HomeMy WebLinkAboutBill of Assurance 062425Instrument# 2019015424 Page 1 of 12
This Instrument Prepared By.
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PRESEMER W 14m19120&%Iid RECORDED: 09-14201912:22:23 PPE
In official Reo s of Terri Hollingsworth CirwiVCounty Clerk
PULASKI CO, AR FEE $70.00
Recording Informa don:
BILL OF ASSURANCE
COVENANTS AND RESTRICTIONS
COPPER RUN, PHASE I
AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS
KNOW ALL BY THESE PRESENTS:
WHEREAS, the undersigned, LAYMAN LANE LLC, an Arkansas
Limited Liability Company, by Graham Smith, its authorized member, duly
authorized by appropriate resolution of the members of LAYMAN LANE LLC, an
Arkansas Limited Liability Company, Hereinafter referred to as "Developers" being
the owner of certain real property situated in Pulaski County, Arkansas, more
particularly described as set forth on the attached Exhibit A, hereinafter referred to
as 'Property", and desiring to protect the buyers and owners of the Property against
undesirable uses of said residential property that would detract from a neighborhood,
have caused the following covenants and restrictions hereinafter referred to
collectively as the 'Bill of Assurance" to be filed for record for the purpose of
creating requirements and procedures for a neighborhood which will be attractive to
home buyers, sound for investors, and a credit to the community; and
WHEREAS, Developer intends to subdivide and plat the Property into lots
and easements for ingress and egress and drainage and utilities; and
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Instrument# 2019015424 Page 2 of 12
WHEREAS, developer has caused to be made a plat hereinafter referred to as
"the 'Plat", filed herewith in the Plat Record Book at Page ,
prepared by Thomas Engineering Company, a Registered Professional Engineer,
dated I , showing a survey made by
, a Registered Land Surveyor, bearing a certificate of approval
executed by the City of Little Rock Planning Commission and showing thereon the
metes, bounds and dimensions of the Property which Developer now is desirous of
subdividing and platting into lots and mutual easements for the owners thereof; and
WHEREAS, Developer desires to provide for the use of property for the
highest of residential uses and to restrict its uses as such;
NOW THEREFORE, Developer hereby adopts the following covenants stated
herein and agrees that the stated covenants shall apply to all of the property now
platted as described below as covenants running with the land:
1. SCOPE OF APPLICATION.
These covenants shall apply in their entirety to the area now known and
described as:
Lots 1-14 of Block 1, and
Lots 84-97 of Block 2, and
Lots 3-12 of Block 2.
Copper Run, Phase I, an Addition to the City of Little Rock, Arkansas, as shown on
the recorded plat thereof. Developer shall retain the right to add or delete property
to or from this Bill of Assurance, subject to the approval of the Little Rock Planning
Commission and any other required laws, regulations or approvals.
2. LAND USE AND BUILDING TYPES.
No lot in the addition shall be used for any other purpose than single-family
residential as that term is defined in the City of Little Rock Zoning Ordinance and
Regulations. No building shall be erected, altered, placed or permitted to remain on
any lot other than one single-family dwelling and each such dwelling shall have a
private garage for the storage of not less than two automobiles, unless otherwise
Instrument# 2019015424 Page 3 of 12
approved by the Architectural Control Committee hereinafter designated and
hereinafter referred to as "the Committee.". No business or commercial use shall be
carried on or permitted in any structure or in any portion of this addition in keeping
with the general plan to develop this property for the highest class of residential
occupancy. Garages shall have a minimum of 400 square feet with minimum outside
dimensions of 20 x 20 feet.
3. DWELLING SIZE AND QUALITY.
Size, design, location and site development of dwellings and permitted
accessory buildings in this subdivision shall be subject to the prior approval of the
Committee. The Committee shall approve no plans which provide for construction
of a residence a on lot in this addition having less than One Thousand Two Hundred,
(1200), square feet of heated and livable floor space, measured by outside wall
dimensions for any single level residence; and One Thousand Seven Hundred,
(1700), square feet of heated and livable floor space, measured by outside wall
dimensions for any multi -level residence and having less than Four Thousand
Hundred, (4000), square feet of heated and livable floor space, measured by outside
wall dimensions for any multi -level residence.
All dwellings placed upon the premises shall be of new construction and shall
be of the highest -class workmanship and best quality materials. Approval of plans
for construction of principal residences and permitted accessory buildings shall not
be unreasonably withheld by the Committee based upon the style of design of the
exterior of such proposed principal residences as long as the same are designed, in
whatever style, in accordance with the highest standards of architectural design.
4. ARCHITECTURAL CONTROL.
No residence, permitted accessory building, fence, wall or other structure shall
be constructed, created or maintained upon any lot in the addition, nor shall any
modification, alteration or change be made in the exterior of any existing residence
or permitted accessory building until the construction, grading and drainage and
landscape plans and specifications showing the nature, size, shape, dimensions,
materials and location of the same shall have been submitted to and approved, in
writing, in advance of commencement of any construction or by the Committee, or
the Committee has waived its right in the manner hereinafter provided.
5. THE ARCHITECTURAL CONTROL COMMITTEE.
The Architectural Control Committee shall initially be R. Graham Smith,
Scott Hurley, and Randy James
The Committee's approval or disapproval as required in this Bill of Assurance
shall be in writing in such form as designated by the Committee from time to time.
Any property owner in the addition seeking to obtain the required approval or
any plans for construction, modification, alteration or improvements on property
shall submit the same in two (2) copies to the Chair of the Architectural Control
Committee. A written receipt from the Chair of the Committee shall be prima facie
evidence of the delivery of such plans and the date thereof. If, within thirty (30)
days from the date of delivery of such plans to a member of it, the Committee has
not set forth in writing to the owner any deficiencies in the proposal for such
construction or alteration or improvements, then the owner may proceed with such
construction or alterations as though affirmative approval had been received from
the Committee.
Notice shall be given to the owner, at the address for the owner indicated in
the submission or as otherwise indicated by the owner, in writing to the Committee,
by certified mail with return receipt requested. If deficiencies are noted and called
to the owner's attention in the proposed plans within the thirty (30) day period
following delivery thereof to the Committee by the owner, the owner shall under no
circumstances proceed with any such construction or alteration until such
deficiencies have been corrected to the satisfaction of the Committee. The
Committee shall have full power to enforce the provisions and restrictions herein by
an action for an injunction as fully as though they were the owners of property in the
subdivision and whether or not they are actually owners of property in the
subdivision.
6. GENERAL CONDITIONS AND REQUIREMENTS
a. No noxious or offensive activity and no commercial activity of any
Instrument# 2019015424 Page 5 of 12
type, kind or nature shall be carried on upon any lot in this addition. Further nothing
shall be done thereon which may be or become an annoyance or nuisance to the
neighborhood. No trampolines or basketball goals shall be placed or erected on any
driveway or street.
b. No manufactured housing, trailer, mobile home, tent, shack, or barn
shall be erected on any lot in this subdivision, temporary or permanently, except for
temporary use by construction contractors only. Same must be removed within ten,
(10), days of completion of construction. Tents used for recreational purposes of a
short duration shall not be considered as excluded by this provision.
C. No signs, billboards, posters or advertising devices shall be permitted
upon any of the lots in this addition except that the owner of each lot may place
house numbers and the owner's name upon his or her dwelling; however, each letter
thereof shall be no more than 6 inches in height and 6 inches in width; and owners
may place a sign not more than 4 square feet in size advertising the property for sale
should it be offered for sale by the owners.
d. No animals, livestock or poultry of any kind shall be raised, bred 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 commercial purposes.
e. No trash, ashes or other refuse may be thrown or dumped on any of the
lots in the addition. Trash cans and recycle bins shall not be visible from street except
for trash pickup day or a period of twenty- four (24) hours before or after said day.
f. No building materials of any kind or character shall be placed or stored
upon any lot in the addition until the owner is ready to commence construction of
the improvements requiring such materials and then only with the approval of the
Committee. Building materials shall not be placed or stored in the street or between
the curb and property lines.
g. No privy, cesspool, septic tank field or disposal plant shall be installed
or maintained on any lot in the addition, and all residences and permitted accessory
buildings shall have the plumbing connected to the city sanitary sewer system.
h. All garages shall be finished inside and shall be fully enclosed with
garage doors. Community mailboxes shall be utilized. All satellite type dishes or
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0. All chimneys on exterior walls shall be covered in masonry material
such as brick or stone.
p. Roof pitch shall be a minimum of eight (8) feet vertically and twelve,
(12), feet horizontally, commonly referred to as 8/12.
q. RPZ valves and utility boxes if located in a front yard shall be incased
within a flower bed and screened with bushes or flowers.
r. Gutters shall be utilized on all sides of the homes and piped to street
and rear of property.
s. Each builder shall be required to plant one tree in the front yard of
each lot they purchase. The tree must be eight feet (8') tall and approved by the
Architectural Control Committee.
t. All roof penetrations shall be painted or colored to match roof
shingles. Examples would include but not be limited to ventilation pipes and any
other piping protruding from the roof line
BUILDING LOCATION.
No building shall be located on any lot nearer to the front, rear or side lot lines
than the minimum building setback lines shown on the recorded plat.
Porches, steps, chimneys, window boxes and other portions of a permitted
structure shall not project beyond the minimum setback line, but, except as herein
limited, eaves and cornices may overhang the building setback lines. No building
or permitted accessory building will be permitted or constructed nearer than five (5)
feet to the rear property line of any lot. Swimming pools shall not be considered to
be a "building" or "permitted accessory building" within the meaning of this section
and may be constructed nearer to the rear lot line than the restriction on buildings.
S. DIVISION OF LOTS.
A "lot' as that word is utilized herein shall consist of a single numbered lot as
shown on the Plat of the addition. No lot shown on the plat may be subdivided into
more than one lot.
9. FENCING, ORNAMENTAL STRUCTURES AND WALLS.
No fences shall be erected on any portion of a lot between the line drawn
across the front foundation or building line of the principal dwelling and intersecting
the side lot lines and the front lot line. No fences composed principally of wire or
metal shall be constructed on any portion of any lot. It is the intention of this
covenant to require permitted fencing to be of a decorative nature and not solely
utilitarian. Dog pens properly screened by walls, fences, or plantings may be
constructed and maintained in the rear yard portion of any lot. Retaining walls,
ornamental fences of less than 3 feet in height, and composed of brick, wood or
natural stone construction may be permitted on a lot in the front portion as herein
described and the front lot line. However, no other structure exceeding 3 feet in
height shall be placed or permitted on the portion of any lot lying nearest to the
abutting street and in front of a line extended across the front foundation line of the
principal dwelling.
All retaining or similar walls must be approved in advance of construction by
the Committee. Stone, brick to match residence, or straight split faced block to
resemble cut stone of a brown or darker color may be acceptable. No angular,
segmental walls or gray concrete color shall be permitted.
In regard to Lots 1 and 7 of Block 1 only, the fences must stop at the building
line.
10. DEFINITION OF "PRINCIPAL DWELLING."
The term "principal dwelling,' "residence" or "principal residence" as used
herein shall refer to a residence meeting the requirements hereof and approved by
the Committee for construction in the addition.
11. FACILITIES MULTIPURPOSE IMPROVEMENT DISTRICT
All owners shall become members of the CITY OF LITTLE ROCK
MUNICIPAL PROPERTY OWNERS' MULTIPURPOSE IMPROVEMENT
DISTRICT NO.2018-326 (COPPER RUN PROJECT) as set forth in the records
of the office of Pulaski County Circuit and County Court and shall be bound by the
Declaration, Bylaws and Covenants currently established with said District and
those amended and executed hereafter. Membership shall be appurtenant to and may
not be separated from ownership of any tract which is subject to assessment. All lots
are a part of said District and are SUBJECT TO . A SPECIAL TAX
ASSESSMENT TO REPAY ANY DEBT OF CITY OF LITTLE ROCK
MUNICIPAL PROPERTY OWNERS' MULTIPURPOSE IMPROVEMENT
DISTRICT NO.2018-326 (COPPER RUN PROJECT).
12. RECREATION MULTIPURPOSE IMPROVEMENT DISTRICT
All owners shall become members of the CITY OF, LITTLE ROCK
MUNICIPAL PROPERTY OWNERS' MULTIPURPOSE IMPROVEMENT
DISTRICT NO.2018- 327 (COPPER RUN RECREATION DISTRICT) as set
forth in the records of the office of Pulaski County Circuit and County Court and
shall be bound by the Declaration, Bylaws and Covenants currently established with
said District and those amended and executed hereafter. Membership shall be
appurtenant to and may not be separated from ownership of any tract which is subject
to assessment. All lots are a part of said District and are SUBJECT TO A SPECIAL
TAX ASSESSMENT TO REPAY ANY DEBT OF THE CITY OF LITTLE
ROCK MUNICIPAL PROPERTY OWNERS' MULTIPURPOSE
IMPROVEMENT DISTRICT NO. 2018-327 (COPPER RUN RECREATION
DISTRICT).
No recorded easement shall be used by any company or person, other than the
owner of the affected lot or lots, for any purpose other than those designated on the
plat of the addition.
13. PERSONS BOUND BY THESE COVENANTS.
All persons or corporations who now own or shall hereafter acquire any of the
lots in this addition shall be deemed to have agreed and covenanted with the owners
of all other lots in this addition and with its or their heirs, successors and assigns to
conform to and observe the restrictions, covenants and stipulations contained herein
for a period of twenty-five (25) years from the date these are recorded, and these
covenants shall thereafter automatically extend in effect for successive periods of
ten (10) years unless prior to the end of the original term or any successive term of
the application hereof a majority of the then owners of lots in the addition agree to
IN WITNESS WHEREOF, Layman Lane LLC, has hereunto set its hand
y
and seal this 13 day of I , OA GI,� , 2019.
LAYMAN LANE LLC, an Arkansas lim' d iability company
By:
Robert Graham Smith, Managin Me , ber
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF R&S k-L
On this day personally appeared before the undersigned, a Notary Public within and for the
County and State aforesaid, duly qualified, commissioned and acting, the within named Robert
Graham Smith, Managing Member, to me well known, who stated that he was the Managing
Member of Layman Lane LLC, an Arkansas limited liability company, and was duly authorized
in his capacity to execute the foregoing instrument for and in the name and behalf of said limited
liability company, 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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 13 day
of M0.rL4t , 2019.
C
Notary Public
My Commission Expires:
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