PLATINUM PEAK ESTATES
SUBDIVISION
DECLARATION OF COVENANTS AND
RESTRICTIONS
THIS DECLATION OF DOCUMENTS
AND RESTRICTIONS is made
this ______day of July, 2004
by Platinum Peak Estates,
LLC hereafter referred to as
“Declarant”.
WHEREAS,
Declarant is the owner of
certain real property
situated in Van Buren
County, Arkansas, known as
Platinum Peak Estates
Subdivision, more
particularly described on
the attached “Exhibit A”
which is incorporated herein
by reference.
WHEREAS,
Declarant has caused the
Property to be surveyed and
divided into forty-nine (49)
lots, rights-of-way, and
common areas, by Roberson
Surveying and Mapping
pursuant to a survey
(“Survey” and sometimes
referred herein as “Plat”)
titled Platinum Peaks, Van
Buren County, Arkansas,
dated Dec 2003 (consisting
of one sheet). It is the
intention of the developer
to sell the lots by metes
and bounds description with
a plat of each individual
lot filed of record at the
time of sale.
WHEREAS,
Declarant is in the process
of developing the Property.
The Subdivision will consist
of lots (the “Lots”,
sometimes separately
referred to as a “Lot” and
shall mean and refer to any
plot of land shown on the
Survey and all improvements
thereon, with the exception
of any common areas, road,
easements, and other
rights-of-way shown on the
Survey), to be used for the
construction and occupancy
of detached single-family
residences, subject to the
provisions of this
Declaration and other
matters of record, for the
benefit of the Subdivision.
WHEREAS,
Declarant desires to subject
the Lots to the covenants,
restrictions, conditions,
and easements, hereafter set
forth to insure the
development of the Lots as a
highly desirable residential
area, to promote internal
harmony and architectural
excellence within the
Subdivision, to preserve the
natural attributes of the
land, to prevent the
construction, installation
or maintenance of any
undesirable use or
improvement, in a manner
consistent with high
environmental, aesthetic and
residential standards.
NOW, THEREFORE,
Declarant hereby declares
that the Subdivision,
including each Lot in the
Subdivision, shall be held,
transferred, sold, conveyed,
leased, used and occupied
subject to the following
covenants, restrictions,
conditions, and easements,
each of which is for the
benefit of, and shall run
with and bind, each Lot and
each person having any
right, title or interest in
any Lot, including, without
limitation, each Owner
(which shall mean and refer
to the record owner, whether
one or more persons or
entities, of a fee simple
title to any Lot which is a
part of the Subdivision) and
occupant, and the heirs,
personal representatives,
successors and assigns of
any such person.
ARTICLE 1
ARCHITECTURAL REVIEW
Section 1. Preservation of
Natural Features.
It is the intent of the
Architectural Review
Committee to ensure
preservation of the natural
features of each Lot to the
greatest extent possible.
Consequently, a great deal
of importance will be placed
during the approval process
on ensuring that the natural
site characteristics of each
particular home site are
well integrated into the
architectural and site plan
design. Every effort shall
be made to preserve the
natural topography, slopes,
woods, groves of trees and
all other desirable natural
features through skillful
and appropriate design,
placement and construction
of the residences and
related improvements.
Section 2. Architectural
Review Committee.
No residence or other
improvement shall be
installed, constructed,
reconstructed or maintained
on any Lot, nor shall any
addition or alternation be
made relative to the
exterior appearance of any
improvement or landscaping,
until detailed building and
site plans have been
submitted to and approved by
the Architectural Review
Committee (the “Committee).
The Committee shall,
initially, be composed of
the Declarant. At such time
as all of the Lots have been
sold and residences have
been constructed thereon the
Committee will resign and
delegate and assign the
power of appointment with
regard to the members of the
Committee to the Board of
Directors of the Association
(defined herein); provided
that Declarant may, at its
sole discretion, make such
delegation at an earlier
time. Neither Declarant nor
any member of the Committee
shall have any liability
whatsoever to any person in
connection with the approval
or disapproval of any plans
or specifications in regard
to any improvement.
Section 3. Architectural
Approval Procedure.
No tree removal, excavation
or construction shall be
performed on any Lot until
detailed building plans,
site plans and
specifications for any
proposed improvements have
been submitted and approved
in writing by the
Committee. Submittal and
review procedure shall be
followed for obtaining
approval of the Committee
for any new residence or
substantial improvement on
any Lot as follows:
1)
A copy of preliminary plans
and specifications shall be
submitted to the Committee
for preliminary review and
approval including the
following:
A.
A floor plan.
B.
A site plan locating the
proposed residence,
driveway, septic tank, leach
fields, lamppost, pool and
any other improvements on
the topographical site
survey with proposed grades
indicated.
C.
Exterior elevation drawings
for all sides of the
proposed residence.
D.
An indication of the
exterior materials and
colors to be used to
construct the proposed
residence.
E.
Any other data, drawings or
specifications, which the
Committee deems necessary to
fulfill the architectural,
review process.
Section 4. Validity of
Approval.
No approval of the Committee
shall be deemed to have been
obtained for any improvement
that violates any
restriction set forth in
this Declaration unless the
Committee, for that specific
restriction, specifically
grants a variance, in
writing. Approval by the
Committee does not
constitute a waiver of any
provision of zoning or
building ordinances or
codes.
Section 5. Approval /
Disapproval.
All documentation delivered
for architectural review
shall become the property of
the Committee and shall be
retained as a permanent
record. The Committee shall
have 45 days from and after
receipt of the required
documentation which receipt
shall be in writing, to
approve or disapprove the
design, plans and
specifications. No change
may be made in any approved
design, plans or
specification without prior
written consent of the
Committee. In the event
that the Committee fails to
respond within 45 days after
the full proper and complete
submission of materials
required for approval
evidenced by acknowledgement
of delivery of such
materials, that approval
shall be deemed to have been
granted, with all other
restrictions, limitations
and conditions set forth in
this Declaration remaining
in full force and effect.
ARTICLE II
USE RESTRICTIONS
Section 1. Permitted Use.
Each Lot shall be used for
single-family residential
purposes only. No
structure shall be erected,
altered, placed or permitted
to remain on any Lot other
than one single-family
residential dwelling with an
attached garage for the sole
use of the Owner/ Occupant
of the Lot.
Section 2. Floor Area.
The minimum livable floor
area for each residence
built on a Lot shall be
fifteen hundred (1,500)
square feet. As used
herein, the term “livable
floor area” shall not be
deemed to include basements
or unfinished attics,
garages, patios, decks, open
porches, terraces, or like
area, even if attached to
the dwelling.
Section 3. Exterior
Materials.
Eighty percent (80%) of the
visible exterior of each
residence and appurtenant
structures shall be
constructed of brick,
natural stone, wood siding,
and cement siding. Any
deviation from this
requirement shall be allowed
only with the express
written consent of the
architectural control
committee. All siding shall
be comprised of individual
boards and not sheets such
as Texture 1-11. No used
material except reclaimed
brick may be used in the
construction of any visible
exterior wall. The use of
exposed cement block, slag,
cinder block, imitation
brick, or asphalt on any
visible exterior wall is
expressly prohibited.
Section 4. Driveways.
All driveways and driveway
approaches shall be paved
with asphalt, brick pavers,
concrete or other approved
paving materials. Driveways
shall be completed prior to
occupancy of the residence
except to the extent delayed
by adverse weather
conditions, in which event
such paving shall be
complete within thirty (30)
days after termination of
such adverse weather
conditions.
Section 5. Culverts.
Driveway culverts shall
extend four feet beyond the
driveway. Each homeowner
shall conceal the culvert
end openings with stone of
size and color specified by
the Declarant to insure a
pleasing, consistent
appearance throughout the
development.
Section 6. Lawn Areas.
All areas of a residential
home site not landscaped
with plant materials or
maintained as natural areas
shall be established and
attractively maintained as
lawn areas by sodding or
hydoseeding. Lawn or
landscaped areas shall be
extended and maintained to
the edge of the pavement
along all Lot boundaries.
Section 7. Walls and
Fences.
No fence or wall of any type
shall be permitted to extend
beyond the front of the
house, except ornamental or
decorative fences not to
exceed two and one half
(2-1/2) feet. Rear yard
fencing for purpose of Lot
enclosure may be used but
not to exceed four (4) feet
in height. No wood privacy
fencing or chain link
fencing may be used for
purpose of Lot enclosure.
Individual wood picket
fencing may be used if
constructed with visible
spacing and left natural or
stain preserved (but not
painted).
Section 8. Swimming Pools.
All swimming pools shall be
in-ground only. Mechanical
equipment shall be concealed
from view.
Section 9. Air
Conditioners.
No external air conditioning
unit shall be placed in or
attached to a window or wall
of any residence or
appurtenant structure. No
compressor or other
component of a heat
pump/central air
conditioning system shall be
visible from any adjacent
street, and to the extent
reasonably possible, all
such external equipment
shall be so located on any
Lot so as to minimize the
negative impact thereof on
any adjoining Lot, in terms
of noise and appearance.
Section 10. Septic Tank.
Each Lot owner for the
Residential Unit shall be
responsible for installing
an underground septic system
(“Residential System”). The
Residential System shall
meet or exceed the
requirements promulgated by
the Committee, or if the
Committee is no longer in
existence or active, the
Board of Directors of the
Association (defined in
Article IV). Once installed
and accepted by the
Association, the Lot owner
shall be responsible for
maintaining the Residential
System. Declarant hereby
grants and conveys to the
Association an easement over
the lots to inspect,
maintain, repair and replace
such Residential Systems,
should Lot owner fail to
perform such duties. All
cost incurred by the
Association shall be
recovered from the Lot owner
once work has been
performed.
Section 11. Minimum Lot
Size.
No Lot shall be subdivided
into a smaller lot.
Section 12. Timely
Completion.
The exterior of all
residences and other
structures must be completed
as soon as practical after
construction commences, and
in any event within eighteen
(18) months after
commencement of
construction.
Section 13. Animals.
No animals, livestock, or
poultry of any kind shall be
raised or kept on any Lot
except for dogs, cats or
other household pets,
provided that they are not
kept or maintained for
commercial purposes.
Section 14. Temporary or
Accessory Structures.
No structure of a temporary
character, trailer, detached
garage, barn, storage shed,
tent or outbuilding may be
placed, used or occupied on
any Lot, either temporarily
or permanently, except that
tents for entertainment
purposes may be erected for
periods not to exceed
forty-eight (48) hours.
Permanent swimming pool
bathhouses and detached
garages that are
architecturally compatible
with the primary residence
may be permitted provided
that the Committee has
approved plans for such.
Section 15. Storage of
Vehicles.
All vehicles, including
without limitation,
automobiles, permitted
trucks, garden tractors,
motor homes, recreational
vehicles and utility
trailers of the owners are
to be parked in paved
off-street parking areas and
no such vehicle shall be
parked otherwise than
temporarily in any part of
the yard or on the street.
In addition to the foregoing
requirements, all motor
homes and/or recreational
vehicles and garden tractors
shall be parked either in an
enclosed garage or within
the rear yard area shielded
from adjoining Lots and the
street by a privacy fence,
hedge, or other suitable
planting; subject to the
approval of the Committee.
Section 16. Antennas.
No exterior radio,
television or other
communication antenna of any
type exceeding twenty-four
(24) inches in diameter or
height may be erected,
placed, maintained or
permitted to remain on any
Lot. The location of any
permitted antenna up to
twenty-four (24) inches in
height or diameter shall be
behind the residence or in
dwelling attic space.
Section 17. Outdoor Play
Sets.
Permanent outdoor playground
equipments shall be
primarily of wood
construction and shall be
located in the rear yard
areas of residences so as
not to be visible from
roadway areas.
Section 18. Easements.
Easements for the
construction, installation
and maintenance of public
utilities, for surface and
road drainage facilities are
reserved as shown on the
recorded Survey of the
Subdivision. In addition to
those easements shown and
for the same purpose is
reserved a 10’ easement
along all front, back and
side lot lines. Landscaping
and plantings shall be
allowed within easements to
the extent that they do not
interfere with reasonable
and necessary access for the
installation and maintenance
of the utilities and
facilities located within
such easements. No
building, wall, fence or any
other permanent structure
shall be constructed on any
easement nor shall any
grading be done to restrict
water flow in any drainage
easements. Driveways shall
not be considered structures
for the purpose of this
restriction.
Section 19. Underground
Utilities.
All public utilities such as
water mains, electric, cable
television, and telephone
local subdivision
distribution lines, and all
connections to such
facilities, either private
or otherwise, shall be
installed underground;
provided, however, the above
ground transformers,
pedestals and other above
ground electric, cable
television, LP gas or
telephone equipment deemed
necessary by the supplier of
any such utility service in
connection with underground
distribution systems shall
be permitted. Each Owner
shall be responsible for the
installation, maintenance,
repair, and replacement of
electrical, LP gas,
telephone, and cable
television service
conductors and facilities on
such Owner’s Lot, extending
from the adjacent street
right-of-way, or utility
easement on such Lot, to the
residence. LP gas tanks
shall be appropriately
secured as determined by the
Committee.
Section 20. Signs.
No billboard, poster, signs
or object of unsightly
nature shall be placed or
permitted to remain on any
part of any Lot, except one
sign per Lot not to exceed
five (5) square feet in area
to advertise property for
sale, or signs used by
builders to advertise the
property during construction
and sales period.
Section 21. Sewage
Disposal.
The Arkansas Department of
Health has approved the
Subdivision for on-site
sewage disposal systems.
Section 22. Right-Of-Way.
Declarant hereby retains a
sixty (60) foot road
right-of-way along the
Property, consistent with
the Survey recorded herein
and said road right-of-way
may be dedicated to the
County, once the road has
been built to County
specifications, after which
time the County shall
maintain said road.
Declarant and Declarant’s
Appointees shall also have
the right to install and
maintain utilities in said
road right-of-way and the
common areas so designated
and to add, maintain and
replace said utilities in
the road right-of-way and
common areas.
Section 23. 491 MSL
Contour.
No structure for human
habitation shall be
constructed below the 491.0’
elevation mean sea level (MSL)
contour line.
ARTICLE III
CONSTRUCTION REGULATIONS
Section 1. Accountability.
Prior to start of
construction of a residence
or other substantial
improvement, each Owner
shall provide his or her
builder with a copy of the
Declarations of
Restrictions, and each Owner
shall be held responsible
for having his or her
builder adhere to these
Construction Regulations and
other applicable provisions
of this Declaration which
are regulated by
construction activities.
Section 2. Lot Clearing.
Trees that have been
approved for removal must be
clearly marked and the
builder/construction workers
must not remove or otherwise
damage trees not marked for
removal.
Section 3. Portable Toilet.
The builder shall provide a
portable toilet at the job
site located so as not to be
visible from the road until
such time as the plumbing of
the residence is in working
order.
Section 4. Construction
Area.
All construction activity
and disturbance, including
access by construction
vehicles and equipment shall
be confined to the
boundaries of the
construction area for the
home site under
construction. Adjacent home
sites may not be used for
parking, storage or access.
Section 5. Cleanliness.
Throughout the course of
construction, the job site
shall be maintained in a
clean and orderly manner.
The road surface in the
vicinity of the job site
shall be kept clean of mud,
trash and debris at all
times.
ARTICLE IV
PROPERTY OWNERS ASSOCIATION
AND VOTING RIGHTS
Section 1. Membership.
Each person or entity who is
a record Owner of any of the
Property which is subject to
assessment by the Platinum
Peak Estates Property Owners
Association (“Association”)
shall be a member of the
Association. The foregoing
is not intended to include
persons or entities that
hold an interest merely as
security for the performance
of an obligation. No Owner
shall have more than one
membership. Membership
shall be appurtenant to and
may not be separated from
ownership of the land that
is subject to assessment by
the Association.
Section 2. Voting Classes.
The Association shall
initially have two classes
of voting membership:
Class A.
Class A members shall be
Owners with the exception of
the Declarant (except as
hereinafter provided) and
shall be entitled to one
vote for each Lot owned.
When more than one person
owns an interest in any Lot,
all such persons shall be
members. The vote of such
Lot shall be exercised as
the persons among themselves
determine, but in no event
shall more than one vote be
cast with respect to each
Lot.
Class B.
The Class B member shall be
the Declarant and shall be
entitled to three (3) votes
for each Lot. Class B
membership shall cease and
be converted to Class A
membership on the earlier of
the following dates:
(a)
The date on which the total
outstanding votes in the
Class A membership equal or
exceed the
total available votes in the
sum of Class B memberships;
or
(b)
January 1, 2007.
ARTICLE V
COVENANT FOR MAINTENANCE
ASSESSMENTS
Section 1. Creation of
the Lien and Personal
Obligation of Assessments.
Annual assessments and
special assessments are to
be established as
hereinafter provided. For
each Lot Owner, Owner by
acceptance of the deed for
said Lot or Residential Unit
deemed to covenant and
agrees to pay annual and
special assessments to the
Association, whether or not
it shall be so expressed in
such deed. Declarant shall
not pay annual assessments
or special assessments to
the Association, except on a
voluntary basis; provided,
however, Declarant shall be
responsible for the cost and
expense of maintenance and
upkeep of any Common Areas
and Common Facilities until
December 21, 2004.
The regular and special
assessments, together with
interest, penalties, costs,
and reasonable attorney’s
fees, shall be a charge on
the land and shall be a
continuing and contractual
lien upon the Lot against
which each such assessment
is made. Each such
assessment, together with
interest, penalty, costs and
reasonable attorney’s fees
shall also be the personal
obligation of the person who
was the Owner of such Lot at
the time when the assessment
became due. The personal
obligation for delinquent
assessments shall not pass
to the Owner’s successors in
title unless expressly
assumed by them, provided
that they shall continue to
be a lien on the Lot until
satisfied.
Section 2. Purpose of
Assessment.
The assessments levied by
the Association shall be
used exclusively for the
community, civic and social
welfare and benefit of the
Property and the Owners, for
the purpose determined by
the Association to be
appropriate in accordance
with its Articles of
Incorporation and By-Laws,
which may include, but is
not required to include:
sewer services; improvement
and maintenance of the
Common Areas; boat access
roads; boat docks, boat dock
parking areas; boat dock
utilities; and other
services, facilities, and
activities that may be in
the community’s interest.
Section 3. Amount of
Annual Assessment.
The amount of the annual
assessment shall not exceed
$600.00 per Lot, which shall
be payable on January 1 of
each year. On any sale of a
new Lot by Declarant, the
Owner shall pay such
assessment in advance of the
date of conveyance to such
Owner with the amount to be
prorated based upon the
number of months from the
month of the conveyance to
January 1. Prior to the
initial sale of a particular
lot, Declarant may establish
an annual assessment in
excess of the above amount
which additional assessment
shall be evidenced by the
filing of supplementary
declarations of covenants,
conditions and
restrictions. The maximum
annual assessment may be
increased above the rate
specified above by a vote of
a majority of the votes of
members entitled to vote in
person or by proxy, at a
meeting duly called for such
purpose.
From and after January 1,
2005, the maximum annual
assessment may be increased
each year above the maximum
assessment for the previous
year by a majority vote of
the Board by the percentage
change by which the Consumer
Price Index (for the area in
which Little Rock, Arkansas
is located, for all items,
issued by the Bureau of
Labor Statistics of the
United States Department of
Labor), for the immediately
preceding calendar year
exceeds such index for the
calendar year prior thereto
or by 5%, whichever is
greater. If the publication
of such Index is
discontinued comparable
statistics on the cost of
living for the area in which
the City of Little Rock is
located, as they may be
published by any other
agency of the United States,
shall be used.
Section 4. Notice and
Quorum For Any Action
Authorized Under Section 3
and 4
Written notice of any
meeting called for the
purpose of taking any such
action authorized under
Section 3 hereof shall be
sent to all Members not less
than thirty (30) days nor
more than sixty (60) days in
advance of the meeting. At
the first meeting called,
the presence of Members or
of proxies entitled to cast
sixty percent (60%) of all
the votes of each class
membership shall constitute
a quorum. If the required
quorum is not present,
another meeting may be
called subject to the same
notice requirement, and the
required quorum at the
subsequent meeting shall be
one-half (1/2) of the
required quorum at the
preceding meeting.
Subsequent meetings can
continue to be called in the
aforesaid manner with the
required quorum at any
subsequent meeting(s) being
one-half (1/2) of the
required quorum at the
preceding meeting until a
quorum is present and votes
are cast. No such
subsequent meeting shall be
held more than sixty (60)
days following the preceding
meeting.
Section 5. Effect of
Nonpayment of Assessment:
Remedies of the Association
Any assessment not paid
within thirty (30) days
after the due date shall
bear interest from the due
date at the maximum lawful
rate. The Association may
bring an action at law
against the Owner personally
obligated to pay the same,
or foreclose the lien
against the Lot.
Section 6. Superiority
of the Lien to Mortgage.
The lien of the assessments
provided for herein shall be
superior to the lien of any
first mortgage. Sale or
transfer of any Lot shall
not affect the assessment
lien.
Section 7. Suspension
of Rights of Membership
Prior to foreclosure of any
lien upon any Lot subject to
this Declaration, the Board
of Directors of the
Association may elect to
suspend all membership
rights of any Member of
Members of the Association
who are delinquent in any
payment due to the
Association for more than 30
days, with such suspension
to continue for so long as
any such delinquency exists,
and said Board of Directors
may further suspend
membership rights for a
period not to exceed 30 days
for the infraction of any
rules or regulations by the
Member, family of the
Members or guests of the
Members, relating to the use
of any of the Common Areas
of Common Facilities, with
such suspension not to
exceed 30 days in duration.
Suspension of membership
rights shall be effective
from the date that notice of
suspension is mailed to the
Member via U.S. Certified
Mail, Return Receipt
Requested, postage prepaid,
to the last known address of
the said member, and a copy
of the notice shall be
posted on any or all of the
Common Areas and Common
Facilities during said
suspension.
Section 8.
Cancellation and Hearing.
The said Board of Directors
may elect to permanently
cancel the membership and
all membership rights of any
Member who is delinquent in
any payment due to the
Association for more than 90
days or when such Member,
family of the Member, or
guest of the Member are
guilty of repeated or
flagrant violation after a
hearing conducted by said
Board of Directors, with
notice of such hearing
mailed to such Member at
least 30 days in advance of
said hearing date, and
further provided that such
Member may appeal any such
decision of said Board of
Directors to the membership
of the Association by notice
mailed to each Member at
least ten days in advance of
the desired special meeting
date, and said notice
setting forth the time,
date, place and purpose of
said meeting. A majority
vote of the Members of the
Association attending such
special meeting shall be
necessary to override the
decision of the Board of
Directors, and all votes
shall be by secret ballot.
The Member via U.S.
Certified Mail shall mail
notice, postage prepaid,
Return Receipt Requested.
ARTICLE VI
GENERAL PROVISIONS
Section 1.
Enforcement.
Any Owner or the association
shall have the right to
enforce these covenants and
restrictions by proceeding
at law or in equity against
any person violating or
attempting to violate any
covenant or restriction,
either to restrain violation
or to recover damages, and
against any Lot to enforce
the lien created by these
covenants upon such Lot; and
failure by any Owner or the
association to enforce any
covenant or restriction
herein contained shall in no
event be deemed a waiver of
the right to do so
thereafter.
Section 2. Invalidation of
Covenants of Restrictions.
Invalidation of any one or
more of these covenants or
restrictions by judgment or
court order shall in no way
affect any other provision
of this Declaration, and
this Declaration shall
otherwise continue and
remain in full force and
effect.
Section 3. Amendments and
Duration.
This Declaration, and the
covenants and restrictions
herein contained, shall run
with the Lots and shall
inure to the benefit of, and
be enforceable by any Owner,
their respective legal
representative, heirs,
successors and/or assigns,
for an initial period of
twenty-five (25) years from
the date of the Declaration,
after which time they shall
automatically extend for
successive periods of ten
(10) years unless an
instrument signed by the
then Owners of two-thirds
(2/3) of the Lots shall have
been recorded, agreeing to
change this Declaration, in
whole or in part; provided,
however, that no such
agreement and instrument of
change shall be effective
unless written notice of the
proposed agreement and
instrument of change is sent
to every Owner at least
ninety (90) days in advance
of any action taken. The
term “then Owners” shall be
defined as to include Owners
of recorded Lots in all
phases of Platinum Peaks
Estates. This Declaration
may be amended during the
primary term by a recorded
agreement and instrument of
change signed by not less
than eighty percent (80%) of
the Owners, provided, that
until December 31, 2005,
Declarant shall have the
right, by written
instrument, signed,
acknowledged and recorded
with the County of Van
Buren, to modify, restate,
waive or repeal any or all
of the provisions herein
contained with respect to
all or any particular Lot
within the Subdivision not
materially affecting the
rights of Owners.
Section 4. Future Phases of
Platinum Peak Estates.
Declarant may develop, but
is not obligated to develop,
all or portions of the
adjacent land as a similar
family residential
subdivision subject to
Declaration of Covenants and
Restrictions substantially
similar to this Declaration.
Section 5. Disclaimer.
The terms, conditions,
restrictions and provisions
of this Declaration are
intended solely to enable
Declarant or Architectural
Control Committee to
exercise its discretion in
order to achieve the
purposes described in the
recitals to this
Declaration, shall not be
deemed to constitute a
representation, covenant or
obligation of Declarant, and
Declarant shall have no
liability or obligation
hereunder.
Section 6. Irrevocable
Grant of Limited Power of
Attorney.
Each owner of any Lot within
the Subdivision does hereby
irrevocably grant, assign,
and give the Developer the
authority for such owner to
exercise or perform all
actions, and execute such
documents as may be
necessary, to cause a plat
of the Subdivision, as
contemplated by the recitals
set forth above, to be duly
recorded in the records of
the Office of the Circuit
Court Clerk of Van Buren
County, Arkansas, so that
Lots may thereafter be
referenced by Lot number as
reflected on the plat,
rather than by metes and
bounds description, and
rights of ways and common
areas, if any, may be
dedicated to the public.
|
|
|