HomeMy WebLinkAboutBill of Assurance 021423Instrument# 2020077706 Page 1 of 12
IIIIII III IIIIIIIIIIIIIIIIII 11111111111111111 2020077706
PRESENTED: 11-19-2020 12:14:37 PM RECORDED: 11-19-2020 12:18:33 PM
In Official Records of Terri Hollingsworth Circuit/County Clerk S
PULASKI CO, AR FEE $70.00
Prepared by: Friday, Eldredge & Clark
400 W. Capitol, Suite 2000
Little Rock, AR 72201
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS: � �7- Zp;?Pp v V 7
THAT, WHEREAS, POTLATCHDELTIC REAL ESTATE, LLC (hereinafter called
"PotlatchDeltic"), is the owner of the following property:
PART OF SECTION 3, T-1-N,R-14-W & SECTION 34, T-2-N,R-14-W, PULASKI COUNTY,
ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3; THENCE
S03003'46"W ALONG THE EAST LINE OF SECTION 3, A DISTANCE OF 124.50 FEET TO A
POINT ON THE CENTERLINE OF KANIS ROAD, AS DESCRIBED ON PLAT OF CHENAL
DOWNS (INSTRUMENT NO.98-034755, RECORDS OF PULASKI COUNTY, ARKANSAS).
THENCE ALONG SAID CENTERLINE, S74°33'15"W, 385.64 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE THE FOLLOWING
COURSES: (1) S74033' 15"W,134.83 FEET; (2) ALONG THE ARC OF A 918.63 FOOT RADIUS
CURVE TO THE RIGHT, HAVING A CHORD BEARING OF N79°50'39"W AND CHORD
DISTANCE OF 793.90 FEET; (3) N54°14'33"W, 771.07 FEET; THENCE LEAVING SAID
CENTERLINE N35045'08"E, 45.00 FEET; THENCE N21 °49'31 "E, 463.90 FEET; THENCE
S64°27'19"E, 199.75 FEET; THENCE S37°23'57"E, 50.00 FEET; THENCE ALONG THE ARC
LENGTH OF A 50.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CHORD BEARING
OF S39004'22"W AND'CHORD DISTANCE OF 23.39 FEET; THENCE S25°32'41"W, 51.96
FEET; THENCE S54°14'52"E, 453.41 FEET; THENCE S59°13'19"E, 47.40 FEET; THENCE
S66043'13"E, 378.68 FEET; THENCE S77°34'02"E,150.45 FEET; THENCE ALONG THE ARC
OF A 125.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CHORD BEARING OF
S 11 ° 10'26"W AND CHORD DISTANCE OF 25.01 FEET; THENCE S73 °05' 16"E, 50.00 FEET;
THENCE ALONG THE ARC OF A 175.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING
A CHORD BEARING OF S32033'08"W AND CHORD DISTANCE OF 94.36 FEET; THENCE
S41 °48'28 "E, 110.00 FEET; THENCE S 14°23'22"E, 60.44 FEET; THENCE ALONG THE ARC
OF A 773.63 FOOT RADIUS CURVE TO THE LEFT, HAVING A CHORD BEARING OF
N75001'37"E AND CHORD DISTANCE OF 12.76 FEET; THENCE N74°33'15"E, 180.39 FEET
TO A POINT ON THE WESTERN LINE OF PROPERTY BEING THE EASTERN 370.23, OF
THE NE1/4 NE1/4, SAID SECTION 3, LYING NORTH OF KANIS ROAD; THENCE
13826.0005/8098192
,Instrument# 2020077706 Page 2 of 12
S01059'51"W ALONG SAID WESTERN LINE, A DISTANCE OF 151.99 FEET BACKTO THE
POINT OF BEGINNING. CONTAINING 15.6347 ACRES, MORE OR LESS.
LESS AND EXCEPT RIGHT OF WAY OF KANIS ROAD
Fletcher Valley an Addition to the City of Little Rock, Arkansas (the "Fletcher Valley"); and
WHEREAS, the Fletcher Ridge Neighborhood is part of the community known as Fletcher
Valley and is subject to those certain Covenants and Restrictions filed/ � /�- rwl �n the office
of the Circuit Clerk of Pulaski County as Instrument No. fawly�(the "Covenants and
Restrictions"); and
WHEREAS, PotlatchDeltic has caused to be incorporated (i) Fletcher Ridge Property
Owners Association, Inc. for the purpose of administering the maintenance of the common area and
amenities in the Fletcher Ridge Neighborhood and (ii) Fletcher Valley Property Owners Association,
Inc. for the purpose of administering the maintenance of the common areas and amenities of Fletcher
Valley; and
WHEREAS, all owners of lots within the Fletcher Ridge Neighborhood are required to be
members of the Fletcher Ridge Property Owners Association, Inc. as provided for herein and
members of Fletcher Valley Property Owners Association, Inc. as provided for in the Covenants and
Restrictions; and
WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter
mentioned, be subdivided into building lots, tracts and streets as shown on the plat filed herewith and
that said property be held, owned and conveyed subject to the protective covenants herein contained
and in the Covenants and Restrictions in order to enhance the value of the Fletcher Ridge
Neighborhood.
NOW THEREFORE, PotlatchDeltic, for and in consideration of the benefits to accrue to it,
its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a
plat showing a survey made by Daniel Havner, Registered Land Surveyor dated
and bearing a Certificate of Approval executed by the Department of
Comprehensive Planning of the City of Little Rock, and showing the boundaries and dimensions of
the property now being subdivided into lots, tracts and streets (the "Plat").
PotlatchDeltic hereby donates and dedicates to the public an easement of way on, over and
under the streets and right of way reflected on said Plat to be used as public streets. In addition to
the said streets, there are certain easements for utilities as reflected more particularly on the Plat
which PotlatchDeltic hereby donates and dedicates to and for the use of public utilities ("Public
Utilities") in accordance with further terms and conditions of this Bill of Assurance, the same being,
without limiting the generality of the foregoing, electric power, gas, telephone, water, storm
drainage, sanitary sewer and cable television with the right hereby granted to the persons, firms or
corporations engaged in the supplying of such utilities to use and occupy such easements, and to
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Instrument# 2020077706 Page 3 of 12
have free ingress and egress therefrom for the installation, maintenance, repair and replacement of
such utility services.
PotlatchDeltic hereby grants a perpetual Wooded Buffer Easement and "25' Landscape
Easement" as described on the Plat as Tracts A and D, Block 1, Fletcher Valley, an addition to the
City of Little Rock, Arkansas to the Fletcher Valley Property Owners Association, Inc. No owner of
any lot may construct any improvements within the Wooded Buffer Easement or "25' Landscape
Easement", cut any trees, plants or other natural vegetative growth within the Wooded Buffer
Easement or "25' Landscape Easement" or modify by grading or otherwise the existing contour of
the Wooded Buffer Easement or "25' Landscape Easement". without prior written consent of
PotlatchDeltic and Fletcher Valley Property Owners Association, Inc. All costs for the maintenance,
repair and replacement of the "25' Landscape Easement" and Wooded Buffer, including, but not
limited to, possible fencing built to the specifications of PotlatchDeltic and at PotlatchDeltic's sole
cost, shall be the sole responsibility of Fletcher Valley Property Owners Association, Inc.
The use of the areas designated on the Plat as Tracts B and C, Block 1, Fletcher Valley, an
addition to the City of Little Rock, Arkansas, are hereby donated and dedicated by PotlatchDeltic to
the owners, as they may exist from time to time, of lots within the Fletcher Ridge Neighborhood
with the right, subject to further terms and conditions of the Plat and this Bill of Assurance, to use
these areas for landscaping and utility easements as shown on the Plat, and the Fletcher Ridge
Property Owners Association, Inc. shall maintain such areas and improvements at its sole cost. No
improvements by any party shall be placed on the areas designated as Tracts B and C, Block 1,
Fletcher Valley, an addition to the City of Little Rock, Arkansas, unless first approved by
PotlatchDeltic, the appropriate agencies of the City of Little Rock, if necessary, Fletcher Ridge
Property Owners Association, Inc. and the Architectural Control Committee established pursuant to
the Covenants and Restrictions of Fletcher Valley.
The use of the area designated on the Plat as Tract E, Block 1, Fletcher Valley, an addition to
the City of Little Rock, Arkansas, is further hereby donated and dedicated by PotlatchDeltic to the
owners, as they may exist from time to time, of lots within the Fletcher Ridge Neighborhood with
the right, subject to further terms and conditions of the Plat and this Bill of Assurance, to use the area.
for storm drainage and pedestrian paths. The Fletcher Ridge Property Owners Association, Inc. shall
maintain such above ground areas and improvements at its sole cost. No improvements by any
party shall be placed on the area designated as Tract E, Block 1, Fletcher Valley, an addition to the
City of Little Rock, Arkansas, unless first approved by PotlatchDeltic, the appropriate agencies of
the City of Little Rock, if necessary, Fletcher Ridge Property Owners Association, Inc. and the
Architectural Control Committee established pursuant to the Covenants and Restrictions of Fletcher
Valley.
The use of the area designated on the Plat as Tract F, Block 2, Fletcher Valley, an addition to
the City of Little Rock, Arkansas, is hereby donated and dedicated by PotlatchDeltic to the owners,
as they may exist from time to time, of lots within the Fletcher Ridge Neighborhood with the right,
subject to further terms and conditions of the Plat and this Bill of Assurance, to use the area for
landscaping, United States Postal Service kiosks, Sanitary Sewer mains, Sanitary Sewer services and
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storm drainage. The Fletcher Ridge Property Owners Association, Inc. shall maintain such area and
improvements at its sole cost PROVIDED HOWEVER, NOTWITHSTANDING THE ABOVE,
ANY SANITARY SEWER SERVICE LINE IN THE TRACT SHALL BE MAINTAINED BY
THE OWNER OF THE LOT SERVED BY THE SEWER SERVICE LINE AND SANITARY
SEWER MAINS SHALL BE MAINTAINED BY THE LITTLE ROCK WATER RECLAMATION
AUTHORITY. No improvements by any party shall be placed on the area designated as Tract F,
Block 2, Fletcher Valley, an addition to the City of Little Rock, Arkansas, unless first approved by
PotlatchDeltic, the appropriate agencies of the City of Little Rock, if necessary, Fletcher Ridge
Property Owners Association, Inc. and the Architectural Control Committee established pursuant to
the Covenants and Restrictions of Fletcher Valley. PotlatchDeltic hereby reserves the exclusive
right to amend, supplement or modify this Bill of Assurance in the future to modify or adjust the size
of Tract F as part of its development of additional phases of this neighborhood.
PRIOR TO THE COMMENCEMENT OF ANY INSTALLATION OF UTILITIES WITHIN
THE UTILITY EASEMENTS REFLECTED ON THE PLAT, THE PUBLIC UTILITIES MUST
SUBMIT WRITTEN PLANS AND SPECIFICATIONS OF THE PROPOSED IMPROVEMENTS
TO THE ARCHITECTURAL CONTROL COMMITTEE FOR REVIEW AND APPROVAL.
ALL UTILITIES TO BE INSTALLED BY PUBLIC UTILITIES AFTER PLATTING OF
THE RIGHTS -OF -WAY MUST BE APPROVED PRIOR TO COMMENCEMENT OF
CONSTRUCTION BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF LITTLE
ROCK AND IF SUBSEQUENTLY INSTALLED IN THE RIGHTS -OF -WAY OR IN ANY
EASEMENT ADJACENT TO THE RIGHTS -OF -WAY SUCH INSTALLATION MUST BE AT A
DEPTH OF AT LEAST 30" BELOW THE ELEVATION OF THE ADJACENT STREET.
DEVELOPER, ITS SUCCESSORS OR ASSIGNS, HAS NO DUTY TO MAINTAIN,
REPAIR OR REPLACE ANY IMPROVEMENTS LOCATED WITHIN THE TRACTS,
INCLUDING, BUT NOT LIMITED TO, UTILITIES, LANDSCAPING AND UNITED STATES
POSTAL SERVICE KIOSKS OR WITHIN OTHER EASEMENT AREAS REFLECTED ON THE
PLAT. ALL COSTS ASSOCIATED WITH ANY SUCH MAINTENANCE, REPAIR OR
REPLACEMENT OF SUCH IMPROVEMENTS, AND ALL LANDSCAPING TREATMENTS, IS
THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE ASSOCIATION, AS MORE
PARTICULARLY REFLECTED HEREIN, TO THE EXTENT SUCH COSTS ARE NOT A
RESPONSIBILITY OF THE CITY OF LITTLE ROCK, ARKANSAS OR THE UTILITY
PROVIDER.
The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and
Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the
streets and easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as "Lots 1- 22, Block 1, Lots 1-19,
Block 2, Tracts A, B, C, D, and E, Block 1, and Tract F, Block 2, Fletcher Valley, an addition to the
City of Little Rock, Arkansas", and any and every deed of conveyance of any lot in the Fletcher
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Ridge Neighborhood describing the same by the number shown on said Plat shall always be deemed
a sufficient description thereof.
Said lands herein platted and any interest therein shall be held, owned and conveyed subject
to and in conformity with the following covenants:
1. Additions to Fletcher Ridge Neighborhood. Additional lands of PotlatchDeltic may
become subject to this Bill of Assurance and added to Fletcher Ridge Neighborhood in the following
manner: PotlatchDeltic shall have the right but not the obligation to bring within the Fletcher Ridge
Neighborhood additional properties, regardless of whether or not said properties are presently owned
by PotlatchDeltic, as future phases of the Fletcher Ridge Neighborhood, provided that such additions
generally conform with the general plan of development for the Fletcher Ridge Neighborhood (the
"Fletcher Ridge General Plan") which has been prepared prior to the date of this Bill of Assurance
and prior to the sale of any lot in the Fletcher Ridge Neighborhood and is maintained in the office of
PotlatchDeltic and provided such proposed additions, if made, become subject to assessments of the
Fletcher Ridge Property Owners Association, Inc. for their share of expenses. UNDER NO
CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Fletcher Ridge General
Plan bind PotlatchDeltic to make the proposed additions or to adhere to the Fletcher Ridge General
Plan or any subsequent development plan shown on the Fletcher Ridge General Plan. Nor shall
PotlatchDeltic be precluded from conveying lands in the Fletcher Ridge General Plan not subject to
this Bill of Assurance or any supplement free and clear of this Bill of Assurance or any supplement
thereto. Any additional phases added to the Fletcher Ridge Neighborhood shall be made by filing of
record a Supplemental Bill of Assurance with respect to the additional property and shall extend the
covenants and restrictions of this Bill of Assurance to said additional property and the owners,
including PotlatchDeltic, of lots in those additions shall immediately be entitled to all rights and
privileges provided in this Bill of Assurance. The Supplemental Bill of Assurance may contain such
complementary additions and modifications of the provisions of this Bill of Assurance necessary to
reflect the different character, if any, of the added properties as are not inconsistent with the plan of
this Bill of Assurance. In no event, however, shall such supplement revoke, modify or add to the
covenants established by this Bill of Assurance as to the property herein described. No entity, other
than PotlatchDeltic, shall have the right to subject additional lands to the Fletcher Ridge
Neighborhood unless PotlatchDeltic shall indicate in writing that such additional lands may be
included.
2. Architectural Control. No improvements shaft be constructed or maintained upon any lot
or Tract and no alteration or repainting to the exterior of any improvement, including, but not limited
to, walls, retaining walls and swimming pools, shall be made and no landscaping performed unless
approved by the Architectural Control Committee as provided for in the Covenants and Restrictions
and this Bill of Assurance.
3. Use of Land. The land herein platted as Lots shall be held, owned and used only as
residential building sites. No structures shall be erected, altered, placed or permitted to remain on
any building site other than a single detached single-family residence for occupancy by one family.
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4. Common Amenities. The areas designated on the Plat as Tracts B, C and E, Block 1, and
Tract F, Block 2, and all improvements thereon, including but not limited to, any walls, lighting,
drainage, irrigation, United States Postal Service kiosks and landscaped areas shall be maintained by
the Fletcher Ridge Property Owners Association, Inc., to the extent they are not the responsibility of
the City of Little Rock, Arkansas and except for public utility improvements which are maintained
by such public utilities. The Fletcher Ridge Property Owners Association, Inc. shall maintain all
United States Postal Service kiosks that now or in the future serve the Fletcher Ridge Neighborhood.
5. Delegation of Authority. PotlatchDeltic has caused the formation of the Fletcher Ridge
Property Owners Association, Inc., a nonprofit corporation. PotlatchDeltic shall have the right, but
not the obligation, by a written instrument recorded in the Office of the Recorder for Pulaski County,
Arkansas, to delegate, convey and transfer to such corporation all authority, rights, privileges and
duties reserved by PotlatchDeltic in this Bill of Assurance.
6. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of
property covered by this Bill of Assurance, each owner, other than PotlatchDeltic, of a lot within
Fletcher Ridge Neighborhood shall be deemed to covenant and agree to be a member of Fletcher
Ridge Property Owners Association, Inc. and to pay any assessments, charges and/or special
assessments which may hereinafter be levied by the Fletcher Ridge Property Owners Association,
Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the
Fletcher Ridge Neighborhood, in particular for the acquisition, servicing, improvement and
maintenance of the Tracts, common properties, common area, common amenities and drainage
easements within the Fletcher Ridge Neighborhood and facilities which may be hereafter dedicated
for use by PotlatchDeltic or otherwise acquired by the Fletcher Ridge Property Owners Association,
Inc., which amount together with interest, costs of collection and a reasonable attorney's fee, shall be
a continuing lien upon the lot.
In lieu of assessments being imposed upon such lots owned by PotlatchDeltic, PotlatchDeltic
shall underwrite all reasonable costs for the operation of Fletcher Ridge Property Owners
Association, Inc. not covered by assessments paid by owners of non-PotlatchDeltic lots until eighty
percent (80%) of all lots are owned by persons or entities other than PotlatchDeltic. Once eighty
percent (80%) of all lots are owned by persons or entities other than PotlatchDeltic, the remaining
lots owned by PotlatchDeltic shall be subject at the next annual assessment to the same assessments
as non-PotlatchDeltic lots.
7. Height and Type of Residence. The residences in Fletcher Ridge shall be of similar size
and architectural style so as to create a neighborhood of architectural continuity. All construction
shall be approved by the Architectural Control Committee, in its sole and absolute discretion, as
further provided for in paragraph 2 of this Bill of Assurance. No residence shall be erected, altered,
placed or permitted to remain on any lot in the Fletcher Ridge Neighborhood other than one
detached single-family residence not to exceed two stories in height unless the Architectural Control
Committee has approved in writing a residence of a greater height.
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8. Setback Requirements. No residence shall be located on any lot nearer to the front lot line
or the side street line than twenty (20) feet, provided, such setback requirements may be modified if
such modification is approved by the Architectural Control Committee, the Little Rock Planning
Commission or the Little Rock Board of Adjustment, and such other regulatory agency as may
succeed to their functions. No building shall be located nearer to an interior lot side line than five
(5) feet. No principal dwelling shall be located on any lot nearer than twenty (20) feet to the rear lot
line. For the purposes of this covenant, eaves, steps and porches not under roof shall not be
considered as a part of the building. Where two or more lots are acquired as a single building site,
the side building lines shall refer only to those bordering the adjoining property owner.
9. Minimum Square Feet Area. No residence shall be constructed or permitted to
remain on any building site in the Fletcher Ridge Neighborhood unless the finished heated living
area, exclusive of porches, patios, garages, breeze ways, exterior stairways, porte cocheres, storage
areas and outbuildings, shall conform to the following schedules:
Lot Number
Lots 1-4, Lots 13-
22, Block 1 and
Lots 2-18, Block
2
Lot Number
Lots 5-12, Block
1, Lot 19, Block 2
Lot Number
Lot 1, Block 2
One Story
Minimum Sq. Ft.
Not less than 1,500
Multi -Story
Minimum Sq. Ft.
Not less than 1,800
square feet or more square feet or more than
than 2,200 square feet 2,500 square feet
One Story
Minimum Sq. Ft.
Not less than 1,500
square feet or more
than 2,800 square feet
Residence shall not be
less than 1'/2 stories
and be not less than
2,650 square feet or
more than 2,800
square feet
Multi -Story
Minimum Sq. Ft.
Not less than 1,800
square feet or more than
2,800 square feet
Finished heated living area shall be measured in a horizontal plane to the face of the outside
wall on each level.
10. Frontage of Residence on Streets. Any residence erected on any lot in the Fletcher
Ridge Neighborhood shall front or present a good frontage on the streets designated in the Plat, and
for this purpose as applied to all inside lots, it shall mean that the residence shall front on the street
designated, and on any corner lot it shall mean that the residence shall front or present a good
frontage on both of the streets designated in the Plat.
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11. Commercial Structures. No building or structure of any type may ever be placed, erected
or used for business, professional, trade or commercial purposes on any portion of any lot. This
prohibition shall not apply to any business or structure that may be placed on any lot or portion of a
lot that is used exclusively by a public utility company in connection with the furnishing of public
utility services to the Fletcher Ridge Neighborhood.
12. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant to the
residence may be erected on any of the lots hereby restricted without the consent in writing of the
Architectural Control Committee.
13. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any
lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other
refuse be thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any
site unless placed in a container suitable for garbage pickup; nor shall anything ever be done which
may be or become an annoyance or nuisance to the neighborhood.
14. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall
oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No
derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained
or permitted upon any building site.
15. Cesspool. No leaching cesspool shall ever be constructed or used on any lot.
16. Existing Structure. No existing, erected building, manufactured home, mobile home or
structure of any sort may be moved onto or placed on any of the above -described lots.
17. Temporary Structure. No trailer, basement, tower, tent, shack, garage, barn or other
outbuilding other than a guest house and servants quarters erected on a building site covered by these
covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any
structure of a temporary character be used for human habitation.
18. Easements for Public Utilities and Drainage. Easements for the installation,
maintenance, repair and replacement of utility services, sewer, drainage and storm drainage overflow
have heretofore been donated and dedicated, said easements being of various widths, reference being
hereby made to the Plat filed herewith for a more specific description of type, width and location
thereof. Except as otherwise provided herein, no trees, shrubbery, incinerators, structures, buildings,
fences or similar improvements shall be grown, built or maintained within the area of such utility,
drainage or storm drainage overflow easement. In the event any trees, shrubbery, incinerators,
structures, buildings, fences or similar improvements shall be grown, built or maintained within the
area of such easement, no person, firm or corporation engaged in supplying public utility services
shall be liable for the destruction of same in the installation, maintenance, repair or replacement of
any utility service located within the area of such easement.
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The Owner of a lot is solely responsible for the existing drainage course across his lot. The
Fletcher Ridge Property Owners Association, Inc. is only responsible for maintenance and
replacement of drainage equipment and facilities existing within the easements granted herein and
described on the Plat that are not the responsibility of the City of Little Rock, and has no
responsibility for the maintenance and repair of any drainage course or equipment located upon
those areas of the lot outside the easement.
19. Fences, Flag Poles, Tree Houses. No fences or other enclosure of part of any building of
any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the
front lot line than the building setback line.applicable and in effect as to each lot, provided, however,
that chain link or similar fences are in all events strictly prohibited and shall not be used under any
circumstances; provided, further, that it is not the intentions of this paragraph to exclude the use of
evergreens or other shrubbery to landscape the front yard. Fencing of any type must be approved by
the Architectural Control Committee as provided in paragraph 2 hereof. No flagpoles may be
erected or installed on any lot. No tree houses may be erected or installed on any lot without prior
approval of the Fletcher Valley Architectural Control Committee and in accordance with
architectural guidelines established by such Committee.
20. Sight Line Restrictions. 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 lines and a line
connecting them at points fifty (50) feet from the intersection of the street lines, or in the case of a
rounded property corner, within the triangle formed by tangents to the curve at its beginning and
end, and a line connecting them at points fifty (50) feet from their intersection. No tree shall be
permitted to remain within such distances of such intersections unless the foliage line is maintained
at a height of at least eight (8) feet to prevent obstruction of such sight lines. The same sight line
limitations shall apply on any lot within ten feet of the intersection of the street property line with the
edge of a driveway or alley pavement.
21. Property Lines and Boundaries. Iron pins have been set on all lot corners and points of
curve and all lot dimensions shown on curves are chord distances, and all curve data as shown on the
Plat filed herewith is centerline curve data. In the event of minor discrepancies between the
dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by
the established pins, the pins as set shall control.
22. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall
be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the gutter line
not more than two inches above the gutter grade.
23. Subdividing Lot. No lot shall be subdivided.
24. Leasing. No portion of a Lot and residence may be rented and no transient or temporary
occupant may be accommodated therein unless by consent of PotlatchDeltic. Any lease of the entire
Lot and residence must be for not less than twelve (12) months unless a shorter lease term has been
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7Instrument# 2020077706 Page 10 of 12
approved by the Board of Directors of the Association. The Owner shall provide the Association
with a copy of any lease agreement, with rental amounts redacted, within five (5) days of the
execution of the lease.
25. Right to Enforce. The restrictions herein set forth as well as those contained within the
Covenant and Restrictions shall run with the land and shall bind the present owner, its successors
and assigns. All parties claiming by, through or under the present owner shall be taken to covenant
with the owner of the lots hereby restricted, and their respective successors and assigns, to conform
to and observe these restrictions. No restriction herein shall be personally binding upon any
corporation, person or persons, except with respect to breaches committed during its, his or their
term of holding title to said land. PotlatchDeltic, its successors and assigns (for so long as
PotlatchDeltic owns lots within Fletcher Ridge Neighborhood but not thereafter), the Fletcher Ridge
Property Owners Association, Inc. and also the owner or owners of any of the lots hereby restricted
shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the
breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal
action for damages and failure by owner or owners of any lot or lots in this addition to observe any
of the restrictions herein. Any delay in bringing such action shall in no event be deemed to be a
waiver of the right to do so thereafter.
If, in the sole opinion of the Fletcher Ridge Property Owners Association, Inc.
("Association") any Owner or occupant has failed in any of the duties or responsibilities reflected in
the Covenants and Restrictions or this Bill of Assurance, then the Association may provide written
notice of that failure, giving the Owner or occupant ten (10) days from receipt to perform the care
and maintenance required. Should any person fail to fulfill this duty and responsibility within the
ten-day period, then the Association, through its authorized agent or agents, shall have the right and
power to enter onto the premises and perform needed care and maintenance without any liability for
any civil or criminal damages for wrongful entry, trespass, conversion or otherwise to any person.
The Owners and occupants (including lessees) of any part of the Property on which work is
performed shall jointly and severally be liable for the cost of the work and shall promptly reimburse
the Association for all costs. If the Association has not been reimbursed within thirty (30) days after
invoicing, the indebtedness shall be a debt of all of the Owners and occupants jointly and severally,
and shall constitute a lien against the Lot and improvements upon which work was performed. This
lien, as well as any fine hereinafter authorized and imposed by the Board of Directors, shall have the
same attributes as the lien for assessments and special assessments set forth in Paragraph 6, and the
Association shall have identical powers and rights in all respects, including but not limited to the
right of foreclosure. The Board of Directors may impose reasonable monetary fines upon the Owner
which shall constitute a lien on the Owners Lot and all improvements thereon.
26. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set
forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole
or in part, by a written instrument signed and acknowledged by owner or owners of more than
seventy-five percent (75 %), as it may exist at such time, including additions made hereto pursuant to
Paragraph 1 hereof, of the total lots within the Fletcher Ridge Neighborhood. Each covenant in this
instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1,
10
lInstrument# 2020077706 Page 11 of 12
2049, after which time each covenant in this instrument shall be automatically extended for
successive periods of ten (10) years unless an instrument terminating.the covenants signed by the
then owners of seventy-five percent (75%) of the lots in the Fletcher Ridge Neighborhood has been
recorded prior to the commencement of any ten-year period.
27. Attorney Fee. In any legal or equitable proceeding for the enforcement of or to restrain
the violation of this instrument or any provisions thereof, by reference or otherwise, the prevailing
party or parties shall be entitled to attorney fees in such amount as the court finds reasonable. All
remedies provided for herein, or at law or equity, shall be cumulative and not exclusive.
28. Extension. All covenants for which extension is not otherwise provided in this
instrument, shall automatically be extended for successive periods of ten (10) years each unless
modified, terminated or canceled as provided herein.
29. Severability. Invalidation of any restriction set forth herein or any part thereof by any
order, judgment or decree of any court or otherwise, shall not invalidate or affect any of the other
restrictions or any part thereof as set forth herein, but they shall remain in full force and effect.
A-' day
/
EXECUTED this �day of i1Or�mx/ , 2020.
POTLATCHDELTIC REAL ESTATE, LLC
By:
David Meghreblian, V' e President
11
[Instrument# 2020077706 Page 12 of 12
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day before me, a Notary Public, duly commissioned, qualified and acting within and
for said county and state, appeared the within named David Meghreblian, to me well known, who
stated he was the Vice President of POTLATCHDELTIC REAL ESTATE, LLC, and was designated
and duly authorized in that capacity to execute the foregoing instrument for and in the name and
behalf of said POTLATCHDELTIC REAL ESTATE, LLC, and further stated and acknowledged
that he had so signed, executed, and delivered said foregoing instrument for the consideration, uses
and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this / aLh day of
2020.
My Commission Expires:
SUZANNE PEEABALTE
Notary Public -Arkansas
Salina County
y Commission Expires 02-19-2030.
1#A
.Commission a 12710071
2Q/
tary Public
,feinted only for incimlon of minimum standards
squired by Elie City of tittle Rock subdivision Moguladons.
Bill of Assurance provisiorns by tho
developer may exceed m n :num rv5ulasors of the
Little Rock subdivision and zoning ordinances.
11 A � 1-7, 0 VI —LA � �_ �
12 - Afyo 5h Ro& ffimi Commission