HomeMy WebLinkAboutLawsuit 021425EXHIBIT
IN THE CIRCUIT COURT OF PULASKI COUNTY, AR.KANSAS
611' DIVISION
BOBBY WILKERSON, Individually and as Trustee of PLAINTIFFS
THE BOBBY GLEN WILKERSON REVOCABLE
TRUST; TOM AND JENNIFER BURNETT, Individually
and as Trustees of THE TOM AND JENNIFER
BURNETT FAMILY TRUST; BRENT MEDDERS,
Individually and as Trustee of THE BRENT JULIAN
MEDDERS REVOCABLE TRUST; JACK AND
WHITNEY BOWER; MICHAEL AND KRISTY SPANN.
Individually and as Trustees of THE KRISTY D. SPANN
REVOCABLE TRUST; KEITH AND BISHAWN MORRIS;
and JAN GREEN, Individually
VS. CASE NO.: 60CV-24-8746
GARY GOODWIN; ANDREA GOODWIN,, and DEFENDANTS
JENNIFER MAUNE
ORDER
ELECTRONICALLY FILED
Pulaski County Circuit Court
Terri Hollingsworth, Circult/County Clerk
2025-Feb-07 11:33:46
60CV-24-8746
C06D06 : 3 Pages
On this the 3rd day of February, 2025, came on to be heard the Plaintiffs' Amended
Motion for Temporary Injunctive Relief, Defendant Jennifer Maune's Motion to Dismiss
Plaintiffs' Amended Complaint and Defendants Gary and Andrea Goodwin's Motion to Dismiss
Plaintiffs' Amended Complaint. Plaintiffs appeared by and through counsel Danny Crabtree.
Defendants appeared by and through counsel Don Campbell. After reviewing the pleadings,
speaking with the attending parties and hearing the arguments of counsel, the Court Finds and
Orders as follows:.
1. As of today's hearing, there is no irreparable hann being suffered by the Plaintiffs
since there are no events being held at the "Goodwin Property" and there are no plans for future
events to be held at the Goodwin property. The "Goodwin Property" is defined herein as the
home located at 3708 Garrison Rd, Little Rock, AR 72223 and the property upon which the
home sits which consists of approximately 25 acres.
2, Plaintiffs' Amended Motion for Temporary Injunctive Relief is DENIED without
prejudice.
3, When reviewing a Motion to Dismiss under A.R.C.P 12(b)(6), the Court treats the
allegations of the Complaint as true and views them in the light most favorable to Plaintiffs,
4. Separate Defendants Gary Goodwin and Andrea Goodwin's Motion to Dismiss
Plaintiffs' Amended Complaint is DENIED.
5, The Court inquired of Defendant Jennifer Maune as to whether she claimed an -,,-
present ownership; right or interest of any kind, legal or equitable, in and to the Goodwin
Property, Defendant Jennifer Maune stated that she does not, and that she disavows any present
legal and equitable interest in the Goodwin Property,
6. The Court further stated that if Defendant Jennifer Maune is dismissed from this case,
that any rulings made by this Court in this case will be binding upon the Goodwin Property and
the parties no matter what.
7. With that understanding, Defendant Jennifer Maune stated her desire to be dismissed,
8. Defendant Jennifer Maune's Motion to Dismiss Plaintiffs' Amended Complaint is
GRANTED, and Plaintiffs' Amended Complaint against Defendant Jennifer Maune is
DISMISSED.
2
IT IS SO ORDERED.
Prepared and submitted by:
/s/ Danny R. rab ee
Danny R. Crabtree (Ark Bar 2004006)
Attorney for Plaintiff"
10201 W Markham, Ste. 328
Little Rock, AR 72205
501-372-0080
danny ci;crabtreela«var.com
Attorneyfor Plaintiffs
Copy to:
Donald K. Campbell
Campbell, Grooms & Spaulding, PLLC
8114 Cantrell Road, Suite 100
Little Rock, AR 72227
501-313-4967
don@cgsfirm.com
Attorneyfor Defendants
4t6-1DGE
b
EXHIBIT
10/31/2861 09:52:49 AN
Filed 6 Recorded in
Official Records of
CAROLYN 9TALEY
PULASKI COUNTY
CIRCUIT/COUN'i r LLERK
Fees $56,00
EXHIBIT "C" TO THE LAND SALE AGREEMENT
DECLARATION OF COVENANTS, RESTRICTIONS,
EASEMENTS, CHARGES AND LIENS
FOR GOODWIN ESTATES
* "00092
This DECLARATION, COVENANTS, RESTRICTIONS, EASEMENTS,
CHARGES AND LIENS FOR GOODWIN ESTATES (this "Declaration") made
this 16 rh day of October 2001, by Gary Goodwin and Andrea Goodwin, husband and wife
(hereinafter referred to as the "Goodwins"),
RECITALS:
Goodwins 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 Property be divided into building lots of greater than 5
acres each by the Goodwins, and that the Property be held, owned and conveyed subject to
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 which
the Goodwins intend to sell to Jack lartsell and Paula A. Hartsell, husband and wife, and
Claude M. Ballard and Mary B. Ballard ("Purchasers"):
That land described on Exhibit `B", affixed hereto and by this
reference expressly made a part hereof,
NOW THEREFORE, the Goodwins, for and in consideration of the benefits 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 �a� �:F ided, with the
exception of paragraph 12 which shall be perpetual, to -Wit
L4j
DECLARATION / PAGE 1
w
a.!�; AFfitA.
y_
2 0()093
l . SCOPE OF RPM LT -ION'.
ON.
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 having 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 class 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 si,-x, shape and boundaries of any Lot widen the Addition, so long as such
Lot includes more than 5 acres of land. Goodwins shall fix the boundaries of Lots within the
Addition by the execution and filing for recordation in the office of the Circuit Clerk and ex
officio Recorder of Pulaski County, Arkansas of a written instrument (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 Goodwins 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 the
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. LAND USE AND BUILDING 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 fly (50) feet froin
any property line and seventy-five (75) feet from front property line 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
shall not project beyond the minimum setback line, but, except as herein limited, eaves and
cornices may overhang the building setback lines.
DECLARATION / PAGE__2
200094
In the event that any person who owns a Lot in the Addition (a "Lot Owner")
purchases two (2) or more contiguous lots, then the Lot Owner may build within those Lots
as if it were one Lot, subject to the other requirements herein.
No business or commercial use shall be carried on or permitted in any structure or in
any portion of this addition. This includes, but is not limited to, the leasing of any portion
of any structure on the Property. In addition, no noxious or offensive trade or activity shall
be carried on upon any Lot, nor shall anything be done thereon which may be or become a
nuisance to the neighborhood.
Notwithstanding any otherprovision ofthis Declaration, the Purchasers and their heirs
and assigns shall have the right to divide the Mountain Top Lot into not more that two lots,
neither of which consists of less than five acres, provided that the dividing line between the
two lots consists of a straight line.
3. DWELLINGS E AND QUALITY,
The size, design, location and site development of any dwelling, permitted accessory
building, wall, fence, or any other structure built in the Addition shall be subject to the prior
approval of the Goodwins as provided in paragraph 4 herein.
No Lot Owner shall build and the Goodwins shall not approve any plans which
provide for construction of residences on a Lot or Lots in this Addition having less than four
thousand five hundred (4,500) square feet of heated and cooled liveable floor space,
exclusive of garages, measured by the outside wall dimensions. All dwellings placed upon
any Lots shall be of new construction and shall be of the highest class workmanship and best
quality materials. No building shall be erected, altered, placed or permitted to remain on any
Lot other than one (1) detached single-family dwelling not to exceed two stories in height.
Each dwelling on any Lot must have a private garage for the storage of not less than two
automobiles. Garages shall have a minimum of 400 square feet with minimum outside
dimensions of 20 x 20 feet. All garages shall be finished inside and shall be fully enclosed
with garage doors..All driveways in the Addition shall consist of a hard surface acceptable
to the Goodwins:
No existing, erected building or structure of any sort may be moved onto or placed
on any of the Lots.
No temporary or permanent structures shall be utilized for living quarters on any Lot',
including, but not limited to: trailers, mobile homes, manufactured housing, tents, shacks,
recreational vehicles, or other outbuildings.
DECLARATION / PAGE 3
�00095
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 of the 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, ARC]ftIT'ECTURAL CONTRGL.
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 Goodwins intend to keep the image of the Addition
as a family neighborhood of compatible architectural styles, materials and colors which blend
harmoniously with the natural setting of the Addition. Because of the terrain of the Addition,
the Goodwins recognize that special situations 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
tiO0U96
5. ARCHITECTURAL APPROVAL PROCEDURE.
(a) Procedure for Obtaining —Approval from The- o ins.
Any Lot Owner seeking to obtain the required approval of any plans for construction,
modification or alteration or improvements on his, her or its Lot shall prepare detailed
architectural plans for the project and submit two (2) copies of the plans to the Goodwins,
If, with thirty (30) days from the date of delivery of such plans to the Goodwins, the owner
has not received written notification of deficiencies in the proposal for such construction or
alteration or improvements, the Lot Owner may proceed with such construction or alterations
as though affirmative approval had been received from the Goodwins. A written receipt from
the Goodwins shall be prima facie evidence of the delivery of such plans and the date
thereof.
(b) P oc ure ar No Mcation of Defide ties.
Notice of any deficiencies shall be given to the Lot Owner at the address for the Lot
Owner indicated in the city telephone directory or as otherwise indicated by the Lot Owner,
in writing, by certified mail with return receipt requested. If deficiencies are noted in the
proposed plans and called to the Lot Owner's attention within the thirty (30) day period
following delivery, the Lot Owner shall not proceed with any such construction or alteration
until such deficiencies have been corrected to the satisfaction of the Goodwins. After the
deficiencies are corrected, the Lot Owner must modify his or her plans and resubmit them
to the Goodwins for approval.
(c) Procedure for Enforcement of R
&striction .
Any Lot Owner may report a violation of any of these restrictions to the Goodwins.
A charge often dollars per day will be charged by the Goodwins to any Lot Owner who does
not adhere to these restrictions. The charge begins to accrue three (3) days after the
Goodwins notifies the Lot Owner, by certified mail, that the he or she is in default and has
three (3) days to correct the default. If the Lot Owner does not cease the violation after the
three (3) day period, the Goodwin shall have full power to enforce all of the restrictive
covenants of this Declaration by any legal means as fully as though they were the Lot
Owners of property in the Addition and whether or not they are actually owners of property
in the Addition. Such enforcement shall be by any procedure at law or in equity against any
person or persons violating or attempting to violate any of the restrictions for any available
remedy, including, but not limited to, specific performance, injunctive relief, or monetary
damages.
DECLARATION / PAGE 5
4,00097
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. GENERAL RE5TRICTIQ S.
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 property for sale should it be offered for sale
by the Lot Owners.
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 on 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 unkept Lots to be mowed and to remove dead trees, plants
or other vegetation and debris from such Lot if, after ten days' notice in writing, from the
Goodwins to the Lot Owner, the Lot Owner has failed or neglected to do so, and the
Goodwins shall be entitled to a lien on such Lot for the cost of such work.
DECLARATION / PAGE 6
0400098
No inoperable or unlicensed vehicles shall be allowed to remain on any Lots.
Hunting and discharging of firearms in the Addition is prohibited.
No satellite dishes or similar equipment with a radius in excess of 18 inches may be
located on any Lot.
7. D__MSION_a LOTS,
No Lot may be subdivided into more than one lot.
8. DEM110N Of "PR.INCRAL DWELLING" AND OTHER TERMS.
The term "principal dwelling," "resident" or "principal residence" or "dwelling" as
used in these restrictive covenants shall refer to a residence meeting the requirements hereof
and approved by the Committee for construction in the Addition.
9, EASEMENT AND RIGHT-bF-'LAY GRANT.
Goodwins hereby grant, bargain, sell and convey unto each Lot Owner and to their
heirs and assigns forever, a perpetual non-exclusive street easement and right-of-way on,
over and across the following described land (the "Common Easement Property") lying and
being situated in the County of Pulaski, State of Arkansas, and described on Exhibit "C",
affixed hereto and by this reference made a part hereof. Goodwins have constructed or have
contracted with Purchaser to construct a blacktopped and gravel roadway, gated entrance and
landscaping across and over the Common Easement Property, which shall be accessible for
ingress and egress by each Lot Owner, his immediate family living with said Lot Owner and
his invitees, to the Property, which rights shall run with the land. Neither the Common
Easement Property nor any lakes or ponds built in the Addition shall be open to the public
and the Goodwins may control access to the Common Easement Property by use of locks and
keyed entry to the Addition. Goodwins shall have the exclusive right to determine the
amount and nature,of any maintenance and improvements in or on the Common Easement
Property and shall have the exclusive right to construct any improvements in or on the
Common Easement Property.
Each Lot Owner shall reimburse the Goodwins for their pro-rata portion (the "Pro-
Rata Portion") of the costs of maintenance of and future improvement for the entrance gate,
fences, road, landscaping and utility usage on or for the Common Easement Property;
provided, however, that the total costs shall not exceed the sum of $10,000.00 each calender
year unless such expenditures in excess of $10,000.00 have been approved by prior written
DECLARATION / PAGE 7
2Uo099
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-Rata 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 Goodwins). 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. PERSQN BQ= BY MESECOVENANTS.
The Goodwins 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
200100
or under them shall be taken to hold, agree and covenant with the Lot Owners of other Lots
in the Addition, their heirs, successors and a�sto and�e agreements ts shall be personally
d agreements
herein set forth and contained. None of such covenants
binding on any person, persons, or corporations except with respect to breaches committed
during'its, his or their holding of title to Lots in the Addition. Any Lot owner shall have the
right to sue for and obtain an injunction, prohibitive or mandatory, to prevent
a containof
ed
ed
or to enforce the observance of any of the covenants, agreements
herein together with any other rights to which they might otherwise be entitled under the
laws of the State of Arkansas. The invalidation of any one of these covenants, restrictions
or agreements herein contained by the order of a court of competent jurisdiction shall in no
way affect any of the other provisions hereof which will remain in full force and effect.
12. CONSTRUCTION AND UTUJUES. Any dwelling constructed on any Lot
must be completed within one year from the date thatconstruction
orstored u on any Lot in the
nced. No
building material of any kind or character shall be pP
Addition until the Lot owner is ready to commence construction of the improvements
requiring such materials. Building materials shall never be placed or stored in any street.
Each Lot Owner must provide adequate and proper sewer facilities and water supply
system for said Lot, in conformity with the then current regulations of the Arkansas State
Health Department. Exposed overhead wires and cable for utility services are prohibited in
this Addition. All utilities must be installed underground and be in compliance with
appropriate utility owners and agencies having jurisdiction over the Addition. Where streets
are cut for utility crossings or any other damage caused by a Lot Owner, his agents or
contractors, repairs roust be made by the Lot Owner cndition comparablesuch dta the conditions
age within a
reasonable time and such streets must be repaired to a
of such streets prior to such damage and acceptable to the Goodwins.
13. ANNEXATION OF ADDITIONAL LANDS TO A 'T'T'ON.
The Goodwins shall have the right, from time to time, to annex additional lands to the
Addition, and thereby subject the same to the restrictions and covenants applicable to the
lands in the Addition as provided herein by the execution and filing for recordation
n an
office of the Circuit Clerk and ex officio Recorder of Pulaski County,
instrument expressly stating intentions so to annex and describing such additional lands to
be so annexed and the covenants and restrictions applicable thereto.
DECLARATION / PAGE 9
14.
- -- .-_•_��.•�..lr,_e,ir i V�' UL+ I_LAHATIQN.
This Declaration shall run with the land and shall be binding on all parties and all
persons claiming under them for a period twee 2Q years fis recorded with the Pulaski County Circuit Clerk and )R carde� smp the
date this Declaration
this Declaration shall be autnmatical]y extended for successive periods of ten (10) years ce. After this 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 ofLot 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 olrice. Provided, however, nave 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 Goodwins owns any part of the Addition.
15. ASSIGNMENT GF GGpDWItNS' RIGHTS AND MUM.
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 shall, to the extent of such assignment, assume Goodwins' dudes hereunder, have
the same rights and powers and be subject to the same obligations and duties as are given to
and assumed by the Goodwim herein. Upon such assi Il
the extent threof,
Goodwins shall be relieved from all liabilities, obligations and dunes hereunder. ent� and toeThe terme
"Goodwins" as used herein, includes all such assignees and their heirs, successors and
assigns.
1N WITNESS WHEREOF, the Goodwins have hereunto set its hand and seal this
16th day of . October 2001.
Gar'} Go w4
An ea Go dwin
r
DECLARATION / PAGE to
200102
STATE OF ARKANSAS
COUNTY OF PULASKI
ACKNQWLEDG 11 NT
On this 16th day of october , 2001, before me, a Notary Public, duly
commissioned, qualified and acting, within and for said County and State, appeared in person
the within named Gary Goodwin and Andrea Goodwin, to me personally well known, who
stated that they executed and delivered said foregoing instrument for the consideration, uses
and purposes therein mentioned and set forth.
IN WITNESS WHEREOF, I hereunto set my
My commission expires: 8/25/2010
1\W2kwrverWoe aarrWB`�GoodwnSatel1&26RestrictionsCoveasrb4.wpd
DECLARATION / PAGE 11
NOT.
and official seV�,
i 11[ Ito 0 It
,,••+�y AN P1 ''"•�,
NOTARY
PUBLIC •a
EXHIBIT A 200103
DESCRIPTION OF THE
"PROPERTY"
Attached
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200104
=IJ:BXT "A" TO THE DECL RMON OP C0N7ENAyTS
Tract I: Part of the Northeast%, Northwesr % and the Northwest %, Northeast Yv of Section
25, Township 2 North, Range 15 West, Pulaski County, Arkansas being more
particularly described as follows:
Beginning ar the Southwest corner of the Northeast % of the Northwest Y4; thence
North 00 ° 02' 04" West along the best line of the Northeast % of the Northwest V
a disw ce of 1387.28 feer ro the Northwest corner of the Northeast % of the Northwest
%; thence South 89 ° 53' 49" East along the North line of Section 25 a distance of
2 62 4.91 feet to the Northeast corner of the Northwest Y4 of the Northeast Y4; thence
South 01 " 00' 48" Easr along the East line of Northwest % of the Northeast V4 a
distance of 1334.75 feet to the Southeast corner of the Northwest Y4 of the Northeast
Y4; thence South 88' 57' 40" West a distance of 2648,11 feet to the P017VT OF
BE.G.l?MVG containing 82.37 acres, more or less.
Tract 2: Part of the Southwest �14 of the Northeast �14 of Section 25, Township 2 North, Range
15 West, Pulaski County, Arkansas being more particularly described as follows:
Starting at the Southwest confer of the Northeast it of the Northwest !/a of Section 25;
thence North 88 ° 57' 40" East along the South line of said Northeast Y4 of the
Northwest % a distance of I539.11 feet to the POBVT OF BEGBVVPTG; thence
continuing North 88 ° 57' 40" .East along the South line of the Northwest V4 of the
Northeast VI a distance of 1109, 00 feet to the Northeast corner of Southwest % of the
Northeast %; thence Souza 00 " 39' 33 " East' along the East line of said Southwest Ys
of the Northeast �41 a distance of 1335.67 feet to the Southeast corner of the said
Southwest % of the Northeast %; thence North 40 " 31 ' 00 " West 1730.39 feet to the
P0flVT OF BEGHMVG containing 17. 002 acres, more or less.
Commercial Appraisals, Ltd 7
EXHIBIT B 200105
DESCRIPTION OF THE
"MOUNTAIN TOP LOT"
Attached
r
... ..--.•.,.». ... ..�.. ::._ ..— .. _-�_ ..._....,:.:.�......r..•..... .. .. _....-.. .... _._... � �.�,. �, v �,u�.;�t+k;1N �•�.iYknY?4f5diC�.�4di::�i�"�'''r
����rr� �ry � � 1 , �' • �_..;•• � i�.4:;"_ . w•r r•�fi.7,�y�iL•v"r�:L�" �'!a� ,rk,._4�: �`�_,;,,�,
� { t�1'tli1:i:'a',',Pihl'1v1iti,�L�� nk;� ".vf..•S�a7�.�"' 'i�i.1.�C..S«:31+S:�i, it �rH ,
200106
IT "B" TO THE DECLARATION 0IT COV LINTS
Pra�erty DeSCTtiptiOn
Par-'r of the Norrhzuest ;4 of the jVortheast % of Section 25, rournship 2 1tivrcii Rar+ge 75 37ast,
?zcLasxi Ccr3ir� 1, -7CWrr~crs being more pal, uLa: Zy desc��ed c�5 fpi�vs;
said rVcrthwest '-4 of the A]nr�heast '4 of Sectim -95; tiwwa
.BEGYN..��VG at the Northeast aorrzer of saw �grrrth�uest �A of the yorihe¢st � � dlist�.nce of
South 00051' 18' East' adrrng t7aa East bate of act wide gravel r=4 t'rrence along said
388.97 feet to a point n 0W Centerdirce 15 fo
ot
aeznterltne the f oiF,o�i: tg eleven �1 } courses and distances: (1) thence Nnz-sia 58°08' S3" West, a,
e along
distance of 94.61 feet; (2} thence No7ti)t 6 ° i 6` 58" n a- a Tzg ar+of ce � 41.16
1 • et eet;and (a) cr+.ard whi&&
a curve to the beJ't havjTLg• a -radius of f 5.55 feet a�a rr:rc Zerr h of
bears South, 4-4'30'39" 3Pest 30.7E -feet, (4-} thenceSvutiz 51'a8'4.2" Ernst, a distar�e ❑f 7.&� feet;
r
(} t ics South 51,08, 42' Past', a distance of 34-86 feet; (6) shsTcce South 37'd9' 29 East, ar
distarz^e of 9'I..27 feet; thence azang a curve to fire '�V itavirtg a r�cdius of 65.17 feet an �
I h of 51_ feet rsrzd a chard which bears South1.2'24' 48" East 50.11 feet; (7) th =e South
0 5' ¢st, a distar�.ae of �9.66 feet; ($} -;he=e South. 12"00' 17" 7sst, a disca=a of 89.93
a c�crve to the right h Lvj7 g a radices of 2,21.32 feel are arc zc7- g iz of •206.d&
feet; (5} thercce �-t+7Z9 themwe South 7"66' 01 " West',
feet coed a chard wi�.•rch. bears Sout�i }3�est 198.07 teat; distance
a dzsta=e of 117.36 few; (11 ) thO=c South 63°31'S8° rest a 0'6,2 of 55 97 T�aTweh�139.50
.L�orth 18' 16' 05" West, a distance of 39.12 feet; thence YoT-t�z Thence North $1 50' E3a' r�est,� a
feet; t'h.ence North 48"53' 32- 37est, a distance of ,203.88 f
rLzstarzce of 2Qv-84 feet; tharaca North -44v58'27" vest, a &Zsza-noe of .251.2E feet; th"r"n" No77th
eet
44'58'27' vest, a distance of 100-00 feet; the we 1�Ta�Ft 0�°06' 1st Eo;stt�cde South 9wncz of � fi 53'44.99 T d63
to rx poz�t an the North 17,m of said Na'r ffvwest X of tree Narther�st � .
Lust ctlang said ldar-tra lie+ , disco rce of 1077.68 feet to th.e POEVT OF .B-�'GDVVWG containing
13
cores, Tnare o-r Less.
20010'7
EXHIBIT C
DESCRIPTION OF THE
"COMMON EASEMENT PROPERTY"
Attached
.. �00108
SIT "C" TO TET DECLUUTXON OF COVENANTS
InUTMS.S R.reSS EaSa7nerzt
"?a rc of the Vo�-sheusr of the Narc east :w of Seatiar& �25, Towr�ai� W 2 Narin, Rrtnge 15 �Yest,
uiccs C"U,_,, r]cr�+sas beiraq mare pavrt�L�'�1 dasaraosd as fo ws;
CvmTreer�c�rcg aw L'rLB N. mfihwes� aarnsr of said 1�TOr�Ft2Ga-t r4 Of t7w NortheaTt / ttze=,g S'oux�� 00'51' 18"
ust adonq Liza 7Yest 1,7w of said Nom;east ar` -th_, Northeast °�i, a disc not of 3$9.17 to the Paul'!'
OF SEG!LV-N7yG; augws Sa�tdh. 57'•S7 i6' East a dzs aszoa of 235.iS feet; 7aari:e ll�rih 63"18'•c49" usf,
a
Sta<rxca of 52�i.98 feet "a d point
t7 oartte�rj.rme of G!aT-,zoo Road (60' 1?/F); t a=,? Svua 43'C8' f9'
Easy' Maria said aarteTdine. a dis't=c of Sf.32 feet; t'"'We So%ih
83.22' 79' West a: diEstwnca of 0-70.31 fast: Wmff ce North 57'56'49" Writ' a: dist=ce of 207.13 Jest to ct Ports
on tTae West Lane of s¢id Northaa�st �� of the Yc)Ttheast % thence Nora& 00"S7'18" Yesi aloTzg said l�es�
N,ne, a, distanca of 59.St feet to flaw poDM aF avGLvjV NG oantairring 0.628 acres, more aT less
EXHIBIT
C
Hi Ferndale Neighbor,
My name is Jennifer Maune, and I'm writing to share that my family is planning to take ownership of
Goodwin Manor as our primary residence. -The property will first and foremost be where we raise vur six
Young children. We are going before the City of Little Rock to request a zoning change. Originally the City
recommended a planned Commercial Development (PDC), but after much discussion and adjusting our
plans, they have agreed to an Agricultural Farm (AF j zoning, which we are thrilled, about, as that is what
we were wanting from the beginning.
The AF zoning is much more fitting for Goodwin Manor, as itwill remain first and foremost, a family
home, Since it was constructed, the Goodwin Family had vegetable gardens, small.scale poultry and
horses. The on final barn plans have -remained with the home through the years, -and we hope to:add a
g
barn in the years to come, honoring the timeless architecture of the home.
The AF zoning is the best match for our family's primary passions - honoring and tending -the
and
having a home for our*six children where they can run -and play outside, love -on their pets and enjoy the
bounty Mother Nature provides to the citizens of Ferndale. We believe in land conservation, so we wantto
protect the peaceful environment that surrounds Ferndale. The propertywillrlot be used as an eyent
center, or for large-scale farming activities,
A little about us; Hy husband Brian and I were -.born in Little Rock: After college) we raised,-our-famKy in
West Pulaski Country, and our children attend school locally in the Pulaski Gaunty Special:S and Ilhave
District (PCSSD). My husband served as a volunteer'on the PCSSD School Board for 7 years,
been active in our Elementary, Middle and High Schools as a volunteer Homeran Om,11 aOheart or
Member and I love.feeding the Robinson football team. We attend church Locally
serving multiple charities. We.love cur hometown of Little Rock -and plari to take great care of Goodwin
Manor.
ition of
With the many AF properties surrounding the Ferndale community and su. portive of thisFerndale
ill be initiative that
celebrating and supporting gardeners and farmers', we hope you wpp
will further enhance the natural beauty Ferndale offers,
Sincerely,
Jennifer Maune
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