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HomeMy WebLinkAboutS-1953-B Declaration Of Covenants, Conditions, and RestrictionsCity of Little Rock Planning and Development Filing Fees Date 5/20 20 25 o OF LITTLE ��i. �'JIi.JIld� YOa� DEPARTMENT OF PLANNING & DEVELOPMENT Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ Easement Abandonment $ Final Plat $ 235.00 Planned Zoning Dev $ Preliminary Plat $ Special Use Permit $ Rezoning $ Right -of -Way Abandonment $ Site Plans $ Street Name Change $ Street Name Signs Number at ea $ Public Hearing Signs Number at ea $ Total $ 235 File No Location Romero Addition Fnal Plat Applicant Alvaro Romero By M. Moore 111111111111111111111111111111111111111 2025026677 PRESENTED: 05-21-2025 02:52:38 PM RECORDED: 05-21-2025 02:56:31 PM In Official Records of Terri Hollingsworth Circuit/County Clerk DECLARATION PULASKI CO, AR FEE $50.00 OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF 12420 CHICOT RD MABELVALE PULASKI COUNTY, ARKANSAS, LOTS 1-7 ROMERO'S ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS. A PLANNED DEVELOPMENT PART A. PREAMBLE WHEREAS, ROMERO'S ENTERPRISES LLC., are the owners of the following described land situated in Pulaski County, Arkansas, to wit: PROPERTY DESCRIPTION: Part of the Northeast Quarter of the Northeast Quarter of Section 14, Township 1 South, 'lunge 13 west, now in the City of Little Rock, Pulaski County, Arkansas, more particularly described'-' as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northeast Quarter; thence N 00°00'04" W, a distance of 109.42 feet to the point of beginning; thence N 89°06'35" W, a distance of 320.60 feet, thence N 00°08'28" E, a distance of 396.87 feet; thence N 89°23'54" E, a distance of 321.85 feet the East line of said Northeast Quarter of the Northeast Quarter; thence S 00° 19'34" W and along the east line of said Northeast Quarter of the Northeast Quarter a distance of 395.27 feet to the point of beginning . WHEREAS, Romero's Enterprises LLC, took title to said land in Warrant Deed Filed as Instrument No. of records of Pulaski County, Arkansas. WHEREAS, Romero's Enterprises LLC, has caused said land to be surveyed and a plat thereof made, dividing said land into lots, as shown on said plat and showing the dimensions of each lot on current streets on said plat for the purposes of making said land an Addition to the City of Little Rock Pulaski County, Arkansas. County, Arkansas, known as 12420 Chicot Rd Mabelvale Pulaski County, Arkansas, Lots 1-7 Romero's Addition to the City of Little Rock, Pulaski County, Arkansas. Now, therefore, in consideration of the purposes herein stated, they do hereby designate said land above described as shown by said plat, which is hereto attached and made a part of 12420 Chicot Rd Mabelvale Pulaski County, Arkansas, Lots 1-7 Romero's Addition to the City of Little Rock, Pulaski County, Arkansas. and that hereafter any conveyance by the owners of said land by lots and shall forever be held to be a good and legal description on said plat in said Addition are hereby dedicated as public streets for the use and benefit of the public as such. The use of the land in said Addition is subject to the following Protective and Restrictive Covenants, which shall also be known as the Bill of Assurance: PART B. AREA OF APPLICATION B-1. FULLY PROTECTED RESIDENTIAL AREA. The Bill of Assurance covenants in Parts C, D, E, F and G in their entirety shall apply to the entire Addition Lots 1-7 and any and all phases therein. PART C. PROTECTIVE AND RESTRICTIVE COVENANTS — BILL OF ASSURANCE: C-1 LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No business of any nature or kind shall at any time be conducted in any building located on any of said lots except for Real Estate sales and marketing of lots and homes during the construction phase. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed one stories in height, and no basements shall be permitted. No lot can be subdivided for any purpose without the prior approval from the City of Little Rock Planning Board and the consent of 5 1 % of the voting members of the Property Owner's. C-2 FENCING USE AND TYPE. If any builder or homeowner wishes to erect a fence. Wood privacy fences shall only be allowed on the back of the lots and perimeter sides with a front set back from BLDG line and any lot lines in between which tie to each other. only black ornamental fencing is allowed, and wood privacy fencing 6 Feet tall . No fence will come forward the actual structure or the lot building line, whichever is further back from the street, except that a house erected on a corner lot may have a side fence no closer than 25 feet to the street on the side of a corner lot, such fence to begin at least 15 feet behind the front property line. All other perimeter boundaries may follow the lot line. All fencing so placed shall have the finished side towards the streets where applicable. All fencing must be constructed to allow for proper drainage. All fencing must be properly maintained and sealed/painted. Fencing cannot be left unfmished. C-3 DWELLING QUALITY AND SIZE. The floor area of the main structure shall not be less than 1,400 square feet of heated space or exceed 2100 square feet of heated space. The ground floor area of the main under roof floor plan should not exceed 2500 square feet. structure shall be not less than 1,400 square feet for a dwelling of more than one. No manufactured houses are allowed; the addition of lots 1-7 shall be restricted to site -built homes only. C-4 DWELLING LOCATION. No dwelling shall be located on any lot nearer to any street line than the minimum building set back lines as shown on the recorded plat. For the purposes of this covenant, eaves, steps, and open porches shall not be considered as part of the dwelling. No lot shall be subdivided and no more than one dwelling shall be permitted on any one lot.C-5 LOT AREA AND WIDTH. Dwellings shall be erected or placed on any lot as shown by said plat. No deviation from the plat is allowed. C-6 EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. All utilities located within the Addition of lots 1-7 must be installed below grade. above ground utilities are allowed as per Utilities provider approval. Any utilities installed after the community is occupied must replace and repair all yard, fence, and property of the lot owner. C-7 NUISANCES. No noxious or offensive activities shall be carried out upon any lot, nor shall anything be done or kept thereon which may be or may become an annoyance or nuisance to the neighborhood or may adversely affect the value of other dwellings. C-8 TEMPORARY STRUCTURES. No structures of a temporary character, motor home, trailer, travel trailer, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. C-9 OUT BUILDINGS. One building for storage shall be permitted, provided, however, that it shall not be more than one story in height. Out buildings must not exceed 15 feet by 20 feet. built on a permanent foundation with concrete slab. Exterior finish shall be of type and material to match the dwelling. Storage building, a privacy fence shall be erected to comply with all requirements., such may not be located on easements. C-10 SIGNS. No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than 1.5 square feet, or signs used by a builder/developer to advertise the property during the construction and sales period. C-11 OWNER AND BUILDING/CONTRACTOR RESPONSIBILITY. Any property owner or builder/contractor shall ensure that any contractor performing services for the property owner shall comply with the provisions of this Bill of Assurance, 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. Any construction must be completed in an orderly fashion maintaining a clean site at all times. No renovations shall be continuous. No dumpsters are to be located in the front yard of homes or left in driveways for more than a period of 6 weeks for renovations, except in the case of a catastrophic event such as fire in which case the homeowner shall act to rebuild as per city codes and time. Demolition or "tear -out" may begin immediately subject to any and all requirements or approvals of the City of Little Rock. C-12 LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that commonly accepted household pets including but not limited to dogs, cats, fish, birds and reptiles may be kept on any lot provided that they are not kept, bred, or maintained for any commercial purpose, and provided that facilities for maintenance of the same are installed, and that the keeping of the same does not constitute a nuisance. A privacy fence shall be constructed as shown in C-2, and pen or other suitable enclosure built for pets kept outside. Any exterior pen or enclosure must be in the back yard. No provision of this section shall be construed to deny any property owner the right to a service animal under appropriate laws and regulations. C-13 GARBAGE AND REFUSE DISPOSAL. No lot or easement shall be used or maintained as a dumping ground for rubbish. Trash, garbage, and other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and not be permitted at any time or location which is visible from the front of the lot. No household or similar trash shall be burned; burning of leaves or similar yard waste is discouraged but if done shall comply with all ordinances, permits or other requirements of the City of Little Rock. C-14 OIL AND MINING OPERATIONS. No oil drilling, development operation, 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 structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot. C-15 WATER SUPPLY. No individual water supply system shall be permitted on any lot. The same shall be served by the City of Little Rock. which currently supplies this area. C-16 SEWAGE DISPOSAL. No individual sewage disposal system shall be permitted on any lot. Sewage connections must be made with the City Sewage System of the City of Little Rock, Arkansas. C-17 SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any lot comer within the triangular area formed by the street property lines and the line connecting them at points 25 feet from the intersection of street right-of-way lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of the street property line with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Each lot must install landscaping at time of construction of primary residence. All landscaping must be maintained by the property owner. C-18 LAND NEAR WATER COURSES. No building shall be placed nor shall any material or refuse be placed or stored on any lot within 20 feet of the property line of any part or edge of any water course, except that clean fill may be placed nearer, provided that the natural water course is not altered or blocked by such fill. C-19 BUILDERS. All building must be performed by competent builders. All builders are required to maintain a clean site during construction. Lots are to be properly maintained and mowed while under construction and/or before construction begins. C-20 LOT, YARD, LANDSCAPE, AND HOME MAINTENANCE. All property owners, including builders, shall keep all grounds and yards mowed, trimmed, and clean, and all houses painted or stained as appropriate. Excessive lawn ornamentation, statuary, or other decoration is prohibited. All lawnmowers, trash containers, ladders, children's toys, bicycles, exercise equipment, and similar items must be stored where they are not visible from street, such as behind a privacy fence or inside a garage. All holiday lighting and decorations must be removed from the home no more than 45 days after the holiday. All yards are to be maintained free of excess household clutter. Yard waste, leaves and debris shall be bagged and not blown into rights -of -way or adjoining Lots or disposed of in greenspace areas. C-21 COMMENCEMENT OF CONSTRUCTION. A property owner must start construction of an approved dwelling within a period of one (1) year from the date of purchase, defined as the date on which title is taken to the lot. The Declarant reserves the option to repurchase any lot for the original purchase price if construction is not commenced within such period of time. This option shall be exercised in writing at any time after the 1-year period in the sole discretion of the Declarant. C-22 COMPLETION OF CONSTRUCTION. Any dwelling must be completed in its entirety within a period of one year from date such construction is commenced. C-23 CURB CUTS. If applicable. Curb cuts should not be necessary due to the rolled curb. Any curb cuts must be approved in writing by the undersigned. Violation will result in removal and replacement at the cost to the property owner. No material may be placed in the rain gutter in front of the curb. C-24 MOTOR VEHICLE PARKING. Abandoned or unused motor vehicles shall not be parked or permitted to remain on any lot or within the dedicated street. No cars may be parked in front yards. All vehicles must have a current registration and license. Boats, recreational vehicles, tractors, commercial vehicles, and trailers cannot be parked at the front or side of any dwelling or in the dedicated street, and must be parked in back of the dwelling and/or behind such privacy fence as defined in C-2 above. In any case, none of the above shall be allowed unless the privacy fence mentioned in C-2 above is installed. Owners or permanent residents are prohibited from parking in the street. Guest parking is allowed on the street as signage allows on a short-term basis. C-25 EXTERIOR LIGHTING. Any holiday or special occasion lighting must be removed no more than 45 days past the holiday. Any holiday displays or any other event displays should be removed no more than 45 days past the holiday. C-26 SIDEWALKS. Not applicable. PART D. ARCHITECTURAL CONTROL COMMITTEE: Not Applicable. D-1. ESTABLISHMENT. D-2 CONTENT OF PLANS AND SPECIFICATIONS. The plans and specifications to be submitted and should be up to Code with City of Little Rock Arkansas. shall include at a minimum the following: ❑ Lot preparation and drainage provisions shall be indicated as well as cut and fill details if applicable. ❑ Exterior elevations with material specifications. ❑ Foundation Plan — "Typical' Section D-3 DEFINITION OF IMPROVEMENTS. Improvements 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 replacing or repair of any magnitude which does not materially change exterior colors or exterior appearances. D-4 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 following items are encouraged. ❑ Front and back porches Minimum Floor Elevation ❑ Foundation should be up to code if visible it must be painted or cover with brick or stone. Lawn ❑ Bermuda or Zoysia sod shall be installed at the owner'sibuilder's discretion. Fencing ❑ All wood fencing should be up to code of city of little rock. Landscape ❑ Must be completed at time of primary residence construction within 45 days of completion of residence. ❑ Per plans and requirements. Garages or Carports ❑ Where front -load attached garages are approved. ❑ Freestanding carports are not allowed as mentioned on C-9 Exterior Materials ❑ At a minimum, the front/back and all sides of a house, including all gables, must be constructed with brick, stone, and/or siding in combinations or in combination with Cedar or other wood products, or metal materials to accommodate a finish product. Energy Efficiency ❑ Energy efficiency is greatly encouraged in keeping with proven construction techniques. ❑ Blown/batt insulation at a minimum is required. Roof Pitch and Restrictions ❑ One Level- 6/12 minimum at main ridge. ❑ Porches- 3/12 minimum at main ridge. Windows ❑ Wood, Wood Clad Vinyl, or Vinyl. Ceiling Height First Floor ❑ 8 foot minimum. Soffit, Facia, Frieze Board, Dormer Shingles ❑ No flat roofs shall be allowed. Roofs shall be finished with architectural shingles, including shake shingles, harmonious with the surroundings and of a complimentary color. Gutters ❑ Gutters must be "seamless" and match the color of the house and be shaped to be in contact with the fascia, soffit, and walls at all times. Mailboxes ❑ Regular black mailbox. House Numbers 11 To be visible from street. D-5 MAJORITY VOTE. If applicable. D-6 COST OF REVIEW. If applicable. D-7 ROAD VISIBLE ADDITIONS TO DWELLING. The term "structure" is defined to include any and all types of fences. Antennas, basketballs goals, swimming pools, and television satellite dishes shall in no event be placed in front of dwellings, All items must be maintained and in good repair. With the exception of basketball goals are allowed front of the house using the driveway only. Not the public streets. No building shall be erected, placed or permitted on existing power line easements or existing utility easements. All dwellings shall meet United States Department of Agriculture (USDA) construction requirements for single- family dwellings including but not limited to insulation and windows, in accordance with the location of the property. PART E. NPDES STORM WATER DISCHARGE PERMIT E-1 PERMIT. The purchaser of each lot acknowledges Romero's Enterprises LLC is the developer of the Addition thereof and holds a NPDES Storm Water Discharge City Approval Paperwork for the entire development. PART F. PROPERTY OWNERS' ASSOCIATION F-1 PROPERTY OWNERS ASSOCIATION. If Applicable. F-2 OWNERS EASEMENTS OF ENJOYMENT. Every owner shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pass with the title to every tract. F-3 TITLE TO COMMON AREAS. The developer conveys title to the Common Areas to the POA free and clear of all liens and encumbrances except as otherwise provided herein and except for applicable ad valorem taxes upon recording the plat and this Bill of Assurance in the office of the Circuit Clerk of Pulaski County, Arkansas. F-4 MEMBERSHIP AND VOTING RIGHTS. If applicable. F-5 COVENANT FOR MAINTENANCE SECTION 1: The Adjacent Property owner, Romero's Enterprises LLC will be Responsible for Maintaining the approved Detention Pond Since there will not be any development on the North side of Creek as of now. PART G: GENERAL PROVISIONS: G-1 TERM. 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 25 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years, subject to the express provision that these covenants may be amended at any time after the date of execution by the owner or owners of the majority of the lots herein platted. G-2 ENFORCEMENT. Enforcement shall be by proceedings at law in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. G-3 SEVERABILITY. Invalidation of any one of these covenants by judgments or court order shall in no way affect any of the other provisions which shall remain in full force and effect. G4 AMENDMENTS. These restrictions and covenants may be amended at any time by the owner or owners, including the developers, of a majority of the lots. The majority of lots is calculated as being over 50% of the total number of lots. Such amendments shall be subject to the following: (1) Paragraph C-3 may not be amended without the written approval of the undersigned. (2) In compliance with Title 15, LOT ADDITION REGULATIONS, of the City of Little Rock, Arkansas, the following is included here under Article F-1: That any amendment to the Bill of Assurance reducing the size of buildings to be placed on lots must be approved by City of Little Rock Planning Commission. G5 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. WITNESS our hands on this 0-5- day of 76 2-011 " Rvmrrro'sses Li� STATE OF ARKANSAS ) COUNTY 9F SALINE) On this day of , 20, before me, the undersigned Notary Public in and for the county and state aforesaid, personally appeared the individual that executed the within and foregoing instrument and acknowledged the said instrument to be his/her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Give de my hand and seal the day and year last above written. �Y My Commission Expire �QU✓ I HURLEY P RICHARDSON Notary Public - Arkansas Puiasid County Commission # 00003806 My Commission Expires Nov 22, 2034