Wilhelmina Cove Subdivision: Covenants and Restrictions

The undersigned, being the owners 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, create nuisances, destroy the aesthetics, and any action that would ultimately lead to reduced property values and/or the destruction of the neighborhood, have 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 shall be held, owned and conveyed for residential purposes only and subject to and in conformity with the following covenants which, subject to being amended as hereinafter; provided, shall be and 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 those lands designated as: Lots 1-65 of Wilhelmina Cove Subdivision. The plat of this subdivision is recorded in Book _ _, Page _ _. These covenants shall not apply to any other lands on said Plats.

2. LAND USE AND BUILDING TYPE: No lots shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than a single-family residence not to exceed two and one-half stories in height, a private garage, guest house, servant quarters and other out-buildings incidental and related to residential use of the premises; provided, however, nothing herein contained shall be construed to prevent or prohibit an owner of two or more contiguous lots or parts of lots from utilizing the same as a unit for a building site, and in any such instance, the lot lines of the covenants and restrictions shall be exterior extremities of such unit, but in each instance, all minimum set back and area requirements hereinafter set out shall apply to such unit, and compliance therewith shall be required.

3. ARCHITECTURAL CONTROL: No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee (ACC), or its appointed Representative, as to quality of workmanship, size of dwelling, materials, harmony of external design with existing structures, and as to location within respect to topography and finish grade elevation.

4. FENCES AND OUTBUILDINGS: No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum set back line unless similarly approved. There shall be chain link, PVC or wood fences erected not to exceed six feet in height. Fences erected adjacent to entry fence must be shorter than entry fence. Fence and outbuilding design and location shall be approved by the Architectural Control Committee, or its Representative. Outbuildings shall not be less than 100 square feet, and must have the same quality of construction and same exterior building materials so they will correspond with the house construction.

5. DWELLING SIZE: The ground floor area of the main structure, exclusive of one-story, open porches and garages shall not be less than 1500 square feet for a one-story dwelling on lots 11- 46 & not less than 1200 square feet for a one-story dwelling on lots 1 - 10 & 47 - 65. Homes with more than one-story shall have a minimum of 800 square feet ground floor. Dwelling shall be at least 70 percent brick or dry-vit, or exceptions to this must be approved by the ACC. All dwellings must have a garage with a minimum footage to accommodate at least two (2) vehicles.

6. DWELLING LOCATION: No dwelling shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat, but in no event shall any dwelling be located on any lot nearer than 25 feet to the front lot line or any side street line. No building shall be located nearer than 8 feet to any interior lot line, and no principal dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a dwelling. The Architectural Control Committee must approve setback lines.

7. EASEMENTS: Easements for the installation and maintenance of utilities and drainage facilities and area fences are reserved as shown on recorded plat, no structure, planting, or other material shall be placed or permitted to remain which would damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in said easements, or which may obstruct or retard the flow of water through drainage channels in the easement. In case repairs and maintenance of utilities or pipe line is necessary the property owner may be required to remove and replace, at his expense, any shrubs, fences, playground equipment or any other obstruction owned by the property owner. Proper permits for fencing along utility easements should be obtained from the utility companies prior to construction.

8. LOT AREA: As shown on Plat, under no circumstances can any lot be subdivided.

9. NUISANCES: No noxious or offensive activity shall be carried on upon any lot nor shall anything be done therein which may be or may become an annoyance or nuisance to the neighborhood. Including but not limited to the discharge of firearms within the subdivision, creating loud noises especially during the evening, burning materials which produce toxic fumes, operating small engine equipment without proper sound deadening devices. All dwellings yards and fences are to be properly maintained.

10. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, mobile home, basement, tent shack, garage, barn, or other outbuilding shall be used upon any lot at any time as a residence, either temporarily or permanently.

11. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than five feet, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sales period. A sign, no larger than 4' X 8', advertising the subdivision for sale may be used to market the subdivision lots.

12. OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarry, or mining operations of any kind shall be permitted on the property or in any lot, nor shall oil wells, tanks tunnels, mineral excavation, or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot.

13. LIVESTOCK AND POULTRY: No animals, livestock, or poultry of any kind shall be raised, kept 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. Household pets may be kept, provided that they are properly vaccinated, licensed, maintained, restricted, and fenced in so as to prevent their becoming a nuisance to the neighborhood.

14. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All equipment used for the storage or disposal of such material shall be kept in a clean and sanitary condition. The buyer is responsible for removing all stumps and debris bought about by clearing the building site. Said stumps and debris must not be pushed onto other property.

15. MOTOR HOMES, BOATS, TRAILERS: No motor homes, boats, trailer, campers, non functional cars, cars with expired tags, motorcycles, shall be parked in a driveway or on the street, other than short term visitors. Any such vehicles or equipment must be parked or stored in a garage or behind a screening fence, a minimum of 6 feet high in the side or back yard. Non-functional cars may not be parked anywhere in the subdivision.

16. MAIL BOXES & CULVERTS: Mail box pedestals shall be built of brick or materials that match the exterior material of the house. Any exceptions must be approved by the ACC. All driveway culvert ends shall be concealed with brick or stone masonry.

17. ANTENNAS: Antennas of any kind may not extend above the roofline. No dish-type antennas shall be allowed unless concealed from neighbors' view or approved by ACC.

18. LANDSCAPING: The exterior landscaping shall consist of solid sod in the front and side yards with trees, shrubs, plants and ground cover sufficient to make the yard aesthetically pleasing. Landscaping plans other than the above shall be approved by Architectural Control Committee.

19. TIME FRAME: All construction of the primary dwelling and the landscaping to be completed within 1 year (365 consecutive days) from date the footings are dug.

20. SIGHT DISTANCE AT INTERSECTION: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six 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 30 feet from the intersection of the street lines, or in the case of a rounded property corner, form the intersection of a street, property lines extended. The same sight line limitations shall apply to any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be allowed unless the foliage line is maintained at sufficient heights to prevent obstruction of such sight lines. No fences shall be erected which would extend toward a street past the building setback line.

21. ARCHITECTURAL CONTROL COMMITTEE: The Architectural Control Committee (ACC) is composed of Allan Nabholz, Mitch Hart and Wilhelmina Nabholz, whose addresses are Faulkner County, Arkansas. 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 to any of its powers and duties. The committee's approval or disapproval, as required in these covenants, shall be in writing. In the event the committee, or its designated representative fails to approve or disapprove within 30 days plans and specifications which have been submitted to it, or in any event if no suit to enjoin the constructions has been commenced prior to the completion thereof, approval will not be required, and the related covenants shall be deemed to have been fully complied with.

22. 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 thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

23. PROPERTY OWNERS ASSOCIATION: Each property owner shall agree to join a Property Owner's Association and pay its prorated share of the operation and maintenance of the lights, fence, pavilion, bridge, boat ramp, and any common landscaped area in subdivision.

24. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damage.

25. SEVERABILITY: Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect.

26. ROOF SPECIFICATIONS: The roof must have a minimum of 7-12 Degrees pitch. The Architectural Control Committee must approve any change.

27. CITY CODE: Any conflict between the covenants and City Code, the City Code shall prevail.

28. BOAT DOCKS: All boat dock designs must be approved by the Architectural Control Committee prior to installation. Boat dock design, location, and installation must meet the requirements specified for Lake Conway, relating to state owned lakes. Any deviations must be approved in writing by the ACC.

29. MOWING LOTS: Lots must be mowed monthly during the grass growing season and kept clean of construction debris all year.

30. SEWAGE DISPOSAL SYSTEMS: All dwellings shall have a dwelling sewage system (approved by the State Health Department) designed to work in harmony with Wilhelmina Cove Subdivision Sewage Disposal System before any dwelling may be used as a residence. Individual property owners shall provide a convenient accessible location for the control panel, along with a separate circuit from the dwelling with sufficient amperage, and power to run the individual residential effluent pump and control panel. Individual property owners shall also provide an easement to the Wilhelmina Cove Property Owners Association for ingress and egress by maintenance personnel to the individual residential interceptor tanks, effluent pump, control panel, and related equipment for the purpose of maintenance and repair. Individual property owners shall be responsible for all labor costs and parts costs associated with repair of the interceptor tanks, effluent pumps, or related equipment.

30(a). The Wilhelmina Cove Property Owners Association shall be the owner/operator of the collection and treatment facilities. Wilhelmina Nabholz or her estate will operate the system by supplementing to the Property Owners Association an amount necessary to support the system until a minimum of 30 lots are conveyed to a third party.

30(b). The Wilhelmina Cove Property Owners Association will establish wastewater equipment standards based on the original design of the system, which all property owners must conform with.

30(c). The Wilhelmina Cove Property Owners Association, or an organization contracted by it, shall perform all operation, maintenance, and repair of the sewer system beginning with the septic tanks and continuing to the point of discharge into Lake Conway.

30(d). The Wilhelmina Cove Property Owners Association or its designated operator shall have a perpetual easement to enter upon the private property of any lot in the subdivision for the purpose of inspecting, servicing or repairing any septic tank, effluent pump, pressure sewer, control panel and related equipment.

30(e). Garbage grinders shall not be permitted in the homes in the subdivision.

30(f). The only effluent permitted in the sewer system shall be the domestic wastewater that is generated on-site. No other effluent shall be permitted in the sewer system.

30(g). The monthly cost for sewer treatment will be $25 and will start on the first day of the month after completion of the structure on each lot. The fees may be adjusted up or down based on actual cost of operation and maintenance.

31. WILHELMINA COVE PROPERTY OWNERS ASSOCIATION: There is hereby created a Wilhelmina Cove Property Owners Association. The Association shall make by-laws by which it shall be governed. The Association shall have the power to levy dues or assessments on the lots in Wilhelmina Cove Subdivision subject to the provisions of paragraph number 32 hereinafter.

32. MAINTENANCE DUES: All lot owners shall share equally the expense for maintaining the sewage disposal system, streetlights, and improve the subdivision for the benefit of all of the property owners.

32(a). Buyers shall be assessed an amount per month per lot owned starting on the first day of the month following completion of home. The amount shall be subject to change by the property owners and shall be paid to the Wilhelmina Cove Property Owners Association. The initial monthly dues shall be $10.00 per month per lot. The dues shall be paid in advance annually in one lump sum on or before the 1st day of January of each year. Property owners who purchase property after the 1st day of January shall be prorated that portion of the year remaining.

32(b). The Wilhelmina Cove Property Owners Association shall in its sole discretion, control the use and expenditure of the funds. The Wilhelmina Cove Property Owners Association shall have the right to collect any and all unpaid dues.

32(c). Upon default, a notice shall be filed with the Circuit Clerk of Faulkner County, at which point, a lien shall exist against the property of any and all applicable lot owners who fail and refuse to pay the dues together with a reasonable attorney's fee, the cost of the lien, and any other court costs.

32(d). If for some reason, the Wilhelmina Cove Property Owners Association determines that the dues collected from the property owners is no longer sufficient to handle the routine maintenance, or if some unexpected expense arises, it shall be the duty of the Wilhelmina Cove Property Owners Association to notify all property owners of the problem by U. S. Mail at least 10 days prior to a meeting of the Wilhelmina Cove Property Owners Association, then afterwards, three-fifths of the property owners on a one lot one vote basis must agree, before dues shall be changed.

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Return to Residential Properties Proposed Restrictions Effective September 1, 2000

Proposed Restrictions Effective September 1, 2000