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T-XIST DRAM GE --
SOUTH XATILLUS ROAD
8" PVC SEWER -INE
2003054806
Filed 8 Recorded in
Official Records of
THIS INSTRUMENT PREPARED BY: CAROLYN STALEYPULASKI COUNTY
CHRISTOPHER O. PARKER, ESQ.
EICHENBAUM, LILES & HEISTER, P.A. CIRCUIT/COUNTY CLERK
124 WEST CAPITOL AVENUE, SUITE 1400 Fees $68. AB
LITTLE ROCK, ARKANSAS 72201
501-3764531
DECLARATION OF
RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
(Lots 1, 2, 3, 4, 5, 6, 35, 36, 37, 38, 39 and 40,
Montagne Court, Phase 1, an Addition to the
City of Little Rock, Pulaski County, Arkansas)
KNOWN ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Jim D. Swink and D. June Swink, hereinafter collectively referred to
as the "Allottor," are the owners of the following described land in the County of Pulaski, State of
Arkansas, to -wit:
streets.
Part of Tract "A" of Wildwood Subdivision, Pulaski County, Arkansas located in the
NE1/4 NW'/4 of Section 24, T-2-N, R-14-W, Little Rock, Pulaski County, Arkansas
more particularly described as:
Beginning at the Northwest corner of said Tract "A", Wildwood Subdivision; thence
S89°31'52"E along the North line of said Tract "A", 411.08 ft. to a point on the East
line of said Tract "A", thence S01°33'09"W along said East line, 208.43 ft.; thence
S42°54'33"W, 45.00 ft.; thence N47°05'27"W, 62.56 ft.; thence Northwesterly along
the arc of a 52.50 ft. radius curve to the left, a chord bearing and distance of
N62004'04"W, 27.14 ft.; thence S01°33'09"W, 193.96 ft.; thence N88°26'51"W,
120.00 ft.; thence S01°33'09"W, 20.00 ft.; thence N88°26'51 "W,190.00 ft. to apoint
on the West line of said Tract "A", Wildwood Subdivision; thence N01°33'09"E
along said West line, 395.00 ft. to the point of beginning, containing 3.2752 acres
more or less.
AND WHEREAS, it is desirable that the above described property be platted into lots and
NOW, THEREFORE,
WITNESSETH:
That the said Allottor, for and in consideration of the benefits to accrue to him and his
� dl1;•and assigns, which benefits he acknowledges to be of value, have caused the real property
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof
by Paul M. White, a Professional Land Surveyor, License Number 1281, and Timothy E. Daters, a
Professional Engineer, License Number 5033, said Plat bearing the signature of the said Surveyor
and Engineer and being of record in the office of the Circuit Clerk and ExOfficio Recorder of
Pulaski County, Arkansas, in PyMKC2 r,Qg b7 2- and the Allottor does hereby make this
Declaration of Restrictive Covenants and Bill of Assurance.
IN FURTHERANCE THEREOF, Allottor warrants and represents that he has laid off,
platted and subdivided, and does hereby lay off, plat and subdivide the lands herein described, in
accordance with the aforesaid Plat. The lands embraced in said Plat shall be forever known as:
Lots 1, 2, 3, 4, 5, 6, 35, 36, 37, 38, 39 and 40, Montagne Court, Phase 1, an Addition
to the City of Little Rock, Pulaski County, Arkansas;
and any and every deed of conveyance of any lot in said Addition describing the same by the Lot
Number shown on said Plat shall always be deemed a sufficient description thereof. The words "Lot"
or "Lots" when used herein shall mean and be a lot platted hereby.
The Allottor hereby dedicates to the public forever an easement of way on and over the street
rights -of -way as shown by said Plat, to be used as public streets.
In addition to said street rights -of -way there are strips of ground shown and dimensioned on
said Plat marked Access Drainage and Utility Easement, which Allottor hereby donates and reserves
for the use of and by public utilities, and for drainage purposes, respectively, subject at all times to
the proper authorities and to the easements and restrictive covenants herein set forth and for a private
access easement appurtenant to, on, over and across the Lots platted hereby, as shown on the Plat,
to be used by the owners of Lots in the subdivision as the sole means of vehicular ingress, egress and
access to the Lots.
The Plat further identifies ceratin areas of Common Ownership title to which shall be held
in common by all owners of Lots in the Addition including any Additional Phases of the Addition
platted hereafter. Control and maintenance of all areas of Common Ownership shall be as
hereinafter set forth.
All persons, natural and artificial, who become owners of the lots platted hereby, shall take
their titles subject to the rights of public utilities, the rights of the public in the street rights -of -way
and subject to the drainage and access easements all as shown and depicted on the Plat.
2
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
The filing of this Declaration of Restrictive Covenants and Bill of Assurance and Plat for
record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid
and complete delivery and dedication of the street rights -of -way and the Utility, Drainage, and
Access Easements shown on the said plat. The streets shown on said Plat shall henceforth be known
by the names designated on said Plat and same shall be of the length and width shown thereon;
provided, however, the Allottor does hereby reserve unto the Allottor the right to any surplus dirt
in said streets for Allottor's own use and benefit.
The Lots in said Addition and any Additional Phases of said Addition shall be sold or
conveyed by the Allottor, as applicable, and shall be purchased, acquired, owned, possessed, held
and occupied subject to the covenants, restrictions, reservations, easements and provisions set forth
above and as follows, each of which and all of which shall be covenants running with the said lands
above described, and shall be binding upon all owners and their respective heirs, successors and
assigns, in order to maintain the lands above described as desirable, uniform and suitable as
residential property, to wit:
ARTICLE I
LAND USE, BUILDING TYPE AND HEIGHT
The real property herein platted shall be held, owned and used only for residential purposes
except as otherwise shown on the Plat. No buildings shall be erected, placed, altered, reerected or
permitted to remain on or upon any lot platted hereby other than a single detached single family
residence which shall not exceed two and one half (2%2) stories in height when seen from the front
or principal street facades, a private fully enclosed garage for the storage of motor vehicles owned
or used by the residents (storage of commercial motor vehicles being expressly prohibited), such
garage to be of such sufficient size to adequately accommodate no less than two (2) nor more than
four (4) motor vehicles no portion of which may thereafter be converted into living space or for any
other purpose without the prior written approval of the Allottor, and such other outbuildings only
as are incidental and related to the residential use of the lot.
ARTICLE II
ARCHITECTURAL CONTROL
(a) Purpose. The Allottor is desirous ofproviding and maintaining harmony of external
design and location in relation to the surrounding structures and topography and, for this purpose,
herein creates an Architectural Control Committee which shall have the duties, obligations and
responsibilities as hereinafter set forth.
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
(b) Architectural Control Committee. The Architectural Control Committee
(hereinafter "the Committee") shall initially consist of two (2) members and may consist of up to
three (3) members each of whom shall be designated by the Allottor. Subsequent to the initial
appointments, the Allottor shall appoint all replacement members of the Committee; provided,
however, the Allottor may, at such time as it deems appropriate, release all control over
appointments of members to the Committee to the Board of Directors of any Property Owners
Association later formed in accordance with this Bill of Assurance (the "Association") by execution
of an instrument to such effect in recordable form. Neither the Allottor, nor the Committee shall be
liable in damage to any person submitting requests for approval or to any Owner within the Addition
by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove,
with regard to any request hereunder. All decisions of the Committee shall be by a majority vote
of the members. The identity of the members of the Committee and all replacement members
thereof shall be disclosed by an instrument in recordable form executed by the Allottor. or, after
release of control by the Allottor to the Association, then the President of the Board of Directors of
the Association, as the case may be.
(c) Requirements Before Construction. No building or other improvements shall be
erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby until the
building plans, specifications, exterior color schemes, general plan of landscaping and plot plan
showing the location and facing of such building with respect to existing topography, adjoining
streets, and finished ground elevations have been approved in writing by the Committee. Prior to
commencement of any construction upon any Lot or part of any Lot located within the Addition, the
property Owner shall submit to the Committee, the following documentation with respect to any
proposed construction:
(i) Plot Plan
(ii) Floor Plan of the proposed structure
(iii) Front, rear, right and left elevations of the proposed structure
(iv) General Plan of Landscaping
(v) Specifications reflecting the choice of exterior building materials and color
scheme of the proposed structure
(vi) Such other documentation as the Architectural Control Committee may
request. For purposes hereof, the term "proposed construction" shall include,
but shall not be limited to, new construction of a residence, or other structure,
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
remodeling, adding to or modifying an existing residence or other structure,
installation of a fence or wall, construction or remodeling of outbuildings
and/or detached garages or other accessory structures, construction or
installation of storm cellars, swimming pools, tennis courts, installation of an
antenna whether on a structure or on a Lot, construction of ponds or lakes,
installation of any sign, and construction of driveways. The Committee shall
use its best judgment to see that all improvements, construction, landscaping,
and alterations on lands within the properties conform to and harmonize with
existing surroundings and structures, and are otherwise in conformity with
the intent of this Declaration of Covenants and Bill of Assurance. All
documentation delivered to the Architectural Control Committee shall
become the property of the Committee and shall be retained as a permanent
record. The Committee shall have 30 days from and after receipt of the
required documentation, which receipt shall be in writing acknowledged by
a member of the Committee, to approve or disapprove by majority vote, the
design, plans and specifications_ for any proposed construction. Any
disapproval shall be in writing and shall specify in detail the basis for such
disapproval and, as appropriate, modifications which, if made, will render the
proposed construction acceptable. In the event that the Committee neither
approves nor disapproves any proposed construction within 30 days ofreceipt
of the hereinbefore described documentation, the proposed construction shall
be deemed to be acceptable and this provision of this Declaration shall be
deemed fully complied with and the construction may be commenced.
Notwithstanding anything to the contrary herein contained, no construction
of any type or variety shall be commenced prior to submission of the required
documentation as hereinbefore set forth and receipt of either written approval
of the Committee or 30 days from the date of receipt of said documents by
the Committee shall have elapsed without action by the Committee.
Construction of any proposed construction approved by the Committee or
deemed approved by the Committee shall be commenced within ninety (90)
days of such approval and shall be prosecuted diligently to completion no
later than twelve (12) months after commencement.
(d) Design Standards. As is hereinbefore stated, it is the intention of the Allottor that
the Addition be developed and maintained in a consistent and harmonious manner. In furtherance
of and in keeping with the purposes hereof, the Committee may, but is not obligated, in its sole
discretion to promulgate, from time to time, DESIGN STANDARDS, which shall be utilized in
reviewing proposed construction and which shall include guidelines with respect to size, area, style,
height of building, color, types of building material, landscaping, and other similar and related
5
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
matters and standards. The Design Standards if promulgated and as amended from time to time shall
be available for inspection at the offices of the Allottor as long as the Allottor selects the Committee,
and thereafter, shall be maintained as a permanent record in the offices of the Association.. No
building or other improvement shall be erected, placed, altered, reerected or permitted to remain on
or upon any lot platted hereby except if same is constructed in conformity with the provisions hereof.
ARTICLE III
MINIMUM PRINCIPAL BUILDING SIZE
No residential building shall be constructed, erected, placed, altered, reerected or permitted
to remain on or upon any lot platted hereby unless the finished heated and cooled living area thereof,
exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas
and outbuildings, shall equal or exceed 2,000 square feet for a one story building, or, 2,400 square
feet for a split level or a multilevel building. Finished heated living area shall be measured in a
horizontal plane to the face of the outside wall on each level.
ARTICLE IV
BUILDING LOCATION
No building shall be located, constructed, erected, placed, altered, reerected or permitted to
remain on or upon any lot platted hereby nearer to the front lot line, rear lot line or nearer to the side
street line than the minimum building setback lines shown on the Plat. No building shall be located,
constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted
hereby nearer to an interior lot line than ten percent of the width of the lot at the front building line
not to exceed five (5) feet. For the purposes of this paragraph, eaves, steps, balconies, open porches,
open terraces and patios shall not be considered as part of the building. In addition, exterior fire
place chimneys, bay windows, or other minor architectural elements may intrude into the five (5)
foot side setback if permissible under local ordinance and if the intrusion is no more than thirty (30)
inches.
ARTICLE V
LOT AREA AND WIDTH
No lot platted hereby shall be subdivided or resubdivided or replatted without the written
consent of the Allottor, which consent may be unreasonably withheld. In any event no building shall
be erected, constructed or placed on any building site or lot having a width of less than 55 feet at the
minimum building set back line, nor shall any building be erected, constructed or placed on any lot
having an area of less than 7,000 square feet inclusive of dedicated easements.
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
ARTICLE VI
EASEMENTS
Easements of way for streets as shown on the Plat filed herewith have herein been donated
and dedicated to the public, and the persons, firms or corporations engaged in supplying public
utility services, the same being, without limiting the generality of the foregoing, electric power, gas,
telephone, cable, water and sewer, shall have the right to use and occupy said easements of way and
streets for the installation, maintenance, repair and replacement of such utility services. In addition
to said public streets, easements of access along the rear of each Lot for vehicular ingress and egress
to such Lots are also dedicated and imposed as shown on the Plat as easements running with the land
for the use and benefit of all owners of said Lots including the owners of Lots in Additional Phases
of the Addition. Easements for the installation, maintenance, repair and replacement of utility
services, sewer and drainage have herein been reserved, said easements being of various widths,
reference being hereby made to the Plat filed herewith for a more specific description of width and
location thereof. As various utility facilities are underground, any alterations or lowering of the
surface grade of the ground in any easement and the area immediately adjoining such easements is
prohibited, if such alteration or lowering 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 telephone and electric power service; and, as the electric distribution
transformer stations and service pedestals are located on surface grade, 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, pavement, 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 other purposes shall
be made which would interfere with the installation, maintenance, repair and replacement of any
utility service. In the event any such 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.
ARTICLE VII
UTILITIES
The owner of any lot platted hereby shall install and maintain in conformity with applicable
code requirements and other regulations, underground utility services, including electrical, natural
gas, water, cable and telephone service between the point of delivery of such utility service as
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
located by the utility company and the point of use of such owner. The owner of any lot platted
hereby shall dig and backfill in conformity with applicable code requirements and other regulations
a ditch for utility services. No individual water supply system or individual sewerage disposal
system shall be permitted to be constructed or operated on any of the lots platted hereby. No
television dish, antennae or similar equipment shall be installed on any of the lots platted hereby
without the prior written consent of the Allottor.
ARTICLE VIII
NUISANCES
No noxious or offensive activity or commercial business 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 owners of lots. No trucks, commercial vehicles or inoperative vehicles may be stored or parked
on a lot platted hereby other than for making routine deliveries. Owner further agrees to keep
unimproved lots free from trash, debris, and overgrown vegetation. If such does accumulate and
owner does not promptly remove such upon notification by Allottor, the Allottor shall have the right
to perform such cleanup work as is necessary and owner shall reimburse Allottor for the cost thereof.
ARTICLE IX
TEMPORARY STRUCTURES
No mobile home; trailer, basement, tent, shack, garage, barn, or outbuilding erected on a lot
covered by these covenants shall at any time be used for human habitation.
ARTICLE X
SIGNS
No sign of any kind shall be displayed to the public view on any lot, except one sign of not
more than five square feet advertising the property for sale or rent, or signs used by a builder or
developer to advertise the property during the construction and sales period and in no event shall any
such signage be affixed, permanently or temporarily, to any trees.
ARTICLE XI
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, provided that they are not kept or maintained for any
commercial purpose.
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
ARTICLE XII
VISUAL OBSTRUCTIONS
No fence, wall, hedge, or shrub planting or other obstacle which obstructs sight lines at
elevations of more than 2 feet 6 inches above the roadways shall be placed or permitted to remain
on any corner lot within the triangular area formed by the street lines and a line connecting them at
a point 50 feet from the intersection of the street lines; or in the case of a rounded property corner,
within the triangle formed by tangents to the curve at its beginning and end, and a line connecting
them at points 50 feet from their intersection. No trees shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at a height of 8 feet to prevent
obstruction of such sight lines.
ARTICLE XIII
FENCES
No fence, wall, hedge, or mass planting shall be permitted to extend beyond the minimum
front building set back line established herein or from the side yard building line to the street or
corner lots except upon the written approval of the Allottor. To insure compliance with the
provisions of Article VI hereof as it relates to the erection of fences along utility easements, no
fence, wall, or other structure shall be erected along property lines without approval of the design,
construction, and materials by the Allottor. Further there shall be no barbed or other similar wire
fences erected or placed on any lot nor shall any chain link fence of any type or kind shall be erected
or placed on any lot which can be seen from any street.
The Allotor may, but is not obligated to construct perimeter fencing along the outside
boundary of the property owned by him including Phase I and any Additional Phases of the
Addition. If constructed, such fencing and the land between the rear common access drives shown
on the Plat and the exterior boundary shall be owned by the Owners of the Lots in the Addition, in
common, and landscaped and maintained as Common Area.
ARTICLE XIV
STREET ACCESS, DRIVEWAYS
AND PRIVATE ACCESS EASEMENTS
All driveways will be constructed of concrete surface material at grades lowered or raised
to meet street grades with culverts installed and maintained unobstructed. PROVIDED,
HOWEVER, private access easements for the Lots platted hereby are shown and depicted on the Plat
and such easements have been reserved to the owners of the Lots platted hereby and are appurtenant
6
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
to said Lots to provide ingress/egress for vehicular traffic to said Lots. Accordingly, no driveways
may be constructed on any Lots shown on the Plat except from the private access easements shown
on the Plat. PROVIDED, FURTHER, the Association shall maintain and keep said private access
easements in good repair and shall pay all costs of maintenance and repair to the private access
easements shown on the Plat, just like all other common areas.
ARTICLE XV
PARKING AND STORAGE OF MOTOR HOMES, ETC.
No motor homes, camper trailers, travel trailers, utility trailers or boat trailers shall be
installed on or permitted to be parked, stored or remain upon any Lot, unless same is parked or
stored and remains in a fully enclosed stall of the garage. No motor homes, camper trailers, travel
trailers, utility trailers or boat trailers shall be permitted to be parked, stored or remain upon any
street in the Addition. No manufactured home or mobile home shall be brought upon, installed on
or permitted to be parked, stored, erected, placed, situated, built or remain upon any Lot.
ARTICLE XVI
EXTERIOR MAINTENANCE AND LANDSCAPING
All buildings, structures and improvements constructed, erected and reerected on any lot and
all yards and landscaping thereon shall be maintained in a good state of repair, neat and attractive
manner by the Owner thereof. The Owner's maintenance obligations shall include, but not be
limited to, prompt removal of all litter, trash, refuse and waste, lawn mowing, tree and shrub
pruning, watering, keeping exterior lighting and mechanical facilities in working order, keeping lawn
and landscaped areas alive and free of weeds and attractive, keeping parking areas and driveways
in good repair, complying with all applicable governmental rules and regulations, repainting, and
repairing exterior damages. No building or other structure shall be constructed, erected, placed,
altered, reerected or permitted to remain on or upon any lot platted hereby unless, prior to the lot
being offered for sale or issuance of a certificate of occupancy of the City of Little Rock, top soil
shall be installed, leveled and sodded with live grass sod in all yard areas of the lot and shrubs shall
be planted in planting areas immediately adjacent to the building and structure situated thereon on
the front and sides thereof. All vacant lots shall be maintained reasonably free and clear of debris,
trash and weeds.
Upon the failure of the Owner to maintain or landscape the grounds in accordance with the
provisions hereof, the Architectural Control Committee or the Association may, upon 30 days
written notice to the Owner, cause the grass, weeds and vegetation to be cut, when, and as often as,
in its judgment is necessary, or cause appropriate landscaping to be installed. Upon the failure of
10
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
the Owner to maintain the exterior of any structure in good repair and appearance, the Committee
or the Association may, upon 6 months written notice to the property Owner, make repairs and
improve the appearance of the structure in a reasonable and workmanlike manner. For purposes of
performing such maintenance as may be required hereunder, the agents or employees of the
Committee and/or the Association shall have the right, after reasonable notice to the Owner, to enter
upon any Lot at reasonable hours on any business day. Notwithstanding any contrary provision
hereof, the Committee or the Association may enforce the requirements of this Subparagraph by
litigation at law, or in equity, and the costs of such litigation including any attorney's fees, shall be
paid by such Owner, and if more than one, such Owners shall be jointly and severally liable. The
cost of any maintenance required under Article XVI shall be assessed to the Owner thereof, shall
constitute a lien upon the Lot, and may be collected in accordance with the provisions of Article
XVIII hereof.
ARTICLE XVII
PROPERTY LINES AND BOUNDARIES
Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown
on curves are chord distances, and all curve data as shown on the attached plat are centerline curve
data. In the event of minor discrepancies between the dimensions or distances as shown on the
attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as
set shall control.
ARTICLE XVIII
MONTAGNE COURT PROPERTY OWNERS
ASSOCIATION, INC.
At any time after the filing of this Bill of Assurance, the Allotor may form a nonprofit
corporation known as the Montagne Court Property Owners Association, Inc. Each Owner of any
Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, shall be
deemed to covenant and agree to fully abide by and comply with the Articles of Incorporation and
Bylaws of the Association, as amended from time to time. The activities of the Association with
respect to the hereinbefore described lands shall, in addition to the Articles of Incorporation and
Bylaws, be subject to the following directions, limitations and conditions:
(a) Membership. Once formed, every Owner of a Lot shall be a member of the
Association. Membership shall be appurtenant to and not be separated from ownership of any Lot
which is subject to assessment. The Owner(s) of each Lot shall be entitled to one vote for each Lot
owned. When more than one person holds an interest in any Lot, all such persons shall individually
11
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
be Members but shall collectively have one vote only with respect to each Lot owned by such
persons. The Allottor shall be entitled to one vote for each Lot owned by Allottor.
(b) Owner's Easements of Enjoyment. Every Owner shall have a right and easement
of enjoyment in and to the Common Area or areas which shall be appurtenant to and which shall
pass with the title to every Lot, at such time or times as the same shall be conveyed to the
Association by the Allottor, subject to the following provisions:
(i) The right of the Association to charge assessments for the maintenance and
repair of the common area;
(ii) The right of the Association to suspend voting rights and rights to use of the
common areas by an Owner for any period during which any assessment as
hereinafter described against such Owner's Lot remains unpaid; and for a
period not to exceed 60 days for any infraction of the published rules and
regulations regarding the use of such common areas facilities promulgated by
the Association;
(iii) 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 purposes and
subject to such conditions as may be agreed to by the Association. No such
dedication or transfer shall be effective except upon the vote of a majority of
the Members.
(iv) The right of the Allottor to use of any of the Common Areas to promote sales
of unsold Lots within the Addition, such use to be without cost to Allottor.
(c) Covenant for Maintenance Assessments. 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:
(1) Annual assessments or charges; and
(2) Special assessments for capital improvements, such assessments to be
established and collected as hereinafter provided.
The Allottor shall have no liability for payment of any such assessments for unsold Lots.
The annual and special assessments, together with interest, costs and reasonable attorneys fees, shall
be a charge on the Lots and shall be a continuing lien upon the property against which each such
12
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
assessment is made. Each such assessment, together with interest, cost, and reasonable attorneys
fees, shall also be the personal obligation of the person or persons who was the Owner or Owners
of such Lot at the time when the assessment fell due. The assessments levied by the Association
shall be used exclusively for the recreation, health, safety and welfare of the residents in the
Addition, for the improvement and maintenance of the common areas, for repair and replacement
of common areas within the Addition, whether public or private, for insurance, taxes, and other costs
and expenses related to, and, in the discretion of the Board of Directors, consistent with the purposes
of the Association. The initial annual assessment which may be collected monthly, shall be fixed
by the Board of Directors of the Association to commence at such time or times as shall be
determined by Board of Directors. From and after the establishment of the initial annual assessment,
the amount of the annual assessment may be increased each year by the Board of Directors of the
Association by not more than 5% above the annual assessment for the previous year without the
necessity of a vote of the membership. In the event that the Board of Directors of the Association
deems it necessary to increase the annual assessment in excess of 5% over the prior year's annual
assessment, a vote of the majority of the members present at a meeting duly called for such purpose
shall be required in order that such increased assessment may be charged; provided that, in such
event, if the Allottor is at such time, the owner of more than 50% of the lots in the addition; the
Allottor shall have no more than 50% of the total number of eligible votes on such issue. Further,
notwithstanding anything to the contrary herein contained, the Board of Directors ofthe Association
shall be empowered to levy, in any assessment year, a special assessment applicable to that year only
for the purpose of deferring and paying, in whole or in part, the costs of any construction,
reconstruction, repair or replacement of a capital improvement located upon and situated in the
common areas, including fixtures and personal property related thereto, provided, however, that any
such assessment shall have the assent of sixty-five percent (65%) of the members present, voting in
person or by proxy, at a meeting duly called for such purpose. Any annual and special assessments
as hereinbefore described shall be uniform for all Lots within the Addition and may be collected on
a monthly basis. The annual assessments hereinbefore described, once levied, shall commence as
to each Lot upon the first day of the month following the date of sale of each such Lot. The first
annual assessment shall be adjusted according to the number of months remaining in the calendar
year and the amount thereof shall be prorated. The Board of Directors of the Association shall fix
the amount of the annual assessment against each Lot at least 30 days in advance of each annual
assessment period. Written notice of the annual assessment shall be sent to every Owner subject
thereto. The due date shall be established by the Board of Directors of the Association. The
Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an
officer of the Association setting forth whether the assessments on a specified Lot have been paid.
A properly executed certificate of the Association as to the status of assessment of a Lot is binding
upon the Association as of the date of its issuance.
13
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
(d) Effect of Nonpayment of Assessments and Remedies. Any assessment not paid
within 30 days after the due date thereof as established and fixed by the Board of Directors of the
Association shall bear interest from the due date at the maximum lawful rate. The Association may,
upon such default, bring an action at law against the Owner or Owners personally obligated to pay
the same, or foreclose the lien of the assessment against the property. The Owner may not waive
or otherwise escape liability for the assessments herein provided by non-use of the common area or
abandonment of his Lot. The lien of the assessments provided for herein shall be subordinate to the
lien of any first mortgage. The sale or transfer of any Lot shall not affect the assessment lien;
provided, however, that the sale or transfer of any Lot pursuant to any mortgage foreclosure or
proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which
became due prior to such sale or transfer. No sale shall relieve such Lot from liability for any
assessment thereafter becoming due or from the lien thereof.
ARTICLE XIX
ADDITIONAL PROPERTY
The Allottor may, but shall not be obligated to, develop additional adjoining tracts
(hereinafter referred to as the "Additional Phases") in a fashion consistent with the development of
the hereinbefore described lands.
ARTICLE XX
RIGHT TO ENFORCE
The restrictions, covenants and provisions herein set forth shall run with the lots platted
hereby and shall bind the present owner, their heirs, successors and assigns and any person, natural
or artificial, hereinafter owning any of the lots platted hereby. Allottor and any owner of any of the
lots platted hereby including any Additional Phases shall have the right to sue for and obtain an
injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of, the
restrictions above set forth, in addition to any ordinary legal action for damages. The failure of
Allottor or any owner of any of the lots platted hereby to enforce any of the restrictions hereby set
forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so
thereafter.
ARTICLE XXI
MODIFICATION OF RESTRICTIONS
Notwithstanding any provision, restriction or covenant herein contained to the contrary, so
long as Allottor is the owner of 51 % of the land in this Addition including lands adjacent to this
14
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
Phase I of the Addition, owned by Allotor, and included in the overall preliminary plat of the
Addition filed with the Planning Commission of the City of Little Rock, then any and all of the
covenants, provisions and restrictions set forth herein may be amended, modified, extended, changed
or canceled, in whole or in part, by a written instrument signed and acknowledged solely by the
Allottor. Furthermore, notwithstanding any provision, restriction or covenant herein contained to
the contrary, any and all of the covenants, provisions and restrictions set forth herein may be
amended, modified, extended, changed or canceled, in whole or in part, by a written instrument
signed and acknowledged by at least fifty (50%) percent of the owners of the Lots, PROVIDED,
HOWEVER, any such amendment, modification, extension, change or cancellation, in order to be
effective and enforceable, must be approved and consented to in writing by Allottor regardless of
whether or not Allottor owns any lots platted hereby, such approval to be in the sole discretion of
the Allottor. The provisions of any such instrument so executed shall be binding from and after the
date it is duly filed for record in Pulaski County, Arkansas. Each covenant, restriction and provision
in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect
until January 1, 2025.
ARTICLE XXII
ASSIGNMENT AND BINDING EFFECT
Allottor expressly reserves the right to assign in writing the Allottor's rights and obligations
hereunder to another person, natural or artificial; provided, however, such other person shall only
succeed to the rights and obligations of the Allottor upon recordation of such an assignment executed
by the Allottor which expressly and specifically assigns the Allottor's rights and obligations
hereunder and a conveyance of the land platted hereby will not be deemed such an assignment to the
purchaser thereof. Otherwise the personal representatives, heirs and successors of the Allottor shall
automatically be bound by and shall succeed to the rights, duties and obligations of the Allottor.
ARTICLE XXIII
EXTENSION
All covenants for which extension is not otherwise provided in this instrument shall
automatically be extended for successive periods of ten (10) years each, unless modified, terminated
or canceled as provided herein.
15
DUc# 2003054006
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
ARTICLE XXIV
SEPARABILITY
Invalidation of any restriction set forth herein, or any part thereof by an Order, Judgment or
Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any
part thereof as set forth herein, but they shall remain in full force and effect.
EXECUTED this _4 day of May, 2003.
ALLOTTOR:
�. NEW
STATE OF ARKANSAS )
)ss
COUNTY OF PULASKI )
ALLOTTOR:
ACKNOWLEDGMENT
On thisSI s day of May, 2003, before me, the undersigned Notary Public, personally
appeared JIM D. SWINK, and D. JUNE SWINK, husband and wife, known to me to be the persons
whose names are subscribed to the foregoing instrument, and acknowledged to me that they had
executed the same for the considerations and purposes therein contained and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
A?1-4
Nota u iic
My Commission Expires:
Reviewed cn!y for inc:usi3n of minimum standard.-
t6quired by the C!tr of Litfls Rock subdivisicn r2guh5orr,
Bill of Assuraran prajisicn: cstti,;ic:;-d by
developer may cx.=. d rrir::rnu,.; rc ulatx . cf bra
Little Rode subdivision d zoning ordinznx;
Q
ity of Little Rock Planni mmission
Doc# 20030 ;4006
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
MORTGAGEE'S DEDICATION AND CONSENT
/ �L, �PJ✓X(Z il 'G-j 13L �E[� j2 �(Y�/
That �fLA c K ) rsQ ti-k , for and in consideration of the benefits to accrue to it from
the terms and provisions hereof, which it acknowledges to be of mutual benefit, does, solely for the
purposes hereinafter stated and none others, hereby j oin in and consent to the dedication of the street
rights -of -way and easements for the use and benefit of the public herein above set forth and does
hereby consent to and approve of (i) the platting and subdivision of the property herein described
and (ii) the terms and provisions herein above set forth.
Dated this S/ day of May, 2003."''
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF PULASKI } Dnvnz
On this � day, o ay, 2003, before me, the undersigned Notary Public, personally
appeared ViTi1tiFK, wi-fe, known to me to be the persorlg
whose name' subscribed to the foregoing instrument, and acknowledged to me that theyItad �6
executed the same for the considerations and purposes therein contained and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
- zl��- A
�IAN otary Public
My Commission Expires: �
GSM
-c
UP
.. i
17
Cq of We Rock _ CiviO Enc��raeeri�� Division
f. Department of 701 West M ,rkh am
r Public Works Little Rock, Arkansas 72201-1300
371-4811 Fax 371-4460
WID
CIVIL ENGINEERING RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED. APPROVAL FOR FILING OF/TfRS PLAT CAN
BE ISSUED IYI ON T AG N E Co u g r �'Pl.,r" I / /,s
O14-'�--
nL/ /� %. �1i� ej O
r4l
SIGNED BY SURVEYOR
SIGNED BY 911 ADDRESS COORDINATOR r 0v
DXF. DISKETTE PLAT ,I e, of L-'�
DXF DISKETTE STORM DRAIN
REMARKS
%1L 3
City of Little Rock
Planning and Development
Filing Fees
Date: ! o , 20 -03
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 Changen�;
Street Name Signs
Number R at 457&. $ uc)
Public Hearing Signs
Number at ea. $
Total $
File No. �) — I �Q,u -
Location
Applicant
By 116i�J