HomeMy WebLinkAboutS-1477-C Application2006026104
04/07/2006 09:24:40 AM
Filed & Recorded in
Official Records of
RAT O'ARIEN
PULASKI COUNTY
CIRCUIT/COUNTY CLERK.
Fees $53.00
F`2�kIJL1�4,•`'~ DECLARATION OF RESTRICTIVE COVENANTS
FOR
REPLAT OF TRACT 3 AND TRACT 4
TWO RIVERS HARBOR PHASE 1 ADDITION TO PULASKI COUNTY ARKANSAS
INTO TRACT 3R AND TRACT 4A
TWO RIVERS HARBOR PHASE 1 ADDITION2 TO PULASKI COUNTY ARKANSAS
This Declaration is made this day of April, 2006 and affects the replat of Tract 3
and Tract 4 of the Two Rivers Harbor Phase 1 Addition, to Pulaski County, Arkansas
("Subdivision") into Tract 3R and Tract 4A, Two Rivers Harbor Phase 1 Addition, to Pulaski
County, Arkansas as per its Final Plat filed in Book at Pages to in the
records of the Circuit Clerk and Ex-Offico Recorder of Pulaski County, Arkansas (the
"Subdivision Plat").
WHEREAS, the undersigned (the "Declarant") are the owners of all of the real property
described on the attached Exhibit "A", as shown on the Subdivision Plat (collectively, the
"Property");
WHEREAS, Declarant has caused to be incorporated the Two Rivers Harbor Property
Owners Association, Inc. for the purpose of administering the maintenance of all Common Areas
within the Property;
WHEREAS, all of the Property, as shown on the Subdivision Plat, has been subdivided
into building lots, tracts, and streets and that the Property shall be held, owned, and conveyed
subject to the restrictive covenants in this Declaration for the purpose of enhancing the value of
the Property by creating a common scheme of development and the associated restrictions on
use;
WHEREAS, Declarant has previously caused all of the Property, as shown on the
Subdivision Plat, to be subdivided into building lots, tracts, and streets as per the plat recorded as
Document # 2005104679, in Plat Book H, Page 571, dated December 13, 2005, and Declarant is
now replatting Tracts 3 and 4 into Tract 3R an Tract 4A;
NOW THEREFORE, Declarant 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 to be made
the Subdivision Plat; and
Declarant also hereby dedicates and donates to Pulaski County, Arkansas and to the City
of Little Rock, Pulaski County, Arkansas the easements and rights -of -way on, over, and under
the easements shown on the Subdivision Plat, along with the right of ingress and egress
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therefrom for the purpose of installing, maintaining, repairing, or replacing of utility services of
any kind, including, but not limited to electricity, telephone, cable television, sewer, and water.
The filing of this Declaration for record in the office of 'the Circuit Clerk and Ex Officio
Recorder of Pulaski County, Arkansas shall be a valid and complete dedication and delivery of
easements for the use and benefit of the Declarant and its successor and assigns and the present
and future owners of any part of the Property, subject to the limitations set forth herein. The
streets and easements and boardwalk easement shown on the Plat shall be private streets and,
together with the platted streets and easements for ingress and egress, utility easements, and the
boardwalk easement shown on the final plat for Tracts 1 through 5 and Tract 9, Two Rivers
Harbor - Phase 1 Addition to Pulaski County, Arkansas, filed at plat book H 571 as Instrument
Number 2005104679, in the records of the Circuit Clerk and Ex Officio Recorder of Pulaski
County, Arkansas, shall be for the use and benefit of the Declarant and its successors and assigns
and the present and future owners of any part of the Property, and the filing of the Plat or this
Declaration shall not be a dedication of the streets to the general public.
The lands contained in the Subdivision Plat, and any interest therein, shall be held,
owned, and conveyed subject to and in conformity with the following covenants.
1. Use of Land. The land herein platted shall be held owned and used only for single family
residential purposes. Each lot shall contain one single family dwelling which is approved
as provided for by this Bill of Assurance. The single family dwelling shall be "stick
built" from materials assembled on site and no mobile'homes or prefabricated structures
shall be allowed. Each lot may contain one boat dock which is approved as provided for
by this Bill of Assurance. Each lot owner shall bear the cost of connecting any boat dock
to the boardwalk on the Property, including any removal and replacement of the railing
on the boardwalk.
2. No Rise Certificate. The Property is located within the floodway f6r the Arkansas River
and parts of the property are subject to the flowage easement for the Arkansas River in
favor of the United States of America. As such, each Tract within the Property is subject
to all restrictions associated with the floodway and flowage easements. Declarant has
obtained a No Rise certificate for the Property showing that the development has no
adverse impact on the base flood level for the Arkansas River. This No Rise analysis is
based on each single family residence• being located at a specific location on each tract,
the height of the first floor of the single family residence being above the height of the
100 year flood, and the construction of all driveways at the existing grade for each Tract.
All improvements constructed on, and the use of each Tract, shall be in compliance with
the No Rise certificate, which is incorporated by this reference.
3. Architectural Control. The Declarant shall sit as the Architectural Control Committee for
the Property and shall have the right to approve or disapprove all plans for any
improvements to be constructed or maintained on any lot as set forth below. No
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improvement shall be constructed or maintained on any lot and no alteration or repairing
to the exterior of a structure shall be made unless prior approval is obtained from the
Declarant as set forth below.
a. Architectural Control Committee & Duties. The Declarant may appoint a representative
as an Approving Agent who shall be responsible for acting in place and stead of the
Declarant with respect to all architectural control duties and responsibilities of the
Declarant under this Bill of Assurance. The Declarant or Approving Agent shall approve
or disapprove all plans and requests as provided within this Bill of Assurance.
b. Voting and Approval of Plans. If the Declarant transfers its architectural control powers
to the Association, a majority vote of the Committee, if there is no approving agent, is
required for approval or disapproval of proposed improvements. Otherwise, the decision
of the Declarant or its agent shall be binding on all applicants.
C. Fees. The Declarant may from time to time establish a reasonable fee for the services
rendered in conjunction with the review and approval of all plans. The initial fee is
hereby set at $200 and shall be paid by the applicant to the Declarant in advance by the
applicant and submitted with the plans.
d. Prelimingy Consultation is Encoura ed. In order to facilitate approval and to avoid
misunderstandings and duplication, applicants are encouraged* -to submit preliminary
plans and specifications to the Declarant for consultation and study prior to the
submission of final plans and specifications.
e. Plans and S12ecifications. Two complete sets of final building plans and specifications for
any structure, including, but not limited to, any building, fence, coping, wall, or other
structure(s) to be erected on any lot shall be submitted to the Declarant for. written
approval before any construction may begin. Until further notice by Declarant, all such
plans shall be submitted to Declarant at 1020 West Third St., Little Rock, Arkansas
72201. Included in such plans shall be:
Plans showing that the location, size, foundation, garage, driveway, and height of
the first floor of the structure comply with the No Rise Certificate issued for Two=
Rivers Harbor and all restrictions of the floodway, flood plain, and flowage
easements for the Arkansas River.
it Plat plans showing location of structure on the Lot and measured distances to the
structure from front, back and side lot lines.
iii. Exterior elevation drawings of all sides of the building and showing the height of
the first floor is above the height of the 100 year flood for the Property.
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iv. Detailed floor plan including total square footage of heated and cooled space.
V. Roof pitch and type and color of roofing material,
vi. Exterior type of materials and color scheme,
vii. Location and plans for garage and driveway, showing the driveway is constructed
at the existing grade for the Tract,
viii. Location and plans for any boat dock and walkway.
f. Changes After Approval. Any changes, remodeling, reconstruction, alternations or
additions to any building or other structure, including fencing and walls, on any Lot shall
also be subject to the prior approval in writing by the Declarant.
g. Staking. The applicant shall stake the location of buildings or improvements on the site
prior to such approval.
h. Evidence of Approval. Approval of any plans and specifications shall be evidenced by
the written endorsement of the Declarant or approving agent made on said plans and
specifications, and a copy thereof shall be delivered by the Declarant to the applicant, or
to his agent or representative, prior to the commencement of construction. One set of
said plans and specifications shall be retained by the Declarant.
i. Disapproval of Plats. The Declarant shall have the right to disapprove any plans and
specifications submitted to it for any one or more of the following reasons:
i. If the plans and specifications are not in sufficient detail or are incomplete;
ii. If, in the opinion of the Declarant, the architectural design of the proposed
building or structure as shown by the plans and specifications, plat plans, or the
location of any structure, is not in harmony with the general surroundings, or with
the building or structures, or proposed building or structures, adjacent to the
location at which said proposed building or structure is intended to be erected, or
not in compliance with the No Rise Certificate.
iii. If any building materials are of a style, color, or quality deemed inappropriate or
substandard quality, as determined by the Declarant.
iv. If the plans and specifications are not in compliance with the provisions of this
Bill of Assurance.
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j, Timing of Construction. The exterior construction of each residence, shall begin
promptly after approval of the plans and shall continue until fully completed, with all
such construction to be fully completed within forty three (43) months after
commencement of construction. No residence placed or erected on any lot shall be
occupied in any manner until made to comply with the approved plans, and all other
conditions and restrictions herein set forth.
k. Non -Liability of Declarant. In reviewing plans and specifications, the Declarant shall
consider only aesthetic matters reflected therein, and shall not consider the structural
adequacy, advisability or safety of any matter contained therein. The Declarant shall 'not
be responsible for any defects in said plans or specifications or in any building or
structure erected according to such plans and specifications. The Declarant shall not be
liable in damages to anyone so submitting plans for approval, or to any owner or owners
of land covered by this instrument by reason of mistake in judgment, negligence or
nonfeasance of itself, its agents or employees, arising out of or in connection with the
approval or disapproval, or failure to approve any such plans. Any person or entity
submitting plans to the Declarant for approval shall for himself, and his successors and
assigns, by the submitting of such plans, waive all claims for damages resulting from any
such acts or omissions.
1. Modification to No Rise Certificate. Should any lot owner within the Property desire to
make any use of, or construct any improvement on, their Tract which will necessitate a
modification of the No Rise certificate for the Property, Declarant shall have the right to
reject plans for any such use or improvement, to the extent it requires a modification of
the No Rise certificate. If Declarant elects to approve such plans, the Declarant's
approval shall be contingent on the lot owner obtaining at lot owner's expense a modified
No Rise certificate for the Property showing that there is no adverse impact from the
proposed use or improvement. The modified No Rise certificate shall be obtained from
an engineer licensed by the State of Arkansas of the Declaraht's choosing.
4. Common Area. Any areas designated on the Plat as open space or labeled "Common
Property" or "Common Area" and all improvements thereon, including but not limited to,
the boardwalk, the access road, all walls, lighting, irrigation and landscaped areas shall be
maintained by the Declarant, except for public utility improvements which are
maintained by such public utilities.
5. Delegation of Authority. - Declarant may cause the formation of a non profit corporation
to act as a property owner's association for the Property ("Association"). Declarant shall
have the right, but not the obligation, by a written instrument recorded in the Office of the
Recorder for Pulaski County, Arkansas, to delegate, convey and transfer to the
Association all authority, rights, privileges and duties reserved by Declarant in this Bill of
Assurance.
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6. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of
property covered by this Bill of Assurance, each owner of a lot within the Property shall
be deemed to covenant and agree to pay any assessments, charges and/or special
assessments which may hereinafter be levied by the Association for the purpose of
promoting the recreation, health, safety and welfare of the owners within the Property, in
particular for the acquisition, servicing, improvement and maintenance of common areas,
which amount together with interest, costs and collection and -a reasonable attorney's fee,
shall be a continuing lien upon the lot. The initial annual assessment fee shall be as
provided for by the By -Laws of the River Harbor Property Owners Association, Inc., and
shall be payable to the Association at January 1 of each year, with the first payment due
January 1, 2006, provided, however, that any lot sale from Declarant to a buyer during
any year shall be pro -rated from the date of the closing of the purchase. The assessments,
together with interest, costs and reasonable attorney's fees, and any fines imposed by this
Bill of Assurance or the By-laws or Rules or Regulations established by the Association,
shall be a charge on the land and shall be a continuing lien upon the lot against which
each such assessment is made or such fine imposed. Each such assessment or fine,
together with interest, costs and reasonable attorney's fees, shall also be the personal
obligation of the person who was the owner of such lot at the time when the violation
occurred. The Association may change the annual assessment, from time to time, as it
sees fit pursuant to any reasonable procedures established by the By -Laws of the
Association.
7. Height and Type of Residence. No residence shall be erected, altered, placed or
permitted to remain on any lot in the Property other than one detached single-family
residence not to exceed three and one-half stories ip height.
8. Setback Requirements. No residence shall be located on any lot nearer to any lot line
than the minimum building setback lines shown on the Plat; provided, such setback
requirements may be modified if such modification is approved by the Architectural
Control Committee, the City of Little Rock, and Pulaski County, or such other regulatory
agency as may succeed to their functions.
9. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on
any building site in the Property unless the finished heated and cooled living area,
exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres,
storage areas and outbuildings, shall equal to or exceed three thousand (3,000) square
feet. Finished heated and cooled living area shall be measured in a horizontal plane to
the face of the outside wall on each level. Each residence shall have an enclosed garage
for at least two (2) cars on the ground floor of the principal residence.
10. Commercial Structures. No building or structure of any type may ever be placed, erected
or used for businesses, professional, trade or commercial purposes on any portion of any
lot. This prohibition shall not apply to any business 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 the Property.
11. Noxious Activity; Nuisance. 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 by 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 a
nuisance to the neighborhood. Automobiles shall only be parked on a lot in the garage or
on a paved driveway or parking space. Any trailers, boats, recreational vehicles, all -
terrain vehicles or other vehicles may be parked in the back yard of any lot provided they
are fully enclosed by a fence and fully screened from the street.
12. Oil and Mineral Ogerations. No oil drilling, oil development operating, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any building
site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or
in any building site. No derrick or other structure designed for use in boring for oil or
natural gas shall be erected, maintained or permitted upon any building site.
13. Existing Structure. No existing, erected building or structure of any sort may be moved
onto or placed on any lot.
14. Temporary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding
shall at any time be used for human habitation, temporarily or permanently.
15. Easements for Public Utilities and Drainage. 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 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 locate within the area of such easement.
16. Easements for Boardwalk. Easements for the installation, maintenance, repair and
replacement of the boardwalk along the Arkansas River 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, structures,, buildings, fences or similar improvements shall be grown,
built or maintained within the area of such boardwalk easement.: In the event any trees,
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shrubbery, structures, buildings, fences or similar improvements shall be grown, built or
maintained within the area of such easement, no person, firm or corporation engaged in
maintaining or repairing the boardwalk shall be liable for the destruction of same in the
installation, maintenance, repair or replacement of the boardwalk within the area of such
easement.
17. Fences and Retaining Walls. No fences, enclosure or part of any building of any type or
nature whatsoever shall ever be constructed, erected, placed or maintained closer to the
front or side lot line than the building setback line applicable and in effect as to each lot.
Chain link or similar fences are in all events strictly prohibited and shall not be used
under any circumstances. It is not the intention of this paragraph to exclude the use of
evergreens or other shrubbery to landscape the front yard. Fences up to 6 ft. in height
will be allowed beyond the platted rear yard setback. Wooden privacy or wrought iron
fences will be permitted. Fencing of any type must be approved by the Declarant as
provided in paragraph 1 hereof. The facade of all retaining walls shall be constructed of
100% brick, rock or stucco material.
18. PropertyPropedy 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 established pins, the pins as set shall
control.
19. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall
be saw cut at driveways, and driveway grades lowered to meet the gutter line not more
than two inches above the gutter grade.
20. No Subdivision. No lot shall be subdivided, provided, however, that Declarant may
subdivide Tract 4 and divide it into two (2) lots.
21. Landscaping. Landscaping shall be installed within 120 days of the completion of
construction of the residence.
22. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind
the present owner., its successors and assigns. All parties claiming by, through or under
the present owner shall be taken to covenant wit the owner of the lots hereby restricted,
and its successors and assigns, to conform to and observe these restrictions. No
restriction herein shall be personally binging upon any corporation, person or persons,
except with the respect to breaches committed during its, his, her or their term of holding
title to said land. Declarant, its successors and assigns, and also the owner or owners of
any of the lots hereby restricted shall have the right to sue for and obtain an injunction,
prohibitive or mandatory, to prevent the breach of or to enforce the observance of the
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restrictions above set forth, in addition to ordinary legal action for damages and failure by
any owner or owners of any lot or lots in this addition to observe any of the restrictions
herein. Any delay in bringing such action shall, in no event, be deemed to be a waiver of
the right to do so thereafter.
23. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set
forth in this Bill of Assurance may be amended, modified, extended, changed or
canceled, in whole or in part, by a written instrument signed and acknowledged by the
owner or owners of more then seventy-five percent (75%) in area of the total land
contained within the Property. Each covenant in this instrument, unless expressly
provided otherwise, shall remain in full force and effect until January 1, 2030 after which
time each covenant in this instrument shall be automatically extended for successive
periods of ten (10) years unless an instrument terminating the covenants signed by the
then owners of seventy-five percent (75%) of the lots on the Plat have been recorded
prior to the commencement of any ten-year period.
24. Attorneys Fees. In any legal or equitable proceeding for the enforcement or to restrain
the violation of this instrument or any provisions thereof, by reference or otherwise the
prevailing party or parties shall be entitled to attorney fees in such amounts as the court
finds reasonable. All remedies provided for herein, or at law or equity, shall be
cumulative and not exclusive.
25. Pets. Only dogs and cats will be allowed as outdoor pets. Any outdoor pets will be
confined to fenced areas.
26. Severability. Invalidation of any restriction set forth herein or any part thereof by any
order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of
the other restrictions or any part as set forth herein, but they shall remain in full force and
effect.
EXECUTED this day of April, 2006.
DECLARANT
BOTTOM LINE, INC.:
BY:
CHARLES HINSON, PRESIDENT
®'
Reviewed only for inclusion of minimum standards
required by the City of Little Rock subdivision regulationo
Bill of Assurance provisions established by Vic
developer may exceed minimum regulaticn.3 cf lha
alleock subdivision and zoning ordinances
1
i of Little Rock Planning Commission
This Instrument Prepared By:
Andrew V. Francis, Esq.
ANDREW V. FRANCIS, P.A.
2311 Biscayne Drive, Suite 205
Little Rock, Arkansas 72227
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EXHIBIT A
Tract Part of the SE 1/4, Section 9, Township 2 North, Range 13 West, Pulaski County,
Arkansas, lying South of the right (south) bank of the Arkansas River more particularly
described as follows:
Tract 3 and Tract 4, Two Rivers Harbor Phase 1 Addition to Pulaski County, Arkansas, as
recorded in document # 2005104679, in Plat Book H, Page 571, dated December 13, 2005,
subject to and benefited by the easements shown thereon.
This property IS IN the 100 year FLOOD ZONE'AND FLOODWAY as per Panel 259 of 585
for Pulaski County, Arkansas. Community -Panel #050179 0259 E, dated November 2, 1994 in
Flood Zone Al2. The 100 year flood elevation is 263.
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