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HomeMy WebLinkAboutS-1493-A ApplicationBILL OF ASSURANCE WITH 2007040831 05/23/2007 02:34:32 Filed & Recorded in Official Records of PAT O'BRIEN PULASKI COUNTY CIRCUIT/COUNTY CLER Fees $74.00 DECLARATION OF COVENANTS AND RESTRICTIONS FOR LOCHRIDGE ESTATES PM 51`III II II IIIJIiI .t`�hhc4 � �' • cr . Thy''-. LJJ Coo This Bill of Assurance with Declarations ofpvenants and Restrictions (hereinafter " Declaration" ), is made this ' h day of p P, [ , 204JFby Lochridge Estates,LLC, { " Developer " or the " D clarant " ). r,1 s V WITNESSETH: KNOW ALL MEN BY THESE PRESENTS: l '�.■� •rGU���t. �/1lili 111 llll 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 privacy gate, private gated roadways or streets, private sanitary sewer system, permanent open spaces including nature trails and a lake or lakes, landscaped entrance and other common facilities for the benefit of the development, which shall be known as Lochridge Estates (hereafter "Lochridge Estates WHEREAS, Developer desires to provide for the preservation of the values and amenities in Lochridge Estates 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 Lochridge Estate Property Owners Association, Inc. ( "Association" ) for the purpose of owning and administering the operation, maintenance, repair and replacement of the common areas and facilities in Lochridge Estates; and WHEREAS, all owners of lots within Lochridge Estates 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 the Property be held, owned and conveyed subject to the protective covenants herein contained in order to enhance the value of Lochridge Estates. 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 Marlar Engineering Company, Registered Land Surveyor dated A14PzJJ , Z 0 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 " ). There are shown on the 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. AREAS DESIGNATED ON THE PLAT AS LANDSCAPED CONSERVATION AREAS AND DETENTION AREAS 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 TIME, OF LOTS WITHIN LOCHRIDGE ESTATES WITH THE RIGHT TO USE THESE AREAS FOR, DRAINAGE, BUFFER, PARK, PEDESTRIAN PATHS, LANDSCAPING AND AESTHETIC PURPOSES AND THE ASSOCIATION SHALL 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 THE SUBDIVISION 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 COMMON AREAS 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 this Bill of Assurance with Covenants and Restrictions 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 "Lochridge Estates an addition to Pulaski County, Arkansas, " and any and every deed of conveyance of any lot in the Lochridge Estates describing the same by the number shown on the 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: 2 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 Article VII, Section 1 hereof. (b) " Association " shall mean and refer to Lochridge Estates Property Owners Association, Inc., its 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 including but not limited to the privacy gate, private streets and roadways, street lights, lakes, nature trails, open areas and the subdivision's private sewer system. The common areas shall be deeded to the Association. (e) " Declarant " or " Developer " shall mean Lochridge Estate, LLC, 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 II. 3 ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION SECTION 1: Existing Property. 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 Prop=. (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 authorized shall be made by filing of record a Supplemental Bill of Assurance with Covenants and Restrictions 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 Developer 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 or 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. L! ARTICLE III THE ASSOCIATION 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 LOCHRIDGE ESTATES PRIVATE SEWER SYSTEM All Lots in Lochridge Estates shall be served by a sanitary pressure sewer system of the quality, kind and capacity as approved by the Arkansas Department of Health and the Arkansas Department of Environmental Quality and the Association. All Lots must utilize the system and no Lots may utilize, to any degree, any alternative system. The Lochridge Estates sewer system will be owned and will be operated, maintained, repaired and replaced, as will be necessary, by the Association. The operation, maintenance and repair of the system, specifically including the treatment plant, shall be performed by a qualified operator licensed by the Arkansas Department of Environmental Quality with whom the Association shall contract for such services and performances. Provided however, the maintenance, repair and replacement of the emaciator pumps and all lines on a Lot shall be at the expense of the individual Lot Owners who shall notify the service provider of the need for the service, repair or replacement as soon as such need is known to the Owner. All service charges by the service provider for a third or subsequent service call to a Lot for service not during regular week day work hours shall be charged to and paid by Lot Owner. Provided further, all costs for service resulting from an Owner's misuse or negligence of any part of the sewer system, on or off Owner's Lot shall be borne and paid by Owner. Any provider of such services and performance shall have the free right of access to the sewer collector lines located within Lochridge Estates and any Lot outside the residence thereon for the purposes of servicing the sewer lines and pumps. ARTICLE V 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 the privacy gate, private roadways, street lights, lake or lakes, open areas, the private sanitary sewer system, 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. Title 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 ten (10) years after their designation as such on the recorded plat filed in the office of the Circuit Clerk of Pulaski County, Arkansas. ARTICLE VI COVENANT FOR MAINTENANCE ASSESMENTS SECTION 1. Creation of Lien and Personal Obligation of Assessments and Special Assessments. Each Owner of any Lot by acceptance of a deed shall be deemed 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 collection and reasonable attorneys' fees, if any, shall also be the personal obligation of 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 to an Owner's successors in title unless expressly assumed by them and shall remain a personal obligation of the record owners of the Lot when the assessments occurred. The lien for assessments or charges and special assessments shall attach to the assessed Lot and run with the land but shall be subject to and subordinate to the lien of any recorded first mortgage or deed of trust. Upon the final approval of the plat, and for the twelve full months following the month of final approval, the assessments levied by the Association shall be $50.00 each month, and, beginning with the thirteenth full month following the month of final approval, the assessments shall be as fixed by the Association in accordance with the Articles of Incorporation and By -Laws of the Association. 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 first 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 assessments 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. Exempt Property. Common Areas as defined in Article I, all Common Areas subsequently added to the Property and all portions of the Property 2 0 owned or otherwise dedicated to any political subdivision shall be exempt from the assessment and liens of the Association. ARTICLE VII 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. As long as Developer shall own one (1) or more of the Lots, the members of the Architectural Control Committee, and all vacancies, shall be appointed by Developer. When Developer no longer owns one (1) Lot 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 improvement shall be constructed or maintained upon any Lot and no alteration 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 and site preparation plans for drainage and other purposes 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 in accordance with Section 9 hereof. The decisions of the Architectural Control Committee shall be final, conclusive, and binding upon the applicant. SECTION 3. Contew of flans 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 corners and at corners of proposed improvements. Lot preparation and 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. 7 (h) Utility connections. (i) Exterior illumination, including location and method. 0) Fire protection system. (k) Signs, including size, shape, color, location and materials. (1) Foundation Plan SECTION 4. Definition of " Improvements ". Improvement shall mean and include all residences, buildings 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 reglazing 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, site preparation, including excavation and preparation for drainage and other purposes, 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 may establish separate architectural guidelines, which shall be approved by the Board (the " Architectural Guidelines "), and all plans and specifications must comply with any Architectural Guidelines then in force and effect. However, the Architectural Control Committee may approve exceptions to any Architectural Guidelines by a unanimous vote. SECTION 6. Majority Vote. A majority vote of the Architectural Control Committee is required for approval or disapproval of proposed improvements. 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. SECTON 8. Limitation 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. Cost of Review: The Architectural Control Committee will charge Owners the Architectural Control Committee's expenses incurred in exercising its functions herein including but not limited to legal, engineering and all other costs for submission and review of the Owner's building plans and specifications. ARTICLE VIII CONSTRUCTION REQUIREMENTS AND RESTRICTIONS SECTION 1. Type and Construction of Residence. The residences in Lochridge Estates shall be of similar size and architectural style so as to create a neighborhood of architectural continuity and constructed by a builder with a current Arkansas contractor's license. All construction shall be approved by the Architectural Control Committee, in its sole and absolute discretion, as further provided for in Section VII of this Declaration. The construction of a residence on any Lot shall be completed sufficiently for homeowner occupation with landscaping within one year of commencement of construction — failure to so complete construction and landscaping will result in a $200.00 a day fine until so completed. Basement need not be finished out. No residence shall be erected, altered, placed or permitted to remain on any lot in Lochridge Estates 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 0 Floor Soffit, Facia, Frieze Board, Dormer Shingles Mailboxes 8' x 12' At Main Ridge Wood, Wood Clad or vinyl. Brick, Stone, Stucco or dryvit on all four sides. 9'minimum Pre -approved wood and vinyl No flat roofs shall be allowed without specific permission from the Architecture Control Committee. Roofs shall be finished with materials harmonious with the surroundings and of a complimentary color. Dimensional or textured shingles are the minimum standard for roof finishes. Constructed of materials and character consistent with the principal residence. E Lawn Zoysia Sod Gas Light According to plans approved by Architectural Control Committee Fence Wrought iron or approved designer wood Landscape According to plans approved by Architectural Control Committee Driveways All driveways must be concrete for the entire width and length. Irrigation According to plans approved by Architectural Control Committee Exterior Materials All homes must be constructed with exterior of brick, stone, stucco, dryvit or a combination thereof on all sides. SECTION 2. Setback Requirements. No residence shall be located on any Lot in front of (beyond) the front line or the side street line as shown on the Plat. No building shall be located beyond an interior Lot side line as shown on the Plat. Unless provided for to the contrary on the Plat, no principal dwelling shall be located on any Lot beyond 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 Lochridge Estates 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 Numbers One Story Minimum Sq. Ft. Multi -Story Min. Sq. Ft. All 1,800 2,300 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. Ground floor shall mean heated and cooled living space on one level and visible from street and does not include basement, whether a walkout basement or without access. SECTION 4. Frontage of Residence on Streets. Any residence erected on any Lot in Lochridge Estates shall have its front facing the street to which the Lot is adjacent; 10 and, on any corner Lot it shall mean that the residence shall front on the adjacent street as determined by the Architectural Control Committee. SECTION 5. Driveways for Cul-de-sac Lots. Any driveway for a Lot that fronts, wholly or partially, on a cul-de-sac drive or for a Lot that has a side Lot line that is wholly or partially adjacent to a cul-de-sac drive, shall enter and exit the Lot from or on the cul-de-sac drive and not on any other street to which the Lot is also adjacent. No other driveways to or for the said Lot or residence thereon shall be allowed unless approved in writing by the Architectural Control Committee. SECTION 6. Garages and Outbuildings Prohibited. A private attached or detached garage for not less than two nor more than four passenger vehicle bays is permitted for each Lot. Carports are not permitted. Garage doors shall remain closed except during entry and exit operation. Site constructed outbuildings may be permitted at the discretion of the Architectural Control Committee. If permitted, such structures must be of a character and material consistent with the principal residence. SECTION 7. Noxious Activity. 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. Cesspool. 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. Temporary. 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. 11 SECTION 12. Easements for Public Utilities and Drainaize. 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 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 beyond (forward of) the front portion of the house, provided, however, that the construction or use of chain link, other wire or similar fences by Owners are in all events strictly prohibited and shall not be used under any circumstances; provided farther, 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 VII hereof. No fences are allowed on Lake Florence Lots. For other Lots, only wrought iron or designer wooden fencing will be allowed. Notwithstanding the above, the Property, the Subdivision, shall be enclosed by the Developer with wrought iron on the front of the Property and chain link fencing on the remaining three sides, all of which shall belong to and be maintained by the Association. SECTION 14. Sight Line Restrictions. No fence or wall, hedge or shrub planting which obstructs sight lines at elevations between two and six 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 feet of the intersection of the street property line with the edge of a driveway or alley pavement. SECTION 15. Property 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. 12 SECTION 16. Driveway Obstuctions. No obstruction shall be placed in the street gutter. There shall be no curb cuts unless authorized by the Architectural Control Committee. SECTION 17. Subdividing 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 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. SECTION 19. Guest Houses, Servants Quarters. Guest Houses and Servants Quarters are not allowed. SECTION 20. Use of the Lakes. No swimming or boating is allowed in any lake in the Property. Fishing in the lakes is permitted only from the areas so designated by the Association. All Owners and occupants are requested to please not litter the Property Common Areas. SECTION 21. Changes. After construction and landscaping are complete, any additions or changes must be first submitted to the Architectural Control Committee. ARTICLE IX 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 Lochridge Estates: (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. (i) Exercise reasonable effort, as determined by Association, to reduce or eliminate erosion and to control drainage. 13 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 Lot 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 VI, and the Association shall have identical powers and rights in all respects, including but not limited to the right of foreclosure. ARTICLE X COMMON SCHEME RESTRICTIONS 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 or 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 Lochridge Estates. Any dogs allowed outside the residence shall be confined to the rear yard area, fenced in with fences subject to the approval of the Architectural Control Committee. Likewise, owners, residents, may walk 14 their dogs on leashes in Lochridge Estates, confining the dogs to the Owner's Lot, the private streets and the Nature Trail. Pet owners are required to also promptly remove and properly dispose of pet waste from the private streets and Nature Trail. 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 Lochridge Estates nor shall any use or practice be allowed which is a source of annoyance to its resident 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. 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, derelict vehicle, inoperable vehicle, commercial vehicle, trailer, bus, 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 the Lot and the improvements located upon the Property and kept in an enclosed garage or storage room) shall be stored or otherwise 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 for less than 72 hours or when kept or stored within an enclosed storage room or garage. This provision is not intended to include pickup trucks and vans up to 6,000 lbs G.V. W. and normally used for personal and family transportation. 12. All buildings built on any Lot shall comply with the setback restrictions imposed upon the Lot on either the 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 inspections 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 15 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, recreational vehicles and self powered construction equipment shall be kept in an enclosed garage and not in the driveway. 15. No building shall be placed nor any material or refuse be placed or stored upon any Lot or other parcel of land within twenty (20) feet of the edge of any lake, watercourse or nature trail. 16. The storage of building materials for a period of time in excess of three months on any Lot shall be prohibited unless the materials shall be incidental to the construction of a new residence as permitted by the Architectural Control Committee. The materials include, but not necessarily limited to, lumber, timber, metal or waste materials. Upon notice by the Association the Lot Owner shall have ten (10) days to remove the material. Pursuant to the notice and failure to comply, the Association shall have the right to remove the materials all at the cost of the Owner. Such cost and expenses shall be paid to the Association upon demand. ARTICLE XI USE, MAINTENANCE AND PROTECTION OF COMMON PROPERTIES SECTION 1. Easements of Enjoyment. Subject to the provisions of Section 3 of this Article XI, every Member of the Association shall have the right and easement of enjoyment in and to the Common Areas. SECTION 2. Operation and Maintenance. The Association shall be responsible for the operation, maintenance, repair and replacement of Common Areas. Likewise, the Association shall be responsible for the maintenance of the Subdivision lots that have not been sold by the Developer to third parties for the prevention of damages resulting from storm and other natural water run off, erosion and related problems to the lots, and from the lots to the adjacent or nearby properties, and shall be responsible for repairing and otherwise correcting the damages and problems so caused by, such storm or other natural water run off and any judgments or fines that may be ordered as a result of such storm or other natural water run offs. 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; 16 (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 XII 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 at any time by the Developer, so long as the Developer owns a Lot in Lochridge Estates, for a period of five (5) years from the date of this Declaration and thereafter may be amended thereafter during the first twenty years (20) 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 sixty-five percent (65%) of the Lots. Any amendment must be properly recorded. 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. 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. 17 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. If the Association spends money for legal expenses to resolve Owner problems or issues Lot Owner shall reimburse the Association. 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 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. Lochr'dge Estates, LLC By: , Manager S cretary ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named and W tal'Zm being the Managing Member and Secretary, respectively, of Lochridge Estates, LLC, to me personally well known, who stated they were duly authorized in their respective capacities to execute the foregoing instrument, and further stated and acknowledged that they had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. TESTIMONY WHEREOF, I have heregpto set my hand and seal this 1 day of , 200,. My ommission Expires. Notary Public AMY L. EDEN NOTARY PUBLIC -STATE OF ARKANSAS SALINE COUNTY My Cammissiw Expires 4-10-2013 Doc# 2007040831 EXHIBIT A LEGAL DESCRIPTION PHASE 1, LOCHRIDGE ESTATES Part of the SW 1/4 and SE 1/4 of Section 14, Township 1 North, Range 14 West, Pulaski County, Arkansas; more particularly described as follows: Beginning at the SE Corner of the SW 1/4 SWIA of said Section 14; Thence North 89 Degrees 16 Minutes 33 Seconds West for 1247.77 feet to a point on the Easterly right-of- way line of Marsh Road for the point of beginning; Thence North 01 Degrees 27 Minutes 17 Seconds for 608.18 feet along the said Easterly right-of-way; Thence continue along right-of-way North 04 Degrees 05 Minutes 26 Seconds East a distance of 65.03 feet; Thence South 88 Degrees 32 Minutes 42 Seconds East a distance of 125.28 feet; Thence South 53 Degrees 36 Minutes 42 Seconds East a distance of 503.06 feet; Thence South 63 Degrees 31 Minutes 22 Seconds East for a distance of 191.67 feet; Thence North 31 Degrees 49 Minutes 52 Seconds East for 150.26 feet; Thence North 53 Degrees 26 Minutes 00 Seconds West for 54.34 feet; Thence North 44 Degrees 27 Minutes 29 Seconds East for 136.65 feet; Thence North 65 Degrees 09 Minutes 12 Seconds East for 311.40 feet; Thence North 59 Degrees 21 Minutes 30 Seconds West for 61.33 feet; Thence North 28 Degrees 59 Minutes 47 Seconds East for 133.55 feet; Thence South 59 Degrees 08 Minutes 30 Seconds East for 90.05 feet; Thence North 85 Degrees 10 Minutes 27 Seconds East for 274.35 feet; Thence North 65 Degrees 01 Minutes 49 Seconds East for 456.88 feet; Thence North 83 Degrees 51 Minutes 40 Seconds East for 51.70 feet; Thence North 69 Degrees 06 Minutes 46 Seconds East for 130.00 feet; Thence North 20 Degrees 53 Minutes 14 Seconds West for 276.60 feet; Thence South 88 Degrees 07 Minutes 14 Seconds East for 421.03 feet; Thence South 01 Degrees 01 Minutes 26 Seconds East for 50.14 feet; Thence South 87 Degrees 44 Minutes 09 Seconds East for 472.20 feet; Thence South 01 Degrees 45 Minutes 46 Seconds West for 1293.85 feet; Thence North 88 Degrees 48 Minutes 44 Seconds West for 471.07 feet; Thence North 87 Degrees 54 Minutes 37 Seconds West for 190.14 feet; Thence North 00 Degrees 24 Minutes 30 Seconds East for 318.27 feet; Thence North 47 Degrees 38 Minutes 52 Seconds West for 227.78 feet; Thence South 49 Degrees 48 Minutes 44 Seconds West for 74.88 feet; Thence South 27 Degrees 57 Minutes 28 Seconds West for 116.57 feet; Thence North 87 Degrees 53 Minutes 38 Seconds West for 207.70 feet; Thence North 50 Degrees 33 Minutes 30 Seconds West for 365.96 feet; Thence South 40 Degrees 56 Minutes 32 Seconds West for 129.89 feet; Thence South 46 Degrees 34 Minutes 48 Seconds West for 50.19 feet; Thence South 41 Degrees 17 Minutes 48 Seconds West for 207.62 feet; Thence South 02 Degrees 06 Minutes 23 Seconds West for 234.04 feet; Thence North 87 Degrees 54 Minutes 37 Seconds West for 89.48 feet to the point of beginning and containing 51.03 acres more or less. James: Donna From: David Jones [David p@Marlar-Eng.com] Sent: Friday, April 13, 2007 2:20 PM To: James, Donna Subject: FW: Lochridge Estates Phase 1 Donna, These are the signoffs for lochridge Estates. They might bring the plat by to you for a signature next week as soon as the county signs off on it. The two following forwards are for the same thing from the electric department and the gas company. Thanks, David -----Original Message ----- From: Dale.Kimbrow CArkW.com f maiito:Dale. Kimbrow CArkW.com Sent: Tuesday, April 10, 2007 3:19 PM To: David Jones Subject: Lochridge Estates Phase 1 Please accept this email as acceptance by CAW of the final plat as submitted for Lochridge Estates Phase 1. Please forward an executed copy as soon as it is completed. Thanks Dale K. James, Donna From: David Jones [David@Marlar-Eng.com] Sent: Friday, April 13, 2007 2:21 PM To: James, Donna Subject: FW: Thanks Donna -----Original Message ----- From: FREEMAN, BARNEY B rmailto,BFREEMACa)enter_gy.com Sent: Wednesday, April 11, 2007 10:42 AM To: David Jones Subject: RE: David, The attached plat of Lochridge Estates Phase 1 has the required easements for Entergy to complete this project. There are no additional easements required. Thanks, Barney Freeman Sr. Engineering Associate Entergy Arkansas Inc. -----Original Message ----- From: David Jones Imai Ito: David Marlar-En .com Sent: Tuesday, April 10, 2007 2:51 PM To: FREEMAN, BARNEY B; dale. kimbrow carkw.com; ion i. b. bates (cr7_ Cent er P o i nt E Clergy, c o m Subject: To all utility companies: Please find attached the final plat for Lochridge Addition, Phase 1. We are tring to file the final plat and the City of Little Rock Planning Department is requireing a email or letter stating that the utility is complete and ready for use. Please respond as soon as possible with approval as contracts for lots are planned for Thursday, April 12. If you have any questions, please call me and I will address them promptly. Thanks, David Jones Marlar Engineering Co., Inc. 5318 John F Kennedy Boulevard North Little Rock, Arkansas 72116 501-753-1987 off 501-753-1993 fax <<LOCHRIDGEFP.pdf>> James, Donna From: David Jones [David@Marlar-Eng.com] Sent: Friday, April 13, 2007 2:21 PM To: James, Donna Subject: FW: -----Original Message ----- From: Hale, Billy B. Fmai Ito: biIl . halleAcentervolntener .cam Sent: Tuesday, April 10, 2007 3:00 PM To: David Jones Subject: RE: David, CenterPoint Energy has installed our mains in this subdivision and ready for use. If you have any other questions, please feel free to call me Thanks Billy Hale Advanced Engineering Coordinator -----Original Message ----- From: David Jones maiIto: David Marlar-En .com Sent: Tuesday, April 10, 2007 2:53 PM To: Hale, Billy B. Subject: FW: -----Original Message ----- From: David Jones Sent: Tuesday, April 10, 2007 2:51 PM To: 'bfreema@entergy.com'; 'dale.kimbrow@carkw.com'; `joni.b.bates@CenterPointEnergy.com' Subject: To all utility companies: Please find attached the final plat for Lochridge Addition, Phase 1. We are tring to file the final plat and the City of Little Rock Planning Department is requireing a email or letter stating that the utility is complete and ready for use. Please respond as soon as possible with approval as contracts for lots are planned for Thursday, April 12. If you have any questions, please call me and I will address them promptly. Thanks, David Jones Marlar Engineering Co., Inc. 5318 John F Kennedy Boulevard North Little Rock, Arkansas 72116 501-753-1987 off 501-753-1993 fax «LOCH RIDGEFP.pdf>>