PROPOSED
Covenants and Restrictions
Seven Point Lake Subdivision
The Seven Point Lake Subdivision LLC, the sole owner of the hereinafter described lands, and wishing to protect the buyers and owners of said lands against the undesirable uses of residential property that detract and cheapen a neighborhood, has caused the following covenants and restrictions to be filed for record for the purpose of creating a neighborhood which will be attractive to home buyers, sound for investors and a credit to the community.
All lands hereinafter described shall be held, owned and conveyed for residential purposes and subject to being amended or canceled as hereinafter provided, shall remain in full force and effect from the date the same are filed for record in the office of the Circuit Clerk and Ex-Officio Recorder of Faulkner County, Arkansas.
1. AREA OF APPLICATION. These covenants shall apply to all _____lots numbered ___ thru ___ in the Seven Point Lake Subdivision Block _______.
No other property depicted on the plat is included in these covenants.
2. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling, servants quarters, a private garage for not more than four cars, and other out buildings incidental and related to the residential use of the premises. Provided, however, nothing herein contained shall be construed so as to prevent or prohibit the owner of two or more contiguous lots from utilizing the same as a unit for a building site.
3. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any lot until following are submitted and approved by the Architectural Control Committee:
a. Full set of construction plans, including floor plans, and elevations showing exterior materials and color.
b. Site plan showing location of house on lot.
c. Landscaping plans including driveway design.
d. Builder’s name and license number.
All fences and out buildings will be approved by the Architectural Control Committee. A written receipt from any member of the Architectural Control Committee shall be sufficient evidence of the delivery of the plan to the committee. The committee shall have 15 days to respond with a list of deficiencies before construction may begin. If a deficiency is noted and the owner is given written notice as evidenced by a written receipt, he shall not proceed until the noted deficiencies are corrected. In the event the committee or its designated representative, fails to approve or disapprove within 15 days after plans and specifications have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with. In the event the committee, or its designated representative, disapproves within 15 days after plans and specifications have been submitted to it, then the committee shall have an additional 15 days to approve or disapprove after plans and specifications are resubmitted to it. Variances in the construction and location of any improvement may be permitted in the sole discretion of the committee. The committee's approval or disapproval as required in these covenants shall be in writing. The members of the committee have the right to pursue any remedy, which they may have either at law or in equity whether or not they are owners of property in the subdivision.
4. ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control Committee is composed of Daniel Davis and Phillip Davis whose address is __________________________________ A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power, through a duly recorded written instrument, to change the membership of the committee or to withdraw from the committee or restore it any powers and duties.
5. DWELLING SIZE AND QUALITY. The ground floor area of the main structure exclusive of one- story open porches and garages, shall be not less than ____
square feet for a one-story dwelling, nor less than ______ square feet for a dwelling of more than one story above ground; provided, however, that a dwelling of more than one story shall contain the minimum aggregate of _______ square feet as described above. All dwellings shall be primarily brick, rock, or stucco exterior walls, and all roofs shall have a minimum roof pitch of 8/12 unless otherwise approved by the architectural control committee. All out buildings shall match the main dwelling in materials, color and style and roof pitch. All driveways will be concrete. The front and side yard of any house will be sod, or landscaped to the property line. No shrubbery or overhanging limbs will be allowed within 20 feet of
a street. No plants or shrubs will be allowed to interfere with the safe site distance for vehicles and pedestrians using the street.
6. BUILDING LOCATION. No building shall be located on any lot nearer than 40 feet to the back of the curb on the front or side of any lot. No building, with the exception of approved security fence, shall be located nearer than 20 feet from the rear property line, nor shall any building be located on any lot any nearer than 20 feet to the side lot line, except approved security fences.
7. LOT AREA. As shown on the plat. A subdivision of any lot is considered a replat and must be submitted to the Vilonia Planning Commission for review.
8. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or may obstruct or retard the flow of water through drainage channels in the easement.
9. FENCES. The Architectural Control Committee must approve all fences. Wrought iron security fences will be acceptable. No wooden, opaque privacy fences, or chain link fences will be allowed. No fence will be allowed between the road and the front of the house.
10. PARKING. All resident vehicles will be parked in the driveway of the
dwelling, not in the street. No tractor trailers rigs, travel trailers, or
trailers will be allowed to be parked in the driveway of a dwelling overnight.
11. NUISANCES. No noxious or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon which may become an annoyance
or nuisance to the neighborhood.
12. TEMPORARY STRUCTURES. No structures
of a temporary character, basement, tent, shack, garage, barn or other out
building shall be used on any lot at any time as a residence either temporarily
or permanently.
13. SIGNS. No sign of any kind shall be exposed to the public
view on any lot except one professional sign of not more than one square
foot, and one sign of not more than five square feet advertising the property
for sale or rent, or signs used by the builder to advertise the property
during the construction and sales period.
14. LIVESTOCK AND POULTRY. No animals,
livestock or poultry of any kind shall be raised, kept or bred on any lot
except that dogs, cats or other household pets may be kept, provided that
they are not kept, bred or maintained for any commercial purpose, and further
provided that they are properly vaccinated, licensed, maintained and restricted
so as to prevent their becoming a nuisance by either being kept inside the
house, inside a fence, or on a leash. Loud barking, aggressive, howling,
or vicious dogs are not allowed.
15. GARBAGE AND REFUSE DISPOSAL. No lot
shall be used or maintained as a dumping ground for rubbish. Trash, garbage
and other waste shall not be kept except in sanitary containers and all incinerators
or other equipment for storage and disposal of such waste shall be kept in
a clean and sanitary condition.
16. SEWAGE DISPOSAL. Every lot must have
an approved sewage disposal system installed by a designated representative
of the Seven Point Lake Subdivision as approved by the Arkansas Health Dept.
before any house may be used as a residence.
17. GENERAL. Houses and front,
back and side yards are to be kept and maintained clean and well ordered,
inoperable cars, motor homes, tractor trailer rigs, boats, trailers, lawn
mowers, and any other items incidental and related to the residential use
of the property must be kept in an enclosed garage. No lot shall become a
junkyard or a used car lot. All vacant lots shall be maintained in a well-ordered
condition including mowing. Vacant lots shall not be used as a storage facility
for building materials, inoperable cars, or any other items.
18. SEVEN POINT
LAKE PROPERTY OWNERS ASSOCIATION The owners and developers of the Seven Point
Lake hereby establish the Seven Point Lake Property Owners Association for
the purpose of maintaining and improving the common areas and interests of
the residents. The rules governing the association and initial dues shall
be established by the property owners association by-laws. Seven Point Lake
Property Owners Association Dues will be mandatory for all owners of lots
in Seven Point Lake. The Property Owners Association has the right, power
and authority to allow the owners of lots of any existing or future development
to become members of this property owners association.
19. ENFORCEMENT OF
CONVENANTS – REAL PROPERTY LIEN.
a. The President of the property owners association shall have the right to
place a lien upon the lands of any owner for any of the following reasons:
i. Failure to pay dues to the property owners association.
ii. Costs incurred by the property owners association, including but not limited
to attorneys fees and court costs, in the enforcement of any violation of
any of the provisions of the covenants and restrictions.
b. The real property
lien shall be filed in the deed record Faulkner County, Arkansas and may
be filed without notice to the property owner, however, this lien shall be
subordinate to any existing mortgage lien upon the lands.
20. 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 30 years from the date these
covenants are recorded, after which time said covenants shall be automatically
extended for ten (10) years. These covenants can only be changed by a replat
of the subdivision with approval of the Vilonia Planning Commission and the
majority of the then property owners.
21. SEVERABILITY. Invalidation of
any of these covenants by judgment or court order shall in no way affect
any of the other provisions, which shall remain in full force and effect.
WITNESS MY HAND AND SEAL this day of , 2006.
Seven Point Lake. LLC
_________________________
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF
BE IT REMEMBERED, That on this day before me personally appeared _________________________________________to
me personally well known, who acknowledged that they are all of the members
of the Seven Point Lake LLC and that as such, being authorized so to do,
had executed the foregoing instrument for the purposes therein mentioned
and set forth.
WITNESS my hand and seal as such Notary Public this day of
, 2004.
Notary
Public My commission
expires:
Daniel Davis at 501-472-1197
Phillip Davis at 501-247-1137
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