HomeMy WebLinkAboutS-1937 Application;Instrument# 2022062252 Page 1 of 20
This instrument prepared by:
Empire Development Group, LLC
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II III IIIIIIIII��I�I llllllll IIIII IIIII III 2022062252
PRESENTED: 09-08-2022 02:03:41 PM RECORDED: 09-08-2022 02:16:30 PM
In Official Records of Terri Hollingsworth Cirmit/County Clerk
PULASKI CO, AR FEE $110.00
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OF COVENANTS AND RESTRICTIONS
�HEDECLARATION
AND
A,* a
BILL OF ASSURANCE
OF
MERGERON COURT
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This Declaration of Covenants and Restrictions and Bill of Assurance (hereinafter
"Declaration"), is made this S day of September, 2022 by Empire Development
Group, LLC ("Developer" or the "Declarant").
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Developer is the owner of the real property described on Exhibit A attached
hereto and made a part hereof, as shown on Plat(s) (as defined below) as
(collectively, along with any other property made subject to this Declaration by a supplement
thereto, 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 Mergeron Addition (hereafter
"Mergeron Court").
WHEREAS, Developer desires to provide for the preservation of the values and
amenities in Mergeron 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 the Mergeron Court Property
Owners Association, Inc. (the "Association") for the purpose of administering the maintenance of
the common areas in the Mergeron, and
WHEREAS, all owners of lots within the Mergeron Court will be members of the
Association as required herein.
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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 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 Mergeron 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 Hope Engineering and Consulting, Inc., Registered Land Surveyor
dated , 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")
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 TIME, OF LOTS WITHIN THE MERGERON COURT 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 PORTION OF THESE AREAS WITH IN 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 ARE OTHER THAT IMPROVEMENTS
SPECIFICALLY DESCRIBED HEREIN, IMPROVEMENTS, UNLESS FIRST
APPROVED BY THE APPROPRIATE AGENCIES OF THE CITY OF LITTLE ROCK,
THE ASSOCIATION, ITS 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 1-13, Mergeron Court, an
addition to the City of Little Rock, Pulaski County, Arkansas," and any and every deed of
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conveyance of any lot in the Mergeron 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:
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 Mergeron Court 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 common use
and enjoyment of all Owners. The common area shall be deeded to the Association.
(e) "Declarant" shall mean Empire Development, Inc., its successors and assigns.
(f) "Declaration" shall mean the covenants and restriction 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 my virtue of holding fee a 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 person 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) "Property" shall mean and refer to that property described on Exhibit A which is subject to
- this Declaration under the provisions of Article II.
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ARTICLE II
PROPERTY SUBJECT TO TFHS 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 platted and unplat�-ed 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. 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
Declaration of Covenants and Restrictions and Bill of Assurance (each a "Supplemental
Declaration") 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 the
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 Develo er. 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.
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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
PROPERTY RIGHTS IN THE COMMON PROPERTIES
SECTION 1. Common Amenities. The areas designated on the Plat as "Landscaped
Conservation Area," "Detention Area' and all improvement thereon, including by 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 En'o meat. 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 five (5) years
after their designation as such on a recorded plat filed in the office of the Circuit Clerk of Pulaski
County, Arkansas.
SECTION 4. Streets. The streets of the Property serving the Lots are Commons Areas
and shall be maintained by the Association at the expense of the Association. To the extent
permitted by the City of Little Rock, the Association may make rules and regulations concerning
driving and parking within the Property, post speed limit or other traffic, signs, install traffic -
calming devices and take any other reasonable measures to discourage excessive speed and
encourage safe driving within Mergeron Court.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
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
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agree, to pay to the Association assessments or charges and special assessments, monthly or
annually as the Association 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 attorney's fees,
f' if any, shall also be the personal obligation of the Owner of the Lot at the time when the assessment
j 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 be subject to and
subordinate to the lien of any recorded first mortgage or deed of trust.
Assessments shall be 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 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 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 owner 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. As long as the Developer shall own one (1) or more of the Lots, the members
of the Architectural Control Committee, and all vacancies, shall be appointed Developer. When
the 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.
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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 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 the 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 shall have the
power to employ professional consultants to assist it in discharging its duties. The decisions of
the Architectural Control Committee shall be conclusive, and binding upon the applicant.
In any case, the members of the Architectural Control Committee shall in no event be held
personally liable or responsible to any Owner for their actions, or lack thereof.
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 corners and at corners of proposed improvements. Lot
drainage provisions shall be indicated as well as cut and fill details if any applicable
change in the lot contours are contemplated.
(b) Exterior elevations.
(c) Exterior materials, colors, textures and shapes.
(d) Structural design.
(e) Landscaping plan, including, 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 landscape lighting.
0) Fire protection system.
(k) Signs, including size, shape, color, location and materials.
SECTION 4. Definition of"Imarovetnents". Improvement(s) 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 reglazing of exterior windows with mirrored or reflective glass,
and any other 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
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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 Guidelines") 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. The current Architectural Guidelines shall be available at the Office of the
Association or the office of the Developer.
SECTION 6. Ma'
or Vot_q. 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 forty (45)
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. Limitation of Liabilitv. Neither the Developer, the Association, the
Architectural Control Committee nor any of its members shall be liable, 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 Mergeron Court shall be of similar
size and architectural style so as to create a neighborhood of architectural continuity. All
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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. The term "residence" is
defined to include any and all types of fences, antennas, swimming pools and television satellite
dishes, which to no event shall be placed in front of dwellings or be visible from the street. All
satellites and antennas must be approved by the Architectural Control Committee. Declarant may
prepare a regulating plan or other instrument (a "Regulating Plan") that sets standards for various
other aspects of some or all of the Lots, including without limitation detailed requirements
concerning the size and shape of the building and its placement on the lot, its roof, windows, doors,
porches, garages, garden walls, party walls, and other components of the building, fences,
drainage, paving, landscaping, antennas, signage, and all finish materials and colors. Some or all
of the Property may become subject to a Regulating Plan pursuant to a Bill of Assurance or other
instrument filed by Declarant in the real estate records. The Regulating Plan may be modified by
the Declarant or by the Board of the Association. The Regulating Plan may impose obligations
more restrictive than those set forth in this Declaration.
SECTION 2. Setback Requirements. No residence shall be located on any Lot nearer to
the front line twenty (20) feet. No building shall be located nearer to an interior Lot side line less
than five (5) feet. Unless provided for to the contrary on the Plat, no principal dwelling shall be
located on any Lot nearer than ten (10) 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 single, building site, the site
building lines shall refer only to those bordering and adjoining property owners.
SECTION 3. Minimum Square Feet Area. No residence shall be constructed or permitted
to remain on any Lot in Mergeron 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 Number One StoLy Minianuill Sq._fl. Multi-5toxy Min Sq. Ft.
All Lots 1,800 2,100
The maximum heated and cooled square foot allowed in Mergeron Court is 2,800 square feet. , it
being the intention and purpose of the covenants to assure that all dwellings shall be of quality of
workmanship and materials substantially the same or better than that which can be produced on
the date these covenants are recorded, at the minimum cost stated herein for the minimum
permitted dwelling size.
Finished heated living area shall be measured in a horizontal plane to the face of the outside wall
on each level.
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SECTION 4. Frontage of Residence on 'Streets. Any residence erected on any Lot in the
Mergeron 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. Carports are not allowed: Garages may not be
enclosed at a later date without the approval of the Architectural Control Committee.
SECTION 5. Commercial Structures. No Lot shall be used except for residential
purposes. No building or structure of any type may ever be placed, erected or used for business,
professional, trade or commercial purposes of any nature or kind at any time on any portion of any
Lot, except for real estate sales and marketing of lots and homes during the construction phase.
This prohibition shall not apply to (i) 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 furnishing
of public utility services to Mergeron Court, and (ii) to the extent permitted by law and subject to
reasonable regulation by the Association, any home -based business that does not generate
significant traffic, noise or odor or change the exterior appearance of a building shall be permitted
on any Lot. Signage for home -based business, if any, shall be regulated by the Association and
applicable law.
SECTION 6. Outbuildings Prohibited. No outbuilding or other detached structure
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_ 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 S. 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, miner 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.
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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. TtmporM Structure. No trailer, basement, tent, shack, garage, a bam or
other outbuilding, other than a guest house and servant's 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 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 individual water supply systems shall be permitted on any lot. 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 with 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. All other perimeter
boundaries may follow the lot line. All fencing shall have the finished side toward the streets
where applicable; provided, however, that chain link or similar fences are in all events strictly
prohibited and shall not be used under any circumstances. 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. 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 the matching 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 the matching 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.
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SECTION 15. PropLrty 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 in 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.
SECTION 16. DrivewU Obstructions. No obstruction shall be placed in the street gutter.
Curbs shall be cut at driveways with a diamond blade, and driveway grades lowered to meet the
gutter line not more than two inches above the gutter grade.
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 will not engage the
use of the surface of any oil drilling, oil development operating, oil refining, quarrying or mining
operations.
SECTION 19. Owner and Builder/Contractor Responsibili . Any Owner or builder or
contractor shall ensure that any contractor or subcontractor performing services for an Owner shall
comply with the provisions of this Declaration, and shall be responsible for the actions of
contractors to the contrary. No person shall damage in any way the utilities or streets in any
manner, and any damage so inflicted shall become the responsibility of the person who creates the
damage. All construction must be performed by competent builders. The Architectural Control
Committee reserves the right to submit for approval the name of any contractor selected by a
property owner to an architect of the choosing of the Architectural Control Committee.
SECTION 20. Right of First Refusal. If Owner has not constructed a primary building
on the Lot in accordance with approved plans and specifications prior to offering the Lot for sale,
Owner shall notify Declarant in writing of Owner's intent to market the Lot, and shall also notify
Declarant in writing of any offer Owner has received and intends to accept for purchase of the Lot.
In the event of such a proposed sale, Declarant shall have a right of first refusal to repurchase the
Lot on the same terms and conditions as Owner intends to sell. Declarant shall have ten (10)
business days from receipt of Owner's written notice to notify Owner whether Declarant will
exercise its right. If Declarant does not exercise its right, then Owner may sell the Lot to another
purchaser, but only for the same price and terms offered to Declarant. If Owner does not
consummate that sale, Declarant's right of first refusal applies to all subsequent offers. Declarant's
right of first refusal shall automatically terminate when Declarant no longer has any Lots for sale
in the Property.
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SECTION 21. Construction Time Limit.
(a) Requirement. Owner shall begin construction of the primary building on the Lot
no later than the Required Commencement Date and diligently pursue construction until
completion, including landscaping. This agreement is part of the consideration Owner has paid
for the Lot. Owner must submit plans and begin the architectural review process in sufficient
time to begin construction on time. The obligation to commence construction shall exist without
regard to whether the Owner of the unimproved Lot obtained title directly from the Declarant or
from a subsequent owner. Declarant, in its sole discretion, and for any reason or no reason, may
waive the rights reserved by it in this section or grant an extension of the deadline for obtaining a
building permit and commencing construction.
(b) Required Commencement Date. Unless otherwise specified on the deed or other
recorded instrument executed by Declarant, the "Required Commencement Date" shall mean six
(6) months from the date of the deed conveying the Lot from the Declarant to the Owner or the
Owner's predecessor in title.
(c) Start of Construction. Construction shall be considered to have begun when the
clearing of the building site is begun or laying the foundation is begun, whichever is first.
(d) Continuous Construction. Failure to make significant progress during any thirty -
day period or to complete the primary building within eighteen (18) months from the start of
construction shall be considered a failure to diligently pursue construction under (a), except in
the case of extreme material shortages, extreme weather conditions or other significant matters
beyond the builder's control.
(e) Holder of Rights. The right to enforce this Section 21 is held originally by the
Architectural Control Committee and the Declarant, who may assign these rights at any time to
the Association. The time limit for construction does not apply to any Lots held by the
Declarant.
(f) Completion,_ Release of Restriction. Upon completion of a primary building in
accordance with this section and completion of all required landscaping and other improvements,
an Owner may apply to the Architectural Control Committee for a "Certificate of Completion
and Release " in recordable form. Construction of an outbuilding without construction of a
primary building fails to satisfy this requirement.
Rnfnrcement_
(g) Events of Default. If Owner fails to comply with the requirements of Section
21(a), then Declarant shall have the right, but not the obligation, to repurchase the Lot for the
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Repurchase Price defined in the following subsection. These rights shall be in addition to the
Declarant's rights of enforcement otherwise provided in this Declaration.
(h) Repurchase Price. The Repurchase Price shall be equal to the amount paid by the
Owner of the Lot (or Owner's predecessor(s) in title) to Declarant for the original purchase of the
Lot or the current fair market value of the unimproved Lot, whichever is less, plus the cost or fair
market value, whichever is less, of any improvements made in accordance with plans approved
by the Architectural Control Committee. Amounts payable secured by any mortgage or lien on
the Lot, all closing costs for the repurchase, and a resale fee of 20%, shall be deducted from the
amount paid to Owner by Declarant.
(i) Time of Exercise. Unless Owner has obtained a Certificate of Completion and
Release as provided in Section 21(f), Declarant may exercise its rights against Owner at any time
up to five (5) years after the Required Commencement Date. Declarant may preserve its
enforcement rights by recording, within five (5) years after the Required Commencement Date, a
lien or other notice of its intent to exercise its rights.
0) Resale Restriction. If Owner has not constructed a primary building on the Lot in
accordance with approved plans and specifications prior to reselling the Lot, the Lot shall remain
subject to the requirements and remedies set out in this Section 21. The requirement to begin
and timely complete construction shall continue to run commencing on the date of recording the
original deed, unless the Declarant in its sole discretion agrees to an extension.
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
deep that part of the Property so owned or occupied, including buildings, improvements and
grounds is 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 Mergeron 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.
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(h) Repair of exterior damages to improvements.
SECTION 2. Enforcement. If, in the option 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 -days from receipt to perform the 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 world 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
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:
(a) No lot or easement shall be used or maintained as dumping ground for rubbish. No
garbage, refuse, rubbish, three 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.
(b) 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.
(c) 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. All Owners, including builders, shall
keep all grounds and yards mowed, trimmed and clean, and all houses painted or stained. All
lawnmowers, trash containers, ladders, children's toys, bicycles, exercise equipment, and similar
items must be stored where they are not visible from the street, such as behind a privacy fence or
inside a garage.
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Instrument# 2022062252 Page 16 of 20
(d) 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.
(e) No animals or poultry shall be let on any Lot or Common Area except for a
maximum of three (3) ordinary household pets belonging to the household. No pit bulldog mixed
breed, or any other mix or breed of dog known to display or displaying vicious tendencies, or a
dog that barks excessively when outside the residence so as to unreasonably disturb residence of
Mergeron Court, shall be permitted to remain in Mergeron Court. Any dogs allowed outside the
residence shall be confined to the side and rear area enclosed with fences approved by the
Architectural Control Committee. Because of the close proximity of the residences, pets shall be
confined. Likewise, owners, residents, may walk their dogs in Mergeron Court, confining the dogs
to the owner's Lot, the public street and the area designated on the Plat as the "Detention Area."
Pet owners shall 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."
(f) Except for professional signs used by a contractor, builder or Developer to advertise
the property during the construction and sales period, 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. For Sale" and "For Rent" signs within
residential areas may be significantly restricted.
(g) No nuisances shall be allowed in Mergeron Court 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.
(h) 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.
(i) No portion of a Lot (other than the entire site) may be rented or leased.
0) No use 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.
(k) 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
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Instrument# 2022062252 Page 17 of 20
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. Abandoned or unused motor vehicles shall not be parked or
permitted to remain on any lot or within the dedicated street.
(1) All buildings 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.
(m) An owner hereby grants a right of access to this 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 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.
(n) 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. Easements of En'o . Subject to the provisions of Section 3 of this Article
IX, 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 and maintenance of Common Areas.
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;
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Instrument# 2022062252 Page 18 of 20
(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 any Member of the Association
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 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 extend 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 have been recorded prior to the commencement of any ten-
year period.
SECTION 2. Amendments. These covenants and restrictions may be amended at any
time 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 at any time thereafter by
an instrument signed by the Owners of not less than seventy percent (70%) 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 and
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.
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Instrument# 2022062252 Page 19 of 20
SECTION 5. Severability. Invalidation of any one of these covenants or restrictions by
judgements 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 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 -fourth of the eligible votes of each class of Members as
defined in the By -Laws of the Association other than incident to a merger or consolidation, the
assets of the Association trust, or other organization to be devoted to same or similar purposes.
SECTION 8. Conflicts. If there is a conflict within different paragraphs of this document,
within a single paragraph, or between this document and the plat, then the more restrictive
language or interpretation will apply.
19
8776170.2
(Instrument# 2022062252 Page 20 of 20
I
R
EXECUTED as of
State of Arkansas )
)ss
County of Pulaski )
2022.
Empire Development Group, LLC
an Arkansas limited liability company
Ri
Title:
lejl_
On 20,22 before me, a y qualified and acting Notary Public,
personally, ap eared I69,who ackno ledged him/herself to be the
�.11of Empir evelopment Group LLC, an Arkansas limited liability
company, and that (s)he, being authorized so to do, executed the foregoing instrument for the
purposes and consideration therein contained, by signing the name of the T by
him/herself as such officer.
In witness whereof, I hereunto set my hanri anr� nffinial cPal
Commission expires:
Ds f-% A
Oro
. a • is�,•. '1., ;E it Ar W, U,
ANDREA ORTIZ
PULASKICOUNn
NOTARYPUBUC-ARKANSAS
My Commission Expires March 2B, 2028
Commission No.12703841
20
6776170.2
GovPay Receipt
https:Hargovpay.com/govpay/app?page=printReceipt&—t--694014a...
Thank you. Your payment is complete.
Your account will be charged by Arkansas GovPay - Arkansas Government Services.
Service Item Amount Qty. Instructions
1. Recording Fees $132.00 1 140293
Payment Summary
Amount Paid:
$132.00
Arkansas.gov Total:
$136.80
Complete
09/08/2022 02:06 PM
202209081406546252
Payment Status:
Order Date/Time:
Confirmation Number (Order Id):
Name on card:
ICON HOMES LLC
Email Address:
realestate@pulaskiclerk.com
5014131691
Phone Number:
Billing Address:
[—,007 Nix Rd LITTLE ROCK, AR 72211, UNITED STATES
1 of 1 9/8/2022, 2:09 PM
Terri Hollingsworth Pulaski County Transaction #:403349 Print Date:
Circuit County Clerk and Registrar Receipt #: 735396 9/8/2022 2:16:34 PM
401 West Markham, Suite 102 Cashier Date: 9/8/2022 02:16:30 PM
Little Rock, AR 72201 (FSTRONG)
501-340-8433
Customer Information
Transaction Information
IPayment Summary
RODNEY CHANDLER
Date Received: 9/8/2022
Total Fees: $136.80
Source Code: MAIL
Total Payments: $136.80
P.O. BOX 23713
Return Code: MAIL
Total Docs Received: 2
LITTLE ROCK. AR 72221
1 Payments
Credit Card $136.80
5 Recorded Items
(BAS) BILL OF ASSURANCE
Instrument #:2022062252
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20
$110.00
Additional Pages a $5.00
(PLAT) PLATS
Instrument #:2022062253
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1
$15.00
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(CCPY) CERTIFIED COPY
Instrument #:M000034200
Date: 9/8/2022 02:16:32 PM
From: To:
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1
$5.00
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(POST) ADDITIONAL LABEL FEE
Instrument #:M000034201
Date: 9/8/2022 02:16:33 PM
From: To:
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4
$2.00
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(CCFEE) CONVENIENCE FEE -CC
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From: To:
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1
$4.80
.Additional Pages $1.25
Page 1 of 1
City of Little Rock
Planning and Development 'r
Ring Fees
Date: 'y` 20 2-- O C T 0.5 PAID
CITY OF LITTLE ROCK
Annexation $ gli!2M c DE
Board of Adjustment $
Cond Use Permitrf UP It
Final Plat
$ ub
Planned Unit Dev
$
Preliminary Plat
$
Special Use Permit
$
Rezoning
$
Site Plans
$
Street Name Change
$
Street Name Signs
Number at ea
$
Public Hearing Signs
Number at ea
$
Total
$ 2-
File No
Location N e rra- 6-w
Applicant
By