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HomeMy WebLinkAboutS-1853-B ApplicationIl�ll�fllfl� lllll��lll 11 IIIN III AI 2021077476 PRESENTED: 11-01-202112:25:05PM RECORDED: 11-01-202112:35:51 PM :ar n Offs {al Records of Terri Hollingsworth Circuit/County Clerk In" ,J CORRECTA� KI CO. AR FEE $30.00 BILL OF ASSURANCE And 2.U2I L _71 ` D tLARATION OF RESTRICTIVE COVENANTS WHEREAS, the undersigned, Arium Development, LLC (the "grantor") being the sole owner of the following described property of in the City of Little Rock, Pulaski County, Arkansas the East 100 feet of Lots 7, 8, 9, Block ]A Capitol Hill Extension of the City of Little Rock, Pulaski County, Arkansas, desires to replat said lots; Desiring to protect the buyers and owners of said lands against the undesirable uses of residential property that can detract from or deter the enhancement of the neighborhood, have caused a Plat of said lands, dividing the same into tracts, to be filed for record in as Instrument No. of the Plat Records of Pulaski County, Arkansas, grantor does hereby cause the following restrictions to be recorded to make said lands more attractive to home buyers and sound for investors. Grantor does hereby certify that he has replatted said -real estate in accordance with said plat. The land embraced in said Plat shall forever be known as Cottages on Park II Addition and each and every deed of conveyance for any lot in said subdivision describing the same by the lot number and legal description shown on said Plat shall forever be deemed a sufficient description thereof. The Grantor hereby dedicates to the public forever a right of way on and over the streets as shown by said Plat to be used as public streets. There are strips of ground shown and dimensioned on said Plat marked "No Access Easement and Driveway Access Easement. Owners of lots in this subdivision shall take their titles subject to such easements.- Said land herein platted, and any interest therein shall be held, owned and conveyed subject to anin conformity with the following covenants, to -wit: 1. AREA OF APPLICATION: These covenants shall apply to those lands designated as: Cottages on Park II, Lots 9A-9E, and all easements indicated on the replat filed herein. 2. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than a single-family residence not to exceed three stories in height, a private garage, and other out- buildings incidental and related to residential use of the premises. 3. ARCHITECTURAL CONTROL: No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the grantor as to quality of workmanship, size of dwelling, materials, harmony of external design with existing structures, and as to location within respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum setback line unless similarly approved. There will be no chain link fences erected. The grantor shall approve all fences and outbuildings constructed. Page 1 of 4 4. NUISANCES: No noxious or offensive activity shall be carried upon any lot nor shall anything be done therein which may be or may become an annoyance or nuisance to the neighborhood. 5. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, storage unit or other outbuilding shall be used upon any lot at any time as a residence, either temporarily or permanently, or for any other purpose. 6. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than five feet squared, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sales period. 7. OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarry, or mining operations of any kind shall be permitted on the property or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation, 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. 8. LIVESTOCK AND POULTRY: No animals, livestock, or poultry of any kind shall be raised, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. 9. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All equipment used for the storage or disposal of such material shall be kept in a clean and sanitary condition. All trash, garbage and recycling containers shall at all times be kept toward the rear of the lot or shall be screened from view of the street by appropriate landscaping, enclosure or fencing approved by grantor; provided however, that such trash or recycling containers may be moved on collection days to the street so long as they are returned promptly after the trash or recycling has been collected. Grantor is not liable for any damage to any driveway, structure, landscaping outbuilding or property caused by or associated with garbage/trash/recycling pickup. 10. UTILITIES: The buyer/owner of any lot shall install and maintain, in conformity with applicable code requirements, all utility services, including, if available, underground electrical, water, cable and telephone service between the point of delivery of such utility service as located by the utility company and the point of use of such buyer. No individual water supply system or individual sewerage disposal system shall be permitted to be constructed or operated in any of the lots platted hereby. No television dish, antennae or similar equipment shall be installed on any of the lots platted hereby without the prior written consent of the owner and developer. All lots shall have a utility easement for repair/maintenance of any utility within the Planned Residential Development. 11. DRIVEWAYS: All access to residences shall be through driveways or other paved areas intended for vehicular use which shall be surfaced with such materials as are approved by the grantor. All owners are liable for maintaining their driveway located on their lot. All owners shall share equally all costs and expenses associated with repair and maintenance of the common Page 2 of 4 access driveway at the rear of the property. Necessity for repairs or maintenance shall be made by a majority vote (3 of 5) of the property owners. All personal property of an owner shall be stored within the improvements on a lot and not on the driveway area. 12. PARKING AND STORAGE OF MOTOR HOMES OR OTHER VEHICLES: No motor home, camper trailer, motorcycle, travel trailer, bus, utility trailer or trailer of any kind, boat or boat trailer or other watercraft, ATV, motorized go-carts, lawn mowers, tractors, tools, construction machinery or equipment, nonfunctioning vehicle or other personal property shall be permitted to be parked or stored on any lot. 13. CONSTRUCTION: All buildings constructed on said lots shall be constructed no nearer to the street than the building line shown on the plat, and all buildings shall be constructed in conformance with the Building Code and Zoning Ordinance of the City of Little Rock, Arkansas. 13. TERMS: The filing of this Bill of Assurance and plat for record in the Office of the Circuit Clerk and exofficio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements shown on the said plat. These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty five (25) years from the date these covenants are recorded, after which time, said covenants shall be automatically extended for successive periods of ten years. This Bill of Assurance may be amended or terminated at any time from the date hereof by the unanimous written agreement of 80% of the lots subject to this Agreement. Grantor reserves the right to modify or amend this Bill of Assurance or amend the replat so long as she has ownership of at least two lots. The parties are mindful of the decision in Rausch Coleman Homes, LLC v. Beech, Ark. App. 225 (the "Decision") and do not wish for the Decision to limit the ability of the parties to amend this Bill Assurance at any time and from time -to -time. 14. ENFORCEMENT: The restrictions, covenants and provisions herein set forth shall run with the lots platted hereby and shall bind grantor, her heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of the lots platted hereby. The grantor, developer and any future owner of any of the lots platted hereby shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of, the restrictions set forth herein, in addition to any ordinary legal action for damages. Failure of the grantor, owner, developer, or future owner of any of the lots platted herein to enforce any of the restrictions set forth herein at the time of its violation shall not be deemed a waiver of the right to do so thereafter. Enforcement may be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. Owners expressly agree to abide by injunctions without necessity of bond in order to simplify judicial proceedings to remedy covenant violations. In addition, if a judicial action is necessary to prohibit a covenant violation, and a violation is established the violator(s) shall pay and agree(s) to pay all cost of the enforcement proceeding, including all attorneys' fees, trial and pretrial expenses, including expert costs and fees, deposition costs and fees, discovery costs and fees, and all other court costs. Page 3 of 4 15. YARDS AND LANDSCAPING: Landscaping shall be installed within 90 days of completion of the residence. The entire yard shall be sodded grass or landscaped. 16. SIDEWALKS: If required by the City, the buyer/owner of any lot shall install sidewalks on the purchased lot in accordance with the specifications as set forth by the City of Little Rock. If the City requires the developer or grantor to install sidewalks the buyer/owner shall reimburse the developer or grantor for all costs associated therewith including, but not limited to cost of construction, attorneys' fees and costs. 17. SEVERABILITY: Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. WITNESS our hands and seals this 22nd day of October 2021. Owner: Aruim 0 STATE OF ARKANSAS COUNTY OF PULASKI LLC ACKNOWLEDGEMENT On this 22nd day of October, 2021, before me a Notary Public, duly Commissioned, qualified and acting, within and for the County and State appeared in person the within named and to me personally well known, who stated that she is fully authorized in his respective capacity to execute the foregoing instrument further stated and acknowledge 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 official seal this 22nd day of October 2021. Notary Public My commission expires Page 4 of 4 s0, PUBLIC #1Z715143 ; for inclusion of minimum standards red by the City of Little Rock subdivision regulations. Bill of Assumnee provisions established by tho developer may exceed minimu.. q,u;ations of tho I> Me Rocit subdlivissii fon and zoning ordinances.