HomeMy WebLinkAboutS-1344-G ApplicationCity of Little Rock
Planning and Development
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Date J I 20_LL.
Annexation
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File No.,
I.ocation
Applicant �L�4—'tk— 1)(YL
By
Carney, Dana
From:
jimlawsonj@aol.com
Sent:
Thursday, June 2, 2016 12:06 PM
To:
Carney, Dana
Cc:
Elenlawson@aol.com
Subject:
Ownership in Montagne Count
Mr. Carney,
Recently there has been discussion by the Board of the Property Owners Association of Montagne Court as to ownership
some of the rear portions of the lots. The Board is saying that Article 13 of the Bill of Assurance states that the property
between the rear alley and the subdivision boundary is owned in common by all of the property owners. There is no note
on the plat showing a common ownership tract or lot. When we purchased lot 19 of Montagne Court Phase 4 there was
no mention of other owners. Our survey reflected only the residential lot. Can you help me and the owners of the lots of
Montagne better understand what is recognized by the City as the approved subdivision?
More specifically I have the following questions.
What role does the Bill Of Assurance have in the City's approval of a plat?
How does the City review the proposed Bill of Assurance?
What does your review of the approved Montagne Court plat show in terms of ownership? Do you see a common
ownership note on the rear properties?
How do plats show common ownership? Is it in tracts or lots? Would these lots or tracts be shown on the approved
plat?
Does the City recognize that a Bill of Assurance is the legal entity designated to create lots or is it just the recorded
plat?
Do surveys accurately reflect the approved plat?
Thanks for your help. I hope the above questions help to clarify what we are trying to understand about our
ownership. You need not answer each question as written. I am not trying to write your response but merely outline the
issues. Let me know if you have further questions. I am trying to get a better understanding of the approved plat before
the POA Board meeting of June 8th.
Jim Lawson
501 837-4938
City of Littie Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
June 3, 2016
Jim and Ellen Lawson
We have reviewed the several questions you submitted regarding plats and bills of assurance and
have the following response.
A draft bill of assurance is to be submitted in conjunction with a proposed preliminary plat. The
draft shall use the format provided within the sample draft provided by staff. This format will
ensure that the proposed bill of assurance separates those provisions required in the plat by
ordinance and those provisions desired by the developer.
Bill of assurance shall be submitted to the staff for review and approval with the final plat. This
document shall incorporate the same provisions as those filed with the preliminary plat, including:
offering dedications of streets and alleys, parks and other public lands; establishing, easements; lot
numbering, plat title and, setting forth procedures by which amendments to the bill of assurance
can be made. The language within the bill of assurance shall be divided so as to specifically identify
those provisions required by the subdivision ordinance and those provisions entered as covenants
between the developer and owners.
The staff of the planning commission shall endorse for filing only those provisions required and
as illustrated in the sample instrument provided at the time of preliminary plat review. The bill of
assurance shall contain reference to the approval of the final plat.
The approved preliminary plat for Montagne Court Addition indicates the ownership of the
perimeter lots extending to the boundary of the plat with on access easement along the rear property
lines, adjacent to the perimeter of the plat.
The Addition was final -platted in several phases. The final plat which includes Lot 19 again shows
ownership of the lot extending to the perimeter of the plat. The common access, drainage and
utility easement is indicated. Also, along the south boundary of the lots abutting Forest Lane a "5'
no vehicular, common area, wall maintenance and utility easement" area is noted within the
common access, drainage and utility easement which overlays the lots.
Typically common areas within a plat are indicated within tracts that are separate from the lots to
be individually owned. The bill of assurance would then contain language regarding ownership
and maintenance of the common areas.
The recorded plat is recognized as the legal entity designated to create lots.
Surveys should accurately reflect the approved plat.
If additional information is needed, please contact me at 501-371-6817 or at
dcarn eyOl ittlerock.o rg.
' cerely,
Dana Carney, Zoning and Subdivision Manager
City of Little Rock Department of Planning and Development
H-6�q
THIS INSTRUMENT PREPARED BY:
CHRISTOPHER O. PARKER, ESQ.
EICHENBAUM, LILES & HEISTER, P.A.
124 WEST CAPITOL AVENUE, SUITE 1400
LITTLE ROCK, ARKANSAS 72201
501-3764531
2006010475
02/08/2000 11:54:39 AN
Filed & Recorded in
Official Records of
RAT O'ARIEN
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $68.00
DECLARATION OF
RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
(Lots 19, 20, 21, 22, 23, 24, 25, 26, 27, 48, 48 and 50
Montagne Court, Phase IV, an Addition to the
City of Little Rock, Pulaski County, Arkansas)
KNOWN ALL MEN BY THESE PRESENTS:
THAT WHEREAS, on or about June 5, 2003, Jim D. Swink and D. June Swink caused to
be filed as Instrument No. 2003054006 a Declaration ofRestrictive Covenants and Bill of Assurance
of Phase I of Montagne Court, an Addition to the City of Little Rock, Pulaski County, Arkansas
laying out Lots 1, 2, 3, 4, 5, 6, 35, 36, 37, 38, 39 and 40 as shown on a Plat of Phase I filed in Book
G at Page 672 of the real estate records of Pulaski County, Arkansas.
THAT WHEREAS, on or about December 19, 2003, Jim D. Swink and D. June Swink
caused to be filed as Instrument No. 2003127667 a Declaration of Restrictive Covenants and Bill
of Assurance of Phase II of Montagne Court, an Addition to the City of Little Rock, Pulaski County,
Arkansas laying out Lots 7, 8, 9, 10, 11, 12, 56, 57, 58, 59 and 60 as shown on a Plat of Phase II
filed in Book G at Page 837 of the real estate records of Pulaski County, Arkansas.
THAT WHEREAS, on or about February 11, 2005, Jim D. Swink and D. June Swink
caused to be filed as Instrument No. 2005-012807 a Declaration of Restrictive Covenants and Bill
of Assurance of Phase III of Montagne Court, an Addition to the City of Little Rock, Pulaski
County, Arkansas laying out Lots 13, 14, 15, 16, 17, 18, 51, 52, 53, 54 and 55, as shown on a Plat
of Phase III filed in Book H at Page 225 of the real estate records of Pulaski County, Arkansas.
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:
PART OF TRACT "A" OF WILDWOOD SUBDIVISION, PULASKI COUNTY,
ARKANSAS AND PART OF THE W%2 NE1/4 NW1/4 OF SECTION 24, T-2-N, R-
14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE
PARTICULARLY DESCRIBED AS:
it
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
BEGINNING AT THE SOUTHEAST CORNER OF LOT 18, MONTAGNE
COURT, PHASE 3, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS, SAID CORNER LYING ON THE EAST LINE OF SAID W% NE'/4
NW'/4; THENCE SO1°32'09"W ALONG SAID EAST LINE, 109.45 FT. TO THE
SOUTHEAST CORNER OF SAID W% NEl/4 NW'/4; THENCE N89°30'02"W
ALONG THE SOUTH LINE OF SAID W% NE'/4 NW'/4, 208.96FT.; THENCE
NO103 P41 "E ALONG THE WEST LINE OF SAID W%2 NEl/4 NW'/4, 25.33 FT. TO
THE SOUTHEAST CORNER OF SAID TRACT "A", WILDWOOD
SUBDIVISION; THENCE N89023'33"W ALONG THE SOUTH LINE OF SAID
TRACT "A", 411.07 FT.; THENCE N01°33'09"E ALONG THE WEST LINE OF
SAID TRACT "A", 273.86 FT.; THENCE S88°26'51"E, 145.00 FT.; THENCE
N01033'09"E, 20.00 FT.; THENCE S88°26'51"E, 165.00 FT. TO THE
NORTHWEST CORNER OF LOT 51, SAID MONTAGNE COURT, PHASE 3;
THENCE S01033'09"W ALONG THE WEST LINE OF SAID LOT 51, 60.00 FT.
TO THE SOUTHWEST CORNER THEREOF; THENCE S88°26'51"E ALONG
THE SOUTH LINE OF SAID LOT 51, 120.00 FT. TO THE SOUTHEAST
CORNER THEREOF, SAID CORNER LYING ON THE WEST RIGHT-OF-WAY
LINE OF MONTAGNE COURT; THENCE SO1 °33'09"W ALONG SAID WEST
RIGHT-OF-WAY LINE, 50.00 FT.; THENCE SOUTHERLY CONTINUING
ALONG SAID WEST RIGHT-OF-WAY LINE BEING THE ARC OF A 25.00 FT.
RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF
S 12048'52"W, 9.76 FT. TO A POINT ON THE NORTHWESTERLY EXTENSION
OF THE SOUTH LINE OF SAID LOT 18; THENCE S65055'26"E ALONG SAID
SOUTH LINE, 207.66 FT TO THE POINT OF BEGINNING, CONTAINING
143,806 SQ. FT. OR 3.013 ACRES, MORE OR LESS.
AND WHEREAS, it is desirable that the above described property be platted into lots and
streets and incorporated as an Additional Phase of Montague Court pursuant to Article XIX and XX,
as set out in Instrument No. 2003054006.
NOW, THEREFORE,
WITNESSETH:
That the said Allottor, for and in consideration of the benefits to accrue to him and his
successors and assigns, which benefits he acknowledges to be of value, have caused the real
property 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
OA
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
ofPulaski County, Arkansas, in 1 ' `,Q 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 19, 20, 21, 22, 23, 24, 25, 26, 27, 48, 48 and 50, Montagne Court, Phase IV, 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.
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.
3
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 of providing 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.
(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 anyperson 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,
4
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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,
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
5
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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, ifmade, will render the
proposed construction acceptable. In the event that the Committee neither
approves nor disapproves any proposed construction within 30 days of
receipt 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
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,
31
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 set back 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 maybe 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.
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
7
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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
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
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 maybe kept, provided that they are not kept or maintained for any
commercial purpose.
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.
0j
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 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
10
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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
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
XVIR hereof.
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DECLARATION OF RESTRICTIVE
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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 subj ect 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
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
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DECLARATION OF RESTRICTIVE
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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
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 five percent (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 five percent (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 fifty percent
13
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
(50%) of the lots in the addition, the Allottor shall have no more than fifty percent (50%) of the total
number of eligible votes on such issue. Further, notwithstanding anything to the contrary herein
contained, the Board of Directors of the 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.
(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.
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 fifty-one percent (51 %) of the land in this Addition including lands
adjacent to this 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
15
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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.
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 -WA day of�,
ALLOTTOR: ALLOTTOR:
J M D. SVnNK
Reviewed only for inclusion of minimum standards
requlfew by h. o City cf Lib's Rflck subd;visicn regulations
Bil cf ..cFrc:wia~a t::..
daveloacr may cxcard r -. -_:a,f
Little Rock subdivision and zoning c: d:n_ncc
a 19in
Ci of Little Rock Planninn Commission
16
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
ACKNOWLEDGMENT
STATE OF ARK.ANSAS )
)SS
COUNTY OF PULASKI )
rangy A G
On this ,?/ day of , , before me, the undersigned Notary Public, personally
appeared JIM D. SVnNK, 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.
My Commission Expires:
TAMARA M. GUFFEY
NOTARY PUBLIC-ARKANSAS
SALINE COUNTY
MY COMMISSION EXPIRES: 02-03-14
17
-J��� >'n L'y",
Notary Public
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME MONTAGNE COURT L-19-27 & L-48-50 PHASE 4 REPLAT T-A
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improvements remain uncompleted and a punch list has been prepared and sent..
kFoot. 00 Engineering Specialist Date:
ADDRESSING SPECIALIST'S REPORT
I ve v' e a d i that the street names and street configuration are acceptable.
Addressing Specialist Date: 2 �e U
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for
billing to developer:
Certain improvements remain uncompleted and a punch list has been prepared and sent.
L7� ^ �
�CF-t2>� Traffic Engineer Date:
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount. 5[e k E rY :2r Fit
Financial assurance for the uncompleted improvements listed above has been received. 5w vN �£4-4-1.•
rr 1
All other requirements for finsl plat approval have been satisfied. J -Tap Sex a S ft Q o�
Civil Engineer VI1 Date: lC� �� 04r�� jC4-Ttt-wr XG
SURVEVOR'S REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
•
Surveyor
MANAGER APPROVAL
Al Civil Engineering requirements for filing this final plat have been satisfied.
vl�- Date: ___ 2l � l a c.
Design Review Engineer/Civil Engineering Manager
July 2005
�AAI
Date:_//W/.O G
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME MONTAGNE COURT L-19-27 & L-48-50 PHASE 4 REPLAT T-A
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improvements remain uncompleted and a punch list has been prepared and sent.
—Y--1 & 00 G-) Engineering Specialist Date: ZWC(O
ADDRESSING SPECIALIST'S REPORT
I ve ev' e a d f that the street names and street configuration are acceptable.
Addressing Specialist Date: 2�
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for
billing to developer:
Certain improvements remain uncompleted and a punch list has been prepared and sent.
c.AZYL. (Q Traffic Engineer Date:
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount. 5u E'TY a f F--44-
Financial assurance for the uncompleted improvements listed above has been received. oN Pc*%'C" t4•4F
All other requirements for final plat approval have been satisfied. a, -Tap SOIL c. ra0
Civil Engineer I/II Date: L/ 6)L��
SURVEYOR'S REPORT �AAI
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
' Surveyor Date: O
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
Date: 2h a (o
Design Review Engineer/Civil Engineering Manager
July 2005