HomeMy WebLinkAboutS-1273-D ApplicationCity of Little Rock
Planning and Development
Filing Fees
Date: 7`� �. , 20LQ
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 ea.
Public Hearing Signs
Number at ea.
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File No.
Location S�L w,,1
Applicant.•
By _
Citv of Lithe Rock
�f Department of—
Public Works
_ -- -- , Civil- Engineedng Division
701 West Markham
Lathe !lock, Arkansas 72201-1300
371-4811 Fax 371-4460
CIVIL ENGINEERING RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN
BE ISSUED 5 74 C 15 C 04 C& V "11,44'r roc r pti'I j C
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BILL OF ASSURANCE
TO
STAGECOACH VILLAGE
A
PLANNED UNIT DEVELOPMENT
KNOW ALL MEN BY THESE PRESENTS:
2002146960
05'/28/2002 01:38:11 PM
Filed & Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $77.00
WHEREAS, Stagecoach Village, LLC, an 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:
That part of the Northwest Quarter of the Northeast Quarter and all that part of the Southwest
Quarter of the Northeast Quarter of Section 5, Township 1 South, Range 13 West more fully
described as follows:
Commencing at a #4 rebar at the southwest corner of the North Half of the Northeast Quarter,
said Section 5, and run thence South 83°25'46" East along the south line of said N %2, NE 1/4 for
689.04 feet to the west line of Lot 4, Stagecoach Village Subdivision to the City of Little Rock,
Arkansas; thence South 4°21'37"West along the west line of said Lot 4 for 14.40 feet to an
established fence line and the point of beginning of property herein described; thence North
83°23'52" West along said fence line for 83.67 feet; thence North 84°35'08" West along said
fence line for 100.00 feet; thence North 84°14'08" West along said fence line of 51.24 feet;
thence leaving said fence line North 6°31'52" East for 171.03 feet; thence North 83°28'09"West
for 30.93 feet to the beginning of a curve with a Radius of 58.63 feet, and a delta angle of
20°36'01"; thence curving to the left along the arc of said curve for 21.08 feet; thence North
14°34'29"West for 46.00 feet; thence North 2°28'52" East for 158.45 feet; thence North
87°31'08" West for 48.46 feet; thence North 2°28'52" East for 111.09 feet; thence South
87°31'08" East for 132.16 feet; thence North 2°32'23" East for 197.37 feet; thence South
87°04'15" East for 40.93 feet; thence North 2°25'52"East for 155.92 feet; thence South
870747" East for 328.36 feet; thence South 7°49'26" West for 134.15 feet to the northern most
point of Lot 3, Stagecoach Village, Tract A Phase 1 to the City of Little Rock, Arkansas; thence
South 32°33'27" West along the west line of said Lot 3 for 273.93 feet; thence South 4°21'37"
West along the west line of said Lots 3 and 4 for 464.07 feet to the point of beginning,
containing 5.66 acres more or less.
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 protective covenants herein contained;
NOW, THEREFORE, Declarant, for and in consideration of the benefits to accrue to it,
which benefits it acknowledges to be of value, has caused to be made a plat, to be filed in the
Plat Record Book of Pulaski County, Arkansas, showing the plat dated May 24, 2002, signed by
Charles F. Best of Hurricane Valley, Inc. Professional Engineering Consultants, Registered
Professional Engineers, and bearing a certificate of approval executed by the Little Rock
Planning Commission, and showing the bounds and dimensions of the property now being
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subdivided into lots and Common Areas (the "Plat"). There are also shown on the Plat certain
easements for drainage and utilities for which Declarant hereby donates and dedicates 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 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 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. Likewise, the Plat contains
access easements for providing access to the Lots for the benefit of and to be shared by those
Lots shown to be served thereby.
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 "Stagecoach Village, Tract A
Phase 1, 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
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.
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 and
Improvement District (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 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 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 establish a multipurpose municipal
property owners improvement district under the Arkansas Municipal Property Owners'
Improvement District Law to which will be delegated and assigned the powers and
responsibilities of owning, maintaining, repairing and replacing the Common Areas and
improvements thereon and administering and enforcing the covenants and restrictions, and
collecting and disbursing the assessments levied thereunder as further provided in Article VII
hereafter.
Declarant will or has caused such improvement district, the commissioners of which shall
be property owners in the Property, to be established as an improvement district for the purpose
of exercising the functions aforesaid.
Declarant has likewise 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 regulating the Common Areas and administering and enforcing the
covenants and restrictions, and collecting and disbursing any assessments and charges levied
thereunder.
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 as a property owners association 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,
2036, to -wit:
ARTICLE I
DEFINITIONS
Unless otherwise expressly provided, the following words and phrases when used herein
shall have the meanings hereinafter specified:
Section 1. "Architectural Committee" shall mean the Declarant or the Association
when exercising the approval authority conferred pursuant to Article IX hereof.
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Section 2. "Articles" shall mean the Articles of Incorporation of the Association to
be filed in the office of the Secretary of State of the State of Arkansas.
Section 3. "Association" shall mean the Stagecoach Village 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. "Association Assessment" shall mean a charge against each Owner and his
or her Lot, representing a portion of the costs to the Association for regulating the Common
Areas which the Association may from time to time authorize.
Section 5. "Board" 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. "Common Areas" shall mean all the real property and improvements,
including without limitation, community building(s), landscaped areas and private roadways and
walkways, which are owned by the Improvement District (hereinafter defined) for the common
use and enjoyment of all of the Owners. The initial Common Areas are shown on the Plat.
Additional Common Areas might be transferred to the Improvement District in the future
pursuant to the terms of Article XV hereof.
Section 8. "Declarant" shall mean and refer to Stagecoach Village, LLC, an Arkansas
limited liability company, its successors and assigns, if such successors and assigns should
acquire more than one (1) Lot from the Declarant for the purpose of development and resale so
long as Stagecoach Village, LLC assigns such rights of Declarant hereunder to any such person
by an express written assignment.
Section 9. "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 10. "Improvement District" shall mean the Stagecoach Village Multipurpose
Municipal Property Owners' Improvement District No. of Little Rock, Arkansas as further
described in Article VII hereof.
Section 11. "Improvement District Assessment" shall mean the assessments levied
against each Lot, representing a portion of the total costs to the Improvement District of
maintaining, improving, repairing, replacing, managing and operating the Common Areas herein.
Section 12. "Lot" shall mean and refer to any residential lot or parcel of land shown
upon the recorded subdivision map of Stagecoach Village, Tract A Phase 1, with the exception
of the Common Areas.
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Section 13. "Member" shall mean any person or entity holding a membership in the
Association as provided herein.
Section 14. "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 15. "Person" shall mean a natural individual or any other entity with the legal
right to hold title to real property.
Section 16. "Plat" shall mean the plat of Stagecoach Village, Tract A Phase 1 prepared
by Hurricane Valley, Inc., dated May 24, 2002, as described hereinabove.
Section 17. "Property' shall mean and refer to all the real property described above
together with such portion of other real property with respect to which a Notice of Addition of
Territory has then been recorded subjecting it to the Provisions of this Bill of Assurance and to
the jurisdictions of the Association and Improvement District as provided herein.
Section 18. "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 19. "Special Assessments" shall mean a charge against a particular Owner and
his Lot, directly attributable to the Owner, equal to the cost incurred by the Improvement District
or the Association for corrective action performed pursuant to the provisions of this Bill of
Assurance, plus interest thereon as provided for herein.
ARTICLE 11
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 Areas which shall
be appurtenant to and shall pass with title to every Lot, subject to the following provisions:
(a) The right of Declarant to annex additional Common Areas thereto
pursuant to the terms Article XV;
(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 Improvement District and Association to borrow money
for the purpose of improving the Common Areas and facilities and, in the case of
the Improvement District borrowing such money, 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.
(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
Association or Improvement District 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
(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 ten (10) 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 Parking. Temporary guests 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 Improvement
District and Association, through their officers, committees and agents are 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, all future Owners within the Property and to the Owners of lots in the land
platted as The Arbors at Stagecoach Village, their successors and assigns 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 II. Declarant reserves the right to grant similar easements to Owners of property in
additional property annexed hereto pursuant to Article XV. The private roadways shown on the
Plat shall be for the use and benefit of the Lot Owners, the owners of the Property and the
Owners of lots in The Arbors at Stagecoach Village, their successors and assigns.
Section 5. Waiver of Use. No Owner may exempt himself or herself from
personal liability for assessments duly levied by the Improvement District or the Association, nor
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release the Lot from the liens and charges thereof, by waiver of the use and enjoyment of the
Common Areas and the facilities thereon or by abandonment of his or her Lot.
Section 6. 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 Improvement District. The 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
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 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. 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
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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 this 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 owned by a Class A Member.
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,
inclusive of votes attributable to any property annexed to the Properties,
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.
Section 2. Vote Distribution. Class A 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.
ARTICLE V
DUTIES AND POWERS OF ASSOCIATION
In addition to the establishment of the Association as identified herein, Stagecoach
Village, Tract A Phase 1 is located within the territory constituting the Improvement District
(specifically the Stagecoach Village Multipurpose Municipal Property Owners' Improvement
District No. of Little Rock, Arkansas, as provided in Article VII hereafter.
The Association and Improvement District are vested with powers and responsibilities
that overlap in some areas. Without limiting the powers of either entity, Declarant acknowledges
that the Association will initially and primarily include the operation of the Architectural Control
Committee and the establishment of the rules and regulations for the use of Stagecoach Village
Common Areas and shall otherwise enforce compliance with this Bill of Assurance. The
Improvement District is initially and primarily responsible for the maintenance of the Common
Areas, including but not limited to the streets, street lights, landscaped and gated entrances,
easement rights -of -way, other common use area improvements, and such other Stagecoach
Village, Tract A Phase 1 maintenance matters as may be authorized.
The Association, acting through the Board of Directors, shall also have the power and
duty to:
(a) Regulate the use of the Common Areas and all facilities, improvements
and landscaping thereon;
(b) Regulate the use of all private drives (exclusive of the driveways located
on each Lot) within Stagecoach Village.
(c) Employ or contract with a professional manager or the Improvement
District 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; and
(d) Levy Association Assessments as the Association deems appropriate.
ARTICLE VI
ASSOCIATION ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for Assessments.
Declarant, for each Lot owned by it within the Property 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 Assessments as the
Association may from time to time deem appropriate. 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. Purpose of Association 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 otherwise regulating the Common Areas as provided herein.
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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. Exempt Property. The following property subject to this
Declaration 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.
ARTICLE VII
PROPERTY OWNERS IMPROVEMENT DISTRICT
All Lots in Stagecoach Village, Tract A Phasel, in addition to being bound by this Bill of
Assurance and the Association identified herein are also within the Stagecoach Village
Multipurpose Property Owners' Improvement District No. of Little Rock, Arkansas
established by ordinance number adopted by the Little Rock Board of Directors dated
. As such all such Lots are subject to the matters established
thereby and therein including but not limited to, assessments to enable the Improvement District
to accomplish its purposes set out therein and as may be assigned to it from the Association by
agreement specifically including, without limitation, the maintenance, preservation,
improvement, management and servicing of the Stagecoach Village private roads, streets, alleys
and other access right of ways and drainage related thereto, street lights, landscaped and gated
entrances, recreational facilities and other Common Areas, and such other maintenance matters
as may be authorized.
In connection therewith the Improvement District shall maintain such policy or policies
of liability and fire insurance with respect to the Common Area and personal property, if any,
owned by the Improvement District as provided herein in furthering the purposes of and
protecting the interests of the Association and Members; 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; and, levy Improvement District assessments as the Improvement
District deems appropriate. Such assessments shall create a lien upon the Lots assessed similar
in priority as ad valorem taxes and subject to foreclosure of the Lot, and improvements thereon
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for non payment as provided by the Arkansas Municipal Property Owners' Improvement District
Law of Arkansas.
Exempted from Improvement District Assessments are all Property dedicated to and
accepted by a local public authority if any part of the Property is subsequently so dedicated; and
the Common Areas.
VIII
EFFECT OF NON-PAYMENT OF ASSESSMENTS•
REMEDIES
Section 1. Effect of Non -Payment of Association Assessments: Any Association
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 six percent (6%) per annum. If any installment of an
assessment is not paid within thirty (30) days after it is due, 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.
Section 2. Effect of Non -Payment of Improvement District Assessments:
Improvement Districts Assessments not paid when due shall be subject to collection pursuant to
the provisions of Arkansas Acts 1987, No. 113 of the Acts of the General Assembly of the State
of Arkansas, and all amendments thereto (codified as Ark Code Ann. § 14-94-101 et esq.)
including additional assessments of interest and penalties and the right of the Improvement
District to foreclose the lien of the assessments with the sale of the assessed property as provided
therein.
Section 3. Subordination of the Association Lien to Mortgages. The lien of the
Association 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
such assessments thereafter becoming due or from the lien thereof.
ARTICLE IX
LAND USE AND BUILDING TYPE
Section 1. Residential Purposes. Said land herein platted shall be held, owned and
used only as single family residential building sites except as otherwise shown on said plat.
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Except as may be herein provided, no Lot shall be improved, used or occupied for other than
private residential purposes. No structures shall be erected, altered, placed or permitted to
remain on any Lot other than single-family dwellings, with private garages for storage of
passenger vehicles owned or used by residents. 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 Stagecoach
Village.
Section 2. Minimum Size and Facade. Each Dwelling Unit, exclusive of open
porches and garages, shall contain not less than one thousand two hundred and fifty (1,250)
square feet of heated and air conditioned space. All Dwelling Units shall have a fagade of
cement siding, masonry or a combination of brick, masonry, rock, cultured (man-made) stone or
cement siding and shall be approved in accordance with Article X below.
ARTICLE X
ARCHITECTURAL AND LANDSCAPING CONTROL
No building or other structures shall be erected, placed or altered on the Property until the
building plans, specifications, exterior color scheme and plot plan showing the location,
minimum principal dwelling size and facing of such building with respect to existing
topography, adjoining streets, and finished ground elevations have been approved in writing by
Declarant or by the Association. Furthermore, no substantial alterations to the landscaping of the
Property or any Lot or the placement of any fences on any Lot or the Common Area may be
made until such alterations or fences have been approved in writing by the Declarant or by the
Association. In the event Declarant or the Association fails to approve or disapprove any plans,
specifications, exterior color scheme, plot plan, fencing or landscaping plan submitted to it as
herein required within thirty (30) days after such submission, this covenant shall be deemed to
have been fully met by the person submitting such plans for approval. Nothing herein contained
nor the required consent of the Declarant or the Association shall in any way be deemed to
prevent any of the owners of Lots from maintaining any legal action relating to improvements
within the Property which they would otherwise be entitled to maintain. There shall be no
compensation to Declarant or the Association for the services to be performed pursuant to this
provision.
ARTICLE XI
BUILDING LOCATION; SUBDIVISION PROHIBITED
Section 1. Building Location. Attached as Exhibit "A" to this Bill of Assurance is
a Site Plan ("Site Plan") of the location of buildings to be constructed on Lots within the
Property. This Site Plan shows, with respect to each Lot, the area within which each building is
to be constructed. The Property is subdivided and platted by Declarant for the construction of
single family attached homes which will have common walls adjoining on certain boundary lines
of Lots. Except for minor variances permitted by Section 2 of Article XII, no building or other
structure shall be located, or permitted to reside, in whole or in part, outside of the lines so
12
shown on the Site Plan without the advance consent of Declarant or the Association and the
Little Rock Planning Commission.
Section 2. Subdivision Prohibited. No Lot shall be subdivided without written
consent of the Declarant or the Association and the Little Rock Planning Commission first
obtained.
ARTICLE XII
EASEMENTS; UTILITIES
Section 1. Utility, 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
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
13
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
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
USE PROVISIONS
Section 1. Fences. No fence, walls or enclosures of any type or nature
whatsoever shall be constructed, erected or placed upon any Lot or the Common Area without
the approval in writing by Declarant or by the Association.
Section 2. Nuisances and Vehicles. No noxious or offensive activity shall be
carried on upon any Lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood. No trucks, commercial vehicles, boats, recreational
vehicles, trailers or inoperative vehicles may be stored on the Property or any Lot or parked on
the Property or any Lot for more than forty eight (48) consecutive hours at any time. No
household goods or furniture shall be stored outside any Dwelling Unit for more than forty eight
(48) hours and, in such case, only for the purpose of disposal. Trash, garbage and other waste
shall not be kept on any Lot except in sanitary containers.
14
Section 3. Awnings Prohibited. No awnings may be constructed or erected on or
affixed to the exterior of any Dwelling Unit without the approval in writing by Declarant or by
the Association.
Section 4. Temporary Structures. No trailer, basement, tent, shack, garage,
barn, dog kennel or other outbuilding, may be erected on any lot without prior approval of the
Declarant or the Association pursuant to Article X hereof and no such structure 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.
Section 5. Landscape and Lawn Irrigation System. Landscaping on all Lots shall
be approved in writing by the Declarant or by the Association in accordance with Article X. The
development of each Lot and the Common Areas shall include the installation of a lawn
irrigation system on each Lot and the Common Areas which shall be maintained in working
order by the Improvement District. Each Owner recognizes the right of the Improvement
District to enter upon his or her Lot for such maintenance purposes.
Section 6. Simons. No signs or outdoor ornamentation of any kind shall be displayed
to the public view on any building site, without prior approval of the Architectural Committee,
except one sign of not more than five (5) square feet advertising the property for sale or lease.
Section 7. 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 front 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.
Section 8. Oil and Mining Operations. No oil drilling, oil development operations,
oil refining, quarrying or mining operations of any kind shall be permitted upon or in any of the
Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any
of the Property. No derrick or other structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon any of the Property.
Section 9. Livestock and Poultry. No animals, livestock or poultry of any kind
shall be raised or kept on any Lot except that dogs, cats or other household pets may be kept, not
numbering more than two in total, provided that they are indoor domestic pets and are not kept or
maintained for any commercial purpose. Provided however, pit bull dogs or pit bull dog mixed
breeds may not be kept on any Lot at any time.
Section 10. Access. No obstruction shall be placed in the street gutter; curbs
shall be broken at driveways; and driveway grades may not be lowered to meet the gutter line
more than two inches above the gutter grade.
15
ARTICLE XIV
MORTGAGE PROTECTION CLAUSE
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 Association Assessments or
Association charges against such Lot which accrued prior to the acquisition of title to such Lot
by the Mortgagee.
ARTICLE XV
ANNEXATION OF ADDITIONAL PROPERTY
Additional real property may be annexed to the Property and such additional real
property may become subject to the Provisions of this instrument in the following manner:
Section 1. Additions by Declarant. If Declarant, its successors or assigns, shall
develop or caused to be developed, additional real property ("Annexed Property") which is
adjacent or contiguous to the Property, or would be so adjacent and contiguous except for
intervening streets, roads, or easements, Declarant or its successors or assigns shall have the right
from time to time to add such Annexed Property to the Property and bring such Annexed
Property within the general plan and scheme of this instrument without the approval of the
Association, its Board of Directors, or members; provided that such right of Declarant and its
successors and assigns shall terminate ten (10) years from the date this Bill of Assurance is filed
of record.
Section 2. Title to Common Area. Prior to the conveyance of any Lot within
the Annexed Property to an individual purchaser thereof, title to the Common Area, if any,
within said Annexed Property shall be conveyed to the Improvement District, free and clear of
any and all encumbrances and liens, subject to reservations, easements, covenants, conditions
and restrictions then of record, including those set forth in this instrument.
Section 3. Notice of Addition of Territory. Any addition authorized by the
preceding sections of this Article shall be made by filing of record a Notice of Addition of
Territory, or other similar instrument, with respect to the Annexed Property, which instrument
shall be executed by Declarant, its successors or assigns, and shall extend the general plan and
scheme of this instrument to such Annexed Property. The filing for record of said Notice of
Addition of Territory shall constitute and effectuate the annexation of the Annexed Property
described therein, and thereupon said Annexed Property shall become and constitute a part of the
Property, and will become subject to this instrument and the Provision set forth herein and shall
be encompassed within the general plan and scheme of covenants, conditions, restrictions,
reservations of easements and equitable servitudes contained herein, and become subject to the
functions, powers and jurisdiction of the Association; and the Owners of Lots in said Annexed
Property shall automatically become members of the Association. Such Notice of Addition may
contain such additions and modifications of the Provisions as Declarant may deem appropriate in
16
the development of the Annexed Property, and as are not inconsistent with the general plan and
scheme of this instrument. In no event, however, shall such Notice of Addition revoke, modify
or add to the Provisions established by this instrument as the same shall pertain to the real
property originally covered by this instrument. No addition of territory shall subsequently
increase assessment or substantially increase the burden upon the Common Area facilities.
ARTICLE XVI'
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
or law for an injunction to prevent breach or violation of the Provisions is agreed to as 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, the
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 Right 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.
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
17
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. 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 sixty (60%) percent
in area of all of the Lots shown in the Plat or of sixty (60%) percent in area of all Lots shown on
the Plat and shown in the Plat of any Annexed Property (as defined in Article XIV). 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 twenty (20) of the Lots shown in
the Plat are sold and conveyed, (and/or until the same proportion of Lots in any Annexed
Property have been sold), 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.
IN WITNESS WHEREOF, Declarant has hereunto caused these presents to be executed
by its duly authorized officer on the �' day of 2002.
STATE OF ARKANSAS
COUNTY OF PULASKI
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STAGECOACH VILLAGE, LLC
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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 Bud Finley, to me personally well known, who stated that he was the managing
member of Stagecoach Village, 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 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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this r� day
of )11c4l- , 2002.
NOTAR LIC
My Commission Expires:
My Oemmsssian miles
May 1, 20"
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