|
DECLARATION OF PROTECTIVE COVENANTS
AFFECTING DEER CREEK SUBDIVISION TO
THE CITY OF MAGNOLIA, COLUMBIA COUNTY, ARKANSAS.
Deer Creek Properties, LLC, an Arkansas
limited liability corporation, by its general partners, Joe Pieratt and
Angela Pieratt, his wife, being the owners and developers of Deer Creek
Subdivision to the City of Magnolia, Columbia County, Arkansas, according to
Columbia County, Arkansas Plat Book B, at page 148, and
As owners of said property in Deer Creek
Subdivision has deemed necessary to protect the present and future values of
the property of Deer Creek Subdivision and the owners of same, present
and future, in their use and possession of said property in Deer Creek
Subdivision;
Now therefore, for and in consideration of
the premises recited, the undersigned, as owners of Deer Creek Subdivision
to the city of Magnolia, Columbia County, Arkansas do hereby agree and
covenant for themselves, their heirs and assigns in ownership and/or
occupancy that all of the property in Deer Creek Subdivision is hereby
restricted as to the use and occupancy of same in the following described
manner, to-wit:
1. RESIDENTIAL USE
Only one single family dwelling shall be erected upon each lot. No
structures or improvements, including exterior alterations thereto, shall be
made unless approved in advance by the Architectural Control Committee as
provided hereafter.
2. WOODED LOTS
In order to protect the subdivision’s aesthetic character, wooded lots may
not be clear cut. Removal of established hardwood or pine trees (8” or
greater) must be approved by the Architectural Control Committee.
3. DWELLING SIZE
No residence shall be
constructed or permitted to remain on any lot unless the finished heated
living area, exclusive of porches, patios, garages, breezeways, exterior
stairways, porte cocheres, storage areas and outbuildings, shall equal or
exceed the following schedule:
single story minimum:
2200 square feet
multi-story minimum:
1800 square feet – first floor/400 square feet – second floor
4.
HOUSING MATERIALS
A. All
improvements shall be conventional and shall be constructed on the premises.
Siding shall be brick or stone or other materials agreed to by the
Architectural Control Committee. Vinyl materials may be used on the
residence as long as it covers less than 30% of the
residence.
B. The
roofs of all buildings shall be made of architectural shingles and roof
pitch shall not be less than 8 to 12 pitch.
C.
Outbuilding and garages shall
be constructed only after approval by the Architectural Control Committee
and must be of the same style and material as the residence.
Driveways shall be hard surfaced with concrete. Each garage facing a
street shall be required to have doors to completely cover the garage
entrance.
D.
Upon delivery of construction
materials, construction shall be promptly commenced and diligently
prosecuted. Completion of any structure shall not exceed 12 months.
The document entitled "Storm Water Pollution Prevention for Small
Construction Sites" has been provided to each lot owner; lot owners are
responsible for insuring the home construction site is in compliance.
E.
Mail boxes shall be erected
in compliance with postal regulations and be of black wrought iron and subject to approval by the
Architectural Control Committee.
F. All fences must be constructed of
wood or some other material acceptable to the Architecural Committee.
5. SETBACK REQUIREMENTS
A. Each residence shall be erected in compliance with the
setback requirements of the zoning and subdivision regulations of the
City of Magnolia, Arkansas, which are twenty five (25) feet minimum in the
front, ten (10) feet minimum on each side, twenty (20) feet minimum in the
rear, and twenty-five (25) feet minimum set back from each corner .
B. In addition, the location
of each residence on the lot is subject to the approval of the Architectural
Control Committee.
6.
Architectural Control Committee
In order to insure that the quality of
construction and appearance of the structures to be built in the addition
are of high standards, the developer hereby establishes an Architectural
Control Committee consisting of five members who shall be natural persons.
A.
As long as the developer owns
ten (10) lots within the entire addition including Phases 1, 2, and 3,
representatives of the developer shall serve as the Architectural Control
Committee. Thereafter, the committee shall be elected by vote of the lot
owners of Deer Creek Subdivision, which each lot having one vote.
B.
Members of the committee may
be replaced or removed by vote of the owners of the majority of the lots in
the addition.
C. By
acceptance of title to a lot in the addition, or by taking possession
thereof, each lot owner covenants and agrees that no building, wall, fence,
or other structure shall be placed upon such lot unless and until the plans
have been approved by the Architectural Control Committee.
D. Refusal
or approval of plans and specifications by the Architectural Control
Committee may be based on any ground, including purely aesthetic grounds
which, in the sole and uncontrolled discretion of the committee, shall seem
sufficient. No alteration of the exterior appearance of a building or
structure shall be made without like approval.
E. If
the committee shall fail to approve or disapprove the plans and
specifications within thirty (30) days after written request, then such
approval shall not be required, provided, however, that no other building or
other structure shall be erected which violates any of the covenants herein
contained.
7. HOMEOWNERS' ASSOCIATION
After 50 percent of Phase 1 lots are sold, lot owners and developer may
elect to form a Homeowners' Association and collect dues for the purpose of
enforcing the covenants and the maintenance of common areas and subdivision
lighting.
A. Membership shall be appurtenant to
and may not be separated from ownership of any lot.
B. Individual lot owners shall be
entitled to one vote per lot.
C. Developer shall be entitled to
three votes per lot owned in the subdivision.
8. METAL AND TEMPORARY
BUILDINGS
No structure of a temporary character shall be used on any lot at any time
as a residence, either temporarily or permanently
A. No metal buildings shall be allowed to
be erected or maintained on any lot in the addition.
B. No used 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.
9. FRONTAGE OF RESIDENCE ON
STREETS
Every residence erected on any lot of the addition shall front or present
good frontage on the streets designed on the plat. Although lots 1, 2,
24, and 25 are within the addition, ingress and egress to these lots shall
be made from County Road 448.
10.
COMMERCIAL STRUCTURES
No building or structure of any type may ever be placed, erected, or used
for business, professional, trade or commercial purposes on any portion of
any lot, with the exception of a structure used exclusively by a public
utility company in connection with the furnishing of utility services to the
addition. A personal office of the owner may be established in the
residence.
11. CESSPOOL
No leaching cesspool shall ever be constructed or used on any lot.
12. ANIMALS
All animals shall be kept in a safe, healthy, and sanitary condition and in
accord with all pertinent laws and ordinances
A.
No animals, livestock, large,
exotic animals, or poultry shall be kept on site except a reasonable number of ordinary household pets belonging to the household as
long as they do not create a nuisance to adjacent property owners.
Excessive barking dogs or dogs known to bite without provocation are
recognized by these restrictions to be a nuisance.
B.
Vicious dogs as described in
the City of Magnolia Ordinance No. 03-6 may not be kept in the addition.
13.
VEHICLES
No junk vehicle, commercial vehicle, camper,
trailer, truck, camp truck, house trailer, boat or other machinery or equipment
shall be kept
upon the property, nor shall the repair or extraordinary maintenance of automobiles or other
vehicles be
performed.
A. This restriction shall not apply
to vehicles, campers, trailers, boats, machinery, equipment, or the like stored and kept
within
an enclosed storage room, garage, or other area enclosed or shielded by a wall such
as to shield such items from
view from the street or other lots.
B.
Exception for owners of lots that exceed 2.5 acres only: campers, machinery,
equipment or the like may be stored as long
as
they are non commercial and are parked toward the rear of the property. Also, motor
homes may be parked for no more
than 30 days per year, provided they are not on the public
right-of-way, they do not impede traffic or visibility, and they do not
create a driving hazard.
14.
NUISANCES AND PROHIBITED ACTIVITIES
No nuisances shall be allowed in the addition nor shall
any use or practice be allowed which is a source of annoyance to the
residents or which
interferes with their right of enjoyment.
A.
No immoral, improper, offensive, or
unlawful use shall be made of any lot or part thereof, and all valid laws, zoning, bylaws,
and
regulations of any governmental bodies having jurisdiction shall be observed.
B.
No exterior radio, short wave or television antenna satellite dish/disc or
other reception or transmission facility shall be
permitted in
any front or side yard, nor shall be visible from the street.
C.
Clothes lines, drying yards, service yards, dog pens, or storage areas shall
be located so as to be shielded from view from
neighboring lots
and all streets.
D.
No garbage, refuse, or rubbish shall be deposited on any street or road or
on any site unless placed in a container suitable
for garbage pick
up.
E.
Garages are to be orderly and not piled with garbage or refuse.
15. LIGHTING
AND SIGNAGE
Any exterior lighting installed on any site shall either be
indirect or shall be of such controlled focus and intensity as not to disturb
the residents of the
adjacent property.
A. No signs, excessive decorative
objects, plaques, or communication of any description shall be placed on a
structure unless approved by the Architectural Control Committee.
B. Signs advertising real property for
sale or signs used by builders to advertise the property during construction
are permitted.
16. RIGHT OF ACCESS
Each lot owner hereby grants a right of access to the developer and the
Architectural Control Committee or their authorized agents for the purpose
of making inspections or correcting any conditions originating on such
owner’s lot and threatening another lot, or for the purpose of performing
installations, alterations, or repairs to the lot over which said persons
have control and/or responsibility for maintenance.
A.
Requests for such access must
be made in advance and entry must be a time reasonably convenient to the
owner of such lot.
B.
In case of an emergency,
this right of entry shall be immediate whether the owner is present or not.
17. 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 file herewith for a more specific description of width and
location thereof.
A. 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.
If the owner or occupier of the lot shall violate this provision, no person,
firm, or corporation engaged in supplying public utility service shall be
liable for the destruction of such trees and the like in the installation,
maintenance, repair, or replacement of any utility service located within
the area of such easement.
18. SUBDIVISION OF LOTS
No lot shall be subdivided. No portion of a lot may be rented by the
owners to a third party. A residence may be rented or leased, but the
owner and the tenant shall both be responsible for compliance with all
covenants and restrictions set forth herein.
18. COVENANT TO RUN WITH LAND
The covenant and restrictions of
this declaration run with and bind the land, shall inure to the benefit of
and be enforceable by the developer, the Architectural Control Committee,
and all owners of lots subject to this declaration, their respective legal
representatives, heirs, successors, and assigns, for a term of forty (40)
years from the date this declaration is recorded, after which time the
covenants and restrictions shall be automatically extended for successive
periods of ten (10) years unless an instrument terminating these covenants
and restrictions signed by the then owners of seventy-five percent (75%) of
the lots in the addition has been recorded prior to the commencement of any
ten-year period. These covenants and restrictions may be amended by an
instrument signed by the owners of not less than seventy-five percent (75%)
of the lots, and such amendment must be properly recorded.
20. MAINTENANCE
The owners or occupants (including lessees) of each lot in the addition
shall jointly and severally have the duty and responsibility, at their sole
cost and expense, to keep their property in well maintained, safe, clean,
and attractive condition. Lot owners who do not build immediately
are still required to maintain the appearance of their lot.
Maintenance includes but is not limited
to, the following:
- prompt removal of
all litter, trash, refuse, and waste
- lawn mowing
- tree and shrub
pruning
- keeping lawn and
garden areas alive, free of excessive weeds, and attractive
- keeping parking
area and driveways in good repair
- complying with
all governmental health and police requirements
- repainting of
improvements
- repair of
exterior damages to improvements
If, in the opinion of the developer or the
Architectural Control Committee, an owner or occupant has failed in any of
the foregoing duties or responsibilities, then the developer or the
committee may provide thirty days (30) written notice to the violator of the
duty to perform the case and maintenance required. If any owner so
notified fails to comply within such thirty day period, the developer or the
committee shall have the right and power to enter the premises and
perform such needed care and maintenance without liability for damages for
unlawful entry, trespass, or otherwise. The owner whose benefit such
care and maintenance work is performed shall be liable to the performing
party or parties for the costs of such work and shall promptly make
reimbursement.
21. ENFORCEMENT
Failure by the developer, the Architectural Control Committee, or any owner
or owners to enforce any covenant restriction shall in no event be deemed a
waiver of the right to do so thereafter. In the event that a Court of
competent jurisdiction shall determine that any lot owner shall have
violated or have attempted to violate any of the covenants, herein, the
owner of the lot or lots causing the violation upon which violation occurs
shall pay all attorney's fees, court costs, and other necessary expenses
incurred by the person instituting such legal proceedings to maintain and
enforce the aforesaid covenants. Said attorney fees, court costs, and
other expenses allowed and assigned by the Court shall become a lien upon
the lot and improvements.
22. SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall
in no wise affect any of the other provisions which shall remain in full
force and effect.
WITNESS the hands of the duly authorized
officers of Deer Creek Properties, LLC, an Arkansas limited liability
corporation on this 5th day of December, 2006.
DEER CREEK PROPERTIES, LLC
BY: Joe Pieratt, Developer
|