RESTRICTIVE COVENANTS

FIRST ADDITION TO RIVER RIDGE SUBDIVISION LOTS 34-69

1.  SCOPE OF APPLICATION.  These covenants shall apply in their entirety to the area now known and described as First Addition to River Ridge Subdivision, Lots 34-69, Independence County, Arkansas, as appears on the plat of record in the office of the Recorder of Independence County, Arkansas, in Book "I" of "Large Survey" at Page 167.

2. LAND USE AND BUILDING TYPES.  No lot in the addition shall be used for any other purpose than single-family residential as that term is defined in the Municipal Zoning Ordinance.   Note: The minimum residence size is 1,500 square feet as given on the plat.  No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling and each such dwelling shall have a private garage or carport for the storage of not less than two automobiles.  No such dwelling shall contain or be constructed to contain a carport.  No business or commercial use shall be carried on or permitted in any structure or in any portion of this addition in keeping with the general plan to develop this property for the highest class of residential occupancy.  Cabana structures may be built and maintained within the building area on any lot in the addition when used in connection with a swimming pool.  The interior area of a detached cabana will not be included in the determination of the minimum dwelling sizes.  Garages shall have a minimum of 400 square feet with minimum outside dimensions of 20x20 feet.  Any outbuildings shall be permanent and shall be constructed with the same materials as the dwelling located on each lot.  No outbuildings may be constructed on any lot unless such lot contains a dwelling.  Portable outbuildings, storage sheds, and similar portable structures are expressly prohibited on any lot.

3. GENERAL RESTRICTIONS.

a)  No noxious or offensive activity and no commercial activities of any kind shall be carried on upon any lot in this addition, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.  Lot 69 may be used for the purposes of a "quiet" commercial business.

b)  No manufactured housing, trailer, mobile home, tent or shack shall be erected on any lot in this subdivision, temporary or permanently, except for temporary use by construction contractors only.  Tents used for recreational purposes of a short duration shall not be considered as excluded by this provision.  Barns or outbuildings may be constructed no closer than 300 feet to any border of the lot.

c)  No signs, billboards, posters or advertising devices shall be permitted upon any of the lots in this addition except that the owner of each lot may place house numbers and the owner's name upon his or her mail box or dwelling; however, each letter thereof shall be no more than 6 inches in height and 6 inches in width; and owners may place a sign not more that 4 square feet in size advertising the property for sale should it be offered for sale by the owners.

d)  No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot.  Dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes.  Horses may be kept on lots 63-69, so long as they are enclosed in a fenced area.

e)  No trash, ashes or other refuse may be thrown or dumped on any of the lots of the addition.

f) No building material of any kind or character shall be placed or stored upon any lot in the addition until the owner is ready to commence construction of the improvements requiring such materials.  Building materials shall not be placed or stored in the street or between the curb and property lines.

g)  All garages facing the street shall be finished inside and shall be fully enclosed with garage doors.

h)  All driveways in the addition shall consist of a hard surface acceptable to the Committee and driveways of less than 18 feet in width and 50 feet in length will be discouraged.

i)  No trucks, mail carts, dune buggies, golf carts, mobile homes, commercial vehicles, travel trailers, campers, boats, motors or trailers shall be kept on the lot or in the street adjacent to any lot except that such items may be stored or parked inside an enclosed garage or similar enclosure so screened with fencing or plant material as not to be visible from the street.

j)  Grass, weeds and vegetation shall be kept mowed and cleared at regular intervals on each lot by the owner thereof so as to maintain the same in a neat and attractive manner.  No debris shall be allowed to accumulate upon any lot.  Dead trees, shrubs, vines and plants shall be promptly removed from each lot.  The Homeowners Association shall have the right, privilege and option to cause any unkempt lots to be mowed and to remove dead trees, plants or other vegetation and debris from such lot if, after ten days' notice in writing, from the Homeowners Association to the owner, the owner has failed or neglected to do so, and the Homeowners Association shall be entitled to a lien on such lot for the cost of such work.

k)  Each lot owner shall provide and maintain a light located in the vicinity of the intersection of the driveway and street, which light shall be in all respects in accordance with the requirements of the Architectural control Committee.

4.  BUILDING LOCATION.  No building shall be located on any lot nearer to the front lot line than thirty (30) feet, with the exception of barns and storage buildings mentioned in paragraph 3(b) above.  Side yards shall be maintained between the side lot lines and the building line of not less than ten (10) feet.  No building will be permitted or constructed nearer than twenty-five (25) feet to the rear property line of any lot with the exception of barns or storage buildings mentioned in paragraph 3(b) above.

5.  DIVISION OF LOTS.  A "lot" as that word is used herein shall consist of a numbered lot as shown on the plat of the addition, together with any portion or portions of an adjacent lot or lots comprising a single building site.  No lot shown on the plat may be subdivided into more than one lot.

6.  EASEMENTS.  No recorded easement shall be used by any company or person, other than the owner of the affected lot or lots, for any purpose other than those designated on the plat of the addition.

7.  PERSONS BOUND BY THESE COVENANTS.  All persons or corporations who now own or shall hereafter acquire any of the lots in this addition shall be deemed to have agreed and covenanted with the owners of all other lots in this addition and with its or their heirs, successors and assigns to conform to and observe the restrictions, covenants and stipulations contained herein for a period of 25 years from the date these covenants are recorded, and these covenants shall thereafter automatically extend in effect for successive periods of 10 years unless prior to the end of the original term or any successive term of the application hereof a majority of the then owners of lots in the addition agree to the amendment or removal of these covenants in whole or in part.  These covenants may be amended at any time by the owners of 80% of the lots in the addition.  No changes in these covenants in the manner herein set forth shall be valid unless the same shall be placed of record in the office of the Recorder of Independence County, Arkansas, duly executed and acknowledged by the requisite number of owners. 

8.  RIGHT TO ENFORCE.  The covenants, agreements and restrictions herein set forth shall run with the title to the lots in this addition and bind the present owners, their heirs, successors and assigns, future owners and their heirs, successors and assigns; and all parties claiming by, through or under them shall be taken to hold, agree and covenant with their owners or other lots in the addition, their heirs, successors and assigns, as to covenants and agreements herein set forth and contained.  None shall be personally binding on any person, persons, or corporations except with respect to breaches committed during its, his or their holding of title to lots in the addition.  Any owner or owners of lots in this Addition shall have right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of any of the covenants, agreements or restrictions contained herein together with any other rights to which they might otherwise be entitled under the laws of the State of Arkansas.  The invalidation of any one of these covenants, restrictions or agreements herein contained by the order of a court of competent jurisdiction shall in no way affect any of the other provisions hereof which will remain in full force and effect.