RESTRICTIVE COVENANTS 

SECOND ADDITION TO RIVER RIDGE SUBDIVISION LOTS 70-72

1.  SCOPE OF APPLICATION.  These covenants shall apply in their entirety to the area now known and described as Second Addition River Ridge Subdivision, Independence County, Arkansas, hereinafter "Addition", as shown on the plat of record in the office of the Recorder of Independence County, Arkansas, in Book 2006, at Page 1751.

2.  LAND USE AND BUILDING TYPES.  No lot in the Addition shall be used for any other purpose than single-family residential housing, and no more than one single-family residence shall be erected or placed on each lot.  No lot may be split for the purpose of erecting more than one single family residence thereon.  No business or commercial use shall be carried on or permitted in any structure on in any portion of the Addition, except such legally conducted by family members of lot owners by telephone or internet from the privacy of each owner's detached single-family dwelling, hereinafter "Main Residence", all this in keeping with the general plan to develop the property exclusively for residential occupancy.

3. DWELLING SIZE AND QUALITY.  The Main Residence on all lots shall be a minimum of one thousand eight hundred (1,800) square feet in heated living space, not counting garage and basement space.  Each Main Residence shall have a private garage, either attached or detached, of sufficient size to store not less than two automobiles.  Carports may be attached to the Main Residence or detached garage for the storage of one additional vehicle.  The Main Residence shall not be a unit of manufactured housing, mobile home, or any similar structure.  A minimum of thirty-three percent (33%) of the outside wall area of the Main Residence must be constructed of brick or stone.  No accessory out buildings shall be permitted in the Addition except those that are compatible in design, style, construction and appearance with each lot's Main Residence.  Pre-built or prefabricated metal buildings are specifically prohibited for use as accessory out buildings in the Addition.  Cabana structures may be constructed within the building area on any lot when used in connection with a swimming pool; the interior area of such cabanas not being included in the determination of minimum Main Residence size.

4.  GENERAL RESTRICTIONS. 

A)  No noxious, offensive or illegal activities shall be carried on in any lot or location in the Addition, nor shall anything be done thereon which may be or become an annoyance or nuisance within the River Ridge Subdivision.

B)  All lots will be kept neat, clean, and free of unsightly trash.  Grass, weeds and vegetation shall be kept mowed and cleared at regular intervals on each lot by its owner so as to maintain the lot in a neat and attractive manner.  No debris shall be allowed to accumulate on any lot.  Following clearance of each lot for the construction of its Main Residence dead trees, shrubs, vines and plants shall be removed promptly.  Undeveloped lots prior to sale to persons intending to build a Main Residences in the Subdivision need not be cleared, but prompt trash removal shall be observed in all cases.

C)  No manufactured housing, tent, or mobile home shall be erected on any lot in the Subdivision, except for temporary use by construction contractors.  Tents used for recreational purposes are permitted only for short durations.  Permanent storage of recreational vehicles is allowed only in garages or the single allowed carport on each lot.  Travel trailers, camper trailers, motor homes, buses, trucks larger than one and one-half tons, tractors and similar vehicles shall not be stored or parked in front, side or rear yards on a permanent basis.  For purposes of this provision, permanent means any use which extends for a continuous period in excess of two (2) weeks or an aggregate per year of four (4) weeks.  Small vehicles and outdoor items such as dune buggies, golf carts, lawn maintenance equipment, ATVs and boats shall be stored inside garages, carports or storage buildings so as not to be visible from the street.

D)  No signs, billboards, posters or advertising devices shall be permitted in the Addition except for family mailboxes, real estate "For Sale" signs should a lot be offered for sale by its owners, and temporary, one day signs directing visitors to an lot owner's home for recreational or real estate sale purposes.  The owner of each lot may place house numbers and family member names upon the regulation postal mailbox for each lot or upon the Main Residence, such signs to be discrete and in keeping with the decorum of the Addition.  Real estate advertising signs shall not be more than four (4) square feet in size, and only one sign shall be allowed per lot.

E)  No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, excepting dogs, cats or other household pets that may be kept provided that they are not kept, bred or raised for commercial purposes.  The number of such household pets shall not be allowed to reach the point where they become pests or nuisances in the Subdivision.

F)  No trash, ashes, or other refuse may be dumped on any lot in the Subdivisions.

G)  No building material of any kind or character may be placed or stored on any lot until the respective owner is ready to commence construction requiring such materials.  Building materials may not be placed or stored within the fifty (50) foot wide roadway easements.

H)  No tractor trailer rigs or semi-trailers may be parked on the streets in the Subdivision.

5.  BUILDING LOCATION.  No structure or building shall be located nearer than fifty (50) feet to the front line of any lot or any county road.  No structure shall be permitted within ten (10) feet of any lot line.  The sole exception to these rules shall be the placement of mailboxes that are required by postal regulation to be in the line of travel on county roads.

6.  DIVISION OF LOTS.  A "lot" is defined as any numbered lot as shown on the plat of the Addition, together with any portion or portions of an adjacent lot or lots that comprise a single building site.  No lot shown on the plat may be subdivided into more than one lot, but lot lines may be adjusted between adjacent lots to enable the creation of lots that support building sites.

7.  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 referenced plats.  Roadway easements are fifty (50) feet as shown on the referenced plat.  Utility easements are fifteen (15) feet from and along road easements.

8.  DEDICATION OF STREETS AND EASEMENTS.  The owner does hereby dedicate to public use forever all streets of the width, length and location set out in the plat referenced above.  Persons, firms or corporations engaged in supplying electric power, gas, telephone and water shall have the right to use and occupy said easements of way and streets for the installation, maintenance, repair and replacement of such utility services.  The agents, servants and employees of any parties giving any utility service shall have the right of ingress to and from and in, over and across said easements and no improvements, trees, fences, or other hindrances shall be placed upon such easement area that will interfere with the operation and maintenance of such utility service.  In the event such improvements, trees, fences, or other hindrances are grown, built or maintained within the areas of such easements, no utility shall be liable for the destruction or repair of same.  There shall be no amendment of the Bill of Assurance or Plat affecting streets or utility easements either by termination or amendment unless such change has been agreed to by each utility having facilities situated in the Addition.

9.  PERSONS BOUND BY THESE COVENANTS.  All persons and legal entities who now own or shall hereafter acquire any of the lots in the Addition shall be deemed to have agreed and covenanted with the owners of all other lots in the Addition and with all heirs, successors and assigns to conform to and observe the restrictions, covenants and stipulations contained herein for a period of fifteen (15) years from the date these covenants are recorded, and these covenants shall thereafter automatically extend in effect for successive periods of ten (10) years unless prior to the end of the original term or any successive term the application hereof the then owners of more than two-thirds (2/3) of the lots in the Addition agree to the amendment of these covenants in whole or in part.  No changes in these covenants in the manner herein set forth shall be valid unless the same shall be filed for record in the office of the Recorder of Independence County, Arkansas, duly executed and acknowledged by the owners of more than two-thirds (2/3) of the lots in the Addition.

10.  RIGHT TO AMEND.  Any and all of the covenants, provisions and restrictions set forth in this Deed of Dedication and Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in part, by a written instruction signed and acknowledged by the then Owner or owners of over two-thirds (2/3) of the lots in the Addition, and the provisions of such instrument so executed shall be binding from and after the date it is duly filed for record in Independence County, Arkansas.

11.  RIGHT TO ENFORCE.  The covenants and restrictions set forth above shall run with the title to the lots in the Addition and bind the present Owner, its 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 the owners of other lots in the Addition, their heirs, successors and assigns, and with the Owner, as to the covenants and agreements contained herein.  None shall be personally binding on any person, persons or legal entity except with respect to breaches committed during his, their or its holding of title to lots in the Addition.

Any owner or owners of lots in the Addition shall have the right to sue for and obtain in a court of equity 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 be otherwise entitled under the laws of the State of Arkansas.

The invalidation of any one of these covenants or restrictions 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.