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HomeMy WebLinkAboutS-1332-B ApplicationCity of Little Rock Planning and Development Filing Fees Date: 9 1,-)j 20Qi?, 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. Total $ 4A CODS File No. Locatiop tit7 - Applicant By "—) �5 / 3 Ied C F:PC0FCl E. T �. PU t BILL OF ASSURANCE HICKORY POINTE, AN ADDITIOW TO THE CITY OF LITTLE ROCK, ARKANSAS GEORGE G. GLEASON II AND LINDA D. GLEASON TO THE PUBLIC: KNOW ALL PERSONS BY THESE PRESENTS THAT: A. DECLARATIONS. George G. Gleason II and Linda D. Gleason, husband and wife (collectively "Grantor"), are the owners of the land lying in Pulaski County, Arkansas as described on the attached "Exhibit A," which is now hereafter designated and forever to be known as Hickory Pointe, an addition to the City of Little Rock, Arkansas ("Hickory Pointe" or the "Subdivision"), as shown on the plat attached hereto and made a part of this instrument (the "Plat"), which Plat shows a survey made by Paul M. White, Registered Land Surveyor, dated Ja K uk y 2003 and bears a Certificate of Final Approval by the Little Rock Planning Commission dated Each and every conveyance of any lot in the Subdivision (each a of") de ribing the same by the lot numbers shown on the Plat shall be deemed to be a sufficient description thereof. Grantor is desirous of confirming and adopting the platting and the dedicating of the private roadways and various easements, all as shown on the Plat. B. DEDICATIONS. Therefore, in consideration of the benefits to accrue to Grantor with regard to the private roadways and various easements shown on the Plat filed herein, Grantor hereby grants, conveys, donates and dedicates the private roadways and various easements as follows: (1) easements, as necessary for providing utility service and storm water drainage exclusively for the use and benefit of the Subdivision, as shown on the Plat, to, and for use by public utilities, the same being without limiting the generality of the foregoing, electric power, gas, telephone, water and sewer, and cable television, with the right hereby granted to the persons, firms or corporations, engaged in the supply of such utility services to use and occupy such easements and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility service and for storm water drainage systems, as the case may be, exclusively for the use and benefit of the Subdivision; (ii) easements, as necessary for providing utility service and storm water drainage for the use and benefit of the Subdivision and others, as shown on the Plat and being located from the exterior of the concrete footing of the brick wall to the rights -of -way of Rahling Road and Charleston Lane for the purpose of maintaining existing sewer, electric, telephone and other utilities as located within such easement area as of the date hereof, as well as additional utility service and storm water drainage as may be necessary in the future for the exclusive use and benefit of the Subdivision; (iii) private roadways and an access easement as shown on the Plat which are for the use and benefit of the public utilities as herein above described, the Hickory Pointe Property Owners Association, Inc. (the "Association") and the purchasers of Lots in the Subdivision, their successors and assigns (each an "Owner"), to be used for ingress, egress, and regress only by said parties, their employees, agents, licensees, tenants, families and invitees; and (iv) landscape, wall maintenance, fence maintenance and no vehicular access easements as shown on the Plat which are for the use and benefit of the Association, its employees, agents, licensees and invitees, in maintaining the perimeter landscaping, walls and fences of the Subdivision and controlling access to the Subdivision. C. PRIVATE ROADWAYS AND ACCESS EASEMENT. There are shown on the Plat private roadways and a 30' access easement, which are not dedicated to the public as public streets, although they are available for police and fire protection and are coincident with utility easements. These roadways and access easement shall be owned and maintained by the Association with funds provided by the assessments provided for herein for the benefit of the Owners. The Association shall likewise have the ownership and responsibility and authority for operating and maintaining gated entrances to the Subdivision. D. COVENANTS AND RESTRICTIONS. Hickory Pointe, platted by the attached Plat, and any interest therein, shall be held and owned subject to and in conformity with, the dedications, covenants, restrictions, uses and limitations set forth herein, which shall be construed as covenants running with the land and binding upon the Owners. E. PROPERTY OWNERS ASSOCIATION. 1. Grantor has formed and incorporated an Arkansas nonprofit corporation known as Hickory Pointe Property Owners Association, Inc. (the "Association") embracing all of the Subdivision. The Association has all the powers and shall act in accordance with the Association's Articles of Incorporation and Bylaws as now written or as hereafter amended. 2. Upon a deed to any Lot being filed of record in the offices of the Circuit Clerk and Ex-Officio Recorder for Pulaski County, Arkansas, the grantee(s) of such Lot shall automatically become a member(s) of the Association and shall retain membership until such time as his or her ownership ceases for any reason, whether by sale or otherwise. 3. Responsibility for the actual operation of the Association shall be vested in the Board of Directors of the Association in accordance with the provisions of this Bill of Assurance and the Bylaws of the Association. The Board of Directors shall be responsible to the Association, but may delegate the responsibility for the operation and administration of the Association to a managing agent. F. ARCHITECTURAL REVIEW COMMITTEES. 1. There shall be two (2) architectural review committees for the Subdivision, one having jurisdiction over initial construction on a Lot and the other having jurisdiction over all additions, modifications and alterations to existing improvements. a. Initial Architectural Review Committee. The architectural review committee having jurisdiction over initial construction (the "Initial Architectural Review Committee") shall be composed of two (2) members being Grantor or their designees. The Initial Architectural Review Committee shall attempt in good faith to approve or disapprove all plans within two weeks after submission. In the event these two (2) members do not agree on the approval or disapproval of a set of proposed architectural plans, they shall obtain the services of a mutually acceptable registered professional architect to act as a tie breaker. When the initial construction on the last Lot is completed, all obligations, responsibilities, duties and jurisdiction 2 of the Initial Architectural Review Committee shall terminate. After all Lots have been sold, the Initial Architectural Review Committee may, by written instrument executed by the members thereof, transfer its duties and responsibilities to the Modification Architectural Review Committee. b. Modification Architectural Review Committee. The architectural review committee having jurisdiction over all additions, modifications and alterations to existing improvements (the "Modification Architectural Review Committee") shall be composed of three (3) members, each of whom shall be an Owner. The chairperson of the Committee shall be a member of the Association's Board of Directors other than its chairman and shall be appointed by that Board of Directors. The other two Committee members shall be nominated by the Association Board of Directors or by a petition signed by a least five (5) members of the Association, and approved by the Association membership. Any action taken by a majority of the Committee shall be final and binding. 2. No building, wall, fence, swimming pool, hot tub, tennis court, driveway, exterior landscape lighting or other improvement shall be erected or placed on any Lot, nor shall any exterior addition to or change or alteration thereof, including a change in paint color, be made, until the following documents have been submitted to and approved in writing by the appropriate Architectural Review Committee: a. a complete set of construction plans and specifications; and b. a site plan in regard to any proposed construction, showing its nature, exterior color scheme, shape, height and other dimensions, landscaping, driveways, patios, all materials and the location of the improvements on that particular Lot and any renderings and elevations and other information reasonably requested by the appropriate Architectural Review Committee. 3. The appropriate Architectural Review Committee shall have the right to disapprove any plans and specifications submitted hereunder because of, but not limited to, any of the following reasons: a. the failure of such plans and specifications to comply with any of the restrictions or provisions provided herein; b. failure to include information in such plans and specifications as may have been reasonably requested by the Architectural Review Committee or its designee; C. objection to the exterior design, appearance or materials of any proposed structure; d. incompatibility of any proposed structure or use with existing structures or uses upon other Lots in Hickory Pointe; e. objection to the location of any proposed structure upon any Lot or with reference to other Lots in Hickory Pointe; 3 f. objection to the grading plan for any Lot; g. objection to the color scheme, finish, proportions, style of architecture, height, bulk or appropriateness of any proposed structure; h. objection to driveway and parking areas proposed for any Lot; and i. any other matter which, in the judgment of such Architectural Review Committee would render the proposed structure or use incompatible with the general plan of improvement of Hickory Pointe or with structures or uses located upon other Lots in the vicinity. Where the Architectural Review Committee shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, the applicable Architectural Review Committee shall submit, upon written request, a statement which shall specify the grounds for disapproval or qualified approval, and the Committee shall, if requested, make reasonable efforts to consult with and advise the applicant so that an acceptable proposal may be prepared and submitted. 4. Any approval, disapproval or approval based upon modification or specified conditions by the appropriate Architectural Review Committee in accordance with the terms hereof shall be final and binding, except as a right of appeal may be specifically granted herein. 5. The primary purpose of the Architectural Review Committees shall be to insure that proper standards of planning, design, aesthetics and construction are followed in the development of Hickory Pointe. It is the purpose and intent of this covenant that, in order to assure the Owners the safeguard of a reasonable degree of conformity among the various buildings in this Subdivision, the quality, design and location of all buildings, walls, fences and other improvements shall be regulated as provided herein. 6. If any structure shall be erected, placed, altered or maintained upon any Lot, or any new use commenced on any Lot other than in accordance with plans and specifications approved by the appropriate Architectural Review Committee, such erection, placement, alteration, maintenance or use shall be deemed to have been undertaken in violation of this provision, and the appropriate Architectural Review Committee shall so notify in writing the Owner of the Lot upon which such violation exists. In the event said Owner shall not have taken reasonable steps toward the removal and termination of said violation within fifteen (15) days after the date of the notice of violation, the Association shall have the right to remove any such structure and terminate any such use so as to extinguish such violation. The cost of such removal or termination shall be a binding and personal obligation against such Owner, as well as a lien upon the Lot. G. COMMON AREAS. 1. There are shown on the Plat certain common areas within the Subdivision which include the private roadways (also designated on the Plat as Hickory Pointe Blvd. and Hickory Pointe Cove) and a 30 ft. access easement (located adjacent to Lots 12, 13 and 14), G! which Common Areas are hereby conveyed by Grantor to the Association, which shall have the obligation and duty to manage and maintain the Common Areas for the use and benefit of all of the Owners. Notwithstanding the foregoing, the Owner of each Lot shall be responsible for landscaping, mowing and maintaining that portion of such Common Area lying between his Lot and the curb of the adjacent private roadway or access easement. 2. Deeds, conveyances and other instruments describing Lots in Hickory Pointe bounded by or abutting upon any Common Area shall not convey or include any part of the Common Area, nor shall any Owner be permitted to construct improvements within the Common Area or consider the Common Area in any way when determining the building setback lines or other restrictions pertinent to the Owner's Lot. 3. Subject to the provisions of subparagraph (6) below, every member of the Association and such member's invitees shall have a non-exclusive right and easement subject to the restrictions of subparagraph (5) below, of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every Lot in Hickory Pointe. 4. The rights and easements of enjoyment of the Common Area shall be subject to the following: a. The right of the Association to limit the number of guests of members and to limit the number of persons or entities to be included as Owner of any Lot; and b. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purpose and subject to such conditions as may be agreed to by the Association members, provided, that no such dedication or transfer shall be effective unless an instrument showing assent to such dedication or transfer signed by not less than two-thirds (2/3) of all members of the Association who are voting in person or by proxy at a meeting duly called for that purpose has been executed and filed for record in the office of the Circuit Clerk and Ex-Officio Recorder for Pulaski County, Arkansas. 5. Any member may delegate, in accordance with the Association's Articles of Incorporation and Bylaws, his right of enjoyment to the Common Area to those in his household or his tenants who reside on his Lot. 6. Upon the dissolution of the Association for any reason, the net assets thereof shall be owned by the Owners of the Lots in Hickory Pointe as tenants in common. H. RESTRICTION ON USE. In order to provide for the permanent maintenance of Hickory Pointe in an aesthetically attractive manner for the peaceful enjoyment of the Owners thereof and for the protection of the value of the Lots, the Lots and the Common Area shall be occupied and used subject to the following restrictions: 1. There shall be no obstruction of the Common Area. Nothing shall be stored on the Common Area without the prior consent of the Association. The Association shall have full power to establish rules concerning the usage of the Common Area. 5 2. The Lots in the Subdivision shall be restricted to residential use only. No structures shall be erected, altered, placed or permitted other than: (i) one detached single-family dwelling which shall not exceed two (2) stories in height when seen from the front or principal street fagade, (ii) a single private garage for the storage of not more than four (4) passenger cars owned or used by residents, (iii) guesthouse, (iv) servant's quarters and (v) other outbuildings incidental and related to residential use of the premises. Boarding houses, tenements, apartment houses, trailer parks, tourist courts, motels, hotels, restaurants, eating houses, clubs, stores, beauty shops, barber shops, other commercial establishments of any kind and signs of advertising of any nature in connection with any of these activities are prohibited and shall not be carried on or permitted on any part of any Lot. The designation of such specific prohibited activities shall not limit what is prohibited on the Lots, but this restriction shall be construed to prohibit on the Lots each and every business, trade, activity and undertaking not in keeping with the general plan to develop the Lots for the highest class residential use. 3. No principal residential structure shall be constructed or permitted to remain upon any Lot if the finished heated and/or cooled square foot living area of such structure, excluding garages, porches, breezeways, porte cocheres, exterior stairways, basements, workshop areas, storage areas and outbuildings and the like is less than 2,600 square feet for a one story principal residential structure and 3,000 square feet for a two-story principal residential structure. Finished heated and/or cooled living area shall be measured in a horizontal plane to the face of the outside wall of each such area. 4. No Lot platted herein shall be subdivided or replatted unless it is unanimously approved by (1) the Owners of all Lots within the Subdivision adjoining the Lot in question at any point, (ii) the Owners of the three (3) Lots, if any, located within the Subdivision more directly across the private roadway or access easement from the Lot(s) in question and (Ili) the Initial Architectural Review Committee (or Modification Architectural Review Committee if the Initial Architectural Review Committee has been disbanded). In the event (1) one or more, but less than a majority, of the Owners of the neighboring Lots or (ii) the appropriate Architectural Review Committee refuses to grant such approval, the Owner of the Lot(s) in question may appeal to the Association, and the entire membership of the Association by a two- thirds (2/3) vote may grant such approval. 5. Unless in the opinion of the Initial Architectural Review Committee (or Modification Architectural Review Committee if the Initial Architectural Review Committee has been disbanded) there is a valid reason and it appears to be in the best interest of adjoining property Owners and the Subdivision in general, no building, excluding eaves, steps and open porches, shall be approved to be located on any Lot unless such location shall comply with the following: a. Front Lot Line. No building shall be located on any Lot nearer to the front -lot line or nearer to any side "street" line than the twenty-five (25) foot minimum building setback lines shown on the Plat; b. Interior Lot Line. No building shall be located nearer to an interior lot line than a distance equal to eight (8) feet on each side; I C. Rear Lot Line. No building shall be located on any Lot nearer than twenty-five (25) feet from the rear lot line, except for Lot 1 as to which the rear building setback line will be coextensive with the Eastern line of the wall maintenance easement. Where two or more Lots are acquired as a single building site, only those building set back lines bordering public streets, the private roadways or the 30' access easement, and adjoining property owners shall apply. 6. No business, trade, activity, or undertaking which is or may become noxious or offensive shall be carried on or permitted within the Subdivision nor shall anything be done therein which may be or become an annoyance or nuisance to adjacent Owners of Lots. Due care shall be exercised at all times with regard to noise and all other uses or practices which may be a source of annoyance to Owners of Lots or which may be a nuisance or may interfere with the peaceful possession and proper use of the property or premises of any other person. The Association shall have the authority to terminate any activity or conduct which constitutes an annoyance or nuisance. 7. No animals of any kind shall be raised, bred or kept on any Lot or in the Common Area, except that dogs, cats, and other household pets may be kept provided they are not kept or maintained for any commercial purpose. Notwithstanding the foregoing, each Owner agrees to permanently remove from the Subdivision within three (3) days on receipt of written notice, any animal which, in the sole and absolute discretion of the Association Board of Directors, causes a nuisance or threat of danger to other Owners in the Subdivision. All leash laws of the City of Little Rock shall apply to the Common Areas. The Association Board of Directors may adopt regulations limiting the number of household pets which may be kept on any Lot. 8. No advertisement, sign or poster shall be erected or displayed on or within the Subdivision without the prior written consent of the Association, except typical real estate for sale signs shall be permitted. Such sign shall be limited to one sign per Lot and no larger than 2 feet by 3 feet. 9. No gas piping, electrical wiring or radio, television or other antenna system shall be installed in or about the Subdivision without the prior written approval of the appropriate Architectural Review Committee. 10. No oil and gas drilling or refining operations, mining or quarrying operations of any kind shall be permitted upon any Lot. 11. No trailer, boat, camper, recreational vehicle or other vehicle shall be stored in plain view on any Lot, provided that such vehicles may be temporarily stored for up to forty-eight (48) hours on a Lot. Such vehicles must be stored only in a garage or similar permitted accessory building and shall not at any time be allowed to remain in the Common Areas. 12. No trailer, basement, tent, shack, garage, garage apartment, hutment, barn, structure of a temporary character or outbuilding of any kind shall at any time be used or occupied as a residence or living unit temporarily or permanently on any Lot, provided the 7 foregoing shall not be construed to prevent occupancy of a guesthouse or servants' quarters by bona fide domestic servants employed by and domiciled on said Lot with an Owner or tenant. Neither the residence nor guesthouse nor servants' quarters shall be used or occupied until the construction and painting thereof is completely finished. 13. Any outbuilding of any kind must be constructed with the same materials as the principal residence and be substantially similar in appearance with such residence. No existing, erected building or structure of any kind may be moved onto or placed on any Lot. 14. No ham radio antenna or satellite dish may be erected on any house or Lot without the prior approval of the appropriate Architectural Review Committee. 15. Any fencing to be constructed on a Lot must be approved by the appropriate Architectural Review Committee. 16. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area of such corner Lot formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines; or in the case of a rounded property corner, from the intersection of the street property lines extended. These same sight line limitations shall also apply on any Lot such that no obstruction shall be placed or permitted within ten (10) feet from the intersection of the street property line with the edges of a driveway or alley pavement. No tree shall be permitted to remain within the distances of such intersections unless the foliage line is maintained in such manner as to prevent obstruction of sight lines. It is expressly provided that the walls built or to be built by the Grantor around portions of the Subdivision and which cross the private roadway and 30' access easement shall not be subject to these restrictions. 17. No fence, wall, hedge or mass planting shall be permitted to extend beyond the minimum building setback line established herein, except upon approval by the appropriate Architectural Review Committee. No fence, wall or other structure shall be erected along property lines without prior approval of design, construction and materials by the appropriate Architectural Review Committee. However, the provisions of this paragraph do not apply to the walls and fences of approximately eight (8) feet in height that have been or will be erected by Grantor surrounding portions of the Subdivision. 18. No obstruction shall be placed in the street gutter. Curbs shall be broken at driveways and driveway grades shall be lowered to meet the gutter line not more than two (2) inches above the gutter grade. All curb cuts made by a Lot Owner must be repaired and restored by the Lot Owner at his expense to the full satisfaction of the appropriate Architectural Review Committee. 19. Without the specific written approval of the appropriate Architectural Review Committee, no garage may be constructed which will open toward the front of any Lot. Any residence erected on any Lot shall front on and present a good frontage on the adjacent private roadway (or 30' access easement in the case of Lots 12, 13 and 14) shown in the Plat, and n. on any corner Lot the residence shall front or present a good frontage on both of the adjacent private roadways shown in the Plat. 20. Grantor will provide a mailbox for each Lot in the Subdivision, which each Owner must use. Any subsequent mailbox used by Lot Owner must be substantially in conformity with the mailbox originally supplied by Grantor and must be approved by the appropriate Architectural Review Committee. 21. Without the approval of the appropriate Architectural Review Committee, no tree with a circumference at the base of twelve (12) inches or greater may be cut on any Lot in the Subdivision, and no tree may be cut or removed and no fill material may be placed in the Common Area without approval of the appropriate Architectural Review Committee. 22. The Owner of each Lot will be responsible for reasonable oversight and control of the conduct of his contractors, sub -contractors and their employees while working in the Subdivision, including controlling their access to the Subdivision. After the first residence in the Subdivision is occupied, no construction activity shall be performed before 7:00 a.m. or after 6:00 p.m. on any weekday and no construction activity shall occur on any weekend or any regularly observed holiday designated by the Association. The Owner shall insure that his construction site is kept reasonably clean and free of unnecessary debris during construction and shall take appropriate measures to insure that trash and loose materials are not blown into the Common Areas or onto other Lots. The Owner shall be responsible for the costs of any clean-up incurred by the Association or other Owners of Lots as a result of any violation of this paragraph. Construction equipment, trucks and trailers shall not be parked in the private roadways or the 30' access easement overnight or at any time in a manner which would interfere with the orderly use thereof by the Owners of any other Lot. 23. No garbage, trash, rubbish, tree limbs, pine straw, leaves, cuttings, ashes or other refuse shall be thrown, placed or dumped on any Lot or Common Area unless placed in a suitable container for garbage pickup. 24. Easements for various purposes and of various widths have been dedicated herein and identified on the Plat filed herewith. No landscaping, structures or other improvements shall be placed, built or maintained within the areas of such easements. If any landscaping, structures or other improvements are placed, built or maintained within such areas, no person or entity, including the Association, properly exercising its rights to utilize such easement shall be liable for any damage or destruction caused to such landscaping, structures or other improvements. I. COVENANTS RUN WITH LAND. The covenants in paragraph H shall run with the land and shall be binding on all Lot Owners, their successors, heirs and assigns; provided, however that such covenants shall expire on December 31, 2052 unless extended beyond said date for a new period not exceeding twenty (20) years by a written instrument signed and acknowledged by the Owners of a majority of the Lots in the Subdivision. Further extensions may be affected in like manner in ten (10) year increments. 9 J. REMEDIES OF ADJACENT OWNERS. 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 any extension thereof), it shall be lawful for the Association or any Owner of any Lot in the Subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate such covenants or restrictions, and to prevent him or them from so doing and/or to recover damages for such violations. K. LIEN FOR EXPENSES OF ADMINISTRATION AND MAINTENANCE. 1. The Lot Owners are obligated to contribute pro rata for the expenses incurred to administer the Subdivision and to maintain, construct, reconstruct, repair and replace, as necessary or desirable, any and all improvements and additions to the Common Area, the perimeter walls, fences and entry gates, and for other expenses incurred for the benefit of the Subdivision, specifically including, but not limited to, premiums for property and liability insurance for the Common Area and the improvements thereon, and all assessments whether levied in the form of regular, special, individual, capital improvement or otherwise, all as more particularly set forth in the Bylaws for the Association. 2. Such assessments, together with interest, costs and reasonable attorneys' fees, if delinquent, shall constitute a continuing lien on each Owner's Lot(s) until paid. Such lien shall be prior to all other subsequently recorded liens or encumbrances. The sale or transfer of any Lot shall not affect the lien for assessments, except the lien for any unpaid prior assessments shall be extinguished in the case of prior mortgagees who succeed to the title of an Owner by foreclosure or acceptance of a deed in lieu of foreclosure. 3. The Association is herein granted a landscaping and no vehicular access easement on the portions of every Lot lying outside the perimeter brick wall. The Association shall be responsible for installing and maintaining any or all landscaping on that portion of such Lots lying outside such perimeter brick wall. 4. The assessments shall be established, increased, decreased, suspended, cancelled or otherwise changed only as set forth in the Association's Bylaws, and all assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in Hickory Pointe. L. AMENDMENTS. 1. The provisions of this Bill of Assurance may be amended, modified, extended, changed, or cancelled from time to time, pursuant to the provisions of this section L. 2. An amendment, modification, extension, change or cancellation may be proposed to the Association by either the Board of Directors or by a petition signed by the Owners of a majority of the Lots in the Subdivision. Notice of the subject matter of any proposed amendment, modification, extension, change or cancellation, in reasonably detailed form, shall be included in the notice of any Association meeting at which the proposed amendment, modification, extension, change or cancellation is to be considered. 10 3. No amendment, modification, extension, change or cancellation of this Bill of Assurance shall be binding or effective unless and until (i) the proposed amendment, modification, extension, change or cancellation is considered at an Association meeting at which a quorum is represented in person or by proxy, or by a ballot vote in which a quorum is cast; (ii) the proposed amendment, modification, extension, change or cancellation receives the approval of two-thirds (2/3) of the members of the Association who are voting in person, by proxy or by ballot, (iii) a copy of the amendment, modification, extension, change or cancellation has been certified by at least two (2) officers of the Association as having been duly adopted and (iv) the amendment, modification, extension, change or cancellation has been filed of record in the office of the Circuit Clerk and Ex-Officio Recorder for Pulaski County, Arkansas. M. CAPTIONS. The captions used in this instrument are inserted solely as a matter of convenience and shall not be relied upon or used as construing the effect or meaning of any of the provisions hereof. N. VOTING. When part of this instrument refers to a vote of the members of the Association, the number of votes allocated will be one vote per Lot despite the number of persons who may own an interest in such Lot. O. MISCELLANEOUS. 1. Whenever the context so permits, the use of plurals shall include the singular, and use of any gender shall be deemed to include all genders. 2. If any term, covenant, provision, phrase or other part of this instrument is held to be invalid or unenforceable for any reason, such holding shall not be deemed to affect, alter, modify or impair in any manner whatsoever the remaining terms, provisions, covenants and parts thereof. 3. The Association or any Owner shall have the right to enforce by any proceeding of law or in equity all covenants, restrictions, reservations, liens and charges now or hereafter imposed by this instrument, the same being a benefit to all. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 4. In any legal or equitable proceeding for the enforcement of or to restrain violation of this instrument or any provision thereof, the prevailing party or parties shall be entitled to attorney's fees and costs in such amount as the court finds reasonable. All remedies provided for herein shall be cumulative and not exclusive. 5. Any provision herein requiring the obtaining of approval, consent, permission or similar response of either of the Architectural Review Committees, the Association, its Board of Directors or others shall be interpreted as requiring the specific written approval, consent, permission or response thereof prior to the act or event requiring such approval, consent, permission or response. 11 EXECUTED this 2¢fhday of �`"'��'"� , 2003. �ti LI D D. GLEAS N Rav,amed c f ,)r r;k .. n!�r� s;-rcar J3 requ,.,e-,;Jy t,�;3 C tfcf JavBioper may C"ZZz-j r.; ..,........... IJffi9 Rxk ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this G day of ,� '' g- ii 0,'u- _ , 2003, before me, the undersigned officer, personally appeared George G. Cyleason II `.nd Linda D. Gleason, husband and wife, who acknowledged themselves to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. E FFICIAL SEAL ERLY D. MOORE PUBLIC - ARKANSAS LASKICOUNTYissinn Fxnir," 3-244010 My Commission Expires: (SEAL) ,�`� Notary Public 3 12 Doc# 2003007558 EXHIBIT A PART OF THE FRACTIONAL SW1 /4 SW1 /4 AND PART OF THE SE1 /4 SW1 /4, SECTION 19, T-2-N, R-13-W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: STARTING AT THE NORTHWEST CORNER OF SAID SE1/4 SW1/4; THENCE S89'54'59"E ALONG THE NORTH LINE OF SAID SE1/4 SW1/4, 220.98 FT. TO THE POINT OF BEGINNING; THENCE S89'54'59"E CONTINUING ALONG SAID NORTH LINE, 299.04 FT. TO THE NORTHWEST CORNER OF LOT 15, HICKORY CREEK, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S02'05'327W ALONG THE WEST LINE OF SAID LOT 15 AND ALONG THE WEST LINE OF LOTS 16 THROUGH 25, SAID HICKORY CREEK, 1316.63 FT. TO THE SOUTHWEST CORNER OF SAID LOT 25, SAID CORNER LYING ON THE SOUTH LINE OF SAID SE1/4 SW1/4; THENCE N89'44'06"W ALONG SAID SOUTH LINE, 208.07 FT.; THENCE N89'42'49"W CONTINUING ALONG SAID SOUTH LINE, 310.72 FT. TO THE SOUTHWEST CORNER OF SAID SE1/4 SW1/4; THENCE N89'00'427W ALONG THE SOUTH LINE OF THE SAID FRACTIONAL SW1/4 SW1/4, 6.81 FT. TO THE SOUTHEAST CORNER OF LOT 72, CHARLESTON HEIGHTS, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE N25'49'16"W ALONG THE EAST LINE OF SAID LOT 72, 167.35 FT. TO THE NORTHEAST CORNER THEREOF, SAID CORNER LYING ON THE EAST RIGHT-OF- WAY LINE OF CHARLESTON LANE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING: (1) N75'20'15"E, 8.01 FT.; (2) NORTHEASTERLY ALONG THE ARC OF A 175.77 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N57'22'49" E, 108.39 FT.; (3) N39'25'227E, 236.08 FT.; (4) NORTHEASTERLY ALONG THE ARC OF A 175.77 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N20'48'58" E, 112.17 FT.; (5) NO2' 12'34" E, 191.05 FT.; (6) NORTHWESTERLY ALONG THE ARC OF A 175.77 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N26'52'40"W, 171.02 FT. AND (7) NORTHWESTERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N18'49'48"W, 30.20 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF RAHLING ROAD; THENCE NORTHEASTERLY ALONG SAID EAST RIGHT-OF-WAY LINE BEING THE ARC OF A 1472.39 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N17'56'53"E, 19.52 FT.; THENCE N17'34'06"E CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, 381.83 FT.; THENCE NORTHEASTERLY CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, BEING THE ARC OF A 994.93 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N15'45'15"E, 62.99 FT. TO THE POINT OF BEGINNING, CONTAINING 11.9620 ACRES, MORE OR LESS. City of Lithe Rock _ ^ Civil Engineering Division /r Department of 701 West Markham Public Works Little Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 w/D CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN BEISSUED Hi c.kv eY jpa-n!7E , o, -3 / — Z/ SIGNED BY ENGINEER SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT ea./ DXF DISKETTE STORM DRAIN Atew o/ REMARKS