HomeMy WebLinkAboutS-1424-L ApplicationInstrtunent# 2021089958 Page 1 of 5
Recording Requested By:
Cooper Land Development, Inc.
When Recorded, Mail To:
COOPER COMMUNITIES, INC. 1
903 North 47TH St. Ste. 101 ]
Rogers, AR 72756 ]
Attn: William H. Kennedy III ]
2021089958
PULASKI CO. AR FEE $35.00
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PRESENTED
12/20/2021 10:12:34 AM
RECORDED
12/20/2021 11:44:22 AM
J, C�
TERRI HOLLINGSWORTH
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Circuit County Clerk
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BY: REGINA HAMPTON
DEPUTYRECORDER
SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS
TO BILL OF ASSURANCE TO SIENNA LAKE SUBDIVISION DECLARATION
OF COVENANTS AND RESTRICTIONS FOR
SIENNA LAKE A COOPER COMMUNITY
CITY OF LITTLE ROCK PULASKI COUNTY ARKANSAS
WHEREAS, Cooper Land Development, Inc., an Arkansas corporation, hereinafter
called "Developer," executed on October 31, 2006, a "Bill of Assurance to Sienna Lake
Subdivision Declaration of Covenants and Restrictions for Sienna Lake, a Cooper
Community," ("DCR") which DCR was filed for record at 1:30 p.m. on November 2,
2006, in the office of the Pulaski County, Arkansas Circuit/County Clerk, and is there
recorded as Document No. 2006086366 in Book 2006, Page 086366; and such DCR was
subsequently supplemented and/or amended by (i) the "Notice of Errata for Bill of
Assurance to Sienna Lake Subdivision Declaration of Covenants for Sienna Lake, A
Cooper Community" ("Protective Covenants") dated November 9, 2006 and filed for
record as Document No. 200688708 in Book 2006, Page 088708 at 1:59 p.m. on
November 13, 2006 in the office of the Pulaski County, Arkansas, Circuit/County Clerk;
and by (ii) the "First Amendment to Bill of Assurance to Sienna Lake Subdivision
Declaration of Covenants and Restrictions for Sienna Lake, a Cooper Community, City
of Little Rock, Pulaski County, Arkansas" dated February 11, 2009, filed for record at
12:59 p.m. on February 17, 2009, in the office of the Pulaski County, Arkansas
Circuit/County Clerk as Document No. 2009009982 in Book 2009, Page 009982 ("First
Amendment to DCR"); by (iii) the "Second Amendment to Bill of Assurance to Sienna
Lake Subdivision Declaration of Covenants and Restrictions for Sienna Lake, a Cooper
Community, City of Little Rock, Pulaski County, Arkansas" dated May 22, 2017, filed
for record at 11:11 a.m. on May 31, 2017 in the office of the Pulaski County, Arkansas
Circuit/County Clerk as Document No. 2017034310 ("Second Amendment to DCR");
and by (iv) the "Third Amendment to Bill of Assurance to Sienna Lake Subdivision
Declaration of Covenants and Restrictions for Sienna Lake, a Cooper Community, City
of Little Rock, Pulaski County, Arkansas" dated June 29, 2021, filed for record on June
30, 2021 in the office of the Pulaski County, Arkansas Circuit/County Clerk as Document
No. 2021045265 ("Third Amendment to DCR") (the DCR, Protective Covenants, First
Amendment to DCR, Second Amendment to DCR, and Third Amendment to DCR are
hereinafter collectively referred to as the "Declaration"); and
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,Instr-Eunent# 2021089958 Page 2 of 5
WHEREAS, Sienna Lake Property Owners Association, Inc., a non-profit corporation
organized under the laws of the State of Arkansas ("Association"), joined in said DCR
for the purpose of indicating its agreement to perform the obligations placed upon it by
the Declaration; and
WHEREAS, Developer desires to make an addition to the existing properties by adding
thereto the hereinafter described lands; and
WHEREAS, Developer desires the properties hereinafter described shall be covered as
fully by the aforesaid Declaration as though said lands had been included with the other
properties described in said Declaration; and
WHEREAS, ARTICLE II, Section 2 and ARTICLE X of the Declaration provide that
subsequent Supplemental Declarations may contain complementary additions and
modifications of the covenants, conditions and restrictions in the Declaration to reflect
the different character of the additional properties being brought under the Declaration.
NOW, THEREFORE, the Developer, for the purposes aforesaid and in compliance with
ARTICLE II, Section 2 and ARTICLE X of the Declaration aforesaid, declares and
provides that the following lands lying and being situated in County of Pulaski, State of
Arkansas, are hereby subject to said Declaration to the extent that same shall constitute
additional lands under the Declaration, and shall be a part of the existing properties, and
said lands referred to shall be in and covered by said Declaration, as fully as though same
had been included in said Declaration at the time same was executed, except for the
modifications contained herein, to -wit:
SIENNA LAKE SUBDIVISION, BLOCK 3, as shown in Plat 4162.1(and
being more particularly described as follows:
LEGAL DESCRIPTION
SIENNA LAKE SUBDIVISION
BLOCK 3, LOTS 1-7
A PARCEL OF LAND LYING IN THE NW 1/4 OF THE SE1A AND IN THE NE1A OF THE SE1A OF
SECTION 29, ALL IN TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 2066.59 FEET NORTH AND 862.79 FEET EAST OF A 1" FOUND PIPE AT
THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 29, ARKANSAS STATE
PLANE COORDINATES NORTH ZONE-NAD83 OF NORTH 128634.005 AND EAST 1185295.354
FEET;
THENCE, N59003'17"W FOR 163.75 FEET;
THENCE, N48027'16"W FOR 259.72 FEET;
THENCE, N31 ° 18'42"W FOR 333.98 FEET;
THENCE, N46°59'04"E FOR 175.68 FEET;
THENCE, S38045'35"E FOR 43.92 FEET;
THENCE, 45.55 FEET ALONG THE ARC OF A 383.89-FOOT RADIUS CURVE TO THE RIGHT,
SAID ARC HAVING A CHORD BEARING AND DISTANCE OF S35021'38"E 45.52 FEET;
THENCE, S31°57'42"E FOR 133.13 FEET;
THENCE, 71.33 FEET ALONG THE ARC OF A 199.35-FOOT RADIUS CURVE TO THE LEFT, SAID
ARC HAVING A CHORD BEARING AND DISTANCE OF S42012'44"E 70.95 FEET;
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,Insti ument# 2021089958 Page 3 of 5
THENCE, S52°27'47"E FOR 298.42 FEET;
THENCE, 62.58 FEET ALONG THE ARC OF A 175.00-FOOT RADIUS CURVE TO THE LEFT, SAID
ARC HAVING A CHORD BEARING AND DISTANCE OF S62042'28"E 62.25 FEET;
THENCE, S72057'10"E FOR 66.34 FEET;
THENCE, 34.96 FEET ALONG THE ARC OF A 125.00-FOOT RADIUS CURVE TO THE RIGHT,
SAID ARC HAVING A CHORD BEARING AND DISTANCE OF S64056'24"E 34.85 FEET;
THENCE, 40.95 FEET ALONG THE ARC OF A 20.00-FOOT RADIUS CURVE TO THE RIGHT, SAID
ARC HAVING A CHORD BEARING AND DISTANCE OF SO1°43'55"W 34.16 FEET;
THENCE, S60°23'29"W FOR 28.13 FEET;
THENCE, 80.81 FEET ALONG THE ARC OF A 425.70-FOOT RADIUS CURVE TO THE LEFT, SAID
ARC HAVING A CHORD BEARING AND DISTANCE OF S54057'11 "W 80.69 FEET;
THENCE, S49030'52"W FOR 120.85 FEET TO THE POINT OF BEGINNING, CONTAINING 3.3485
ACRES.
The covenants, conditions and restrictions contained in the Declaration shall control as to
the above described property and as further described by the following in accordance
with Article V of the Declaration:
1. NOTICE OF LOW PRESSURE GRANDER PUMP SEWER SYSTEM:
The Sienna Lake Subdivision, a Cooper Community ("Development") will be
served by a central sewer system. The central sewage disposal system in the
Development will employ a low pressure grinder pump method of sewage
collection and transmission. All lots in Block 3 of Sienna Lake Subdivision are
to be served by a low pressure grinder pump system.
Unless the Board of Directors ("Board") of the Sienna Lake Property Owners
Association ("Association") shall otherwise elect, for all lots in Block 3 of the
Development ("Block 3 Lots"), the owner of any Block 3 Lot (the "Owner")
shall cause to installed, at such Owner's expense, as described in Article V,
Section l (c)(iii)(cc) of the Declaration, in this Supplemental Declaration and in
the plat of Block 3, a pump tank, grinder pump and associated plumbing and
electrical hardware (all such equipment is collectively referred to herein as the
"Grinder System") on the applicable lot at the time of initial residence
construction.
In connection therewith the applicable Owner or such Owner's builder must also,
at such Owner's or builder's expense: (1) provide a source of electricity from the
residence wiring to outside the main wall of the residence where the pump
installer may connect electricity from such residence to the Grinder System
wiring; (2) extend the plumbing of the residence outside the main wall of the
residence for connection to the pump tank; and (3) install the pipes and other
hardware necessary to connect the residence to the applicable sewer main.
The costs of such initial installation shall be borne as follows unless and until the
Board shall, by resolution, elect another method or methods to fund such costs:
(a) For Block 3 Lots that are: (1) to be served by the low pressure sewer
system and thus require Grinder Systems; and (2) purchased directly from
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Instr,iment# 2021089958 Page 4 of 5
the Developer or from any third party seller ("Seller"), the applicable
Owner shall be solely responsible for such costs associated with the initial
installation of the Grinder System on such Block 3 Lot as such Owner's
sole costs and expense, and neither the Developer nor the Seller of any
Block 3 Lot shall have any liability of any kind or character therefor.
The Owner upon whose Block 3 Lot the Grinder System is installed per the terms
and conditions of Article V, Section 1(c)(iii)(cc) of the Declaration will own the
Grinder System, once installed, and as installed such Grinder System shall not
constitute Common Property.
The Association shall thereafter be responsible, on behalf of both the Association
and the applicable Owner of a Block 3 Lot, for maintenance of the Grinder
System once installed and shall thereafter maintain, repair and, if necessary,
replace, utilizing in doing so any installation or equipment warranties which may
exist, the Grinder System, all of which shall occur at the expense of the applicable
Owner. The Association shall pay, on an initial basis and on behalf of the
applicable Owner, all costs of the Grinder System's maintenance, repair and, if
necessary, replacement, and may assess all such costs to the Owner as a Specific
Assessment or, in the Board's discretion and as the Board deems appropriate,
otherwise collect such costs from the applicable Owner by any other method the
Board may determine.
Prompt and full reimbursement of the Association, pursuant to such assessment or
other method of collection, of all costs of the Grinder System maintenance, repair
and replacement upon any Block 3 Lot shall be the applicable Owner's individual
responsibility and sole expense. Such Owner's failure to reimburse the
Association, timely and fully, for all such costs incurred shall further give the
Association the right to file a lien or liens upon the applicable lot or lots in
accordance with the terms and conditions of the Declaration and/or to pursue any
other legal or equitable remedy available under applicable law.
The Association and its designated agents or employees shall have the right to
enter upon any Block 3 Lot or other parcel of land to perform those acts necessary
for the installation, operation, inspection, repair, maintenance, and replacement of
the on -lot Grinder Systems.
Notwithstanding any contrary provision of Article V, Section (1)(c) of the
Declaration or any other section of the Declaration, nothing in the Declaration
shall prohibit or be deemed or construed to prohibit or limit the Board of the
Association from changing, in whole or in part, the operation of the low pressure
sewer system, the Association's obligations regarding the low pressure sewer
system, the method of funding such obligations, or any other aspect of the
Association's activities and responsibilities regarding the low pressure sewer
system. The Board shall have the widest possible latitude in determining the best
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4Irstr,unent# 2021089958 Page 5 of 5
interest of the Association regarding the low pressure sewer system and its
operation, both as to the Association as a whole and as to individual lot owners.
IN WITNESS WHEREOF, this instrument is executed by the Developer through its
respective corporate officers who are duly authorized to so execute same in multiple
counterparts, any one which shall be deemed an original, this 1� day of December,
2021.
ATTEST:
r
Gene Groseclos
Assistant Secretary
STATE OF ARKANSAS)
) ss.
COUNTY OF BENTON )
COOPER LAND DEVELOPMENT, INC.
r
iresident
ACKNOWLEDGMENT
On this day before me, the undersigned, a Notary Public duly qualified, commissioned
and acting within and for the said state and county, appeared in person the within named,
Jody Latham and Gene Groseclos, to me well known, who stated that they were
President and Assistant Secretary of COOPER LAND DEVELOPMENT, INC., a
corporation, and were duly authorized in their respective capacities to execute the
foregoing instrument for and in behalf of said corporation, and further stated and
acknowledged that they had so signed, executed and delivered said foregoing instrument
for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and Notarial Seal on this /3�-A day of December, 2021.
My Commission Expires:
-Z03)
CHRISTINE E. VOGT
BENTON COUNTY
NOTARY PUBLIC-ARKANSAS
My Commission Expires January 14.2031
Commission No.12380182
86427.v3-12/6/21
otary Public
Reviewed only €0 incUsion of minMum slaccards
tequlred by ft City of Lift Rock subdttision regulations.
Sill of Assumnoe provisicns ostat~'lshix! by tar
devgkW may exceed minima;, I Nulatiolts of tW
iittteR4*suMvWmand zoning ore'iriancea.
1 z1r _
COOPER LAND DEVELOPMENT, INC.
903 N. 471h Street, Suite 101
Rogers, AR 72756
479-246-6500
February 9, 2022
VIA FEDERAL EXPRESS
Mr. Monte Moore
Little Rock Planning & Development
723 W Markham St.
Little Rock, AR 72201
Re: Sienna Lake Subdivision, Block 3, Lots 1-7 and Tract I, Little Rock, Arkansas
Dear Mr. Moore:
Enclosed for the Little Rock Planning and Development's file, I am submitting herewith a copy of
the recorded Supplemental Declaration of Covenants and Restrictions and 18 copies of the recorded plat
for the above -referenced property as required.
Please let me know if you have any questions. Thank you.
Sincerely,
dt `'
Tina Vogt
Paralegal
/tv
Enclosure
89971.v 1-2/9/22