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HomeMy WebLinkAboutS-1377-A ApplicationCity of Little Rock Planning and Development Filing Fees Date: 5 t.`1 .20 04 Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs r Number, U atJ5� ea. Public Hearing Signs Number at ea. =�=t 8._�'.� • r1� 2005 Total Da File No. -S-- ( 3.1 1-1- Location (�- fit] Applicant h& L ,�Aj By City of Little Rock � Planning and Development Filing Fees SEQ. '2 0 2007 Date: 20 _._�I_, "J Annexation tkV L-10 6 , I -C) Board of Adjustment $__ Cond. Use Permit/"'F.U.P. S Final Plat 5 Planned Unit Dev. Preliminary Plat Special Use Pen nit Rezoning $ Site Plans Street mare Change $ Street Name Signs N umber mat -ca. $ Public Hearing Signs Numberatea. $ Total $ File No. S , Location J 0, Applicant 4 1 By _IZ GREENWOOD ACRES LLC a"05017498 eve new 10:31:16 AM 2723 FOXCROFT RD., SUITE 104 LITTLE ROCK, AR. 72227 Filed 6 Recorded in Official Recoxda of PAT 098RIEH PROTECTIVE AND RESTRICTIVE COVENANTS AND BILL OF ASSURAN LASKI COUNTY GREENWOOD ACRES SUBDIVISION PHASE 1 A, LITTLE ROCK, ARKAN51�0$41.00aTY CLERK PART A. PREAMBLE: KNOW ALL MEN BY THESE PRESENTS: That Greenwood Acres LLC, hereinafter called Developer or Grantor, is the owner of the following property: (CORRECT DESCRIPTION) Whereas, it is deemed desirable that all of the above described property be subdivided into building lots, common areas, tracts and streets as shown on the Plat filed in conjunction with the Bill of Assurance; and, Whereas, Greenwood Acres LLC, Inc. as Grantor herein, has caused said land to be surveyed and a plat thereof made, dividing said land into lots and streets, as shown on said plat and showing the dimensions of each lot and the width of the streets as shown on said plat for the purposes of making said land an Addition to the City of Little Rock, Pulaski County, Arkansas, known as Greenwood Acres Subdivision Phase 1 A. NOW, THEREFORE, in consideration of the purposes herein stated, Grantor does hereby designate said Iand above described as shown by said plat, which is hereto attached and made a part hereof as "Greenwood Acres Subdivision Phase 1 A, an Addition to the City of Little Rock, Pulaski County, Arkansas", the "Addition" herein and that hereafter any conveyance by the owners of said land by lot and phase number shall forever be held to be a good and legal description and the streets shown on said plat in said Addition are hereby dedicated as public streets for the use and benefit of the public as such_ The use of the land in said &d&tjon is sui3j d to the following 11rotective and Restrictive Covenants, which shall also be known as the Bill of Assurance. Grantor does hereby certify that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide said real estate as GREENWOOD ACRES SUBDIVISION PHASE 1 A, hereinafter called GREENWOOD ACRES an Addition to the City of Little Rock, Pulaski County, Arkansas, and Grantor hereby dedicates to the public forever an easement of way on and over the streets as shown on said Plat to be used as public streets. In addition to the said streets there are shown on said Plat certain easements including easements for drainage and utilities. Grantor hereby donates and dedicates such utility easements to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electrical power, cable television, gas, telephone, water and sewer, with the right hereby granted to A-M, the persons, firms or corporations engaged in the supplying of such utility services to use and o C I R�� t such easements and to have free ingress and egress thereon for the installation, maintenance, ;'�'•:;; r' and replacement of such utility services. Any and all other easements and reservations sho on: Plat, such as easements and reservations for entry facilities, signs, landscaping, ingress and egress, fencing, and the like are also hereby dedicated and donated to and for the use of Developer, GREENWOOD ACRES PROPERTY OWNERS ASSOCIATION, and its members. PART B. AREA OF APPLICATION: B-1 FULLY PROTECTED RESIDENTIAL AREA. The Bill of Assurance covenants in Part C, D, and E in their entirety shall apply to the entire Addition and each and all Phases therein, except subsequent phases may have their own Bill of Assurance, which would be controlling for that phase. PART C. PROTECTIVE AND RESTRICTIVE COVENANTS - BILL OF ASSURANCE: C-1 LAND USE AND BUILDING TYPE. No lot shall be used except for residential Purposes. No business or commercial enterprise of any nature or kind shall at any time be conducted in any building located on any said lots except for Real Estate sales and marketing of lots and homes during the construction phase. This restriction will not prohibit the temporary maintenance of model homes for promotional purposes and sales offices by Developer or other professional builders with approval of the Developer or the platting of tracts for other lawful purposes by Developer. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height, excluding basement area. Garages may not be enclosed at a later date without the approval of the Architectural Control Committee and the construction of another two -car garage:. C-2 FENCING USE AND TYPE. If any builder or homeowner wishes to erect a fence, only wood or brick privacy fences shall be allowed. Chain link fences will not be allowed. Also, no fence - will come forward of the actual structure or the lot building line, whichever is further back from the street, except that a house erected on a corner lot may have a side fence no closer than 15 feet to the street on the side of a comer lot, such fence to begin at least 15 feet behind the front property line. All other perimeter boundaries may follow the lot line. All fencing so placed shall have the finished side towards the streets where applicable. When fencing is installed, the finished side must face out unless the Architectural Control Committee allows otherwise. Any variations in fencing must be approved by the Architectural Control Contniitlee. C-3 ARCHITECTURAL CONTROL. No dwelling or structure shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony, and integrity of external design with existing structures, and as to location with respect to topography and finish grade elevation, and intended objectives for the Architectural Control Committee to achieve a subdivision that accomplishes the desired architectural design in the structures and subdivision aesthetics. The term "structure" is defined to include any and all types of outbuildings as more specifically described in paragraph C-10, fences, antennas, basketball goals, swimming pools, and television satellite dishes, which in no event shall be placed in front of dwelling, or to be visible from the street. All satellite dishes and antennas must be approved by the Architectural Control Committee. Mailboxes must be approved by the Architectural Control Committee and must match the materials used in the construction on the exterior of the front of the house; also must be maintained to be straight and in good repair. All mailboxes must be erected and maintained to meet the requirements of the U.S. Postal Service. The U.S. postal service must approve the location of all mailboxes. Approval shall be as provided in Part D below. No basketball goals are allowed in front yards. All goals must be at least 10 feet behind the front side of the house they are located on and located behind an imaginary line extended from the midpoint of the garage parallel to the street. The location of all basketball goals must be approved in writing by the Architectural Control Committee. Any goals put up without approval must be removed. All gutters must be the "seamless" type, match the color of the house, and be shaped to be in contact with the fascia, soffit, and walls at all times. C-4 DWELLING QUALITY AND SIZE. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1300 square feet of heated space for a one-story dwelling, or 700 square feet of heated space for a dwelling of more than one-story, which with the second floor area would be at a minimum of 1400 square feet exclusive of basements. C-5 DWELLING LOCATION. No dwelling shall be located on any lot nearer to any street line than the minimum building set back lines as shown on the recorded plat, In any event, no dwelling shall be located on any lot nearer than 25 feet to a front lot line or nearer than 25 feet to the rear lot line. Side yard set backs must meet the requirements of the City of Little Rock. No lot shall be subdivided and no more than one dwelling shall be permitted on anyone lot. C-6 LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than 50 feet at the minimum set back line as shown by said plat. C-7 EASEMENTS, COMMON AREAS, TRACTS AND NATURAL AREAS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Changes in use of easements or additional utility lines in easements require the approval of Grantor. No additional easements or expanded use of easements on any lots are permitted without the written approval of Grantor. There may be shown on the plat filed in conjunction with this Bill of Assurance certain natural areas noted as tracts. These areas of Tracts are reserved for the exclusive use and enjoyment of the owners of property in GREENWOOD ACRES. Such uses may include, but are not limited to, the following: playground areas, trails, sidewalks, walkways, exercise and jogging paths, entry features, signs, interpretive signs, sales offices used by Developer, landscaped areas, and other recreational areas or facilities. No construction of any kind and no disturbance during construction, shall take place on such natural areas other than that under taken by the Developer. Such areas shall be conserved as natural areas without the removal of any living vegetation, all as more fully described in the Declaration of Covenants and Restrictions and in. any architectural guidelines and policies which are established by the Architectural Control Committee for GREENWOOD ACRES. Unless specific easements for access, ingress and egress are shown on the recorded plat for a particular lot or lots, no common area may used for access, ingress, egress, parking, storage of materials, dumping or debris, excavating, filling or for any other use inconsistent with this paragraph. All common areas in GREENWOOD ACRES and improvements therein, including greenbelts, islands, medians, and tracts of land set aside and reserved for drainage, buffer, park and aesthetic purposes shall be maintained by GREENWOOD ACRES PROPERTY OWNERS ASSOCIATION, at its sole cost. All such areas dedicated and donated by the Developer to the association and will be reserved for the use and benefit of the owners of lots within GREENWOOD ACRES. GREENWOOD ACRES PROPERTY OWNERS ASSOCIATION shall have all of the rights, powers and privileges as set forth in the By -Laws of GREENWOOD ACRES PROPERTY OWNERS ASSOCIATION attached hereto and made apart hereof. Sign and landscape easements may be reserved by the Developer on portions of lots or land in GREENWOOD ACRES. These easements permit the construction, maintenance and upkeep of permanent subdivision identification signs, fountains, fences, and associated landscaping, berms and rocks, and are reserved for the use and benefit of Developer for as long as Developer holds titled to any land or lots in GREENWOOD ACRES or in contiguous lands subsequently platted as a phase of GREENWOOD ACRES. Developer may assign these easements to any organization representing owners of lots in GREENWOOD ACRES at any time during the period Developer holds title to any land or lots in GREENWOOD ACRES. If no assignment takes place during such period, or if Developer releases an easement, the easement shall cease to exist. The developer or its assigns retain the right to construct, maintain and keep temporary or permanent identification signs or interpretive signs on any Tract or common area in GREENWOOD ACRES. C-8 NUISANCES. No unlawful, noxious or offensive activities shall be carried out upon any lot, nor shall anything be done or kept thereon which may become an annoyance or nuisance to the neighborhood, or may adversely affect the value of other dwellings. C-9 TEMPORARY STRUCTURES. No structures of a temporary character, motor home, trailer, travel trailer, basement, tent, shack, garage, barn, or other out building shall be used on any lot at any time as a residence either temporarily or permanently. C-10 OUTBUILDINGS. One building for storage shall be permitted. Prior to the construction and/or installation of any such storage building, a privacy fence shall be erected as set forth in C-2, above. All outbuildings must be approved in writing by the Architectural Control Committee, may not be located on easements, and must meet all requirements of the City of Little Rock. C-11 SIGNS. No sign of any kind shall be displayed to the public view on any lot, except two professional signs advertising: "For Sale", "For Lease", and "For Rent" (one for Real Estate and one for Builder). The signs will not be more than 2.5 square feet. No signs advertising any business shall be allowed. Signs advertising "Yard Sales" will be temporarily allowed and they are to be displayed not more than 1 day prior to the day of the sale and removed as soon as the sale has ended. C-12 OWNER AND BUILDING/CONTRACTOR RESPONSIBILITY. Any property owner or builder/contractor shall ensure that any contractor performing services for the property owner shall comply with the provisions of this Bill of Assurance, and the property owner shall be responsible for the actions of contractors to the contrary. No person shall damage in any way the utilities or streets in any manner, any damage so inflicted shall become the responsibility of the person who creates the damage. C-13 LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than 3 dogs and cats may be kept on any lot, provided that they are not kept, bred, or maintained for any commercial purpose, and provided that facilities for maintenance of the same are installed, and that the keeping of the same does not constitute a nuisance. Hunting dogs are expressly prohibited. Any pets kept on the premises are subject to the laws of the City of Little Rock, Arkansas. C-14 GARBAGE AND REFUSE DISPOSAL. No lot or easement shall be used or maintained as a dumping ground for rubbish. Trash, garbage, and other waste shall not be kept except in sanitary containers. All material shall be kept in a clean and sanitary condition, and not be permitted at any time at a location, which is visible from the front of the lot, except for the evening prior to scheduled trash pickup through the following evening. C-15 OIL AND MINING OPERATION. No oil drilling, development operation, refining, quarrying, or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any lot. No derrick or structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot. C-16 WATER SUPPLY. No individual water supply system shall be permitted on any lot. The same shall be served by the City Water Department of the City of Little Rock, Arkansas or its assignee. C-17 SEWAGE DISPOSAL. No individual sewage disposal system shall be permitted on any lot. Sewage connections must be made with the City Sewage System of the City of Little Rock or its assignee. C-18 SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, ledge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any lot corner within the triangular area formed by the street property lines and the line connecting them at points 25 feet from the intersection of the street right-of-way lines, or in the case of a rounded property comer, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of the street property line with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. C-19 LAND NEAR WATER COURSES. No building shall be placed nor shall any material or refuse be placed or stored on any lot within the greater of the minimum statutory distance or 20 feet of the property line of any part or edge of any water course, except that clean fill may be placed nearer, provided that the natural water course is not blocked by such fill. C-20 BUILDERS. All building must be performed by competent builders. The Architectural Control Committee reserves the right to submit for approval the name of any contractor selected by a property owner to an architect of the choosing of the Architectural Control Committee. C-21 LOT, YARD, AND HOME MAINTENANCE. All property owners, including builders, shall keep all grounds and yards mowed, trimmed, and clean, and all houses painted or stained. Nothing may be stored on a front porch or in front of the house. No homes can be kept where they are a detraction to the neighborhood or unsightly. C-22 COMMENCEMENT OF CONSTRUCTION. A property owner must start construction of an approved dwelling within a period of 6 months from the date of purchase, defined as the closing date. The owners reserve the option to repurchase any lot for the amount of the original purchase price if construction is not commenced within such period of time. This option shall be exercised in writing within a period of 30 days after the 6-month period. C-23 COMPLETION OF CONSTRUCTION. Any dwelling must be completed in its entirety within a period of one year from the date such construction is commenced. C-24 CURB CUTS. Curb cuts must be smooth and new driveways evenly blended into the curb and gutter. C-25 MOTOR VEHICLE PARKING AND PARKING OF ALL VEHICLES AND BOATS. Abandoned, unused, immobile or (where of a type requiring registration) unregistered vehicles shall not be parked or permitted to remain on any lot or within the dedicated city street. "Vehicles" as used herein shall refer to cars, trucks, boats, trailers, recreational vehicles, four -wheelers, tractors, and the like. No vehicles of any type may be parked in the front yards or side yards, and with the exception of cars and non-commercial trucks shall not be parked on the dedicated street. All vehicles, excepting cars and non-commercial trucks, shall be parked in the garage, or where there exists a fence constructed in conformity with paragraph C-2, behind such fence line or behind the residence building. No vehicles whatsoever shall be parked on the dedicated street between 2:00 a.m. and 5:00 a.m. No tractor -trailer cabs, recreational vehicles, trailers, or other larger commercial vehicles shall be allowed to be parked at the front, side, or back of any lot and cannot be parked in the city street. No vehicle may be parked in any place that is unsightly, such determination being solely within the discretion of the Architectural Control Committee. C-26 SHINGLES. All houses must use roofing shingles approved by the Architectural Control Committee. As a guide this includes standard three tab shingles. "Architectural', "Shadow Line" and "Slate Line" Shingles will be allowed. Any re -roofing of a house must be of the same type as on the house or be approved by the Architectural Control Committee. C-27 BRICK. The exterior foundation material of all houses must be approved by the Architectural Control Committee. As a guide, the front, both sides, and the back of a house must be brick, rock, stone, stucco, or an equivalent material. Any houses that are repaired or added onto must be of the same material as originally used or must have the exterior materials approved by the Architectural Control Committee. C-28 DRAINAGE. The builder of each lot is required to set the finished floor elevation of the home to allow for proper drainage on all side of house. Where necessary, swales shall be constructed in the yard to assist in drainage. All homeowners are required to maintain proper drainage so there is no pooling of water on the lot. C-29 BUILDING CODES. All housed must be built according to the requirements of the City of Little Rock and the building codes adopted by the City. Approval of a set of plans by the Architectural Control Committee does not mean the plans meet any building codes. The builder is responsible for assuring all plans and all work performed satisfy all requirements of the City of Little Rock. C-30 UNDISTURBED BUFFER. The back of lots to have an easement for an "undisturbed buffer". Within this easement, no vehicular access is allowed and no structures of any type are permitted. Existing trees are to remain; additional planting of other trees, shrubs, etc., is permitted. PART D. ARCHITECTURAL CONTROL COMMMEE. The Grantors will cause to be formed an Architectural Control Committee of 2 to 7 persons for the purpose of reviewing all construction plans to assure aesthetic harmony and beauty within the Addition. In this regard, no building, fence, wall, or other structure shall be commenced, erected, or maintained upon any lot, nor shall any exterior addition to, or change or alteration therein be made, nor shall any landscaping of any lot be undertaken, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall be submitted to and approved in writing by the Architectural Control Committee as to the harmony of external design and location in relation to surrounding structures and topography. In the event that any plans and specifications are submitted to the Committee for Architectural review as provided herein, and the committee shall fail either to approve or reject such plans and specifications for a period of 30 days following such submission, such failure to act shall be deemed to be an approval by the Committee for all purposes. The Grantor may elect to turn this function entirely over to residents of the subdivisions at such time as it sees fit. No garages may be enclosed as part of the dwelling without the written approval of the Committee. In any case, the members of this Committee shall in no event be held personally liable or responsible to any owner in this subdivision for their actions, or lack thereof. PART E. GENERAL PROVISIONS: E-1 TERM. These covenants and restrictions shall apply, subject to being amended or cancelled as herein provided and shall remain in full force and effect until December 31, 2030, unless extended. E-2 ENFORCEMENT. In the event of any attempt to violate any of the covenants or restrictions contained herein before the expiration date hereof, it shall be lawful for GREENWOOD ACRES PROPERTY OWNERS ASSOCIATION, any appropriate governmental authority, the Developer, or any person or persons owning a lot or lots in GREENWOOD ACRES to initiate compliance procedures by pursuant to this Declaration. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages, to include any and all costs of bringing such proceedings, including attorneys' fees. E-3 SEVERABILITY. Invalidation of anyone of these covenants by judgments or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. E-4 AMENDMENTS. These restrictions and covenants may be amended at any time by the owner or owners, including the Grantors, of a majority of the lots in this Phase. The majority of lots are calculated as being over 50% of the total number of lots in the Phase. E-5 CONFLICTS. If there is a conflict within difference paragraphs of this document, within a single paragraph, or between this document and the plat, then the more restrictive language or interpretation will apply. E-6 CITY OF LITTLE ROCK. Should there be any conflict between this document and any rules, regulations, requirements, laws or ordinances of the City of Little Rock, the City will override this document in all cases. BILL OF ASSURANCE- GREENWOOD ACRES SUBDIVISION PHASE 1 A. WITNESS our hands on this 120 day41�� 1 2004. GREENWOOD ACRES LLC By: Bill Greenwood STATE OF ARKANSAS COUNTY OF PULASKI BE IT REMEMBERED, that on this day came before me, the undersigned, a Notary Public within and for the County aforesaid duly commissioned and acting, Bill Greenwood, of GREENWOOD ACRES LLC, to me known as the grantor in the foregoing document, and stated that he had executed the same for the consideration and purposes the rein mentioned and set forth. 1�7- WITNESS my hand and seal as such Notary Public on this k_ day of ,2004. tfo��llt�ti:llirri `��i, (SEAL) 1 . • - :;�: , My Commission Expires: V. - '.;.' . my �/e:�-�:i�iisil�� Expires 0 �'•. _ � .' `C]�� Ilfili1111111"\ Reviswed only for inclusion of minimum standards mqulrea by the CKy of Uta Rock subdivision regul.atlom C #i of R3sL ..c3 rrovisims established by ti c dove'c r rr--yox2d rnin-.muni rcu',Aan3 of th0 U W a Rock stt0vI.sion and zonij-,g crLlnancro&L�� . i d5-- i of Little Rock Planninrt Commission 2005017499 93/02/2005 10:31:17 ON ,Filed 6 Recorded in Official Records of GREENWOOD ACRES PROPERTY OWNERS PAT O'BRIEN PULASKI COUNTY ASSOCIATION BY-LAWS CIRCUIf/COUNTY CLERK Fees $38.00 The following By -Laws are hereby adopted to govern the affairs of GREENWOOD ACRES PROPERTY OWNERS ASSOCIATION herein referred to as "the ASSOCIATION") in conjunction with the covenants, restrictions and reservations set forth and contained in the Protective and Restrictive Covenants and Bill of Assurance, Greenwood Acres Subdivision Phase 1 A, Little Rock, Arkansas recorded as Instrument NolG « tM on 'i2. day of The initial principal office of the Greenwood Acres Property Owners Association shall be 2723 Foxcroft Road, Suite 104, Little Rock, Arkansas 72227. The form of administration shall be that set forth in these By -Laws. Grantor, hereinafter called Developer, may elect to form a non- profit corporation under the Arkansas Non -Profit Corporation Act to perform all of the functions set forth herein and through which the administration, business and affairs of the Property Owners Association may be conducted. Following the "organizational meeting" of the Association, to occur subsequent to the termination of the initial Board of Administration appointed by Developer, the principal, office of the Association will be located at the residence of the president of the Association but meetings of officers and directors may be held at such places within Little Rock, Arkansas as designated from time to time by the Board of Administration. ARTICLE I DEFINITIONS Unless it is plainly evidenced by the context that a different meaning is intended, the following words and terms as used herein shall have the following meanings: (a) "Lot" means any developed or undeveloped single family lot located within Greenwood Acres Subdivision Phase 1A hereinafter called Subdivision, upon which a single family residence is to be built or has been built. (b) "Owner" means and refers to a person, firm, corporation, partnership, association, trust, or legal entity, or any combination thereof, who or which owns a lot within the Subdivision. (c) "Members" means every owner as defined in Subsection (b) of this Article, but shall be divided into two classes as hereinafter set forth. (d) "General Common areas" means and includes the lands referred to as "common areas" in the accompanying plat of Greenwood Acres Subdivision Phase 1 A or the accompanying Protective and Restrictive Covenants and Bill of Assurance for Greenwood Acres Subdivision Phase 1 A. (e) "Majority of owners" means owners of more than fifty percent (50%) of the lots within Subdivision. (f) "Person" means an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof. (g) "Property" means and includes the land, the buildings, all improvements and structures thereon, and all easements, rights, and appurtenances belonging thereto. (h) All pronouns used herein include the male, female, and neuter genders and include the singular or plural numbers, as the appropriate case may be, notwithstanding that an inappropriate gender may be used in fact. ARTICLE H JOINT TENANCIES -TENANCIES IN COMMON - TENANCIES BY THE ENTIRETY Any lot may be held and owned by more than one person as joint tenants, as tenants in common, as tenants by the entirety, or in any other real estate tenancy relationship recognized under the laws of Arkansas. ARTICLE III OWNERSHIP OF COMMON AREAS -PERCENTAGES A lot owner or owners shall have the exclusive ownership of his/their lot and shall have a common right to share, with the owners of the other lots, in the common areas of the Subdivision. ARTICLE IV INDIVISIBILITY OF THE COMMON AREAS The common areas shall remain undivided and shall not be the object of an action for partition or division of the lot owners. ARTICLE V USE OF THE COMMON AREAS Except to the extent herein provided, each lot owner may use the common areas in accordance with the purposes for which they are intended, in common with other owners, without hindering or encroaching upon the lawful rights of the other lot owners. ARTICLE VI COMMON AREAS "Common areas" shall mean all land and all portions of land reserved for entry facilities, signs, landscaping, ingress, egress, fencing and the like that are being dedicated and donated to and for the use of Greenwood Acres Property Owners Association by Grantor, to include all improvements therein including greenbelts, islands, medians, and tracts of land set aside and reserved for drainage, buffer, park and aesthetic purposes to be owned and maintained by Greenwood Acres Property Owners Association. ARTICLE VII CONTROL The Greenwood Acres Property Owners Association shall be under the exclusive control and management of the Board of Administration, except to the extent that decisions as provided in these By -Laws are reserved for determination by the Association. year. ARTICLE VIII ANNUAL MEETING The annual meeting of the Association shall be held during the month of January of each ARTICLE IX BOARD OF ADMINISTRATION SECTION 1. General Powers. The management of the affairs of the Association shall be vested in a Board of Administration which may exercise all of the powers of the Association subject, however, to the restrictions imposed by law, by the Protective and Restrictive Covenants and Bill of Assurance or by these By-laws. SECTION 2. Number and Term of Office. The Board of Administration shall consist of five persons, except the initial Board of Administration, hereinafter called "initial Board" shall be composed of three persons selected by Developer who shall serve until the organizational meeting of the Association held pursuant to Article X, Section 2, hereof. All powers, rights and duties of the Association shall be carried out by this initial Board appointed by Developer until the first organizational meeting. At the organizational meeting, the Association members will hold an election and one member shall be elected to serve for a term of one year, two to serve for two years, and three to serve for three years. At all subsequent elections, members of the Board shall be elected for a term of three years. Each member of the Board shall be a natural person and shall be an owner of a lot in Greenwood Acres Subdivision Phase 1A. SECTION 3. Quorum. A majority of the board members shall constitute a quorum for the transaction of business of the Board. A vote of a majority of the members present at any Board meeting shall constitute the action of the Board, except as to those matters where by law or these By-laws require a different majority. If at any meeting of the Board there shall be less than a quorum present, a majority of those present may adjourn the meeting from time to time until a quorum is obtained without further notice except by an announcement at such meeting. SECTION 4. Vacancies. Vacancies on the Board may be filled by the remaining members thereof to serve until the day of the next annual meeting of the Association. SECTION 5. Regular and Special Meetings, The Board of Administration shall meet regularly at least once a year at such times and places as the Board may fix by resolution. Regular meetings once established may thereafter be held without notice of the time and place fixed in such resolution. Special meetings of the Board may be called by the President, or by the Secretary, or upon the call of any two members of the Board on at least one day written notice to each Board member stating the purpose of said meeting. SECTION 6. Compensation. Members of the Board shall serve without compensation for their services as such members. SECTION 7. Powers and Duties of the Board. The Board of Administration shall have charge of, and be responsible for, the management of the affairs of the Greenwood Acres Property Owners Association, the general and limited common areas and any assets held by it on behalf of the Greenwood Acres Property Owners Association. It shall have the power and may exercise all the powers granted to it by law, the Protective and Restrictive Covenants and Bill of Assurance and these By-laws. Said Board shall have power, without limiting the generality of the foregoing: (a) To make, levy and assess common charges against the lot owners of the Subdivision for the purposes set forth in the Protective and Restrictive Covenants and Bill of Assurance of Greenwood Acres Subdivision Phase 1 A and these By-laws and to use the same in the exercise of its powers and duties, and to charge interest at the highest rate permitted by law on delinquent assessments. (b) To maintain, repair, replace and operate the common areas of the Association in such manner and at such times as the Board determines is in the best interest of the entire Subdivision. (c) To contract for the maintenance of the property, provided that any such contract shall not extend for a term beyond one year and shall be capable of being terminated for cause, but nothing herein shall prevent such contract, from being renewed or extended from time to time by agreement of the parties thereto; to enforce by legal means all of the provisions of these By-laws, the Protective and Restrictive Covenants and Bill of Assurance and the resolutions and decisions rendered in pursuance of the By-laws. (d) To prevent loss or damage to the common areas by paying taxes, assessments or other liens against any part of the common areas, and to assess the same against the members in an amount to be determined by the Board. (e) Generally to control the use of the common areas, both general and limited, including, without limiting the generality of the foregoing, the right to establish, alter and amend regulations governing such use. (f) To make or amend rules and regulations respecting the use and operation of the common areas not inconsistent with law, and these By-laws or the Protective and Restrictive Covenants and Bill of Assurance. (g) To pay the costs rendered to the Association for the maintenance of the common areas and to assess the same to each members as part of the common expenses as hereinafter set forth. (h) To enforce the provisions of the Protective and Restrictive Covenants and Bill of Assurance, these By -Laws, the rules and regulations of the Association by legal action, if necessary, and to employ legal, accounting, maintenance and other personnel to perform the services required for the proper administration of the Association and to pay reasonable compensation therefore. (i) To hire and discharge persons employed for the operation of the Property Owners Association on such terms and conditions as the Board, in its discretion, may deem advisable. ARTICLE X ASSOCIATION MEMBERS SECTION 1. Place of Meetings. All meetings of the Association shall be held at the principal office of the Greenwood Acres Property Owners Association or at such other place in the City of Little Rock, Arkansas as the Board of Administration may authorize. SECTION 2. Drganizational Meeting. The organizational meeting of the Association to be held subsequent the termination of the initial Board will be held after termination of the voting rights of Developer as set forth in Section 7 of this Article X. The Developer shall give written notice to Association members and at said organizational meeting the initial Board of Administration shall resign and all the members may participate in electing a new Board of Administration. SECTION 3. Annual Meetings. The annual meeting of the Association shall be held in January of each year. At the annual meeting, the members shall elect the Board of Administration and may transact such other business as may properly come before the meeting and will set the date for the succeeding annual meeting of the Association. SECTION 4. 5necial Meetings_ Special meetings of the Association may be called by the President, Vice President, Secretary, or by a majority of the Board of Administration and in any event must be called by any such officer upon receipt of a written request signed by members owning not less than 25%, in the aggregate, of the total number of lots within the Subdivision. SECTION 5. Notice of Meetings. The Secretary shall forward notice of any annual or special meeting to each member of the class of membership then entitled to vote not less than three nor more than fifteen days prior to the date of such meeting. The notice of the meeting, other than the annual meeting, shall indicate the purpose of the meeting. Notice of meetings need not be given any member owner who signs a written waiver of notice, either in person or by proxy, before or after such meeting. SECTION 6. Quorum. Any number of members of the class of membership then entitled to vote owning in the aggregate not less than 5 1 % of the total number of lots in the Subdivision, who shall be present in person or by proxy, shall constitute a quorum for the transaction of business. SECTION 7. Voting_ Each person who is an owner is and shall be a member of the Association, provided, however, that any Person who owns such interest merely as security for the performance of an obligation shall not be a member of the Association. The Association shall have two classes of membership: Class A and Class B. Class A: Class A members shall be those persons holding an interest required for membership as specified in Section 7, Article X with the exception of the Developer. Class A membership shall be a non -voting membership until such time as hereinafter specified. Class A members shall be entitled to fall voting privileges at such time as the Class B members shall so designate in writing delivered to the Association, or January 1, 2012 whichever shall first occur. When entitled to vote, Class A members shall be entitled to one vote for each lot in which they hold any interest, required for membership under this section. When more than one person holds an interest or interests in a lot, the vote for such lot shall be exercised as they among themselves determine. Each Class A vote shall be voted in person or by proxy. The vote for members of the Board of Administration, and upon demand of any Association member on any other question, shall be by ballot. All matters shall be decided by a plurality vote, except as may otherwise be provided by law or these By-laws. Class B: The Developer shall be the sole Class B member. Class B membership shall be fall voting membership, and during its existence, the Class B member shall be entitled to vote on all matters and events. The Class B member shall be entitled to one vote for each lot in which Developer holds any interest. At such time as the Class A members shall be entitled to full voting privileges, the Class B membership shall automatically terminate and cease to exist, in which event each Class B member shall be and become a Class A member insofar as it may then hold any interest required for membership under Section 7 Article X. From and after the date on which the Class B membership shall terminate in accordance with this Article X and cease to exist, such membership shall not be revived or restarted. SECTION 8. Proxies. A vote may be cast in person or by proxy. Proxies must be in writing, duly executed and filed with the Secretary before the appointed time of the meeting. The proxy will be valid only for the particular meeting designated therein and may be revoked by the appearance in person of the owner at the meeting. ARTICLE XI OFFICERS SECTION 1. Election. The Board of Administration shall at each annual meeting elect a President, a Secretary/Treasurer, and such Vice Presidents as it may from time to time determine. All officers shall serve for a term of one year and until their successors have been duly elected and qualified, and shall be a member of the Board of Administration. The office of Secretary and Treasurer may be held by the same person. SECTION 2. President. The President shall be the chief Executive Officer of the Property Owners Association; preside at all meetings of the Board and the Association; shall have the power to appoint such committees as he may deem appropriate; shall exercise such powers and duties as may be prescribed by the Board; and execute all orders and resolutions adopted by the Board. SECTION 3. Vice President. The vice president shall perform all duties as shall be delegated to him by the president. SECTION 4. Secretg y. The secretary shall keep a record of all actions of the Board at all meetings of the Association. He shall attend to the giving of all notices to the owners. He shall prepare and have available at each meeting of the Association the names of the members of the Association and certify which of them are entitled to vote. SECTION 5. Treasurer. The treasurer shall keep the financial records of the Property Owners Association and shall keep books of account and shall have custody of all the common property of the Property Owners Association, including all funds, securities and evidences of indebtedness. He shall keep the assessment roll and the accounts of the lot owners. He shall deposit all monies and other valuables in the name of and to the credit of the Property Owners Association in such depositories as shall be designated by the Board. He shall disburse the funds of the Property Owners Association as may be ordered and authorized by the Board and render an annual report at the annual meeting of the Association. The treasurer and the president shall report on the operation of the Property Owners Association and the payment of common expenses and the determination and collection of the common charges. All books and records shall be subject to inspection by holders of first mortgages at their request during normal working hours, upon reasonable advance notice. ARTICLE XII Fiscal Management SECTION 1. Assessments. The Board of Administration shall compute the common expenses for each calendar year and shall charge each Class A member an annual assessment and any special assessments as such assessments are fixed, established and collected from time to time as hereinafter provided. The assessments levied under this Article XII shall be used exclusively for the purpose of servicing, improving and maintaining the common areas belonging to the Association including the all parks, greenbelts, walkways, paths, tracts, trails, fences, islands, medians, drainage areas, buffers, landscaped entrance area or areas or any other common areas of the Association located within the Subdivision and any repair, replacement, additions thereto and for the cost of labor, equipment, materials, management and supervision thereof. The Board of Administration shall determine the annual assessment in December of each year for the succeeding year. Such assessment will be sent to each Class A member, mailed by first class mail, in January of each year for which the assessment is made. Such annual assessments shall be due within thirty days of the assessment. The Board of Administration may review and reconsider the assessments made and may increase or decrease the same, as required for the proper management, maintenance and operation of the Property owners. In the event the annual assessment is not sufficient to pay the expenses of the Association, the Board of Administration shall compute and levy any special assessment as it shall determine is necessary to meet the expense obligations of the Association. Until such time as the Class A members shall be entitled to full voting privileges in accordance with Article X of these by-laws, the maximum initial annual assessment of each Class A member shall be Sixty and No/100ths Dollars ($60.00) per Class A member payable to the Association. The Class B member shall pay whatever amount, if any, in excess of the Class A members assessment as, in the sole opinion of the Class B member, may be necessary maintain and manage the common areas. SECTION 2. Assessment Roll. The Board of Administration shall maintain in a set of accounting books an assessment roll and an account for each lot. Such account shall designate the name and address of the owner or owners, the amount of each assessment against the owners, the date and dates on which the assessment comes due and the amounts paid upon the account and the balance due on the assessments. The assessment roll shall be maintained in the office of, the Board of Administration for inspection at all reasonable times by lot owners or their authorized representatives. SECTION 3. Budget, The Board of Administration shall adopt a budget for each year, which shall contain estimates of the cost of performing the various functions of the Property Owners Association and shall include, among its items, a common expense budget consisting of maintenance and operation of common elements, landscaping, walkways, and reserves and any other proper item. Copies of the proposed budget and proposed annual assessments shall be available for inspection at the principal office of the Association fifteen (15) days before the beginning of the year for which the budget is made. SECTION 4. Default in Payment of Assessments. Each assessment shall be a distinct personal debt of the Class A member against whom the assessment is made. If not paid at the time and in the manner as the Board directs, such assessment shall be deemed to be delinquent. Suit to recover a money judgment for delinquent assessments shall be maintainable without foreclosing or waiving the liens securing the same. The amount of any delinquent assessment, whether regular or special, plus interest at the ratio of Ten percent (10%) per annum, costs and a reasonable attorney's fee shall become a lien upon such lot upon recordation of a Notice of Delinquent Assessment. Such lien shall have priority with respect to all other liens and encumbrances recorded or unrecorded. Such lien for a delinquent assessment may be foreclosed in any manner permitted by law. The lien created hereunder for an unpaid assessment on any lot shall be subject and subordinate to, and shall not affect the rights of the holders of any indebtedness secured by any mortgage or similar encumbrance recorded prior to the recording of the Master Deed or given to secure funds lent to purchase such lot. ARTICLE XIII Maintenance and Repair SECTION 1. General. No member shall do or cause to be done any work affecting his lot which would jeopardize the soundness or safety of the property, reduce the value thereof, or impair any easement therein. He shall not repair, alter, replace or remove any part of the common elements or areas wherever located without the prior consent in writing of the Board. SECTION 2. Responsibility of Board. It shall be the responsibility of the Board of Administration to maintain, repair or replace all general and limited common areas and all incidental damage caused by work done at the direction of the Board. SECTION 3. Responsibility of Lot Owner. It shall be the responsibility of the lot owner to maintain his lot in a clean and sanitary condition at all times; to maintain, repair or replace, at his own expense, all portions of the lot which may cause injury or damage to the other lots or to the common areas except the portions mentioned and described in Section 2 , Article XIII; and to refrain from repairing, altering, replacing, or changing the appearance of any portion of the common areas without first obtaining the consent in writing of the Board and to refrain from repairing, altering, replacing, or changing the lot whether exclusively used by the lot owner or otherwise, without obtaining the approval of the Board. ARTICLE XIV Mortgagees SECTION 1 Notice The Board shall, at the request of a mortgagee of a lot, notify the mortgagee of any default by an owner of any lot in the performance of the owner's obligations under the Property Owner By-laws , including any unpaid assessments. SECTION 2 Foreclosure. Any first mortgagee coming into possession of a lot pursuant to the remedies provided for in the mortgage, including foreclosure, or deed in lieu of foreclosure, shall take the lot, free of any claims for unpaid assessments or charges against the mortgaged lot which accrue prior to the time such holder comes into possession of the lot, excluding, however, claims for a pro rata share of such assessments or charges resulting from a pro rata reallocation of such assessments or charges to all lots, including the mortgaged lot. ARTICLE XV Restrictions on Use The lot and general and limited common areas shall be occupied and used as follows: (a) There shall be no obstruction of the common areas. Nothing shall be stored in or on the common elements without the prior consent of the Board. The Board shall have full power to set, make and establish regulations concerning the usage of all common areas. (b) Nothing shall be done or kept in any lot or in the common areas which are in, violation of law or which will cause the cancellation of, or increase the rate of, insurance on the common areas or any lot or lots, without the prior written consent of the Board. (c) No noxious or offensive activity shall be carried on in any lot or in any common area, nor shall anything be done therein which may be or become an annoyance or nuisance to the other owners. (d) Nothing shall be altered or constructed in, on or removed from the common areas, except upon the written permission of the Board. (e) No advertisements, signs or posters shall be erected or displayed on or about the premises belonging to the Property Owners Association, except such as may be authorized in advance by the Board of Administration. (f) Due care shall be exercised at all times with regard to all uses or practices which may be a source of annoyance or which may be a nuisance or may interfere with the peaceful possession and proper use of the property or premises of other persons. ARTICLE XVI Amendments These By-laws may be amended by the Association by the affirmative vote of the owners of a majority of two-thirds of the total number members holding the class of membership then entitled to vote, or a majority of the members of the Board of Administration may likewise amend these By-laws, provided that any amendment modifying or affecting the method of administration may be made only by the affirmative vote of two third of the members of the Association holding the class of membership then entitled to vote. The amendment shall not be effective until it is filed for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. IN WITNESS WHEREOF, this instrument is executed this l,P"day ok A04. - Bill Greenwood. Individually and as Managing member of Greenwood Acres LLC Grantor, Greenwood Acres Phase IA ACKNOWLEDGEMENT STATE OF ARKANSAS) COUNTY OF PULASKI) On this day before me, the undersigned, personally appeared Bill Greenwood, who acknowledged himself to be the managing member of Greenwood Acres LLLC, and that he, as such managing member, being authorized to do so, executed the foregoing By -Laws for the purposes and considerations therein contained, set forth and expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal office this � of �e•G•J ,2004.C. fil�lyll��ffi., N My Commission expires: My Commission Expires May 14, 2009 �0 �•'• �QUMrr, '•G CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: GREENWOOD ACRES SUBDIVISION PHASE 1 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. ,�,Z Certain Improvements remain uncompleted as follows: r ;:; P Engineering Specialist r , . ENGINEER REPORT I have reviewed the file for this matter and find that: ' 05 The maintenance bond has been submitted and it is the proper type and amount. Financial a s ��for the uncompleted improvements listed above has been received. All other re uirements for fi al plat approval have been satisfied. Civil Engineer I/II SURVEYOR'S REPORT Cfj'N /N c''- v Se 5 -/ /`/Arm I have reviewed the plat and find that: 64 AY 4 1-4 C -,�) C',4 /( A h� i! All requirements for final plat approval have been satisfied. o Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. r 3 Design Review Engineer/Civil Engineering Manager October 2004