STATEMENT OF RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
COVE LANDING, PHASE V
KNOW ALL MEN BY THESE PRESENTS: WHEREAS COVE LANDING, L.L.C.,
owner of
the following described property in Pope County, Arkansas, to-wit:
A part of the SE1/4 of the SW1/4 of Section 31, T-8-N, R-19-W, Pope
County,
Arkansas, more particularly described as follows:
Commencing at the SE Corner of said SE1/4 of the SW1/4, thence S
88?1651 W,
along the South line thereof, 370.02 ft to the Point of Beginning;
thence continue
S 88?1651 W, along said South line, 640.00 ft. to the SE Corner of
Cove Landing,
Phase III; thence N 01?4312 W, along the East line of said Phase
III, 489.35 ft. to
the SE Corner of Cove Landing, Phase IV; thence N 04?2540 W, along
the East
line of said Phase IV, 270.60 ft.; thence N 89?2147 E, 147.81 ft.;
thence N
01?4312 W, 31.56 ft.; thence N 89?2147 E, 192.30 ft.; thence N
0?3813 W,
210.00 ft.; thence N 89?2147 E, 322.29ft.; thence S 0?3813 E,
525.00 ft.; thence
N 89?2147 E, 130.00 ft.; thence S 03?5500 E, 32.37 ft.; thence S
07?3630 E,
47.85 ft.; thence S 03?1140 E, 26.31 ft.; thence S 02?3021 E,
50.00 ft.; thence S
01?4312 E, 105.00 ft.; thence S 88?1651 W, 141.00 ft.; thence S
01?4312 E,
200.05 ft. to the Point of Beginning. Containing 13.91 acres, more
or less.
The same being the real property now duly platted as COVE LANDING,
PHASE V,
subdivision to Pope County, Arkansas, as such plat is recorded in
Cabinet C Slide
799 - A, of the records of the office of the Circuit Clerk and Ex
Officio Recorder
for Pope County, Arkansas, does hereby make the following
declarations as to
limitations, restrictions, easements and uses to which the lots and
tracts
constituting such subdivision may be put, and hereby specifies that
such
declarations shall constitute covenants to run with all the land as
provided by
law, to be binding on all owners of record and all persons claiming
under them,
and for the benefit of said owners and future owners in such
subdivision, this
Declaration of Restrictive Covenants, being designed for the purpose
of insuring
the use of the property for attractive residential purposes only, to
prevent
nuisances, to prevent impairment of the attractiveness of the
property, to
maintain the desired appearance, tone and ambiance of the community
and
thereby to secure each owner the full benefit and enjoyment of his
property,
with no greater restriction on the free and undisturbed use of his
lot than is
necessary to insure the same advantages to other lot owners:
NOW THEREFORE, the Grantor makes this Statement of
Restrictive Covenants
and Bill of Assurance.
1) LAND USE. All lots shall be restricted to single family
residences with a minimum
of 1,800 square feet consisting of heated and cooled living space in
the main
residential building (exclusive of porches, carports, and such
outbuildings as
might reasonably be required in the use of the lot and the house as
a residence
subject to the restrictions set forth in Paragraph 5 below). Grantor
retains the
right and authority to authorize the construction of a single family
residence with
a minimum of 1,600 to 1,800 square feet of heated and cooled living
space if in
the discretion and opinion of Grantor the particular lot is better
suited to a
smaller residence and said residence meets the other requirements of
Paragraph 15 herein. Each improved lot must include among its
improvements
an enclosed garage able to accommodate at least two cars. Any
detached
garage must be architecturally consistent with the residence and
must match in
quality, workmanship, design and execution the materials and
characteristics of
the principal residence. All residences must have hard surfaced
driveways
sufficient in width to adequately accommodate automobile traffic.
Those less
that seventy-five (75) feet in length must be concrete, those
seventy-five (75)
feet or more in length may either be concrete or macadam black top
hard
surfaced. Any residence receiving mail at the lot location must
house the
mailbox in a receptacle approved by the United States Postal Service
encased
in a free-standing brick and mortar housing matching or
complementing the
principal residence and subject to approval under Paragraph 15
below.
Receptacles for receiving newspaper deliveries must be built into
the above
described receptacles in the same manner as the mailbox. No
appendages
shall be allowed to hang from the brick and mortar housing described
above
except street numbers may be added to the brick portion of mailbox
and
temporary, seasonal decorations.
2) SUBDIVISON OF LOTS. No lot may be subdivided or used for
access to lands
not in the subdivision.
3) UTILITIES AND EASEMENTS FOR UTILITIES. All utilities shall
be underground and
each lot shall be the subservient estate to such easements as are
reflected on
the plat referred to above. Gas service is not available in Phase V.
4) TEMPORARY STRUCTURES. No temporary structure, including
mobile homes,
may be placed on the property except for that required for the
construction of
permanent improvements on the property and then not to exceed six
(6)
months in the aggregate.
5) OUTBUILDINGS. In addition to the principal residence and
detached garage,
if applicable, the property may have up to two (2) additional
outbuildings, the
design and construction of which shall be subject to the same
requirements and
conditions as that set forth for garages in Paragraph 1.
6) LOCATION OF IMPROVEMENTS AND BUILDING SETBACKS. No
building shall be
constructed on any lot nearer to the street than 30 feet, nearer to
any side lot
line than 10 feet and nearer to any rear lot line than 15 feet.
7) RUN OFF AND WATERSHED PROTECTION EASEMENT. Recognizing the
subdivisions location within the Galla Creek Watershed and the
commensurate
desire to inhibit unwanted chemicals and particulates from entering
the said
watershed, the Grantor, by these presents, places an easement for a
buffer
zone. The precise location of such easement on each lot is set forth
on final plat
referred to above and within the boundaries of which easements the
following
covenants and restrictions shall prevail which shall run with the
land:
A) The easements created by this paragraph are permanent.
B) No permanent improvement of any kind except fencing may be placed
within the confines of the easement.
C) No toxic chemicals, deleterious substances or substances or
activities
which might present a danger to the public health shall be conducted
or
stored on said easements.
D) Information may be obtained through the Grantor providing citizen
guidelines for watershed protection in a form to be provided by the
Arkansas Department of Health.
E) Grantor and any successor in interest will be responsible for
erecting and
maintaining erosion control mechanism on each lot and public way in
the
form of silt screens, straw bales or their substantial equivalent,
the effect of
which is to retard the erosion of soil and the discharge of
particulates into
the watershed.
8) ANTENNAE AND SATELLITE DISHES. No radio or television
antenna or tower shall
be placed on the property in excess of 30 feet above ground level
where
located and no satellite dish shall be placed or maintained on the
property that
may be seen from any public road.
9) ANIMALS. No animals, livestock, poultry of any kind
(except ducks and geese)
shall be kept on any lot except for household pets and then not as a
part of a
routine commercial venture. Any single owner having fee simple title
to three (3)
or more contiguous acres may maintain up to two (2) large
domesticated
animals including, but not limited to, horses, but specifically
excluding swine.
Such owner shall assume exclusive responsibility to keep all animals
retained by
appropriate fencing, which shall be of such design and materials as
is approved
by the committee set forth in Paragraph 15 below: animals outside
fenced areas
must be kept under personal control of the owners, including by way
of
example, but not by way of limitation, dogs must be kept on leashes
and under
an owners control.
10) NUISANCES. No noxious or offensive trade or activity
shall be carried on upon
any lot, nor shall any trash, ashes or other refuse be thrown,
placed or dumped
upon any vacant lot, nor shall anything ever be done which may be or
become
an annoyance or nuisance to the neighborhood. Trash, garbage or
other waste
shall not be kept except temporarily in a sanitary container. Lots
shall be kept
mown and underbrush and other unsightly growth shall not be
permitted to
remain on the property. Any lot which remains at an un-mown
condition after a
reasonable opportunity after notice to the owner to remedy same, may
be
mown by the Grantor or its successors in interest for which a
reasonable charge
may be assessed and said charge, while unpaid, shall constitute a
lien against
the lot so mown until the same is paid in full. Grantor or its
successors in interest
shall have the right to enforce this provision, including proceeding
in the Circuit
Court of Pope County, Arkansas, to declare, establish and foreclose
a lien on
the land, and shall be entitled to recover the cost incurred for
such cleanup,
interest on the same and all costs incurred in enforcing this lien,
including
reasonable attorneys fees.
11) SIGNS. The construction and maintenance of billboards or
advertising
boards or structures on any lot is specifically prohibited, except
that billboards
advertising the sale or rental of such property are permitted
provided they do
not exceed 30 square feet in size.
12) TEMPORARY STRUCTURES AND SUBSTANDARD HOUSING.
No trailer, basement,
tent, shack, garage, barn or other outbuilding erected on a lot
covered by this
Declaration of Restrictive covenants shall at any time be used for
human
habitation, temporarily or permanently, nor shall any structure of a
temporary
character be used for human habitation.
13) PARKING RESTRICTIONS. No automobile, truck, trailer,
mobile home, tent or
temporary structure of any nature whatsoever, shall ever be parked,
located or
otherwise maintained on any lot, provided that it is not the
intention of this
paragraph to exclude the temporary parking of passenger automobiles
on any
portion of the garage driveway. Recreational vehicles may be parked
regularly
on a lot, but only in a manner such that they cannot be seen from
the road
servicing the house and lot in question. This exception shall not be
construed to
authorize a temporary structure in contravention of Paragraph
12above.
14) PRESERVATION OF SIGHT LINES. No fence, wall, hedge or
shrub planting
which obstructs the sight lines at elevations between one (1) and
six (6) feet
above the roadways shall be placed or permitted to remain on any
corner lot
within the triangular area formed by the street property line and a
line
connecting them at points twenty-five (25) feet from the
intersection of the
street line, or in the case of a rounded property corner from the
intersection of a
street property line with the edge of a driveway or alley pavement.
No tree shall
be permitted to remain within such distance of intersection unless
the foliage is
maintained at sufficient height to prevent obstruction of such sight
lines.
15) ARCHITECTURAL AND IMPROVEMENT PLANS CONTROL.
No building, fence,
wall or other structure shall be constructed, erected, or
maintained, nor shall any
addition thereto or change or alteration therein be made until plans
and
specifications, color scheme, plat plan, and grading plan therefor,
and other
information satisfactory to Grantor, or its duly authorized
representative, shall
have been submitted in writing to and approved in writing by the
said Grantor,
or its duly authorized representative. In passing upon such plans,
specifications,
and other requirements, the said Grantor, or its duly authorized
representative,
may take into consideration the suitability of the proposed
building, fence, wall
or other structure, and the materials of which it is proposed to
erect the said
building, fence wall or other structure, the harmony thereof with
the
surroundings, and the effect of the building, fence, wall or other
structure as
planned on the outlook from adjacent or neighboring property. The
Grantors
approval or disapproval as required by this Declaration of
Restrictive Covenants
shall be in writing. In the event the Grantor, or its designated
representative, fails
to approve or disapprove within ten (10) days after plans have been
submitted,
or in any event, if no suit to enjoin the construction has been
commenced prior
to the completion thereof, approval will not be required and the
related
covenants shall be deemed to have been complied with fully. Nothing
contained in this Declaration of Restrictive Covenants nor any
consent by
Grantor shall in any way be deemed to prevent any owners of property
in this
subdivision from enforcing any legal rights which such owners may
have as to
any improvement in this subdivision. The authority reserved to the
various lot
owners in this paragraph shall extend to granting and allowing
reasonable
variances from the mandates of other requirements in these
restrictions so long
as the exercise of Grantors discretion does not unreasonably
diminish the
overall value of the subdivision as a residential setting.
16) AMENDMENTS. Any and all of the covenants, provisions or
restrictions set forth
in the Declaration of Restrictive Covenants may be amended,
modified,
extended, changed or cancelled, in whole or in part, by a written
instrument
signed and acknowledged as follows:
A) As long as Grantor is the developer of the lots subject to this
phase, then an
amendment or modification is effective when signed by it;
B) When the ownership of lots by Grantor drops below five percent
(5%),
amendments shall be effective when signed by the owner or owners of
more
the fifty-one percent (51%) in area of the land in this phase. The
provisions of
such instrument so executed shall be binding from and after the date
it is duly
filed for record in Pope County, Arkansas. Each covenant in this
instrument,
unless expressly provided otherwise, shall remain in full force and
effect.
17) A COMMON AREA. Grantor recognizes that this Phase V of
Cove Landing
benefits from the common areas established and identified in the
Restrictive
Covenants, as amended, of Phase I Cove Landing Subdivision. In light
of that,
any and all owners of each lot in this Phase V of Cove Landing
Subdivision are
bound to contribute to the cost of maintaining the common area in
the same
manner as are lots in Phase I of Cove Landing Subdivision, with the
exception of
the Grantor.
18) HOMEOWNERS ASSOCIATION. A homeowners association has been
formed
in Phase I, pursuant to the authority therefore in the restrictive
covenants of
Cove Landing Subdivision Phase I, this phase and all lot owners
therein shall be
subject to that association, its rules and regulations and entitled
to all the rights
and privileges created by it, with the exception of the Developer.
19) PARTIAL INVALIDATION. Invalidation of any restriction set
forth herein or any
part thereof by an order, judgment, or decree of any court, or
otherwise, shall
not invalidate or affect any of the other restrictions or any part
thereof as set
forth herein but shall remain in full force and effect.
20) RIGHT TO ENFORCE. The covenants, agreements and
restrictions herein set
forth shall run with the title to the lots in this subdivision and
bind the present
owners, their heirs, successors and assigns; future owners and their
heirs,
successors and assigns; and all parties claiming by, through or
under them shall
be taken hold, agree and covenant with the owners of other lots in
the
subdivision, their heirs, successors and assigns, as to the
covenants and
agreements herein set forth and contained. None shall be personally
binding on
any person, persons, or corporation except with respect to breaches
committed
during its, his, her or their holding of title to lots in the
subdivision. Any owner or
owners of lots in this subdivision shall have the right to sue for
and obtain an
injunction, prohibitive or mandatory, to prevent the breach of or to
enforce the
observance of any of the covenants, agreements or restrictions
contained
herein together with any other rights to which they might otherwise
be entitled
under the laws of the State of Arkansas. The invalidation of any one
of these
covenants, restrictions or agreements herein contained by the order
of a court
of competent jurisdiction shall in no way affect any of the other
provisions
hereof which will remain in full force and effect.