HomeMy WebLinkAboutS-1448-A Application2015003864 Received: 1/16/2015 3:54:49 PM Recorded: 01/16/2015 03:58:03 PM
Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY
CIRCUIT/COUNTY CLERK Fees $110.00
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONm,
AND BILL OF ASSURANCE
OF CHARDEAUX COURT
The Declaration of Covenants and Restrictions and Bill of Assurance
(hereinafter "Declaration'), made on the 2°d day of February, 2006 by Chandler -
Johnson Development, Inc., ("Developer" or the "Declarant"), filed of record with the
Pulaski County Circuit Clerk on March 29, 2006, as instrument number 2006023459, is
hereby amended as follows:
WITNESSETH:
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Developer is the owner of the real property described on Exhibit
"A" attached to this Declaration (hereafter "the property") and as the owner desires to
establish a single family residential development with permanent open spaces and
landscaped entrance and other common facilities for the benefit of the Development,
which shall be known as Chardeaux Court Addition (hereafter "Chardeaux Court")
WHEREAS, Developer desires to provide for the preservation of the values and
amenities in Chardeaux Court and for the maintenance of the common areas; and to this
end, desires to subject the property to these covenants, restrictions, easements, charges
and liens, each of which is for the benefit of the Property and each owner, and
WHEREAS, Developer has caused to be incorporated Chardeaux Court Property
Owners Association, Inc. ("Association") for the purpose of administering the
maintenance of the common areas in the Chardeaux Court; and
WHEREAS, all owners of lots within the Chardeaux Court will be members of
the Association as required herein; and
WHEREAS, it is deemed advisable that all of the Property shown on the plat
hereinafter mentioned, be subdivided into building lots, tracts and streets as shown on
the plat filed herewith, and that said Property be held, owned and conveyed subject to
the protective covenants herein contained in order to enhance the value of the
Chardeaux Court.
NOW THEREFORE, Developer for and in consideration of the benefits to
accrue to it, its successors and assigns, which benefits it acknowledges to be of value,
' has caused to be made a plat, showing a survey made by Central Arkansas Surveying,
Inc., Registered Land Surveyor dated April 6, 2005, and bearing a Certificate of
Approval executed by the Department of Planning and Development of the City of
Little Rock, and showing the boundaries and dimensions of the Property now being
subdivided into lots, tracts and street (the "Plat").
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There are shown on said Plat certain easements for drainage and/or utilities
which Developer hereby donates and dedicates to and for the use of public utilities, the
same being, without limiting the generality of the foregoing, electric power, gas,
telephone, water, sewer and cable television with the right hereby granted to the
persons, firms or corporations engaged in the supplying of such utilities to use and
occupy such easements, and to have free ingress and egress therefrom for the
installation, maintenance, repair and replacement of such utility services.
THE AREAS DESIGNATED ON THE PLAT AS LANDSCAPED
CONSERVATION AREA AND DETENTION AREA AND ROADWAYS, STREET
LIGHTS, DRAINAGE FACILITIES AND OTHER INFRASTRUCTURES ARE
HEREBY DONATED AND DEDICATED BY DEVELOPER TO THE OWNERS, AS
THEY MAY EXIST FROM TIME TO TRVIE, OF LOTS WITHIN THE
CHARDEAUX COURT WITH THE RIGHT TO USE THESE AREAS FOR,
DRAINAGE, BUFFER, PARK, PEDESTRIAN PATHS, LANDSCAPING AND
AESTHETIC PURPOSES AND THE ASSOCIATION SHALT, MAINTAIN SUCH
AREAS AND IMPROVEMENTS AT ITS SOLE COST. ADDITIONALLY,
DEVELOPER HEREBY GRANTS TO THE PUBLIC UTILITIES THE RIGHT TO
USE THOSE PORTIONS OF THESE AREAS WITHIN SAID TRACTS UPON
WHICH AT THE DATE OF RECORDING OF THE PLAT AND THIS BILL OF
ASSURANCE WATER, SEWER, AND STORM DRAINAGE IMPROVEMENTS
HAVE BEEN CONSTRUCTED BY DEVELOPER, PROVIDED SUCH
IMPROVEMENTS ARE MAINTAINED BY THE PUBLIC UTILITIES. NO OTHER
IMPROVEMENTS SHALL BE PLACED ON THE AREAS DESIGNATED AS
LANDSCAPED CONSERVATION AREA AND DETENTION AREA OTHER
THAN IMPROVEMENTS SPECIFICALLY DESCRIBED HEREIN, INCLUDING
ANY ADDITIONAL WATER, SEWER OR STORM DRAINAGE
IMPROVEMENTS, UNLESS FIRST APPROVED BY THE APPROPRIATE
AGENCIES OF THE CITY OF LITTLE ROCK, THE ASSOCIATION, ITS
SUCCESSORS OR ASSIGNS AND THE ARCHITECTURAL CONTROL
COMMITTEE ESTABLISHED PURSUANT TO THESE COVENANTS AND
RESTRICTIONS.
The filing of these Covenants and Restrictions and Bill of Assurance and Plat
for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County
shall be valid and complete delivery and dedication of the easements subject to the
limitations herein set out.
The lands embraced in the Plat shall be forever known as "Lots 1-12, Chardeaux
Court, an addition to the City of Little Rock, Pulaski County, Arkansas," and any and
every deed of conveyance of any lot in the Chardeaux Court describing the same by the
number shown on said Plat shall always be deemed a sufficient description thereof.
The lands herein platted and any interest therein shall be held, owned and
conveyed subject to and in conformity with the following covenants and restrictions
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ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any supplemental
Declaration (unless the context shall indicate a contrary intention) shall have the
following meanings:
(a) "Architectural Control Committee" shall mean the committee appointed
pursuant to Section 1 of Article VI hereof.
(b) "Association" shall mean and refer to Chardeaux Court Property Owners
Association, Inc., it successors and assigns.
(c) "Board" shall mean the Board of Directors of the Association.
(d) "Common Area" shall mean all real property owned by the Association
for the common use and enjoyment of all Owners. The common area shall be deeded to
the Association.
(e) "Declarant" or "Developer" shall mean Chandler -Johnson Development,
Inc., its successors and assigns.
(f) "Declaration" shall mean the Covenants and Restrictions and Bill of
Assurance as stated herein and hereafter properly amended.
(g) "Lot" shall mean and refer to any platted lot within the Property which
may be purchased by any person or owned by the Developer.
(h) "Member" shall mean and refer to any Owner who by virtue of holding
fee simple title to any Lot is a member of the Association. If any Owner holds title to
more than one Lot then the Owner shall hold memberships equal to the number of Lots
owned.
(i) "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is part of the Property, but
excluding those having such interest merely as security for the performance of an
obligation.
0) "The Property" shall mean and refer to that property described on
Exhibit "A" which is subject to this Declaration under the provisions of Article H.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
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SECTION 1: Existing Prog=. The real property that is, and shall be held,
transferred, sold, conveyed and occupied subject to this Declaration is located in the
County of Pulaski, State of Arkansas, and is more particularly described on Exhibit
"A," all of which property shall be referred to as "the Property". The Property may
consist of both platted and unplatted properties and the unplatted portions may be
subsequently platted by Developer, as it deems appropriate.
SECTION 2. Additions to Existing Property.
(A) Additional lands of the Developer may become subject to these
covenants and restrictions in the following manner: The Developer shall have the right
but not obligation to bring within the plan of this Declaration additional properties,
regardless of whether or not the properties are presently owned by the Developer, in
future stages of the development, provided that such additions are in accord with the
general plan of development (the "General Plan") which has been prepared prior to the
date of these covenants and restrictions and prior to the sale of any Lot and is
maintained in the office of Declarant, and provided such proposed additions, if made,
will become subject to assessments of the Association for their share of expenses.
UNDER NO CIRCUMSTANCES shall these covenants and restrictions or any
supplement or the General Plan bind the Developer to make the proposed additions or to
adhere to the Plan in any subsequent development of land shown on the General Plan.
Nor shall the Developer be precluded from conveying lands in the General Plan not
subject to these covenants and restrictions or any supplement.
(B) The additions authorised shall be made by filing of record a
Supplemental Declarations of Covenants and Restrictions and Bill of Assurance with
respect to the additional property which shall extend the plan of the covenants and
restrictions of this Declaration to the additional property, and the Owners, including the
Development of Lots in those additions shall immediately be entitled to all rights and
privileges provided in this Declaration.
(C) The Supplemental Declaration may contain those complimentary
additions and modifications of the covenants and restrictions contained in this
Declaration necessary to reflect the different character, if any, of the added properties as
are not inconsistent with the plan of this Declaration. In no event, however, shall such
supplement revoke, modify and add to the covenants established by this Declaration
within the Property.
SECTION 3. Additions Limited to Developer. No one other than the Developer
shall have the right to subject additional lands to this Declaration, unless the Developer
shall indicate in writing to the Association that such additional lands may be included.
ARTICLE III
THE ASSOCIATION
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Every person, persons or entity who owns any Lot, including a builder or contractor,
shall be a member of the Association, and shall abide by its Articles of Incorporation
and By -Laws. Membership shall be appurtenant to and may not be separated from
ownership of any Lot. The Association shall be governed by its Articles of
Incorporation and By -Laws.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTIES
SECTION 1. Common Amenities. The areas designated on the Plat as
Landscaped Conservation Area, Detention Area and all improvements thereon,
including but not limited to open spaces, landscape entrance and medians and other
common facilities, the Common Areas, shall be owned and maintained by the
Association except for public utility improvements which are maintained by such public
utilities.
SECTION 2. Members' Easements of Enjoyment. Every Member shall have a
right and easement of enjoyment in and to the Common Areas. This easement of
enjoyment shall be appurtenant to and shall pass with the title to every Lot.
SECTION 3. Tide To Common Areas. The Developer agrees to convey title to
the Common Areas to the Association free and clear of all liens and encumbrances
except for applicable ad valorem taxes and improvement district assessments, if any,
within five (5) years after their designation as such on a recorded plat filed in the office
of the Circuit Clerk of Pulaski County, Arkansas.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
SECTION 1. Creation of Lien and Personal Oblieation of Assessments and
&ecial Assessments. Each Owner of any Lot by acceptance of a deed shall be deemed
r
to covenant and agree, to pay to the Association assessments or charges and special =.
assessments, monthly or annually as the Association shall determine, together with
interest and costs of collection, if any, which amounts shall be a charge on the land and
shall be a continuing lien upon the Lot. Each assessment, together with interest, cost of i
collection and reasonable attorneys' fees, if any, shall also be the personal obligation of 3.
the Owner of the Lot at the time when the assessment or special assessment fell due.
The personal obligation for delinquent assessment or special assessment shall not pass 3
to an Owner's successors in title unless expressly assumed by them and shall remain a
personal obligation of the record owner(s) of the Lot when the assessment occurred.
The lien for assessments or charges and special assessments shall be subject to
and subordinate to the lien of any recorded first mortgage or deed of trust. ti
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Assessments shall be fixed by the Association in accordance with the Articles of
Incorporation and By -Laws of the Association. Assessments are established at $230.00
each month for the years 2006 and 2007 and at $250.00 each month for the year 2008.
Assessments for the year 2009 and thereafter shall be in such amounts as the
Association shall determine pursuant to its Articles of Incorporation and By -Laws.
Monthly Assessments shall be prorated from the purchase date of each Lot.
Assessments are due and payable on the first day of each month and delinquent if not
received on the fourth day of each month.
In lieu of assessments being imposed upon Lots owned by Developer, Developer
shall underwrite all reasonable costs for operation of the Association not covered by
assessment paid by owners of Lots other than Developer until eighty percent (80%) of
all Lots are owned by persons or entities other than Developer, then the remaining Lots
owned by Developer shall be subject to the same assessments as Lots owned by others
than Developer.
SECTION 2. ExemmRt Property. Common Areas as defined in Article I, all
Common Areas subsequently added to the Property and all portions of the Property
owned or otherwise dedicated to any political subdivision shall be exempt from the
assessment and liens of the Association.
ARTICLE VI
ARCHITECTURAL CONTROL COMMITTEE
SECTION 1. Designation of Committee. The Association shall have an
Architectural Control Committee, consisting of at least three (3) and not more than five
(5) members who shall be natural persons. The members of the Architectural Control
Committee, and all vacancies, shall be appointed by the Board of Directors.
SECTION 2. Function of Architectural Control Committee. No improvements
shall be constructed or maintained upon any Lot and no alterations or repainting to the
exterior of a structure shall be made and no landscaping performed unless complete
plans, specifications, and site plans showing the exterior design, height, building
material and color scheme, the location of the structure plotted horizontally and
vertically, the location and size of driveways, the general plan of landscaping, fencing,
walls and windbreaks, and the grading plan shall have been submitted to and approved
in writing by the Architectural Control Committee. A copy of the plans, specifications,
and Lot plans as finally approved shall be deposited, with the Architectural Control
Committee. No trees shall be removed without prior written approval of the
Architectural Control Committee. The Architectural Control Committee shall have the
power to employ professional consultants to assist it in discharging its duties. The
decisions of the Architectural Control Committee shall be final, conclusive, and binding
upon the applicant.
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SECTION 3. Content of Plans and Specifications. The plans and specifications
to be submitted and approved shall include the following:
(a) A topographical plot showing existing contour grades and showing the
location of all improvements, structures, walks, driveways, fences and
walls. Existing and finished grades shall be shown at Lot comers and at
comers of proposed improvements. Lot drainage provisions shall be
indicated as well as cut and fill details if any applicable change in the lot
contours is contemplated.
(b) Exterior elevations.
(c) Exterior materials, colors, textures and shapes.
(d) Structural design.
(e) Landscaping plan, including mailboxes, walkways, fences and walls,
elevation changes, watering systems, vegetation and ground cover.
(f) Parking area and driveway plan.
(g) Screening, including site, location and method.
(h) Utility connections.
(i) Exterior illumination, including location and method.
0) Fire protection system.
(k) Signs, including size, shape, color, location and materials.
SECTION 4. Definition of "IMrovements." Improvement shall mean and
include all residences, building, and roofed structures, parking areas, fences, walls,
hedges, mass plantings, poles, driveways, swimming pools, recreation, sporting or
exercise facilities, signs, changes in any exterior color or shape, glazing or re -glazing of
exterior windows with mirrored or reflective glass, and any other new exterior
construction or exterior improvement which materially alters the appearance of the
property and which may not be included in any of the foregoing. The definition does
not include garden shrub or tree replacements or any other replacement or repair of any
magnitude which does not materially change exterior colors or exterior appearances.
SECTION 5. The Basis of Approval. Approval of plans and specifications shall
be based on, among other things, adequacy of Lot dimensions, structural design,
conformity and harmony of external design and of location with neighboring structures
and Lots, relation of finished grades and elevations to neighboring sites, and conformity
to both the specific and general intent of the protective covenants. The Architectural
Control Committee shall establish certain architectural guidelines, which shall be
approved by the Board (the "Architectural Guideline"), and all plans and specifications
must comply with Architectural Guidelines then in force and effect. However, the
Architectural Control Committee may approve exceptions to the Architectural
Guidelines by a unanimous vote. If a request for exception to the Architectural
Guidelines fails to receive approval, upon appeal by the original requestor, the
Architectural Control Committee must present the requested exceptions to the
Architectural Guidelines to a called meeting of all Owners for a discussion. By a vote
of seventy-five percent (75%) of all Owners the decision to deny requested changes
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shall be overruled. The current Architectural Guidelines shall be available at the Office
of the Association.
SECTION 6. Majority Vote. A majority vote of the Architectural Control
Committee is required for approval or disapproval of proposed improvements except as
noted in Section 5 above.
SECTION 7. Failure of Committee to Act. If the Architectural Control
Committee fails to approve, disapprove, or reject as inadequate proposed plans and
specifications within thirty (30) days after submittal, they shall be deemed approved. If
plans and specifications are not sufficiently complete or are otherwise inadequate the
Architectural Control Committee may reject them entirely, partially or conditionally
approve.
SECTION 8. Limitations of Liability. Neither the Developer, the Association,
the Architectural Control Committee nor any of its members shall be liable, in damages
or otherwise, to anyone submitting plans and specifications for approval or to any
owner of land affected by this Declaration by reason of mistake of judgment, negligence
or nonfeasance arising out of or in connection with the approval or disapproval or
failure to approve or disapprove any plans and specifications.
SECTION 9. Reasonable Fee. The Architectural Control Committee may
charge any owner a reasonable fee for its services in reviewing that Owner's proposed
plans and specifications.
ARTICLE VII
CONSTRUCTION REQUIREMENTS AND RESTRICTIONS
SECTION 1. Type of Residence. The residences in Chardeaux Court shall be of
similar size and architectural style so as to create a neighborhood of architectural
continuity. All construction shall be approved by the Architectural Control Committee,
in its sole and absolute discretion, as further provided for in Section VI of this
Declaration. No residence shall be erected, altered, placed or permitted to remain on
any lot in Chardeaux Court other than one detached single-family residence not to
exceed two and one-half stories in height and further subject to the following specific
design, construction and landscaping requirements.
Roof Pitch
Windows
Chimney & Fireplace
Ceiling Height 1 'r Floor
Soffit, Facia, Frieze Board, Dormer
Shingles
16/12 At Main Ridge
Wood or Wood Clad
Brick or Stone on all four sides
10' minimum
Vinyl or Metal
Architectural with Architectural
Slate on Lot 12
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Mailboxes
Lawn
Gas Light
Fence
Landscape
Irrigation
Garage Doors
Melnorthey 5525B.
Zoysia Sod.
None Required.
Wrought Iron at Front. Cap and
trim six foot privacy at sides and
rear. (Any variance from these
requirements will be subject to
approval of the Architectural
Control Committee.)
Photocell lighting will be required
and Landscape plan must be pre -
approved.
Sprinkler system required at front,
rear and side yards.
2 single doors required, wood or
approved material.
SECTION 2. Setback Requirements. No residence shall be located on any Lot
nearer to the front line or the side street line than fifteen (15) feet. No building shall be
located nearer to an interior Lot side line than five (5) feet. Unless provided for to the
contrary on the Plat, no principal dwelling shall be located on any Lot nearer than
twenty (20) feet to the rear Lot line. For the purposes of this covenant, eaves, steps and
porches not under roofs shall not be considered as a part of the building. Where two or
more Lots are acquired as a single building site, the site building lines shall refer only to
those bordering the adjoining property owner.
SECTION 3. Minimum Square Feet Area. No residence shall be constructed or
permitted to remain on any Lot in Chardeaux Court unless the finished heated living
area, exclusive of porches, patios, garages, breezeways, exterior stairways, porte
cocheres, storage areas and outbuildings, shall be equal to or exceed that shown in the
following schedule.
Lot Nznber One Story Minimum Sq. Ft. Multi -Story Min. S . Ft.
All Lots 2,000 2,200
Finished heated living area shall be measured in a horizontal plane to the face of the
outside wall on each level.
SECTION 4. Frontage of Residence on Streets. Any residence erected on any
Lot in the Chardeaux Court shall front or present a good frontage on the streets
designated in the Plat, and for this purpose as applied to all inside Lots, it shall mean
that the residence shall front on the street designated, and on any corner Lot it shall
mean that the residence shall front or present a good frontage on both streets designated
in the Plat.
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SECTION 5. Commercial Structures. No building or structure of any type may
ever be placed, erected or used for business, professional, trade or commercial purposes
on any portion of any Lot. This prohibition shall not apply to any business or structure
that may be placed on any Lot or portion of a Lot that is used exclusively by a public
utility company in connection with the furnishing of public utility services to Chardeaux
Court.
SECTION 6. Outbuildings Prohibited. No outbuildings or other detached
structures appurtenant to the residence including, but not limited to tree houses, play
houses, and flagpoles, may be erected on any of the Lots hereby restricted without the
consent in writing of the Architectural Control Committee
SECTION 7. Noxious Activi . No noxious or offensive trade or activity shall
be carried on upon any Lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw,
leaves or cuttings, ashes or other refuse be thrown, placed or dumped upon any vacant
Lot, street, road or Common Areas, nor on any site unless placed in a container suitable
for garbage pickup, nor shall anything ever be done which may be or become an
annoyance or nuisance to the neighborhood.
SECTION 8. Oil and Mineral Operations. No oil drilling, oil development
operation, oil 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 other structure designed for use in boring
for oil or natural gas shall be erected, maintained or permitted upon any Lot.
SECTION 9. Cesspno). No leaching cesspool shall ever be constructed or used
on any Lot.
SECTION 10. Existing Structure. No existing, erected building, manufactured
building or structure of any sort may be moved onto or placed on any of the above
described Lots.
SECTION 11. Temparary Structure. No trailer, basement, tent, shack, garage,
barn or other outbuilding, other than a guest house and servants quarters approved by
the Architectural Control Committee, can be erected on a Lot covered by these
covenants or at any time be used for human habitation, temporarily or permanently. No
structure of a temporary character can be used for human habitation.
SECTION 12. Easements for Public Utilities and Draina e. Easements for the
installation, maintenance, repair and replacement of utility services, sewer and drainage
have heretofore been donated and dedicated, 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. No trees, shrubbery, incinerators, structures, buildings,
fences or similar improvements shall be grown, built or maintained within the area of
such utility or drainage easement. In the event any trees, shrubbery, incinerators,
structures, buildings, fences or similar improvements shall be grown, built or
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maintained within the area of such easement, no person, firm or corporation engaged in
supplying public utility services shall 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.
SECTION 13. Fences. No fences or enclosure of part of any building of any
type or nature whatsoever shall ever be constructed, erected, placed or maintained
closer to the front lot line than the building setback line applicable and in effect as to
each Lot, provided, however, that chain link or similar fences are in all events strictly
prohibited and shall not be used under any circumstances, provided further, that it is not
the intentions of this paragraph to exclude the use of evergreens or other shrubbery to
landscape the front yard. Fencing of any type must be approved by the Architectural
Control Committee as provided in Section VI hereof.
SECTION 14. SiOt Line Restrictions. No fence or wall, hedge or shrub
planting which obstructs sight lines at elevations between two (2) and six (6) feet above
the roadways, shall be placed or permitted to remain on any corner Lot within the
triangular area formed by the street property lines and a line connecting them at points
fifty (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 fifty (50) feet from their intersection. No tree
shall be permitted to remain within such distances of such intersections unless the
foliage line is maintained at a height of at least eight (8) feet to prevent obstruction of
such sight lines. The same sight line limitations shall apply on any Lot within ten (10)
feet of the intersection of the street property line with the edge of a driveway or alley
pavement.
SECTION 15. PrapertY Lines and Boundaries. Iron pins have been set on all
Lot corners and points of curve and all Lot dimensions shown on curves are chord
distances, and all curve data as shown on the Plat filed herewith is centerline curve data.
In the event of minor discrepancies between the dimensions or distances as shown on
the Plat and actual dimensions and distances as disclosed by the establishment pins, the
pins as set shall control.
SECTION 16. Driveway Obstructions. No obstruction shall be placed in the
street gutter. Curbs shall be saw cut at driveway with a diamond blade, and driveway
grades lowered to meet the gutter line not more than two (2) inches above the gutter
grade.
SECTION 17. Subdividina Lots. No Lot shall be subdivided.
SECTION 18. Oil, Gas and Other Minerals. Developer, for and in
consideration of Ten and No/100 Dollars ($10.00), executes this Bill of Assurance upon
the belief that it may own a portion of the oil, gas and minerals in and under the above
described land and hereby subordinates its interest in oil, gas and other minerals to the
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Bill of Assurance and will not engage the use of the surface in any oil drilling, oil
development operating, oil refining, quarrying or mining operations.
ARTICLE VIII
MAINTENANCE
SECTION 1. Duty of Maintenance. Owners and occupants (including lessees)
of any Lot shall jointly and severally have the duty and responsibility, at their sole cost
and expense, to keep that part of the Property so owned or occupied, including
buildings, improvements and grounds in a well maintained, safe, clean and attractive
condition at all times. Maintenance includes, but is not limited to the following to
achieve an aesthetically pleasing and well maintained appearance for the residences, the
Lots and Chardeaux Court.
(a) Prompt removal of all litter, trash, refuse, and waste.
(b) Watering
(c) Keeping exterior lighting and mechanical facilities in working order.
(d) Keeping garden areas alive, free of weeds, and attractive.
(e) Keeping parking areas and driveways in good repair.
(f) Complying with all governmental health and police requirements.
(g) Repainting of improvements.
(h) Repair of exterior damages to improvements.
SECTION 2. Enforcement. If, in the opinion of the Association any owner or
occupant has failed in any of the foregoing duties or responsibilities, then the
Association may provide written notice of that failure, giving the Owner or occupant ten
(10) days from receipt to perform the care and maintenance required. Should any
person fail to fulfill this duty and responsibility within the ten-day period, then the
Association through its authorized agent or agents shall have the right and power to
enter onto the premises and perform needed care and maintenance without any liability
for damages for wrongful entry, trespass or otherwise to any person. The owners and
occupants (including lessees) of any part of the property on which work is performed
shall jointly and severally be liable for the cost of the work and shall promptly
reimburse the Association for all costs. If the Association has not been reimbursed
within thirty (30) days after invoicing, the indebtedness shall be a debt of all of the
Owners and occupants jointly and severally, and shall constitute a lien against that
portion of the Property on which work was performed. This lien shall have the same
attributes as the lien for assessments and special assessments set forth in Article V, and
the Association shall have identical powers and rights in all respects, including but not
limited to the right of foreclosure.
ARTICLE IX
COMMON SCHEME RESTRICTIONS
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The following restrictions are imposed as a common scheme upon all Lots and
Common Areas for the benefit of each Lot and may be enforced by any Owner or the
Association through any remedy available at law or in equity.
1. No garbage, refuse, rubbish, tree limbs, pine straw, leaves or cuttings
shall be deposited on any street, road, or Common Areas nor on any Lot unless placed
in a container suitable for garbage pickup. Burning of any such refuse is prohibited.
2. No building material of any kind or character shall be placed upon any
Lot except in connection with construction approved by the Architectural Control
Committee. Construction shall be promptly commenced and diligently prosecuted.
3. No clothes lines, drying yards, service yards, wood piles or storage areas
shall be so located as to be visible from a street or Common Area.
4. Any exterior lighting installed on any Lot shall either be indirect or of
such controlled focus and intensity as not to disturb the residents of the adjacent
property.
5. No animals or poultry shall be kept on any Lot or Common Area except
for a maximum of three (3) ordinary household pets belonging to the household. No pit
bulldog, pit bulldog mixed breed or any other mix or breed of dog known to display or
displaying vicious tendency or that barks when outside the family residence to an extent
that it becomes a nuisance or an irritation to other Owners and occupants of other Lots,
shall be permitted to remain in the Addition. Any dogs allowed outside the residence
shall be confined to the side and rear yard area, fenced in with fences subject to the
approval of the Architectural Control Committee. Because of the close proximity of the
residences, pet owners shall, on a daily basis, remove and properly dispose of pet waste
from areas in which the pets are confined. Likewise, owners or residents, may walk
their dogs in the Subdivision, confining the dogs to the owner's or resident's Lot, the
public street and the area designated on the Plat as the "Detention Area." Pet owners
are required to also promptly remove and properly dispose of pet waste from their yards
and the public streets. Pets are not allowed in the area of the subdivision designated as
the "Landscaped Conservation Area."
6. No signs, plaques or communication of any description shall be placed
on the exterior of any Lot or Common Area by an Owner unless approved by the
Architectural Control Committee.
7. No nuisances shall be allowed in Chardeaux Court nor shall any use or
practice be allowed which is a source of annoyance to its residents or which interferes
with their right of quiet enjoyment.
8. No immoral, improper, offensive or unlawful use shall be made of the
Lot or Common Areas or any part thereof, and all valid laws, zoning, by-laws and
regulations of all governmental bodies having jurisdiction shall be observed.
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9. No portion of a Lot (other than the entire site) may be rented or leased.
10. No used or previously erected or temporary house, structure, house
trailer or non -permanent outbuilding shall ever be placed, erected or allowed to remain
on any Lot or Common Area.
11. No junk vehicle, commercial vehicle, trailer, truck, camper, camp truck,
house trailer, boat or other machinery or equipment (except as may be reasonable and
customary in connection with the use and maintenance of any improvements located
upon the Property and kept in an enclosed garage or storage room and except for such
equipment and/or machinery as the Association may require in connection with the
maintenance and operation of the Common Areas) shall be kept upon the Property, nor
(except for bona fide emergencies) shall the repair or extraordinary maintenance of
automobiles or other vehicles be performed. This restriction shall not apply to vehicles,
trailers, boats, machinery, equipment or the like stored and kept within an enclosed
storage room or garage.
12. All buildings built on any Lot shall comply with the setback restrictions
imposed upon the Lot on either a recorded plat in the Circuit Clerk's office of Pulaski
County, Arkansas, or in the deed to each purchaser of a Lot. Setback restrictions are
covenants running with the land.
13. An Owner hereby grants a right of access to his Lot to the Association,
any managing agent of the Association, and/or any other person authorized by the
Board or the managing agent for the purpose of making inspection or for the purpose of
correcting any conditions originating in his Lot that threatens his Lot or another Lot or
any Common Area, or for the purposes of performing installations, alterations, or
repairs to the parts of the Lot over which said persons have control and/or responsibility
for maintenance. Requests for such access must be made in advance and entry must be
at a time reasonably convenient to the Owner. In case of an emergency, this right of
entry shall be immediate whether the Owner is present or not.
14. All automobiles, boats, campers and recreational vehicles shall be kept in
an enclosed garage and not in the driveway.
ARTICLE X
USE, MAINTENANCE AND PROTECTION OF COMMON PROPERTIES
SECTION 1. Easement of Enjayment. Subject to the provisions of Section 3 of
this Article X, every Member of the Association shall have the right and easement of
enjoyment in and to the Common Areas.
SECTION 2. Qeration and Maintenance. The Association shall be responsible
for the operation and maintenance of Common Areas.
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SECTION 3. Extent of Easements. The rights and easements of enjoyment
created shall be subject to the following:
(a) The right of the Association to prescribe rules and regulations for the
use, enjoyment, and maintenance of the Common Areas;
(b) The right of the Association to borrow money for the purpose of
improving all or any part of the Common Areas, and to mortgage all or
any part of the Common Areas;
(c) The right of the Association to take reasonable necessary steps to protect
all or any part of the Common Areas against foreclosure; and
(d) The right of the Association to suspend the easements of enjoyment of
any Member of the Association during the time any assessment levied
pursuant to this Declaration remains unpaid, and for any period not to
exceed thirty (30) days for any infraction of its published rules and
regulations.
ARTICLE XI
GENERAL PROVISIONS
SECTION 1. Duration. The covenants and restrictions of this Declaration shall
run with and bind the land, shall inure to the benefit and be enforceable by the
Association, or the Owner of any land subject to this Declaration, their respective legal
representatives, heirs, successors, and assigns, for a term of thirty (30) years from the
date this Declaration is recorded, after which time the Covenants and Restrictions shall
be automatically extended for successive periods of ten (10) years unless an instrument
terminating these Covenants and Restrictions signed by the then Owners of sixty-five
percent (65%) of the Lots has been recorded prior to the commencement of any ten-year
period.
SECTION 2. Amendments. These covenants and restrictions may be amended
during the first twenty (20) years from the date of the Declaration by an instrument
signed by the Owners of not less than seventy-five percent (75%) of the Lots and
thereafter by an instrument signed by the Owners of not less than seventy percent (70%)
of the Lots. Any amendment must be properly recorded.
A copy of a signature page of the owners of record as of April 4, 2014,
acknowledging their acceptance of this amended version of the Chardeaux Court
Property Owners Association, Inc., Bill of Assurance, is attached as Exhibit `B".
SECTION 3. Notices. Any notice required to be sent to any Member or Owner
under the provisions of this Declaration shall be deemed to have been properly sent
when mailed, postpaid, to the last known address of the person who appears as Member
or Owner on the records of the Association at the time of mailing. Each purchaser of a
Lot shall forward a copy of his recorded warranty deed to the Association or its officers.
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SECTION 4. Enforcement. Enforcement of these covenants and restrictions
shall be by any proceeding at law or in equity against any person or persons violating or
attempting to violate any covenant or restriction, either to restrain violation or to
recover damages, and against the land to enforce any lien created by these covenants
and restrictions. Failure by the Association or any Owner to enforce any covenant or
restriction shall in no event be deemed a waiver of the right to do so thereafter.
SECTION 5. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions
which shall remain in full force and effect.
SECTION 6. Attorney Fee. In any legal or equitable proceeding for the
enforcement or to restrain the violation of this instrument or any provision thereof, by
reference or otherwise, the prevailing party or parties shall be entitled to attorney fees in
such amount as the court finds reasonable. All remedies provided for herein, or at law
or equity, shall be cumulative and not exclusive.
SECTION 7. Dissolution. The Association may be dissolved with consent
given in writing and signed by not less than three -fourths of the eligible votes of each
class of Members as defined in the By -Laws of the Association. Upon dissolution of
the Association other than incident to a merger or consolidation, the assets of the
Association shall be conveyed and granted and assigned to any nonprofit corporation,
association trust, or other organization to be devoted to same or similar purposes.
Chardeaux Court Pro Owners Association, Inc.
By:
/s/ Donald M- SteArt, Oresident
Attest:
By:
/sJ GorrmurphtSe re
ACKNOWLEDGEMENT
STATE OF ARKANSAS )ss
COUNTY OF PULASKI )ss
On this day before me, a Notary Public, duly commissioned, qualified and
acting within and for said county and state, appeared the within named Donald M.
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l
Stewart being the President of Chardeaux Court Property Owners Association, Inc., to s
me personally well known, who stated he was duly authorized in his respective capacity }
to execute the foregoing instrument, and further stated and acknowledged that he had so F
signed, executed, and delivered said foregoing instrument for the consideration, uses }
and purposes therein mentioned and set forth.
t
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
/G eac day of 2015.
1
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1�
Notary Public €
µtisu�r��rr �
My Commission Expires:
i/-// - aoa a
ACKNOWLEDGEMENT
STATE OF ARKANSAS )ss
COUNTY OF PULASKI )ss
0 Lp4
COMM EXP'. 0 s
4-11-2022 • Z
* : No. 12387463:
COUNTY
On this day before me, a Notary Public, duly commissioned, qualified and
acting within and for said county and state, appeared the within named Mary Murphy
being the Secretary of Chardeaux Court Property Owners Association, Inc., to me
personally well known, who stated she was duly authorized in her respective capacity to
execute the foregoing instrument, and further stated and acknowledged that she had so
signed, 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 seal this
day of o f�- , 2015.
My Commission Expires:
/ %0-rX_02Ci3
17
i
otary Public
OFFICIAL SEAL
JOSEPH H. TROLL
NOTARY PUBLIC-ARKANSAS
PULASKI COUNTY
COMMISSION N 12392427
MY COMMISSION EXPIRES: 03-07-23
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Exhibit "A"
LEGAL DESCRIPTION
CHARDEAUX COURT
A part of the West Half of the East Half of the Southwest Quarter of the Southeast
Quarter, Section 29, Township 2 North, Range 13 West, Little Rock, Pulaski County,
Arkansas and more fully described as follows: Commencing at the Northeast Corner of
said West Half of the East Half Southwest Quarter of the Southeast Quarter and run
thence South 00 deg. 55 min. 31 sec. West along the East line of Adkins Estates for a
distance of 784.40 feet to the Point of Beginning of the land herein described: thence
continuing South 00 deg. 55 min. 31 sec. West along the East line of Adkins Estates for
a distance of 490.60 feet to Southwest Corner of Adkins Estates and being the North
Right -of -Way line of Hinson Road; thence North 87 deg. 36 min. 35 sec. West along
said North Right -of -Way line for a distance of 164.99 feet; thence North 87 deg. 41
min. 21 sec. West along the North Right -of -Way line of Hinson Road for a distance of
163.30 feet to the East line of Lot 6, Pleasant Valley Estates; thence North 00 deg.52
min. 48 sec. East along the Eastern line of Pleasant Valley Estates for a distance of
485.28 feet, thence South 88 deg. 34 min. 40 sec. East for a distance of 328.58 feet to
the point of Beginning, containing (160,208.58 sq. ft.) 3.68 acres, more or less.
This property is in the 100 year flood plain as per Panel 43 for Little Rock, AR.
Community -Panel #0501810043F, dated 10/19/01 in Zone "AE".
100 year flood elevation is 429 west to 430 east.
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I
I
i
Exhibit `B"
AMENDMENT APPROVAL
In accordance with Article X, Section 2, of the Chardeaux Court Property Owners
Association, Inc., Bill of Assurance, the following owners of record as of the date of
this approval, acknowledge their acceptance of this amended version of the
Chardeaux Court Property
Owners Association, Inc., Bill of Assurance.
Lot # 1 C 0/A s
C arles Andrew Boyd patq
na C. Bo d tf—/�
Lot #2 S /101((�
Jo n Date
Lot#3
f Randy J Construction Company
Lot # 4
John Shock
Lot # 5
Lot # 6
Lot # 7
Lot # 8
Rushing
M�ord Group, LLC
Richard D'Anna
� ti
Christine J. D'Anra--7
19
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J.
Date '
Date
s 4l
cDate
J� 4`
) L�
2015003864 20 of 20
Lot # 9
Lot # 10
Lot # I l
Lot # 12
I
Date
Ulona Uary Futrell
Sa tt M. Hurley ' — Date
.SfS�
Carrie Michelle Hurley Date
20
CIVIL ENGINEERING DIVISION
FINAL PL,,AT FILING APPROVALS
FINAL PLAT NAME CI ARDEAUX COURT
INSPECTOR REPORT
227 �Dylrf
I have made a final inspection of the improvements and find that:
✓/ All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improvements remain uncompleted and a punch list has been prepared and sent.
Engineering Specialist Date:,_
ADDRESSING SPECIALIST'S REPORT
I ave re i 1 fin44t the street names and street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for
billing to developer:
Certain improvements remain uncompleted and a punch list has been prepared and sent.
D --r— l- jEQU1:,jZ b Traffic Engineer Date:
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
Y. The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
All other requirements for final plat approval have been satisfied.
Civil Engineer MI Date: 3 17 f a(p
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requireme s for final pla approv_gl have been satisfied.
Surveyor
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied. 1 Date: 3/1-7 /0(a
Design Review Engineer/Civil Engineering Manager
Date