HomeMy WebLinkAboutS-1440-B Application•�1.,11111,1
••''��E C11��, '`
C '
200505423
��
s
+,' , i��;'•
86/28/2885 83:81:32 PM
Filed &
Recorded in
Official
Records of
PAT O'BRIEN
PULASKI COUNTY
Prepared by:
_
CIRCUIT/COUNTY CLERK
William P. Allison, Esq.
� .i; .r.
--' t . co z
'� ','.,
Fees $68. 88
Hopkins & Allison
: t r M1 . 7
A Professional Association
�:
cJU^1iY, �,.
1000 West Second
•,
Little Rock, Arkansas 72201
DECLARATION OF RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, CARD Investments, LLC, an Arkansas limited liability company,
hereinafter referred to as the "Alottor", is the owner of the following described land in the County
of Pulaski, State of Arkansas, to -wit:
See LEGAL DESCRIPTION on Exhibit "A" attached hereto and by
this reference fully incorporated herein.
AND WHEREAS, it is desirable that all of the above described property be platted into
various tracts, lots and streets.
NOW THEREFORE,
WITNESSETH:
That the said Allottor, for and in consideration of the benefits to accrue to it and its
successors and assigns, which benefits it acknowledges to be of value, has caused the land
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 PLS # 1281, and Timothy E.
Daters, a Professional Engineer, License Number 1533, said Plat bearing the signature of the said
Surveyor and Engineer being of record in the office of the Circuit Clerk and Ex-Officio Recorder
of Pulaski County, Arkansas, in Plat -i Book 321 and the Allottor does hereby make this
Declaration of Restrictive Covenants and Bill of Assurance.
IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off,
platted and subdivided, and does hereby lay off, plat and subdivide the land herein described, in
accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as:
Bella Rosa Estates, 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 and
block number shown on said Plat shall always be deemed a sufficient description thereof.
Any word contained herein shall be read as the singular or the plural and as the masculine,
feminine or neuter gender as may be applicable in the particular context. Furthermore the following
words shall have the meanings attributed to them below:
(i) "Addition" means Bella Rosa Estates.
(ii) "Association" means the Bella Rosa Estates Property Owners Association, Inc., an
Arkansas not for profit corporation.
(iii) "Common Area" means all real property and any improvements thereon which are
or may be designated on the Plat or any subsequent plat as such an area, which are or may be in the
future reserved for the common use of the Allottor, its agents, employees, servants, invitees, guest,
successors or assigns and any Owners, their agents, employees, servants, invitees, or guests.
(iv) "Lot" or "lot" means any plot of land shown, identified and platted by and depicted
on the Plat as a residential building lot.
(v) "Owner" means the record title holder, whether one or more, persons or entities, of
fee simple title to any Lot, but excluding any person or entity merely holding a lien on or security
interest in a Lot.
There are strips of ground shown and dimensioned on the Plat marked "Utility Easement"
and "Drainage Easement", which Allotter 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 reserved. 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-Offrcio
Recorder of Pulaski County shall be a valid and complete delivery and dedication of the Utility
Easements and Drainage Easements shown on said Plat.
All streets and roads shown on the Plat serving and being within the Addition shall be and
remain private streets and roads; subject to the grants, rights, retainage, privileges and reservations
herein contained. Allottor hereby retains fee simple title to all streets and roads shown on the Plat
with the unlimited and unrestricted right, in the Allottor's sole discretion;
(i) for itself, its agents, employees, servants, invitees, guest, successors or
assigns to use the said streets and roads shown on the Plat for vehicular and
pedestrian traffic,
(i) to dedicate the said streets and roads shown on the Plat to the public,
(iii) convey the said streets and roads shown on the Plat to the Association,
(iv) to cause to be installed, constructed, maintained, repaired, replaced,
substituted and reinstalled within the area of or across any street or road shown on
the Plat gates, guard houses, landscaped beds and areas or other security devices,
lighting, irrigation systems and such other improvements as the Allottor deems
desirable, and
(v) to grant such other and further non-exclusive reciprocal easements, both
appurtenant to other lands not subdivided by this Plat and in gross, in the Allottor's
sole discretion without regard to any increase in burden or traffic;
but Allottor hereby grants a non-exclusive reciprocal easement for vehicular and pedestrian traffic
on, over and across all private streets and roads shown on the Plat as an easement appurtenant to
each Lot in the Addition for the use and benefit of the Allottor, its agents, employees, servants,
invitees, guest, successors or assigns and any Owner, their agents, employees, servants, invitees,
guests, successors, heirs and assigns. Further, Allottor hereby grants a non-exclusive reciprocal
easement for vehicular and pedestrian traffic on, over, under and across all private streets and roads
shown on the Plat as an easement in gross to any municipal corporation or other governmental or
public agency, including postal, fire, police and utility departments, as well as all utility providers
required to use said private streets and roads in the discharge of a public purpose or in the provision
of utilities to the Addition and to any lands now owned or hereafter acquired by the Allottor.
While Allottor shall cause said private streets and roads shown on the Plat to be constructed,
the Association shall thereafter be solely responsible for the maintenance, repair, replacement and
reconstruction thereof as well any and all other costs associated with the operation and maintenance
thereof, including but not limited to, all liability and liability insurance.
All Owners of a Lot platted hereby, and all persons, natural and artificial, claiming an interest
in any Lot platted hereby, shall take their titles subject to the grants, rights, retainage, privileges and
reservations herein contained, including but not limited to, the rights of public utilities in and to the
private streets and roads shown on the Plat and the utility and drainage easements shown on the Plat.
Furthermore, there are strips of ground shown and dimensioned on said Plat marked variously
as "landscape and/or wall construction and maintenance easements", which the Allottor hereby
reserves for the use and benefit of the Allottor, its successors and assigns, as an easement for the
construction, erection, installation, repair, reinstallation and maintenance of a fence and landscape ,l
and drainage features; provided, however, upon completion of the initial construction of the fence
along the boundaries of the Property, Allottor may assign this Fence Construction and Maintenance
Easement to -the Association, and the Association shall thereafter maintain and keep said fence in
good repair and pay all costs associated with said fence and the maintenance and repair of same.
The Lots in this Addition shall be sold or conveyed by the Allottor and shall be purchased,
acquired, owned, possessed, held and occupied subject to the covenants, restrictions 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 any Owner 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
All Lots 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 one (1) detached single family residence (the,
"dwelling") which shall not exceed two and one-half 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) motor vehicles no
portion of which may thereafter be converted into living space or for any other purpose without the
prior written approval of the Allottor, and such other outbuildings only as are incidental and related
to the residential use of the Lot.
ARTICLE II
ARCHITECTURAL CONTROL
(a) Purpose. The Allottor is desirous ofproviding and maintaining harmony of external
design and location in relation to the surrounding structures and topography and, for this purpose,
herein creates an Architectural Control Committee which shall have the duties, obligations and
responsibilities as hereinafter set forth.
(b) Architectural Control Committee. The Architectural Control Committee
(hereinafter the "Committee") shall initially consist of at least three, but not more than five,
members who 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 the Association by execution of an instrument to such effect
in recordable form. Neither the Allottor, nor the Committee shall be liable in damage to any person
submitting requests for approval or to any Owner within the Addition by reason of any action, failure
to act, approval, disapproval, or failure to approve or disapprove, with regard to any request
hereunder. All decisions of the Committee shall be by a majority vote of the members of the
Committee. 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 dwelling, building, structure 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 dwelling, building, structure or
other improvement with respect to existing topography, adjoining streets, and finished ground
elevations have been approved in writing by the Committee. Prior to commencement of any
proposed construction of a dwelling, structure or other improvement upon any Lot or part of any Lot
located within the Addition, the Owner of the Lot shall submit to the Committee, the following
documentation with respect to any proposed construction:
(i) Plot Plan
(ii) Floor Plan ofthe proposed dwelling, building, structure or other improvement
(iii) Front, rear, right and left elevations of the proposed dwelling, building,
structure or other improvement
(iv) General Plan of Landscaping
(v) Specifications reflecting the choice of exterior building materials and color
scheme of the proposed dwelling, building, structure or other improvement
(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 dwelling, building, structure or other improvement, remodeling, adding to
or modifying an existing dwelling, building, structure or other improvement, installation of a fence
or wall, construction or remodeling of outbuildings or other accessory structures, construction or
installation of storm cellars, swimming pools and coverings therefor, tennis courts, installation of
an antenna whether on a structure or on a Lot, construction ofponds 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 land within the Addition conform to and
harmonize with existing surroundings and structures, and are otherwise in conformity with the intent
of this Declaration of Restrictive Covenants and Bill of Assurance. All documentation delivered to
the Architectural Control Committee shall become the property of the Committee and shall be
retained as a permanent record. The Committee shall have 30 days from and after receipt of all of
the required documentation, which receipt shall be in writing acknowledged by a member of the
Committee, to approve or disapprove bymajority vote, any aspect of the proposed construction. Any
disapproval shall be in writing and shall specify in detail the basis for such disapproval and, as
appropriate, modifications which, if made, will render the proposed construction acceptable. In the
event that the Committee neither approves nor disapproves the 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 on any Lot prior to submission of all 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 all of said documents by the Committee shall have
elapsed without any Committee action. 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 eighteen (18) months
after commencement.
(d) Design Standards. As is hereinbefore stated, it is the intention of the Allottor that
the Addition to be developed and maintained in a consistent and harmonious manner. In furtherance
of and in keeping with the purposes hereof, the Committee may promulgate, from time to time,
DESIGN STANDARDS, which maybe utilized in reviewing any 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
as may be promulgated and amended from time to time shall be available for inspection at the offices
of the Allotter as long as the Allotter selects the Committee, and thereafter, shall be maintained as
a permanent record in the offices of the Association. No dwelling, building, structure 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. No building
or structure or parts of a building or structure can be constructed elsewhere and moved to a site on
any Lot.
The DESIGN STANDARDS, AT A MINIMUM, INCLUDE THE FOLLOWING:
i. All buildings must have a minimum roof pitch of 10/12;
ii. All windows are required to be wood -clad;
iii. The exterior wall finish shall be stone, brick, stucco, or EIFS. No more than
twenty (20%) may be Fiber Cement Board. There shall be no vinyl or steel siding of any kind, no
T111 or other siding surfaces not already mentioned or contemplated;
iv. Maintenance Free eaves and overhangs are allowed (either metal or vinyl);
V. Mailbox and outbuildings must be constructed of same materials as exterior
of home, with similar design and finish;
vi. All curbs must be saw cut with diamond blade, not hammered out, where the
driveway is to be installed; and
vii. Front lawn must be irrigated from private water supply of lot owner.
ARTICLE III
MINIMUM PRINCIPAL BUILDING SIZE
No dwelling shall be constructed, erected, placed, altered, reerected or permitted to remain
on or upon any Lot platted hereby unless the finished heated and cooled living area thereof, exclusive
of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and
outbuildings, shall equal or exceed 3,500 square feet for a one story building, or, 4,000 square feet
for a split level or a multi -level 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 dwelling or 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 dwelling
or building shall be located, constructed, erected, placed, altered, reerected or permitted to remain
on or upon any lot platted hereby nearer than a distance of Nine Feet (9') to an interior lot line. For
the purposes of this paragraph, eaves, steps, balconies, and open porches shall not be considered as
a part of the dwelling or building.
ARTICLE V
LOT AREA AND WIDTH
Not lot platted hereby shall be subdivided or resubdivided or replatted without the written
consent of the Allottor, which consent may be withheld in the Allotter's sole discretion. In any event
no dwelling or building shall be erected, constructed or placed on any building site or lot having a
width of less than sixty (60) feet at the minimum building set back line, nor shall any dwelling or
building be erected, constructed or placed on any lot having an area of less than Seven thousand
(7000) square feet.
ARTICLE VI
EASEMENTS
Easements in gross on, over, under and across the private streets and roads shown on the Plat
filed herewith have herein been granted to the persons, firms or entities engaged in supplying utility
services, the same being, without limiting the generality of the foregoing, electric power, gas,
telephone, cable, water and sewer, for the purpose of installing, maintaining, repairing and replacing
such utility services. Easements for the installation, maintenance, repair and replacement of utility
services, sewer and drainage have herein been reserved, said easements being of various widths,
reference being hereby made to the plat filed herewith for a more specific description of width and
location thereof. As various utility facilities are underground, any alterations or lowering of the
surface grade of the ground in any easement and the area immediately adjoining such easements is
prohibited, if such alteration or lowering would result in there being less than 30 inches of clearance
either vertically or horizontally between the surface grade and any underground utility facilities,
including but not limited to, sewer, water, the underground electric cables and conductors supplying
cable, digital, telephone and electric power service; and, as the electric distribution transformer
stations and other 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 cable, digital, 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, if the same shall interfere
with use thereof. No excavations within the are of such easements for the erection of any fences
(wood, wire, stone, iron 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 owner of any Lot. No trucks, commercial vehicles or inoperative vehicles may be stored or
parked on a Lot platted hereby other than for making routine deliveries. Owner further agrees to
keep unimproved lots free from trash, debris, and overgrown vegetation. If such does accumulate
and Owner does not promptly remove such upon notification by Allottor, the Allottor shall have the
right to perform such cleanup work as is necessary and Owner shall reimburse Allottor for the cost
thereof. PROVIDED, HOWEVER, the sale of lots or dwellings and the construction of dwellings,
buildings, structures and other improvements in the Addition shall not be prohibited by this Article
and the same are hereby declared permitted commercial activities.
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 signs of any kind shall be displayed to the public view on any lot, except one sign if not
more than five square feet advertising the property for sale or rent, or signs used by a builder or
Allottor to advertise the property during the construction and sales period and in no event shall any
such signage be affixed, permanently or temporarily, to any trees.
ARTICLE XI
LIVESTOCK AND POULTRY
No animals, livestock, or poultry of any kind shall be raised or kept on any lot, except that
dogs, cats or other household pets may be kept, provided that they are not kept or maintained for any
commercial purpose.
ARTICLE XII
VISUAL OBSTRUCTIONS
No fence, wall, hedge, or shrub planting or other obstacle which obstructs sight lines at
elevations of more than 2 feet 6 inches above the roadways shall be placed or permitted to remain
on any corner lot within the triangular area formed by the street lines and a line connecting them at
a point 50 feet from the intersection of the street lines; or in the case of a rounded property corner,
within the triangle formed by tangents to the curve at its beginning and end, and a line connecting
them at points 50 feet from their intersection. No trees shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at a height of 8 feet to prevent
obstruction of such sight lines.
ARTICLE XIII
FENCES
No fence, wall, hedge, or mass planting shall be permitted to extend beyond the minimum
front building set back line established herein or from the side yard building line to the street or
corner lots except upon the written approval of the Allottor. To insure compliance with the
provisions of Article VI hereof as it relates to the erection of fences along utility easements, no fence,
wall, or other structure shall be erected along property lines without approval of the design,
construction, and materials by the Committee. 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 be erected or
placed on any lot which can be seen from any street.
ARTICLE XIV
STREET ACCESS AND DRIVEWAYS
All driveways or other paved areas intended for vehicular travel situated on any Lot shall
have a base of compacted gravel, crushed stone or other approved base material and shall be surfaced
with either asphalt or concrete material or such other materials as are approved by the Committee,
but all at grades lowered or raised to meet street grades with culverts installed and maintained
unobstructed.
ARTICLE XV
PARKING AND STORAGE OF MOTOR HOMES, ETC.
No motor homes, camper trailers, travel trailers, busses, utility trailers or boat trailers shall
be permitted to be parked, stored or remain upon any Lot, unless same is parked or stored and
remains in a fully enclosed stall of the garage. No motor homes, camper trailers, travel trailers,
utility trailers or boat trailers shall be permitted to be parked, stored or remain upon any street in the
Addition.
ARTICLE XVI
EXTERIOR MAINTENANCE AND LANDSCAPING
Without the Approval of the Architectural Control Committee, no tree with a circumference
at the base of twelve (12) inches or greater may be cut on any Lot in the Subdivision, and no tree
may be cut or removed and no fill material may be placed in the Common Area without the approval
of the Architectural Control Committee.
All dwellings, buildings, structures and other 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 liter, 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 (including all areas between the lot lines and the curb lines of
the streets and roads within the Addition) 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, including up to the curb line of any street or road abutting the said Lot, and shrubs shall
be planted in planting areas immediately adjacent to the dwelling, building and structure situated
thereon on the front and sides thereof. All vacant lots shall be maintained free and clear of debris,
trash and weeds.
Upon the failure of the Owners 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 dwelling, building or 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 dwelling, building or 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 or 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 maybe collected
in accordance with the provisions of Article XVIH hereof.
ARTICLE XVII
PROPERTY LINES AND BOUNDARIES
Iron pins have been set on all lot corers and points of curve, and all lot dimensions shown
on curves are chord distances, and all curve data as shown on the Plat are centerline curve data. In
the event of minor discrepancies between the dimensions or distances as shown on the Plat and the
actual dimensions or distances as disclosed by the established pins, the pins as set shall control.
ARTICLE XVIII
VALLEY FALLS ESTATES PROPERTY
There has been formed by the Allottor a non-profit corporation known as the Bella Rosa
Estates 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, is deemed to covenant and agree to fully abide
by and comply with the Articles of Incorporation and By -Laws 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 By -Laws, be subject to the following directions,
limitations and conditions:
(a) Membership. Every Owner of a Lot shall be a member of the Association.
Membership shall be appurtenant to and not be separated from ownership of any Lot which is subject
to assessment. The Owner(s) of each Lot shall be entitled to one vote for each Lot owned. When
more than one person holds an interest in any Lot, all such persons shall individually 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 acquisition,
construction, operation, maintenance and repair of the common areas and
private streets;
(ii) The right of the Association to suspend voting rights and rights to use of the
common areas by an Owner for any period during which any assessment as
hereinafter described against such Owner's Lot remains unpaid; and for a
period not to exceed 60 days for any infraction of the published rules and
regulations regarding the use of such common area facilities promulgated by
the Association;
(iii) The right of the Association to dedicate or transfer all or any part of the
common area to 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 Alottor 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. Except for property otherwise exempt
from assessment as herein provided, 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.
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 assessment is made. Each such assessment, together with interest, cost, and reasonable
attorneys fees, shall 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 Owners,
for the improvement, operation and maintenance of the common areas and private streets, for repair
and replacement of common areas and streets 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 purpose 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. 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 and private
streets, including fixtures and personal property related thereto, and such other costs as the Board
of Directors deems desirable or necessary. Any annual and special assessments as hereinbefore
described shall be uniform for all non-exempt Lots within the Addition and may be collected on a
monthly basis. The annual assessments hereinbefore described, once levied, shall commence as to
each non-exempt Lot upon the first day of the month following the date of sale by the Allottor of
each such Lot. The first annual assessment shall be adjusted according tot he number of months
remaining in the calendar year and the amount thereof shall be pro -rated. The Board of Directors
of the Association shall fix the amount of the annual assessment against each non-exempt 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 property 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) Property Exempt from Association Assessment. Any Lot or property owned by
the Allottor, the private streets and roads, any common areas and any tract or property owned by the
Association shall be exempt from, and not subject to, any assessment or charge by the Association,
either annual or special, and no such assessment shall be due and owing on any such exempt property
or lot.
(e) 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 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 assessment provided for herein shall be subordinate to the
lien of any first mortgage. 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.
ARTICLE XIX
ADDITIONAL PROPERTY
(a) I f Allottor owns or acquires additional lands, which the Allottor desires in its sole
discretion to develop in a fashion generally consistent with the development of the hereinbefore
described lands, hereinafter referred to as the "Additional Lands"; then the Allottor, in its sole
discretion, shall have to right, but not the obligation, to annex said Additional Lands to this Addition
and cause the same to be governed by covenants similar to the covenants herein set forth and may
have common areas and private streets similar to those common areas and streets described herein
which may be conveyed to the Association to be maintained and kept landscaped by and at the
expense of the Association.
(b) The annexation of the Addition; :ands by the Allottor, from time to time, may be
made by filing of record a Declaration of Restrictive Covenants and Bill of Assurance adding and
annexing the Additional Lands therein described to the Addition and subject the Additional Lands
therein, described to covenants similar to the covenants herein set forth and to the extent thereof, all
property owners in any subsequent development of the Additional Lands so annexed and added to
the Addition shall become members of the Association by virtue of owning a lot in such
development and shall be subject to all duties, responsibilities and assessments in accordance with
such membership and shall be entitled to all privileges, rights and enjoyment of common areas of
all other members of the Association.
(c) UNDERNO CIRCUMSTANCES shall this Declaration ofRestrictive Covenants and
Bill of Assurance or any subsequent annexation or addition to this Addition bind require the Allottor
to make any annexation or addition to this Addition or to adhere to any development plan, regardless
of how that, development plan is published or presented, in any subsequent development of any
lands, now owned or hereafter acquired by the Allottor. Nor shall the Allottor be precluded from
conveying any lands it now owns or hereafter acquires, not expressly made subject to the terms and
provisions hereof, free and clear of not only the terms, provisions and covenants herein contained
but any similar covenants or restrictions.
(d) Except as herein allowed, there shall be no other annexation or addition of lands into
the Addition or the addition of members tot he Association without the prior written consent of the
Allottor.
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 shall have the right to sue for and obtain 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 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, any
and all of the terms, conditions, 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. Alternatively, any and all of the terms, conditions,
covenants, provisions and restrictions set forth herein maybe amended, modified, extended, changed
or canceled in whole or in part, only by a written instrument signed and acknowledged by at least
50% 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 lot 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 term, condition, covenant, restriction and provision in this Bill of Assurance, unless
expressly provided otherwise, shall remain in full force and effect until January 1, 2030.
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
succeeded to the rights and obligations of the Allottor upon recordation of such an assignment
executed by the Allottor which expressly and specifically assigns the Allottor's rights and obligations
hereunder and a conveyance of the land platted hereby will not be deemed such an assignment to the
purchase thereof.
ARTICLE XXII
EXTENSION
All covenants for which extension is not otherwise provided in this instrument shall
automaticallybe extended for successive periods often (10) years each, unless modified, terminated
or canceled as provided herein.
ARTICLE XXIV
SEPARABILITY
Invalidation of any restriction set forth herein, or any 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.
�i
EXECUTED this day of June, 2005.
Reviewed only for inclusion of minimum standards
require; by the City of LiMe Rock subdivision regulations.
Bili of Assurance provisions established by tiro
developer may exc--ed minimum regulations cf tho
W Rock subdivision and zoning ordinanceo.
(Dk (d5-
lqjf Little Rock Planning Commission
CARD Investments, LLC,
ility Company
By. Can=
Andrew Adkins, Member
Clint Win, Member
Harp, Member
■fir_ ...t.ss
r
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
BE IT REMEMBERED that on this day appeared before the undersigned, a Notary Public
duly commissioned, qualified and acting within and for the County and State aforesaid, appeared in
person the within named Andrew Adkins, Clint Wilson, Richard Harp, and Daniels Bynum, being
the persons authorized by said LLC to execute such instrument, stating his capacity to be that as
Members of CARD Investments, an Arkansas limited liability company, to me personally well
known, executed and delivered said foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 4�day
of j u,..� 2005.
C>%
NO'VIM31,IC
(SEAL)
EXHIBIT "A"
(Legal Description)
Part of the NW 1/4 NE 1/4, Section 24 Township 2 North, Range 14 West, Pulaski County,
Arkansas, more particularly described as: Beginning at the Southwest Corner of the E % NW
1/4 NE 1/4, said Section 24; Thence S89°43138"W along the South line of the W V2 NWl/4 NE
1/4, said Section 24, 239.42 ft.; Thence N 01135118"E, 233.29 ft.; Thence S 88°24142"E, 9.00 ft.;
Thence N 01°35'18"E, 98.00 ft.; Thence N 89132140"W, 9.00 ft; Thence N 02111'16"E, 99.95
ft.; Thence N 01'01'11"E7 104.55 ft; Thence N 01°33'46"E, 125.58 ft.; Thence S 89°40'39"E,
89.46 ft.; Thence N01°11'04",129.32 ft.; Thence S89139'29"E,150.50 ft.; Thence N01°33'46"E,
189.96 ft. to a point on the centerline of Snyder Creek; Thence Southeasterly along the
centerline of Snyder Creek the following bearing and distances: S25°30'36"E, 187.71 ft.;
S40°27'17"E,178.90 ft.; S59°46'15"E7171.37 ft. and S75°42'18"E,119.00 ft. to a point on the
West right-of-way line of Bella Rosa Drive; Thence S02107'17"W along said West right-of-
way line 559.06 ft to a point on the South line of said E V2 NW 1/4 NE 1/4; Thence
N89°43'02"W along said South line 466.28 ft. to the point of beginning, containing 11.5045
acres more or less.
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: BELLA ROSA ESTATES LOTS 1-19 & TRACT A
INSPECTOR REPOR
I have made a final inspection of the improvements and find that:
i
All improvements shown on construction drawings for the development are constructed
and in conformance with City requirements/standards.
Certain Improvements remain uncompleted as follows:
Engineering Specialist
ENGINEER REPORT
I have reviewed the file for this matter and find that:
r The maintenance bond has been submitted and it is the proper type and amount.
Z4Financial assurance for the uncompleted improvements listed above has been received.
All other requi C
ents for final plat approval have been satisfied.
Y Civil Engineer I/II
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
c�
K Surveyor 311 GVo 3—
MANAGERAPPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
r
Design Review Engineer/Civil Engineering
Manager
October 2004
City of Little Rock
Planning and Development
Filing Fees
Date: i1 , 20 �d
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 Sign f. L.
Number at ea.
Public Hearing Signs
Number at ea.
Total
File No. I ^ I Q - -
Location Cam`
$ lSZ:0--T3