Dogwood Springs Estates Bill of Assurance

No noxious or offensive trade shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood; No nuisance shall ever be erected or suffered to remain upon any site or sites in the subdivision;

Household pets and large animals such as horses, cattle and fowl will be allowed in a number so limited as not to create a nuisance.  No goats or swine shall ever be kept or harbored on any part of the property and no commercial breeding of any type of domestic or wild animal shall be permitted on any of the said property; No trash, manure or garbage or putrescible matter, or debris of any kind shall be dumped, or permitted to accumulate on any lot, nor may any of such materials be burned on the premises except in an incinerator designed for the purpose and of a type permitted and approved by all State and local authorities.

The land included in the tract shall be used for residential and non-commercial purposes only.

No building shall be erected, altered placed or permitted to remain on any lot other than a one-single family dwelling, private garages or carports and outbuildings for storage of personal belongings of the inhabitants of the residence located on each lot.

The Living area of any dwelling or residence constructed on any lot or part thereof shall not be less than 1,600 square feet.  The ground floor area of any single-story dwelling constructed on any lot or part thereof shall be not less than 1,000 square feet, provided that the upper floor contains the balance of area necessary to meet with 1,600 square feet minimum.  In all cases, the area referred to shall be the area of the building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior or secondary stairways, porte cocheres, and outbuildings.

Bill of Assurance of Dogwood Springs Country Estates

No house trailer, mobile home, modular home or pre-manufactured home shall be parked on any part of any of said lots nor maintained thereon for residence or other purposes.

No building shall be constructed on any lot nearer than fifteen feet to the street nor nearer than ten feet to the interior lot lines.

No vehicle of any type or description may be parked or left standing on any part of the tract unless such vehicle is currently and legally registered and licensed for use on street and highways.  Any vehicle being repaired or re-constructed may be kept on the property but it shall be stored or kept in a covered enclosure if inoperative for more than 30 days. No unfinished residence or dwelling shall be occupied as a residence.

Temporary structures shall not be used for residential purposes.

No building shall be occupied as a residence unless furnished with electric power. Every residence constructed on this tract shall contain modern plumbing facilities in compliance with all regulations of the State, County or City.  All plumbing shall be connected to septic or sewer systems approved by the proper authority.

All buildings shall be of new construction and no old residences shall be moved onto the property.

No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence; either temporarily or permanently.

Bill of Assurance of Dogwood Springs Country Estates

Grantor reserves as necessary utility easements and rights-of way a ten foot utility easement along all lot lines.  These utility easements and rights-of-way are reserved for the use and benefit of any public utility operating in Garland County, Arkansas, including, but not limited to those public utilities for telephone, television cable, water, gas electricity, etc., as well as for the benefit of the Grantor and property owners in the subdivision for appropriate utility purposes any other utility or service which the Grantor may find necessary for the proper service of lots in this subdivision. Grantor has and by this Bill of Assurance does dedicate all of the street, roadways, easements, and rights-of-way, together with all of the lots shown on the Plat and designated by a lot number. (a)  The provisions contained herein shall run with and bind the land and shall inure to the benefit of and be enforceable by any owner of land included and shown on said Plat, their respective legal representatives, successors and assigns. If any lot owner or persons in possession of any of said lots of said subdivision shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person, or persons owning any real property situated in said development or subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant, either to prevent him or them from so doing or to recover damages or other dues for such violation.  In the event an owner of real property in this subdivision is required to litigate to enforce any provisions of this Bill of Assurance against another owner who is violating any of the provisions of this Bill of Assurance and if the aggrieved owner is successful in enforcing any of the Bill of Assurance of Dogwood Springs Country Estates provisions in this Bill of Assurance, then the violating owner will be responsible for the attorney fees and costs incurred by the aggrieved owner.

The Failure of any land owner to enforce any restrictions, conditions, covenants, or agreement herein contained shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto.

These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants and restrictions are recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants and restrictions in whole or in part.

The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.

IN WITNESS WHEREOF, Daniel A. Smith, Martha G. Smith, H. D. Miller and Brenda Miller hereby set their hands and seals on this 3rd day of September, 1996.

Recorded Volume 1687, Pages 585, 586, 587, 588, 589, 590, and 591