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HomeMy WebLinkAboutExhibit A 122624EXHIBIT �4 j. 2801OBS269 10/31/2081 89:52:49 AN Filed d Recorded in Official Records of CAROLYN STAL.EY PULASKI COUNTY CIRCUITICOUKi Y LLERK Fees 156.80 EXHIBIT "C" TO THE LAND SALE AGREEMENT DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENT'S, CHARGES AND LIENS FOR GOODWIN ESTATES 1"00092 This DECLARATION, COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS FOR GOODWIN ESTATES (this "Declaratiorf') made this 16th day of octobey 2001, by Gary Goodwin and Andrea Goodwin, husband and wife (hereinafter ref xred to as the "Goodwins"). RECITALS: Goodwin are the owners of the following lands (the "Property'"), which is approximately 99.372 acres in size and all of which said Property lies in the County of Pulaski, State of Arkansas, to wit: That land described on Exhibit "A", affixed hereto and by this reference expressly made a part hereof, and it is deemed desirable that the PropertyProperty dibuilding nd conveyed subject to acres each by the Goodwins, and that the P rty be held, owned the protective covenants herein contained. Furthermore. The Property includes the following tract of land (the "Mountain. Top Lot"), which is approximately 13.5 acres in size and whieb the Goodwins intend to sell to Jack Hartsell and Paula A. Hartsell, husband and wife, and Claude M. Ballard and Mary B. Ballard ("Purchasers'): That land described on Exhibit `S", affixed hereto and by this reference expressly made a part hereof, NOW THEREFORE, the Goodwins, for and in consideration ofthebenefits to accrue to them, which benefits they acknowledge to be of value, declare that any interest in the Property shall be held, owned and conveyed subject to and in conformity with the following covenants which, subject to being amended or cancelled ag.h 8 vided, with the 12 which shall be perpetual, to-1,,iar exception of paragraph P rP s Cco C n 0 Y s, ,d DECLARATION / PAGE 1 200093 SCOPE OF APPLICATION. Goodwins are the owners of Property (also referred to herein as the "Addition"). Goodwins intend that the Addition be developed into a controlled gated residential community of estate -size tracts (the "Lots", or a "Lot"), with each. Lot laving an area of more than 5 acres, to ensure the protection and privacy of homeowners situated within the Addition. The residences will be single-family residences of the highest Glass of workmanship and the best quality of materials. Any structures built on, and all activities occurring on, the Lots are to be in accordance with the general plan to develop this property for the highest class of residential occupancy. However, Goodwins retain the absolute right to determine the size, shape and boundaries of any Lot within the Addition, so long as such Lit includes more than 5 acres of land. Goodwius skull fix the boundaries of Lots within the Addition by the execution and filing for recordation in the office of the Circuit Clerk and ex ofcio Recorder of Pula4i County, Arkansas of a written imtrwnent (including a deed) expressly stating intention so to fix the boundaries of a Lot so described in this instrument. The Mountain Top Lot is a Lot for purposes of this Declaration, subject to the provisions of Section 2 hereof A Lot shall be deemed, for purposes of this instrument; to include more than 5 acres if the Goodwu�s have obtained a description of the Lot from a land surveyor who states that such Lot includes more than 5 acres, even if such description states he acreage is "approximate" or "more or less" than a number of acres which is more than. 5 acres, The Goodwins Hereby retains the right to reserve all mineral rights in the Addition at the time of any conveyance of land or Lot In the Addition. 2. ](,Alm? I]SE AVn SUZLDING TYPES. Each Lot shall be used for single-family, residential homes only and be more than 5 acres in area. No Lot may be subdivided into more than one lot, except as otherwise provided herein; and provided that Goodwins may subdivide the Property as set forth in. Section I hereof. No structure shall be erected on any Lot nearer than fifty (50) feet from any property line and seventy-five (75) feet from front property fine or any other access or easement point. Front property line refers to the property line adjacent to the Common Easement Property. Porches, steps, chimneys, window boxes and other portions of a permitted structure shallnot project beyond the minimum setback line, but, except as herein limited, eaves and cornices may overhang the building setback lines_ DECLARATION / PAGE 2 1600095 No accessory buildings on any Lot shall be built in front (i.e. facing the Common Easement Property) of the rear building line of the main structure. The interior area of any accessory buildings will not be included in the determination ofthe minimum dwelling sizes. All accessory buildings will be aesthetically compatible with the main structure and of permanent type construction consistent with the Scope of Application in Section 1 hereof. There is to be no more than one (1) accessory building per Lot. No accessory building will be permitted or constructed nearer than fifty (50) feet to any property line of the Lot or between the building line of the principal dwelling and any of the Common Easement Property as described in Section 12 hereof. All fences are to be constructed of wood, brick, or natural stone. Barbed wire, chain link, or any other fencing of this nature is forbidden. It is the intention of this covenant to require permitted fencing to be of a decorative nature and not solely utilitarian. Any fence shall be aesthetically compatible with the main structure and of permanent type construction. Retaining walls, ornamental fences composed of brick, wood or natural stone construction may be permitted on a Lot, provided, however, no fences shall be constructed between the dwelling and the Common Easement Property or closer than fifty (50) feet of the Common Easement Property. 4. ARCHITECTURAL CONTROL. No residence, permitted accessory building, fence, wall or other structure shall be constructed, created or maintained upon any lot in the addition, nor shall any modification, alteration or change be made in the exterior of any existing residence or permitted accessory building until the construction, grading and drainage and landscape plans and specifications showing the nature, size, shape, dimensions, materials and location of the same shall have been submitted to and approved, in writing, by Goodwins, or Goodwins have waived their right in the manner hereinafter provided. Approval of plans for construction of principal residences and permitted accessory buildings shall not be unreasonably withheld by the Goodwin based upon the style of design of the exterior of such proposed principal residences as long as the same are designed, in whatever style, in accordance with the highest standards of architectural design. The Goodwin intend to keep the image of the Addition as afamily neighborhood of compatible architectural styles, materials and colors which blend harmoniously with the natural setting ofthe Addition. Because ofthe terrain ofthe Addition, the Goodwin recognize that special situation may arise which will require necessary deviation from dwelling location requirements, but such deviation may only occur upon prior written approval of the Goodwins. The Goodwins shall incur no liability by reason of its refusal to approve any plans or specifications submitted hereunder. DECLARATION / PAGE 4 -0009'7 Any costs of enforcing these restrictive covenants; including reasonable attorney's fees, shall be paid by the violating Lot Owner. In addition, the Goodwins may assess a reasonable fee to all Lot Owners for the purpose of obtaining legal counsel, but only if it become necessary to seek the advice of an attorney to enforce these restrictions. 6. GES. No signs, billboards, posters or advertising devices shall be permitted upon any of the Lots in this Addition except that the owner of each lot may place house numbers and the Lot Owner's name upon his or her mail box or dwelling; however, each letter thereof shall be no more than 6 inches in height and 6 inches in width; and Lot Owners may place a sign not more than 4 square feet in size advertising the pro by the Lot Owners. perty for sale should it be offered for sale No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except for horses, not to exceed two horses per Lot, which may be kept for domestic Purposes only. Other household animals, including dogs and cats, may be kept as pets, provided that they are not kept, bred or maintained for commercial purposes or kept in such numbers or manner as to constitute a nuisance, danger, or health hazard or so as to interfere with the peaceful enjoyment by other Lot Owners of their Lots. No trash, ashes or other refuse may be thrown or dumped one any of the Lots. Further, during construction, no trash may be burned on any Lot. All waste must be removed from the Lot by use of a licensed waste removal company. No mail carts, dune buggies, golf carts, ,mobile homes, commercial vehicles, travel trailers, campers, boats, motors or trailers shall be kept on the Lot or in the street adjacent to any Lot except that such items may be stored or parked inside an enclosed garage or similar enclosure so screened with fencing or plant material as not to be visible from the street. Grass, weeds and vegetation shall be kept mowed and cleared at regular intervals on each Lot by the Lot Owner thereof so as to maintain the same in a neat and attractive manner. No debris shall be allowed to accumulate upon any Lot. Dead trees, shrubs, vines and plants shall be promptly removed from each Lot. The Goodwins shall have the right, privilege and option to cause any imkept Lots to be mowed and to remove dead trees, plants or other vegetation and debris from such Lot if, after ten days' notice in writutg, from the Goodwins to the Lot Owner, the Lot Owner has failed or neglected to do so, and. the Goodwins shall be entitled to alien on such Lot for the cost of such work_ DECLARATION PAGE 6 016 consent of a majority of the Lot Owners obligated to reimburse such costs and provided, further, however, that the Purchasers, personally and not their respective heirs and assigns, shall not be obligated to reimburse any costs unless all the Purchasers shall first have approved such expenditures by a prior written consent. The Pro -Bata Portion shall be a percentage determined by dividing one by the number of single family residential houses constructed in the Addition (which on the Effective Date consists only of the single-family residential house of the Goodwin). Once a single-family house has been constructed on the Mountain Top Lot, the Pro -Bata Portion shall be 50% until other houses are constructed in the Addition. The obligations of Lot Owners to reimburse costs for maintenance and improvements pursuant to this instrument shall constitute a lien against the portion of the Property owned by such Lot Owner who owes same until the obligations are paid in full. The Goodwins, their designees, successors, heirs and assigns, shall respectively have the right, power and authority to enforce the collection of any such charges, if not paid on demand, by proceeding in the Chancery Court of Pulaski County, Arkansas, the same as other liens are enforced on lands located in said county and said liens shall cover and include all costs incurred in enforcing same, including a reasonable attorney's fee. 10. PERsms Bo ND BY THESE COVENANTS. The Goodwin and all Lot Owners of Lots in the Addition shall be deemed to have agreed and covenanted with the Lot Owners of all other Lots in this Addition and with its or their heirs, successors and assigns to conform to and observe the restrictions, covenants and stipulations contained herein for a period of 20 years from the date these covenants are recorded, and these covenants shall thereafter automatically extend in effect for successive periods of 10 years unless prior to the end of the original term or any successive term of the application hereof the then Lot Owners owning a majority of the land area of Lots in the Addition agree to the amendment or removal of these covenants in whole or in part. These covenants may be amended at any time by the then Lot Owners of Lots owning a majority of the land area of Lots in the Addition. No changes in these covenants in the manner herein set forth shall be valid unless the same shall be placed of record in the office of the Recorder of Pulaski County, Arkansas, duly executed and acknowledged by the requisite number of Lot Owners. 11. RIGHT TO ENFORCE. The covenants, agreements and restrictions herein set forth shall run with the title to the Lots in this Addition and bind the present owners, their heirs, successors and assigns, future owners and their heirs, successors and assigns; and all parties claiming by, through DECLARATION / PAGE 8 200101 14. DL-RATIUN OF' COVENANTS- AMENDMENT OF DECLARATION. This Declaration shall run with the land and shall be binding on all parties and all Persons claiming under them for a period twenty (20) years from the date this Declaration is recorded with the pulasla County Circuit Clerk and Recorder's office. After this period., this Declaration shallbe automatically extended for successive periods of ten (10) years each unless and until terminated as provided in this paragraph! 17. These covenants can be amended or terminated by the recording of an instrument signed by a majority of Lot Owners (with each Lot Owner or Goodwins owning more than one Lot being treated as a separate Lot Owner for each Lot owned by that Lot Owner or Goodwins for purposes of determining a majority) of the Lots owned by the Lot Owners and Goodwins in the Addition in the office of the Pulaski County Circuit Clerk and Recorder's Office. Provided, however, none of the restrictive covenants herein contained may be modified, terminated, amended or canceled prior to the end of the initial twenty (20) year term, without the prior written consent of the Goodwins, as long as Goodwin owns any part of the Addition 15. ASSIGN wyr OF GOODWiNS' RIGHTS AND DUTIES. AnY and all rights, powers and reservations of the Goodwins herein contained may be assigned in good faith by the Goodwins to any responsible person, corporation or association Or committee who has a legitimate interest in the subject matter hereof, which will assume any or all of the duties of Goodwins hereunder, and upon any such person, corporation or association's evidencing its consent in writing to accept such assignment, said assignee shah, to the extent of such assignment, assume Goodwins' duties hereunder, have the same rights and power and be subject to the same obligations and duties as are given to and assumed by the Goodwit s herein. Upon such assignment, and to the extent thereof, the Goodwins shall be relieved from all liabilities, obligations and duties hereunder. The Term "Goodwin" as used herein, includes nit such assignees and their heirs, successors and assigns. IN WITNESS WHEREOF, the Goodwin have hereunto set its hand and seal this 16th day Of 2001. �7XZ craryl Go Al eaLGo dwi ]DECLARATION / PAGE 10 EXHIBIT A 200103 DESCRIPTION OF THE "PROPERTr' Attached EXHIBIT B 200105 DESCRIPTION OF THE "MOUNTAIN TOP LOT"' Attached 200107 EXMBIT C DESCRIPTION OF THE "COMMON EASEMENT PROPERTY" Attached