r�f�+ll1ig1111 ���,,
484E-5604-9159.1 23
IN WITNESS WHEREOF, the parties hereto have executed this Restated Bill of
Assurance effective on the date hereinabove provided.
MARKUS HOMES, INC.,
an7PZre
c rporation
By:
C. Markus
' entLo � 7-3
Property Owner Address: P.O. Box 241400
Little Rock. AR 72223
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI )
BE IT REMEMBERED, that on this day, before me, a Notary Public, duly
commissioned, qualified and acting, within and for the said county and state, appeared in person
the within named James C. Markus, to me personally well known, who stated that he was the
President of Mark Homes, Inc., an Arkansas corporation and was duly authorized in that
capacity to execute the foregoing instrument for and in the name and behalf of said corporation;
and further stated and acknowledged that he had so signed, executed and delivered said
foregoing instrument or the consideration, uses and purposes therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day
of 2010.
ki
TARY PUBLIC
My Commission Ewe&;,,
ON
[SEAL] NOTARY
PUBLIC
4846.3165-5687.1 24
IN WITNESS WHEREOF, the parties hereto have executed this Restated Bill of
Assurance effective on the date hereinabove provided.
PROPERTY OWNER:
By- - 44 1>1
Rush F. Harding
By: V
inda C. Harding
Lot(s): 0
Property Owner Address: 2I Lascala Court
Little Rock, AR 72212
On this l--?> day of 2010, before me, the undersigned officer,
personally appeared Rush F. Harding and Linda C. Harding, husband and wife, known to me
(or satisfactory proven) to be the persons whose names are subscribed to the within instrument
and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal this day of
2010.
,
My Commission Expires:
= JAO =
4846-3165-5687.1 25
FROM : ELITE BLINDS PHONE NO. +501 221 1138 Sep. 15 2010 08:04PM P02
IN WITNESS WHEREOF, the parties hereto have executed this Restated Dill of
Assurance effective on the date heminabove provided.
PROPERTY UWNm
crsit A. Noble
Lot(s): ZZ—
Property Owner Address; 4 V a Cori
L'ttle RocL AR 72212
�nvvlr.F.nGn�
On this � ,S- day of 2010, before me, the undersigned officer,
par,,011ally appcai;;d Scott A. Noble and Mary E. Noble, husband and wife, known to me (or
satisfactory proven) to be the persons whose names arts subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, l hereunto set my hand and official seal this day of
2010. ,
AR PUBLIC
My Comn►is`};
(SEAL] NUTARY
PUBLIC
4946a165-56117.1 26
IN WITNESS WHEREOF, the parties hereto have executed this Restated Bill of
Assurance effective on the date hereinabove provided.
PROPERTY OWNER:
FIRST SECU rY BANK
By:
Name:
Title: >�
Lot(s):
Property Owner Address: P.O. Box 17770
Little Rock, AR 72222
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI )
BE IT REMEMBERED, that on this day, before me, a Notary Public, duly
commissioned, qualifie nd acting, ithin d for the said county and state, appeared in person
the within named -" A� 4,f to me personally well known,
who state that e/shl was the I 4EVf- of First Security Bank, a
was duly authorized in that capacity to execute the foregoing
instrument for and in the name and behalf of said bank; and further stated and acknowledged that
he/she had so signed, executed and delivered said foregoing instrument or the consideration, uses
and purposes therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this —q-14 day
of 2010.
NOTARY PUBLIC
My Commission Expires:
vVv "" u- I • TARASANr7EW.'
[S E A L] NOTARY PUBLIC -STATE OF-NRKANSAS
PULASKI COLINI `/
My Commission Expires 06•,1&2019
Commission # 12371704
4846-3165-5687.1 27
IN WITNESS WHEREOF, the parties hereto have executed this Restated Bill of
Assurance effective on the date hereinabove provided.
PROPERTY OWNER:
By:
Mark Schlesinger
Spouse/Co-Owner Printed Name (if applicable)
Spouse/Co-Owner Signature (if applicable)
Lot(s) #: /'I —
Property Owner Address: 11300 Financial Centre_ Park_
Suite 900
Little Rock, AR 72211
ACKNOWLEDGMENT
On this (3 day of 2010, before me, the undersigned officer,
personally appeared Mark Schlesinger and _ , husband and
wife/co-owner (if applicable), known to me (or satisfactory proven) to be the person(s) whose
names are subscribed to the within instrument and acknowledged that he/she/they executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal this day of
2010.
p
N TARY PUBLIC
My Commission,Fxp*j;P:
�o--c L .
[S E A Lf NOTARY
-o' PUBLIC
4"&3165-5687. l 28
Sep 14 10 09:22a HRKOMH CONSULTING 5018681869 p.2
e
IN WITNESS WHEREOF, the parties hereto have executed this Restated Bill of
Assurance effective on the date hereinabove provided.
PROPERTY OWNER:
Lot(s): / Lt
Property Owner Address: 22 Ridgerleld_Cove
Little Rock. AR 72223
AC1-Q4OWLEDGM NT
On this t day of 2010, before me, the undersigned officer,
personally appeared Leo Hauser and rlane Stakemiller, known to rue (or satisfactory
Proven) to be the persons whose names are subscribed to the within instnnnent and
acknowledged that they executed the same for the purposes therein contained.
IN VI TNESS WHEREOF, I hereunto set my hand and official seal this day of
2010.
4NY PUBLIC
My Commission Expires:
[S E A�,
NOTARY
w'• PUBLIC J Q
'••, coy
4"&i604-9159.1 29
MORTGAGEE CONSENT
MORTGAGEE'S CONSENT AND SUBORDINATION
KNOW ALL MEN BY THESE PRESENTS:
That Metropolitan National Bank (the "Lender"), does hereby: (i) consent to the attached
Replat and Restated Bill of Assurance of Hickory Grove Subdivision Phase III ("Restated Bill of
Assurance"); and (ii) agrees not to seek to set aside or challenge the validity of the Restated Bill
of Assurance in the event the Lender forecloses its interest as a lienholder for any portion of the
Property (as described in the Restated Bill of Assurance).
IN EST ONY WHEREOF, the Lender has hereunto signed its name on this
day of 2010.
rV
METROPOLITAN NATIONAL BANK
By:
Name:�414
Title: --�
STATE OF ARKANSAS )
) ss. ACKNOWLEDGMENT
COUNTY OF )
On this day, before me, a Notary Public, duly commissioned, quay zed and actin ,with
and for said County and State, appeared in person the within name �
to me well known, who stated that he/she was the _ 0C. - of
Metropolitan National Bank, and was duly authorized in such capacity to execute the foregoing
instrument for and in the name and on behalf of the bank, and further stated and acknowledged
he/she had so signed, executed and delivered the foregoing instrument for the consideration, uses
and purposes therein mentioned and set forth.
IN STIMONY WHEREOF, I have hereunto set my hand and official seal this<�1
day of C �. 4 - , 2010.
4", k Q yZ
N tart' Public
4848-5604-9159.1
W