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HomeMy WebLinkAboutPreliminary Plat - Approved by PC 6-24-2120' DRAINAGE EASEMENT 1 2 3 4 5 6 7 B L O C K 3 CURVE TABLE NO. DELTA CHORD BEARING RADIUS ARC C5 6°47'54" S35°21'38"E-45.52' 383.89' 45.55' C6 20°30'06" S42°12'44"E-70.95' 199.35' 71.33' C7 20°29'22" S62°42'28"E-62.25' 175.00' 62.58' C8 16°01'31" S64°56'24"E-34.85' 125.00' 34.96' C9 117°19'08" S01°43'55"W-34.16' 20.00' 40.95' C10 10°52'37" S54°57'11"W-80.69' 425.70' 80.81' BLOCK 6 LOT 1 0.466 AC. LOT 2 0.456 AC. LOT 3 0.429 AC. LOT 4 0.431 AC. LOT 5 0.359 AC. LOT 6 0.383 AC. LOT 7 0.356 AC. TOTAL 2.883 AC. TOTAL 3.3485 AC. COMMON PROPERTIES 0.466 AC. LOTTED AREA 2.883 AC. TOTAL AREA DOUGLAS J. & SHEREE MEYER 20' DRAINAGE E A S E M E N T 12 34 5 6 7 B L O C K 3 WOODED Date:REVISION DESCRIPTIONDATENOHarbor 5800 Evergreen Drive Little Rock, AR 72205 Ph (501) 663-8800 Fax (501) 588-0123 www.harborenv.com NOTES1Scale: Project Number: Drawn By: Checked By:SIENNA LAKE SUBDIVISION, BLOCK 3PART SE1/4 SEC. 29, T-1-N, R-13-W, PULASKI COUNTY, ARLOTS 1-7NOTES CONSTITUTING A PART OF THIS PLAT AND TO BE READ IN CONNECTION WITH THIS PLAT AND ALL PROPERTY REFLECTED THEREON TO THE AMENDMENT. COOPER LAND DEVELOPMENT, INC., (“DEVELOPER”), IS THE OWNER OF ALL THE REAL ESTATE REFLECTED UPON THIS PLAT, AND THIS PLAT IS FILED FOR RECORD AND RECORDED SUBJECT TO THE FOLLOWING PROVISIONS: 1. ON OCTOBER 31, 2006 THE DEVELOPER, JOINED BY THE SIENNA LAKE PROPERTY OWNERS ASSOCIATION, INC., AN ARKANSAS NON-PROFIT CORPORATION, EXECUTED A BILL OF ASSURANCE TO SIENNA LAKE SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS FOR SIENNA LAKE, A COOPER COMMUNITY (“DCR”), FILED FOR RECORD AT 1:33 P.M. ON NOVEMBER 2, 2006, IN THE OFFICE OF THE PULASKI COUNTY, ARKANSAS CIRCUIT/COUNTY CLERK, AND IS THERE RECORDED AS DOCUMENT NO. 2006086366 IN BOOK 2006, PAGE 086366; AND SUCH DCR WAS SUBSEQUENTLY SUPPLEMENTED AND/OR AMENDED BY (i) “A NOTICE OF ERRATA FOR BILL OF ASSURANCE TO SIENNA LAKE SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS FOR SIENNA LAKE, A COOPER COMMUNITY” (“PROTECTIVE COVENANTS”) DATED NOVEMBER 9, 2006 AND FILED FOR RECORD AS DOCUMENT NO. 200688708 IN BOOK 2006, PAGE 088708 AT 1:59 P.M. ON NOVEMBER 13, 2006 IN THE OFFICE OF THE PULASKI COUNTY, ARKANSAS CIRCUIT/COUNTY CLERK; AND BY (ii) THE “FIRST AMENDMENT TO BILL OF ASSURANCE TO SIENNA LAKE SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS FOR SIENNA LAKE, A COOPER COMMUNITY, CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS”, DATED FEBRUARY 11, 2009, FILED FOR RECORD AT 12:59 P.M. ON FEBRUARY 17, 2009, IN THE OFFICE OF THE PULASKI COUNTY, ARKANSAS CIRCUIT/COUNTY CLERK AS DOCUMENT NO. 2009009982 IN BOOK 2009, PAGE 009982 (“FIRST AMENDMENT TO DCR”); AND BY (iii) THE “SECOND AMENDMENT TO BILL OF ASSURANCE TO SIENNA LAKE SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS FOR SIENNA LAKE, A COOPER COMMUNITY, CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS”, DATED MAY 22, 2017, FILED FOR RECORD AT 11:11 A.M. ON MAY 31, 2017 IN THE OFFICE OF THE PULASKI COUNTY, ARKANSAS CIRCUIT/COUNTY CLERK AS INSTRUMENT NO. 2017034310 (“SECOND AMENDMENT TO DCR”) (THE DCR, PROTECTIVE COVENANTS, FIRST AMENDMENT TO DCR, AND SECOND AMENDMENT TO DCR ARE HEREINAFTER COLLECTIVELY REFERRED TO AS THE “DECLARATION”). THIS PLAT IS FILED CONTEMPORANEOUSLY WITH THE FILING OF THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS TO BILL OF ASSURANCE TO SIENNA LAKE SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS FOR SIENNA LAKE, A COOPER COMMUNITY, CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS (HEREINAFTER REFERRED TO AS “SUPPLEMENTAL DECLARATION”), EXECUTED BY THE DEVELOPER WHICH HAS THE EFFECT OF BRINGING THE LANDS REFLECTED UPON THIS PLAT WITHIN THE PROVISIONS OF THE DECLARATION AFORESAID. THE DECLARATION AND THE SUPPLEMENTAL DECLARATION IN THEIR ENTIRETIES ARE BY REFERENCE MADE A PART OF THIS PLAT. THE PROVISIONS OF THE DECLARATION AFORESAID SHALL CONTROL AS TO THIS PLAT UNLESS SPECIFICALLY STATED OTHERWISE IN THIS PLAT OR THE SUPPLEMENTAL DECLARATION. 2. THE COMMON PROPERTIES REFLECTED UPON THIS PLAT ARE INTENDED TO BE DEVOTED TO THE COMMON USE AND ENJOYMENT OF THE OWNERS OF THE LOTS REFLECTED UPON THIS PLAT AS WELL AS OWNERS OF ALL THE PROPERTIES AS SO DEFINED IN THE DECLARATION AFORESAID AND SHALL IN NO WAY BE CONSIDERED AS DEDICATED FOR USE TO THE GENERAL PUBLIC; PROVIDED, HOWEVER, THE DEVELOPER HEREBY DEDICATES TO THE CITY OF LITTLE ROCK (THE “CITY”) NON-EXCLUSIVE DRAINAGE EASEMENTS LOCATED ON COMMON PROPERTIES TRACT O BETWEEN LOTS 1 AND 2 AND BETWEEN LOTS 7 AND 8 AS DESIGNATED ON THIS PLAT, FOR STORM DRAINAGE AND STORM DRAINAGE OVERFLOW (HEREINAFTER COLLECTIVELY, “STORM DRAINAGE EASEMENTS”), WITH RIGHT OF INGRESS AND EGRESS TO AND FROM BENHAM LANE. 3. THE COMMON PROPERTIES REFLECTED UPON THIS PLAT SHALL BE MAINTAINED BY THE SIENNA LAKE VILLAGE PROPERTY OWNERS ASSOCIATION PURSUANT TO ARTICLE V OF THE DECLARATION; PROVIDED, HOWEVER, THE CITY SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO MAINTAIN THE STORM DRAINAGE EASEMENTS AND TO MAINTAIN, INSPECT, REPAIR, AND REPLACE THE STORM DRAINAGE PIPES AND APPURTENANCES THERETO INSTALLED IN THE STORM DRAINAGE EASEMENTS. THE STORM DRAINAGE EASEMENTS SHALL NOT BE OBSTRUCTED, FILLED OR FENCED. 4. RESERVED PROPERTIES REFLECTED UPON THIS PLAT ARE NOT A PART OF THIS PLAT AND ARE PARTICULARLY AND SPECIFICALLY BY THE DEVELOPER RESERVED THEREFROM AND FROM THE DECLARATION. 5. ALL WAYS OF ACCESS FOR VEHICLES REFLECTED UPON THIS PLAT ARE DEDICATED FOR PUBLIC USE AS THOROUGHFARES. 6. UTILITY AND DRAINAGE EASEMENTS ARE RESERVED BY THE DEVELOPER UPON ALL PROPERTY COVERED BY THIS PLAT PURSUANT TO ARTICLE XII OF THE DECLARATION, UNLESS SPECIFICALLY DESIGNATED OTHERWISE ON THIS PLAT OR IN THE NOTES. 7. UNLESS SHOWN OTHERWISE ON THIS PLAT, ALL LOTS PURSUANT TO ARTICLE XII OF THE DECLARATION HAVE A SEVEN AND ONE-HALF FOOT UTILITY AND DRAINAGE EASEMENT ON THE INTERIOR OF ALL LOT LINES, SUCH EASEMENTS TO BE PARALLEL WITH THE CORRESPONDING LOT LINE, AND RESERVED BY THE DEVELOPER, ITS SUCCESSORS AND ASSIGNS. 8. UNLESS SHOWN OTHERWISE ON THIS PLAT, SETBACKS FOR THE R-2 SINGLE-FAMILY DISTRICT ARE AS FOLLOWS: FRONT YARD, NOT LESS THAN TWENTY-FIVE (25) FEET; SIDE YARD, NOT LESS THAN TEN PERCENT (10%) OF THE AVERAGE WIDTH OF THE LOT, NOT TO EXCEED EIGHT (8) FEET; REAR YARD, NOT LESS THAN TWENTY-FIVE (25) FEET. IN THE CASE OF A CORNER LOT, WHEN PROVIDING A TWENTY-FIVE (25) FOOT EXTERIOR SIDE YARD, THE REAR YARD MAY BE REDUCED TO NOT LESS THAN EIGHT (8) FEET. 9. SETBACK LINES AS INDICATED UPON THIS PLAT SHALL CONTROL AS TO CONSTRUCTION OF A STRUCTURE UPON THE LOTS REFLECTED THEREON SUBJECT, HOWEVER, TO THESE PLAT NOTES AND TO THE PROVISIONS OF THE DECLARATION AFORESAID. 10. ALL LOTS REFLECTED UPON THIS PLAT ARE ZONED AS R-2 RESIDENTIAL LOTS, AND ONLY SINGLE FAMILY DETACHED STRUCTURES MAY BE BUILT AND CONSTRUCTED THEREON PURSUANT TO THE PROVISIONS, RESTRICTIONS AND PROTECTIVE COVENANTS AS CONTAINED IN THE DECLARATION AFORESAID. NO SINGLE FAMILY DETACHED STRUCTURE SHALL BE CONSTRUCTED WHICH SHALL HAVE A FLOOR SPACE OF LESS THAN 2,200 SQUARE FEET, SINGLE STORY, OR 2,500 SQUARE FEET, TWO STORY OR SPLIT LEVEL. 11. LOW PRESSURE GRINDER PUMP SEWER SYSTEM: THE SIENNA LAKE SUBDIVISION, A COOPER COMMUNITY (“DEVELOPMENT”) WILL BE SERVED BY A CENTRAL SEWER SYSTEM. THE CENTRAL SEWAGE DISPOSAL SYSTEM IN THE DEVELOPMENT WILL EMPLOY A LOW PRESSURE GRINDER PUMP METHOD OF SEWAGE COLLECTION AND TRANSMISSION. UNLESS THE BOARD OF DIRECTORS (“BOARD”) OF THE SIENNA LAKE PROPERTY OWNERS ASSOCIATION (“ASSOCIATION”) SHALL OTHERWISE ELECT, THE SERVING OF ANY LOT IN THE DEVELOPMENT BY THE LOW PRESSURE GRINDER PUMP SEWAGE SYSTEM REQUIRES INSTALLATION BY THE ASSOCIATION OF A PUMP TANK, GRINDER PUMP, AND ASSOCIATED PLUMBING AND ELECTRICAL HARDWARE (COLLECTIVELY REFERRED TO AS THE “GRINDER SYSTEM”) ON THE APPLICABLE LOT AT THE TIME OF INITIAL RESIDENCE CONSTRUCTION. IN CONNECTION THEREWITH THE APPLICABLE OWNER OR BUILDER MUST, AT SUCH OWNER'S OR BUILDER'S EXPENSE: (1) PROVIDE A SOURCE OF ELECTRICITY FROM THE RESIDENCE WIRING TO OUTSIDE THE MAIN WALL OF THE RESIDENCE WHERE THE PUMP INSTALLER MAY CONNECT ELECTRICITY FROM SUCH RESIDENCE TO THE GRINDER PUMP WIRING; AND (2) EXTEND THE PLUMBING OF THE RESIDENCE OUTSIDE THE MAIN WALL OF THE RESIDENCE FOR CONNECTION TO THE GRINDER SYSTEM INSTALLED BY THE ASSOCIATION. THE ASSOCIATION SHALL CAUSE TO BE INSTALLED, AT THE DEVELOPER'S OR OWNER'S EXPENSE, AS APPLICABLE AND AS DESCRIBED IN ARTICLE V, SECTION 1(c)(ii)(bb) OF THE DECLARATION AND IN THESE PLAT NOTES, A PUMP TANK, GRINDER PUMP AND ASSOCIATED PLUMBING AND ELECTRICAL HARDWARE (ALL SUCH EQUIPMENT IS COLLECTIVELY REFERRED TO HEREIN AS THE “GRINDER SYSTEM”) ON THE APPLICABLE LOT AT THE TIME OF INITIAL RESIDENCE CONSTRUCTION. THE COSTS OF SUCH INITIAL INSTALLATIONS SHALL BE BORNE AS FOLLOWS UNLESS AND UNTIL THE BOARD SHALL, BY RESOLUTION, OTHERWISE ELECT ANOTHER METHOD OR METHODS TO FUND SUCH COSTS: (A) FOR LOTS IN BLOCK 7 OF SIENNA LAKE SUBDIVISION (“BLOCK 7 LOTS”) AND FOR ALL FUTURE LOTS IN THE DEVELOPMENT, IF ANY (“FUTURE LOTS”), THAT ARE: (1) TO BE SERVED BY THE LOW PRESSURE SEWER SYSTEM AND THUS REQUIRE GRINDER SYSTEMS; AND (2) PURCHASED DIRECTLY FROM THE DEVELOPER, THE DEVELOPER SHALL PAY THE COSTS ASSOCIATED WITH THE INITIAL INSTALLATION OF THE GRINDER SYSTEM PROVIDED EACH OF THE FOLLOWING REQUIREMENTS IS FULLY AND TIMELY MET, WITH TIME BEING OF THE ESSENCE: (a) RECORD TITLE TO THE BLOCK 7 LOT OR FUTURE LOT IS HELD BY THE PERSON OR PERSONS, BY THE TRUSTEE OR TRUSTEES, OR BY A BUSINESS OR LEGAL ENTITY THAT ORIGINALLY PURCHASED SUCH LOT DIRECTLY FROM THE DEVELOPER (“ORIGINAL RECORD OWNER”); AND (b) CONSTRUCTION OF A RESIDENCE IS COMMENCED ON THE LOT WITHIN FIVE (5) YEARS OF THE DATE THE DEED FROM THE DEVELOPER CONVEYING TITLE TO SUCH LOT TO THE ORIGINAL RECORD OWNER WAS RECORDED IN THE OFFICE OF THE PULASKI COUNTY, ARKANSAS CIRCUIT/COUNTY CLERK (“DEED RECORDING DATE”); AND (c) A CERTIFICATE OF OCCUPANCY IS ISSUED BY THE CITY OF LITTLE ROCK, ARKANSAS FOR THE RESIDENCE ON SUCH LOT WITHIN SIX (6) YEARS OF THE DATE OF THE DEED RECORDING DATE. IF ALL REQUIREMENTS IN ARTICLE V, SECTION 1(c)(ii)(bb) OF THE DECLARATION AND AS STATED IN THESE PLAT NOTES ARE NOT FULLY AND TIMELY MET, THE DEVELOPER'S OBLIGATION TO PAY COSTS ASSOCIATED WITH THE EQUIPMENT AND INSTALLATION OF THE INITIAL GRINDER SYSTEM ON SUCH LOT SHALL CEASE, THE APPLICABLE OWNER SHALL BE SOLELY RESPONSIBLE FOR ALL SUCH COSTS ASSOCIATED WITH THE INITIAL INSTALLATION OF THE GRINDER SYSTEM ON SUCH LOT AS SUCH OWNER'S SOLE COST AND EXPENSE, AND THE DEVELOPER SHALL HAVE NO LIABILITY OF ANY KIND OR CHARACTER THEREFOR. (B) IF AN OWNER BECOMES RESPONSIBLE FOR PAYMENT OF ALL COSTS ASSOCIATED WITH THE INITIAL INSTALLATION OF THE GRINDER SYSTEM ON HIS, HER OR ITS LOT PER THE TERMS AND CONDITIONS OF ARTICLE V, SECTION 1(c)(ii)(bb) OR ANY OTHER SECTION, TERM OR CONDITION OF THE DECLARATION, THE ASSOCIATION SHALL PAY, ON AN INITIAL BASIS AND ON BEHALF OF THE APPLICABLE OWNER, ALL COSTS OF THE INITIAL GRINDER SYSTEM AND INSTALLATION OF SAID INITIAL GRINDER SYSTEM AND SHALL ASSESS ALL SUCH COSTS TO THE OWNER AS A SPECIFIC ASSESSMENT OR, IN THE BOARD'S DISCRETION AND AS THE BOARD DEEMS APPROPRIATE, OTHERWISE COLLECT SUCH COSTS FROM THE APPLICABLE OWNER BY ANY OTHER METHOD THE BOARD MAY DETERMINE. PROMPT AND FULL REIMBURSEMENT OF THE ASSOCIATION, PURSUANT TO SUCH ASSESSMENT OR OTHER METHOD OF COLLECTION, OF ALL COSTS OF THE INITIAL GRINDER SYSTEM AND INSTALLATION OF SAID INITIAL GRINDER SYSTEM UPON SUCH OWNER'S LOT SHALL BE THE APPLICABLE OWNER'S INDIVIDUAL RESPONSIBILITY AND SOLE EXPENSE. SUCH OWNER'S FAILURE TO REIMBURSE THE ASSOCIATION, TIMELY AND FULLY, FOR ALL SUCH COSTS INCURRED SHALL FURTHER GIVE THE ASSOCIATION THE RIGHT TO FILE A LIEN OR LIENS UPON THE APPLICABLE LOT OR LOTS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE DECLARATION AND/OR TO PURSUE ANY OTHER LEGAL AND EQUITABLE REMEDY AVAILABLE UNDER APPLICABLE LAW. THE OWNER UPON WHOSE LOT THE GRINDER SYSTEM IS INSTALLED WILL OWN THE GRINDER SYSTEM, ONCE INSTALLED, AND AS INSTALLED SUCH GRINDER SYSTEMS SHALL NOT CONSTITUTE COMMON PROPERTY. THE ASSOCIATION SHALL THEREAFTER BE RESPONSIBLE, ON BEHALF OF BOTH THE ASSOCIATION AND THE APPLICABLE OWNER, FOR MAINTENANCE OF THE GRINDER SYSTEM ONCE INSTALLED AND SHALL THEREAFTER MAINTAIN, REPAIR AND, IF NECESSARY, REPLACE, UTILIZING IN DOING SO ANY INSTALLATION OR EQUIPMENT WARRANTIES WHICH MAY EXIST, THE GRINDER SYSTEM, ALL OF WHICH SHALL OCCUR AT THE EXPENSE OF THE APPLICABLE OWNER. THE ASSOCIATION SHALL PAY, ON AN INITIAL BASIS AND ON BEHALF OF THE APPLICABLE OWNER, ALL COSTS OF THE GRINDER SYSTEM'S MAINTENANCE, REPAIR AND, IF NECESSARY, REPLACEMENT, AND MAY ASSESS ALL SUCH COSTS TO THE OWNER AS A SPECIFIC ASSESSMENT OR, IN THE BOARD'S DISCRETION AND AS THE BOARD DEEMS APPROPRIATE, OTHERWISE COLLECT SUCH COSTS FROM THE APPLICABLE OWNER BY ANY OTHER METHOD THE BOARD MAY DETERMINE. PROMPT AND FULL REIMBURSEMENT OF THE ASSOCIATION, PURSUANT TO SUCH ASSESSMENT OR OTHER METHOD OF COLLECTION, OF ALL COSTS OF GRINDER SYSTEM MAINTENANCE, REPAIR AND REPLACEMENT UPON A LOT SHALL BE THE APPLICABLE OWNER'S INDIVIDUAL RESPONSIBILITY AND SOLE EXPENSE. SUCH OWNER'S FAILURE TO REIMBURSE THE ASSOCIATION, TIMELY AND FULLY, FOR ALL SUCH COSTS INCURRED SHALL FURTHER GIVE THE ASSOCIATION THE RIGHT TO FILE A LIEN OR LIENS UPON THE APPLICABLE LOT OR LOTS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE DECLARATION AND/OR TO PURSUE ANY OTHER LEGAL AND EQUITABLE REMEDY AVAILABLE UNDER APPLICABLE LAW. THE ASSOCIATION AND ITS DESIGNATED AGENTS OR EMPLOYEES SHALL HAVE THE RIGHT TO ENTER UPON ANY LOT OR OTHER PARCEL OF LAND TO PERFORM THOSE ACTS NECESSARY FOR THE INSTALLATION, OPERATION, INSPECTION, REPAIR, MAINTENANCE, AND REPLACEMENT OF THE ON-LOT GRINDER SYSTEMS. NOTWITHSTANDING ANY CONTRARY PROVISION OF ARTICLE V, SECTION (1)(c) OF THE DECLARATION OR ANY OTHER SECTION OF THE DECLARATION, NOTHING IN THE DECLARATION SHALL PROHIBIT OR BE DEEMED OR CONSTRUED TO PROHIBIT OR LIMIT THE BOARD OF THE ASSOCIATION FROM CHANGING, IN WHOLE OR IN PART, THE OPERATION OF THE LOW PRESSURE SEWER SYSTEM, THE ASSOCIATION'S OBLIGATIONS REGARDING THE LOW PRESSURE SEWER SYSTEM, THE METHOD OF FUNDING SUCH OBLIGATIONS, OR ANY OTHER ASPECT OF THE ASSOCIATION'S ACTIVITIES AND RESPONSIBILITIES REGARDING THE LOW PRESSURE SEWER SYSTEM. THE BOARD SHALL HAVE THE WIDEST POSSIBLE LATITUDE IN DETERMINING THE BEST INTEREST OF THE ASSOCIATION REGARDING THE LOW PRESSURE SEWER SYSTEM AND ITS OPERATION, BOTH AS TO THE ASSOCIATION AS A WHOLE AND AS TO INDIVIDUAL LOT OWNERS. 12. THE DEVELOPER, ITS SUCCESSORS AND ASSIGNS, HEREBY RESERVES A PERPETUAL BLANKET EASEMENT, PRIVILEGE AND RIGHT IN, UPON, OVER AND ACROSS THE COMMON PROPERTIES REFLECTED HEREON, IF ANY, FOR PURPOSES OF CONSTRUCTING AND MAINTAINING SUCH ROADS, STREETS OR HIGHWAYS AS IT SHALL DETERMINE TO BE NECESSARY OR DESIRABLE IN ITS SOLE DISCRETION, INCLUDING SUCH CUTS, GRADING, LEVELING, FILLING, DRAINING, PAVING, BRIDGES, CULVERTS, RAMPS AND ANY AND ALL OTHER ACTIONS OR INSTALLATIONS WHICH IT DEEMS NECESSARY OR DESIRABLE FOR SUCH ROADS, STREETS OR HIGHWAYS TO BE SUFFICIENT FOR ALL PURPOSES OF TRANSPORTATION AND TRAVEL. THE WIDTH AND LOCATION OF THE RIGHT OF WAY FOR SUCH ROADS, STREETS OR HIGHWAYS SHALL BE WITHIN THE SOLE DISCRETION OF DEVELOPER, ITS SUCCESSORS AND ASSIGNS, PROVIDED, HOWEVER, THAT DEVELOPER, ITS SUCCESSORS AND ASSIGNS, WILL USE ITS BEST EFFORTS CONSISTENT WITH ITS PURPOSES TO LESSEN ANY DAMAGE OR INCONVENIENCE TO IMPROVEMENTS WHICH HAVE THERETOFORE BEEN LOCATED UPON THE PROPERTY. DEVELOPER, ITS SUCCESSORS AND ASSIGNS, FURTHER RESERVES THE UNRESTRICTED AND SOLE RIGHT AND POWER OF DESIGNATING SUCH ROADS, STREETS OR HIGHWAYS AS PUBLIC OR PRIVATE AND OF ALIENATING AND RELEASING THE PRIVILEGES, EASEMENTS AND RIGHTS RESERVED HEREIN. 13. IN THE EVENT IT BECOMES NECESSARY TO AMEND THIS PLAT SUBSEQUENT TO THE RECORDATION HEREOF FOR CORRECTION OF SCRIVENER ERRORS HEREON, THE DEVELOPER HEREBY RESERVES THE RIGHT TO DO SO UNILATERALLY, PROVIDED, HOWEVER, THAT ANY AMENDMENT WHICH MAY AFFECT THE OWNERSHIP INTEREST OF ANY THIRD PARTY SHALL NOT BE EFFECTIVE WITHOUT THE WRITTEN CONSENT OF SAID THIRD PARTY DATED THIS ______________DAY OF ____________, 2020 COOPER LAND DEVELOPMENT, INC. BY __________ TITLE: JODY LATHAM, PRESIDENT APPROVED BY PC 6-24-21