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Home My WebLink About28--93 RESOLUTION• • • RESOLUTION NO. 28-93 A RESOLUTION APPROVING THE AMENDED SUBDIVISION COVENANTS FOR SEQUOYAH SOUTH SUBDIVISION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves the Amended Subdivision Covenants for Sequoyah South Subdivision. A copy of the Amended Covenants are attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 17th day of February , 1993. ATTEST: SyerA) Sherry Thomas, City Clerk APPROVED: By: William P. (Bill) Watkins 111 ATTORNEY AT LAW OF William P. Watkins, 111, P.A. 316 W. POPLAR TELEPHONE (501) 636-2168 ROGERS, ARKANSAS 72756 Fax (501) 636-6098 • • WILLIAM P. (BILL) WATKINS 111 JOHN R. SCOTT J. SCOTT GREEAR William P Watkins, Ill, P.A. ATTORNEYS ATLAW 318 W. POPLAR ROGERS, ARKANSAS 72756 May 26, 1993 Planning Department City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 RE: Sequoyah South, Phase I Dear Alett: ,l\ 93 TELEPHONE (501) 636-2168 FACSIMILE (501)636-6098 Enclosed please find a photocopy of the file marked Amended Declaration of Covenants regarding the above referenced subdivision. Thanks for your help on all this. If you have any questions about this, please feel free to contact me. Sincerely, WILLIAM P. WATRIfTS, III, P.A. i s WPW:dcb Enclosures cc: Mr. Darrell Robison w/Enc. 14; • fbjA- • FILED F''R RECORD '9314flY 24 PM 1 13 AMENT)EA DECLARATION OF COVENANT 1s3TiN CO AR IEYER CONDITIONS AND RESTRICTIONS OP i SEOUOYAH SOUTH. PHASE I KNOW ALL MEN BY THESE PRESENTS: THESE Amended Declarations are executed and recorded pursuant to Article 10, Section 3, of the original Declaration of Covenants, s.Conditions and Restrictions of Sequoyah South, Phase I, executed April 25, 1983, and recorded April 25, 1983, in Real Estate Record 1077 at page 549, of the Washington County real estate records. Pursuant to said section, the Declaration of Covenants, Conditions 3 K�� and Restrictions are hereby executed by Prestige Properties, an Arkansas partnership, and Robert S. Oliver and Virginia H. Oliver, who, collectively, state and certify that they are the owners of at least 90% of the properties encompassed in Sequoyah South, Phase, I. Y SAID Declaration of Covenants, Conditions and Restrictions are hereby amended, revised and declared to be as follows: 1. Land Use and Building Type. All lots within Sequoyah South, Phase I are hereby designated for use as multi -family apartment units as provided under the Fayetteville City Code governing Sequoyah South, Phase I. No building or structure of any sort may be ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot, except as may be necessary for purposes of managing properties within the subdivision. Sequoyah South, Phase I, is hereafter, no longer a planned unit development. 2. Building Limitations. Building, architectural and design specifications shall be in accordance with those set forth in the Fayetteville City Code as above referenced. No dwelling structure shall be constructed upon any lot within Sequoyah South, Phase I consisting of individual residences of less than 900 square feet. In addition, compliance with the above referenced City Code section shall be judged and determined and require the prior approval of an architectural control committee (as hereinafter set forth), which shall view all plans and specifications for all structures prior to construction and be given the power to amend or alter any such designs or specifications prior to approval for construction in Sequoyah South, Phase I. The specifications and requirements of the above mentioned Fayetteville City Code sections are designed as the minimum requirement for architectural and 1 93 27552 design specifications and may where not inconsistent, by the same shall be binding in its construction. • be supplemented from time to time, architectural control committee, and requirements for approval prior to 3. Architectural Control Committee. The Architectural Control Committee for Sequoyah South, Phase I, shall consist of the partners of Prestige Properties, an Arkansas partnership, whomever they may be at any given time, and Robert S. Oliver and Virginia H. Oliver. The members of the Architectural Control Committee shall serve for 15 years, and thereafter as replaced by an election of the majority of the Lot owners (1 Lot - 1 Vote) in Sequoyah South, Phase I. 4. Home Occupations. Home occupations as defined by the Fayetteville City Code shall be prohibited. 5. Yard Space Restrictions. Yard space restrictions shall be as allowed by the Fayetteville City Code as it relates to multi- family apartment units in effect on this date. Appropriate setback restrictions as established by the Fayetteville City Code for the multi -family residential unit constructed upon any such lot shall be applicable. 6. Signs. No signs, either permanent or temporary, of any kind, shall be placed or erected on any property, except that a single sign of not more than five (5) square feet in size may be permitted upon property to advertise the same for rent. Provided further, however, the developer, Prestige Properties, an Arkansas partnership and Robert S. Oliver and Virginia H. Oliver, hereby reserve the right to construct a sign to designate the name of the subdivision, and to advertise same and restrictions on size and location shall not apply to said sign or signs. 7. Greenspace Preservation and Maintenance. Further development within Sequoyah South, Phase I, shall be restricted to existing platted lots and all greenspace provided for in the existing plat of said subdivision shall be preserved and maintained. The developers, Prestige Properties, an Arkansas partnership, and Robert S. Oliver and Virginia H. Oliver, or their successors and assigns, shall be perpetually responsible for maintenance of said greenspace until specifically relieved of said obligation by the City of Fayetteville, Arkansas. 2 93 27553 • 8. Maintenance of Private Streets. That certain street located within said subdivision and designated as Sequoyah Court is hereby declared to be a private drive and the developers of said subdivision, Prestige Properties, an Arkansas partnership, and Robert S. Oliver and Virginia H. Oliver, or their successors and assigns, shall be perpetually responsible for maintenance of said private street, or any other private street within said subdivision, until specifically released from said obligation by the•City of Fayetteville, Arkansas. 9. Incorporation of Prior Covenants. Article 9, Sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of the original Declaration of Covenants, Conditions and Restrictions as referred to above are hereby incorporated by reference as if set forth word for word. 10. Violations. In the event of any violation or attempt to violate any of the covenants or restrictions herein before the expiration date hereof (whether the original expiration date or the expiration date of any extensions thereof) it shall be lawful for any person or persons owning any lots in this subdivision to prosecute any proceedings at law or in equity against a person or persons violating or attempting to violate such covenants or restrictions, and either to prevent him or them from so doing and/or to recover damages for such violations. 11. Revocation of Planned Unit Development Status. The planned unit development status of Sequoyah South, Phase I is hereby specifically revoked and all reference thereto in any portion of the original Declaration of Covenants, Conditions and Restrictions which may be or may have been incorporated herein is hereby specifically deleted. 12. Severability. Invalidation of any one of these covenants and restrictions by judgment or Court order shall in no way affect any other provisions which shall remain in full force and effect. 13. Amendment. Article 10, Section 3 of the original Declaration of Covenants, Conditions and Restrictions is hereby incorporated by reference as if set forth word for word. 14. Dedications. No portion of this Amended Declaration of Covenants, Conditions and Restrictions shall be interpreted to in any way affect any declaration of public rights-of-way, utility easements or streets contained in the original Declaration of Covenants, Conditions and Restrictions. 3 93 27554 • • 15. Enforcement by City of Fayetteville. A. The City of Fayetteville shall be and is hereby declared to be a third party beneficiary to these covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of other parties hereto. In the event the private streets are not maintained as required herein, the City shall have the right (but shall not be required) to maintain said streets and to charge the costs thereof to the developers within the subdivision shall have a lien on the real property within the development for such costs. B . The City of Fayetteville shall have the right to use all private streets for purposes of providing fire and police protection, sanitation services and any other municipal functions. C. No encroachment on, reduction of or modification to the open space required shall be made without prior approval of the Fayetteville City Council irrespective of the vote of the other parties to these covenants. The City of Fayetteville shall have the right to enforce the requirements for open space irrespective of the vote of other parties to these covenants. D . In the event private open space is not maintained as required herein, the City shall have the right (but shall not be required) to maintain said open space and to charge all maintenance costs incurred by the City to the developers within the development and shall have a lien on the real property within the development for such costs. E . These covenants shall not be amended or terminated without the approval of such amendment or termination by the Fayetteville City Council. 16. Approval of Fayetteville City Council. This Amendment Declaration of Covenants, Conditions and Restrictions of Sequoyah South, Phase I, is executed with the approval of the Fayetteville City Council. 17. Entirety of Covenants. This amended Declaration of Covenants, Conditions and Restrictions is hereby declared to be the entire Declaration of Covenants, Conditions and Restrictions and, except as where specifically referred to or incorporated by reference herein, is intended and hereby declared to entirely replace the original Declaration of Covenants, Conditions and Restrictions as executed April 25, 1983, and recorded April 25, 1983, in Book 1077 at page 549 of the Washington County real estate records. 4 93 27555 • 1 • • IN WI NESS WHEREOF we have hereunto day of,, ��..,� 1993. Owners of Lotsi�2�27 and 28, Phase I, Sequoyah R BERT OLIVER set our hands this /c( y�tai:t) . OiL0-12- VIRGIN'11A H. OLIVER Woods South Owners of Lots 15 through 26, Phase I, equoyah Woods,$outh TIGE PROPERTIE An Arkansas Partn OUart., APPROVED: ip C0 A PATRICIA A. 087SON CITFE OF FAYETTEVILLE,/�ARKANSAS ATTEST: ~2� . L ee,1t4,#) ACKNOWLEDGMENT STATE OF ARKANSAS) s COUNTY OF ) ON THIS DAY before the undersigned, qualified and acting in and for the County 5 a Notary Public, duly and State aforesaid, 93 2'7556 • • • • personally appeared Robert S. Oliver and Virginia H. Oliver, to me well known or satisfactorily proven to be the parties in the foregoing instrument and stated that they had executed the above and foregoing instrument for the consideration, uses and purposes therein stated. SS WHEREOf, I have hereunto set my hand and seal on of c-} ivt w , 199- STATE 993 STATE OF ARKANSAS) )ss COUNTY OF BENTON ) zi NOARY✓PUBL1C ACKNOWLEDGMENT ON THIS DAY before the undersigned, a Notary Public, duly qualified and acting in and for the County and State aforesaid, personally appeared Darrell L. Robison, Patricia A. Robison, Jack H. Donahoe and Nancy L. Donahoe, for and on behalf of Prestige Properties, an Arkansas partnership, to me well known or satisfactorily proven to be the parties in the foregoing instrument and stated that they had executed the above and foregoing instrument for the consideration, uses and purposes therein stated. IN , •khWHEREO , I have hereunto set my hand and seal on this ° .4&y.' of 9.(.G�. , 1993. ., .�YF(',-.' �'. / yMMy eomi i%son'Expiiesi * Y : knoIIT.i M•I NOT 6 a/ 93 27557