HomeMy WebLinkAboutZ-9042 Application 3THE TRAILS
AN ADDITION TO THE CITY OF LITTLE ROCK
DECLARATION OF COVENANTS AND RESTRICTIONS
UNLEASHED INNOVATIONS, INC.
TO
THE PUBLIC
This Declaration of Covenants and Restrictions is made this 9D 4% day of
CoG 2015, by Unleashed Innovations, Inc. (hereinafter called "Developer"), a corporation
established under laws of the State of Arkansas.
WITNESSETH:
WHEREAS, Developer has caused said tract to be surveyed by, Phillip Lewis, Registered
Professional Civil/Structural Engineer, PE# 9540 and Curtis M. Nalley, Jr. Land Surveying, PLS# 1546,
State of Arkansas, and a plat thereof made which is identified by the title, THE TRAILS, Little Rock,
Arkansas, dated May, 20 2015 and by the signature of the said engineer and the said developer, and bears a
Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of
the Circuit Clerk and ex-officio Recorder of Pulaski county, Arkansas, in the Plat Book
Page and the developer does hereby make this Bill of Assurance.
WHEREAS, Developer is the present owner of the real property located in Pulaski County,
Arkansas, more particularly described on Exhibit A attached hereto and as hereinafter defined (the
"Property"); and desires to create a community with common facilities and amenities to be known as THE
TRAILS; and
WHEREAS, Developer presently intends to develop the Property or cause the Property, and any
additional property added by Developer, to be developed over an extended period of time and in phases.
WHEREAS, portions of the Property shall be subdivided from time to time into building lots, tracts,
service roads, and streets as shown on Plats and Bills of Assurance filed in conjunction herewith, and that
such subdivided property shall be held, owned, and conveyed subject to the terms, conditions, and protective
covenants contained in this Declaration and in the Supplemental Plats and Bills of Assurance;
WHEREAS, Developer may provide open spaces, greenbelts, service roads, gardens, walkways,
trails, streams, entry features, recreational areas, and other facilities for the use, enjoyment and benefit of all
the residents in those portions of the Property actually developed; and
WHEREAS, Developer desires to promote the conservation and enhancement of natural amenities
and resources on and about the Property;
WHEREAS, Developer deems it desirable to create THE TRAILS Recreational Property Owners
Improvement District ("POID") to own, maintain, and administer the Common Properties (as hereinafter
defined), to administer and enforce the Covenants and Restrictions (as hereinafter defined) imposed on the
property to which the Covenants and Restrictions (as hereinafter defined) imposed on the property to which
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the Covenants and Restrictions are made applicable, and to collect, hold, and disburse the charges and
assessments hereinafter provided for, all in order to protect and enhance the value of the homes and lots, or
building lots, and in order to insure the residents' enjoyment of the Common Properties; and
WHEREAS, Developer intends that every Owner (as hereinafter defined) of a Residential Unit (as
hereinafter defined) which is made subject to this Declaration does automatically and by reason of such
ownership and this Declaration become a member of the POID and become by ownership subject to the
rules, regulations and assessments made by the POID;
NOW, THEREFORE, Developer declares that the property which is made subject to this Declaration
pursuant to Article 2 hereof shall now and hereafter be held, transferred, sold, conveyed, owned and
occupied subject to the Covenants and Restrictions hereinafter set forth, and all additional Covenants and
Restrictions in Supplemental Plats and Bills of Assurance, all of which are for the purpose of enhancing,
preserving and protecting the value, desirability, natural resources, natural beauty and attractiveness of such
property. Such Covenants and Restrictions are part of, and constitute a unified, interdependent plan for
ownership, use, maintenance, and development. These Covenants and Restrictions shall run with the land,
and shall be binding on all parties having or acquiring any right, title, or interest in such property or any part
thereof and shall inure to the benefit of each Owner thereof. These Covenants and Restrictions shall be filed
in the permanent real estate records of the Office of the Circuit Clerk and Recorder of Pulaski County,
Arkansas, and such filing shall constitute notice to the world of the existence and binding nature of these
Covenants and Restrictions. Each and every deed of conveyance for any lot or tract in THE TRAILS
describing the same by the number or numbers as shown on the filed plat for such property shall always be
deemed a sufficient description thereof.
ARTICLE 1
DEFINITIONS
The following terms, when used in this Declaration of Covenants and Restrictions for THE TRAILS, an
Addition to the City of Little Rock, unless the context shall clearly indicate to the contrary, shall have the
following meaning:
A. "Common Properties" shall mean and refer to those areas of land and easements, together with
all structures and facilities now or hereafter constructed thereon, conveyed or to be conveyed to
the POID, which shall be devoted to the common use and enjoyment of the Owners of the
Property, such as, but not necessarily including or limited to, the following: green spaces,
greenbelts, open spaces, walkways, walking trails, ponds, dams, spillways, water control
structures, bicycle lanes, service roads, sanitation systems, entry features, sales offices used by
Developer, and other ornamental areas.
B. "Covenants and Restrictions" shall mean and refer to all covenants, restrictions, easements,
charges, and liens set forth in this Declaration or set forth on the Plats and Bills of Assurance
recorded in conjunction with the subdivision and development of the Property.
C. "Developer" shall mean and refer to Unleashed Innovations, Inc., a corporation established
under the laws of the State of Arkansas, its successors and assigns.
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D. "Development Documents" shall mean and refer to the Bylaws of the POID, and all plats, bills
of assurance, Covenants and Restrictions applicable to the Property.
E. "Development Plan" shall mean and refer to the plan or plans as proposed, amended or changed
from time to time, by Developer for the development of the Property and any additional property
added to jurisdiction of the POID pursuant to Article 2 of this Declaration.
F. "Manager" shall mean and refer to any Person or Persons with whom the POID contracts for the
day-to-day administration and operation of the Common Properties.
G. "Owner" shall mean and refer to the record owner, whether one or more persons, by purchase,
transfer, assignment, devise or foreclosure of a fee or undivided fee interest in any portion of the
Property, or any later added property which may hereafter come under the definition of Property
pursuant to this Declaration, including contract buyers who reside on the Property, but excluding
those having an interest merely as security for the performance or payment of an obligation.
H. "Person" shall mean and refer to any natural person, corporation, partnership, limited
partnership, limited liability company, joint venture, association, trust or any other such entity.
I. "POID" shall mean and refer to THE TRAILS Recreational Property Owners Improvement
District, its successors and assigns.
J. "Property" shall mean and refer to the real property described on Exhibit A attached hereto and
made a part hereof, and as further defined in Article 2 hereof, which is now or may hereafter be
made a part of THE TRAILS, an Addition to the City of Little Rock, including any additional
real property which may be added to the jurisdiction of the POID pursuant to the provisions of
Article 2, Section 2 of this Declaration.
K. "Recreational Purposes" shall mean and include activities such as picnicking, engaging in
sporting activities, walking, jogging, use of non -motorized vehicles (except motorized vehicles
used by emergency services such as police, fire and ambulance), activities as may be delineated
by the Commissioners of the POID from time to time.
L. "Residential Unit" shall mean and refer to each single-family detached house and each platted
single lot subdivided by filed plat intended for and suitable for construction of a single-family
detached residence prior to the commencement or completion of construction on such lot located
in THE TRAILS, an Addition to the city of Little Rock, or otherwise subject to the jurisdiction
of the POID, but shall not include any part of the Common Properties or dedicated streets.
ARTICLE 2
PROPERTY SUBJECT TO DECLARATION
Section 1. Property Covered by This Declaration.
The real property described on Exhibit A shall be held, transferred, sold, conveyed and occupied
subject to this Declaration. The Property consists of platted or unplatted land which may be subsequently
platted by Developer as it deems appropriate.
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Section Z. Additional Property Hereafter Subiected to This Declaration.
Developer, its successors and assigns, shall have the sole and irrevocable right to add and include, at
any time, additional real property to the jurisdiction of this Declaration and to the definition contained herein
of "Property", whether or not such additional property is described on Exhibit A, without the consent or
approval of the members, or Commissioners of the POID. Developer may, prior to platting, delete property
from Exhibit A. Developer's exclusive right to subject additional lands to the jurisdiction of this Declaration
and to the definition of "Property" contained herein, or to delete property, shall be assignable, in full or in
part. All additions and inclusions of additional land hereunder shall be effective upon Developer's executing
and filing for record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, a
Supplemental Declaration describing the additional property which is to become part of the Property and
stating that this Declaration does thereafter bind and apply to such additional property. Deletions shall be
made by filing a Supplemental Declaration describing the property which is to be deleted.
Notwithstanding anything contained herein to the contrary, this Declaration does not create any
charge, lien or encumbrance on any property, unless, if and until such property is subjected hereto by Plat,
Bill of Assurance and Supplemental Declaration in the manner contemplated hereby and then only from that
time forward. Upon the platting of such property, the jurisdiction, functions, duties and benefits of
membership of the POID shall automatically be extended to the platted lands.
Section 3. All Owners Bound. All Property bears the burden and enjoys the benefits of this
Declaration. All Owners shall be deemed by reason of taking record title to a portion of the Property to agree
to all of the terms and provisions of this Declaration.
Section 4. Additions Limited to Developer. Unless Developer consents in writing, no one other
than Developer may subject additional lands to this Declaration or extend the benefits of the POID to any
person except those described herein.
ARTICLE 3
PROPERTY OWNERS IMPROVEMENT DISTRICT (POID)
All lots in THE TRAILS, in addition to being bound by this Bill of Assurance are also within THE
TRAILS Property Owner's Recreational and Street Improvement District No. of Pulaski, County,
Arkansas established by order number signed by dated
. As such all such Lots are subject to the matters established thereby and
therein including but not limited to, assessments levied against the Lots in THE TRAILS to enable the
Improvement District to accomplish its purposes set out therein including, without limitation, the
maintenance, preservation, improvement, management and servicing of the general interest areas, including
but not limited to green areas, landscaped areas, district lighting improvements, street lighting improvements,
entrance signs, sanitation system, service, roads, trails and other such improvements.
In connection therewith the Improvement District may maintain such policy or policies of liability
and fire insurance with respect to the general interest areas and personal property, if any, owned by the
Improvement District as provided herein in furthering the purposes of and protecting the interests of the Lot
owners; grant easements, rights of way, or strips of land where necessary for utilities and sewer facilities
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over the dedicated easements to serve the general interest areas and the Lots: and, levy Improvement District
Assessments as the Improvement District deems appropriate. By purchase of a Lot in THE TRAILS each
such purchaser commits and agrees to pay the levy of the Improvement District assessments. Such
assessments shall create a lien upon the Lots assessed similar in priority as ad valorem taxes and subject to
foreclosure of the Lot, and improvements thereon for non -payments provided by the Arkansas Property
Owners' Improvement District Laws of Arkansas.
Exempt from Improvement District Assessments are all Property dedicated to and accepted by a
local public authority. Assessments are made by an independent assessor to determine the requirements of
collection for operation, maintenance and upkeep for the Lights, Fixtures, Decorative Fencing, Landscaping,
Entrance Signs and other items previously mentioned serving the Improvement District. This will be
submitted as an Assessment Book that will list each property and each property owner. Once approved, the
County collects the amount due. These funds are primarily used (without limiting the use of the funds for all
purposes authorized and permitted by law) to cover:
■ Operation & servicing of the Property Wastewater Treatment Facility
• Electrical costs for street and entrance sign lighting
• General cleanup of Public Right of Way areas
■ Maintenance & upkeep of signs and decorative fences at entrances
• General landscaping upkeep at entrances
• Any administrative, legal and miscellaneous costs associated with the Property Owners Improvement
District
• Maintenance of all storm water facilities that are located outside the public right-of-way (ROW)
Section 1. Sewage Disposal. No individual septic disposal system shall be installed on any Lot.
Developer plans to utilize a portion of the Property as a community septic disposal system, for the benefit of
each Lot Owner (the "Community System"). The Community System shall be constructed by Developer and
maintained by Developer and/or his agent as dictated by the laws of the State of Arkansas. Maintenance and
operation of the Community System will be performed by a Class H or III licensed operator approved by the
Arkansas Department of Environmental Quality (ADEQ). Exception to maintenance would be residence
connection lines and any damages caused by lot owners and their invitees.
By purchasing a Lot, each Lot Owner herby reserves and grants an easement on to and across the
property to Developer or Developer's Representative, as applicable, for the installation, maintenance and
repair of the Community System. By purchasing a Lot, each Lot Owner also agrees to pay the charges
assessed by the POID for operation, maintenance, repair, and replacement of the Community System with
Applicable Laws.
By purchasing a Lot, each Lot Owner hereby accepts total liability for damages caused by such Lot
Owner and its invitees for any negligent or intentional acts which may cause damage to the Community
System. Each Lot Owner further agrees that such Lot Owner will not knowingly discharge or allow to be
discharged any material, chemical, solid, or liquids into the Community System that will create an
environmental hazard or that will cause damage to any part of the Community System.
ARTICLE 4
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THE COMMON PROPERTIES; THE DEVELOPER'S DUTY TO CONVEY; PROPERTY
OWNERS' RIGHTS IN THE COMMON PROPERTIES
Section 1. Conveyance of Common Properties. Developer hereby covenants with the POID to
convey to the POID, and the POID covenants with Developer to accept, at such time as Developer deems
appropriate after the property is developed and finally platted, that property designated as ponds, protected
greenbelt buffers, trails, sanctuaries or other common areas as shown and described on plats of THE
TRAILS, an Addition to the City of Little Rock. In addition, Developer shall convey such other real
property and assets as it may deem to be in the best interest of the POID for the use and enjoyment of the
members of the POID, and Developer may assign to the POID any contractual or any other rights it may
have which Developer, in its sole discretion, determines would be of benefit to the POID for the continued
enjoyment and security of the Owners with respect to the Property and the Common Properties. Developer
may convey certain property, such as floodway and right-of-way (ROW), to governmental entities in order to
meet the requirements of such entities.
Developer covenants and agrees with the POID that any conveyance of land to the POID shall be
made by quitclaim deed and subject to the easements, covenants and provisions of this Declaration.
Section 2. Property Owners' Easements of Enooyment. Every member of the POID shall have a
common right and easement of enjoyment in and to the Common Properties, including but not limited to a
non-exclusive right of ingress and egress and a non-exclusive right to use the Common Properties for
Recreational Purposes, which shall be appurtenant to and shall pass with the title to all portions of the
Property, subject to the following provisions:
A. The right of the POID to impose reasonable rules upon the Common Properties;
B. The right of the POID to suspend the right to the use and enjoyment of the Common Areas by
any member for any period during which any assessment remains unpaid by such member and
for such period as it considers appropriate for any infraction of its published rules and
regulations;
C. The right of the POID to dedicate or transfer all or any part of the Common Properties to any
public agency, authority, or utility for such purposes and subject to such conditions as it shall
deem necessary or desirable for the proper servicing and maintenance of the Common
Properties;
D. THE TRAILS private sanitation system must be serviced and operated by a Class II or III
licensed operator approved by the Arkansas Department of Environmental Quality (ADEQ);
E. Applicable zoning ordinances, governmental rules and regulations;
F. The right of the POID to take such steps as are reasonably necessary to protect the Common
Properties against foreclosure; and
G. The right of the Developer to impose reasonable Covenants and Restrictions in respect to such
Common Properties, in addition to those set forth herein, at the time of conveyance of such
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property to the POID, and such restrictions and covenants are hereby incorporated by reference
and made a part of this Declaration.
Section 3. Extension. of Rights and Benefits. Every member of the POID shall have the right to
extend the right and easement of enjoyment under this Article 4 to the Common Properties to each tenant and
to each family or household member who resides in the Residential Unit and to such other Persons as may be
permitted by the Commissioners of the POID.
Section 4. Wooded Buffer Zone. Lots which front the public right-of-way (ROW) along Kanis
Road are included in an existing/deeded wooded buffer zone. The wooded buffer zone extends one hundred
(100) feet from the public ROW. No road/driveway connections are allowed to be constructed through the
wooded buffer zone. The wooded buffer zone also includes the following language "no owner of all or any
of the property located in the wooded buffer zone may construct any buildings, structures, or other
improvements within the wooded buffer zone, cut any trees, plants, or other natural vegetative growth within
the wooded buffer zone, or modify by grading or otherwise the existing contour of the wooded buffer zone.
This restriction on the use of the above described real property shall run with the land and shall be binding
upon the grantee, its successors, heirs, assigns or transferees, and such restrictions are expressly accepted by
grantee as a condition of the purchase of the real property described in this special warranty deed."
ARTICLE 5
ASSESSMENTS
Section 1. Creation of the Lien and Personal abiiention for Assessments. Each Owner, by
acceptance of a deed or other conveyance of any portion of the Property, shall be deemed to covenant and
agree to pay to the POID: (a) annual assessments and charges, and (b) special assessments, if necessary.
Such annual and special assessments shall be fixed, established and collected from time to time as hereinafter
provided and as set forth by the Commissioners of the POID. The annual and special assessments, together
with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on the land,
shall be a continuing lien upon the property against which each such assessment is made, and shall also be
the personal obligation of the Person who is the record Owner of the property at the time the assessment fell
due.
Section 2. Subordination.
A. The lien of the assessments provided for herein shall be subordinate to the lien of any first
mortgage placed on such Residential Unit in connection with its purchase. Sale or transfer of
any property subject to the charges and liens herein created shall not affect any preexisting
assessment lien, except in the case of a sale or transfer of any Residential Unit pursuant to the
foreclosure of a purchase money first mortgage, or any bona fide proceeding in lieu thereof,
which proceedings shall extinguish the lien of such assessments as to payments which became
due prior to such sale or transfer. The POID shall have the right to foreclose its lien or obtain
judgment for assessments due in such foreclosure suit. No such sale or transfer shall relieve the
subject property from liability for any assessments thereafter becoming due or from the
continuing lien thereof. The Commissioners of the POID shall notify the first mortgagee, upon
request, of any default in the performance by the individual Owner of any obligation under this
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Declaration or the Development Documents which is not cured within sixty (60) days after the
Due Date.
B. The subordination created herein is merely a subordination and shall not relieve the Owner of
the personal obligation to pay all assessments and charges arising or coming due while the
Owner owns such property; and no sale or transfer of such property to the mortgagee or to any
other Person pursuant to a decree of foreclosure shall relieve any existing or previous Owner of
the personal obligation for any assessments or charges authorized in this Declaration.
Section 3. Exempt Pro e . Common Properties, properties dedicated to the public, public
right-of-way (ROW) and Property which is not yet platted and subdivided shall be exempt from
assessment by the POID.
ARTICLE 6
ARCHITECTURAL CONTROLS
Section 1. Designation of Architectural Control Committee. The POID shall have an
Architectural Control Committee, consisting of at least three (3) and not more than five (5) members who
shall all be natural persons. The members of the Architectural Control Committee, and all vacancies, shall
be appointed by Developer so long as Developer shall own at least ten percent (10%) of the Property. Once
Developer no longer owns at least ten percent (10%) of the Property, the members of the Architectural
Control Committee, and all vacancies, shall be appointed by the Commissioners of the POID.
Section 2. Function of Architectural Control Committee. Accessory structures such as
outbuildings and swimming pools are allowed in THE TRAILS, per the City of Little Rock R-2 single
family zoning. No building, living unit, fence, wall, accessory structure, outbuilding, parking area, driveway,
swimming pool, satellite dish, pole, lake, pond, drainage facility, tennis court, basketball court, antenna,
electronic transmitter or receiver, or other structure shall be commenced, erected, or maintained, and no
alteration or repainting in a different color or style to the exterior of any of the above shall be made and no
significant landscaping performed upon the Property, nor shall any exterior addition to or change therein be
made unless complete plans, specifications, and site plans showing the exterior design, nature, kind, shape,
height, color scheme, building materials, and location of the same, the location and size of driveways, the
general plan of landscaping, facing of such improvements with respect to existing topography, fencing, walls
and windbreaks, grading plan, and any other requested materials shall have been submitted to and approved
in writing by the Architectural Control Committee. This provision shall not apply to Developer in the
construction or maintenance of living units, landscaping, fencing, or other improvements which it undertakes
in the Property and Common Properties.
Section 3. The Basis of Approval. The Architectural Control Committee shall evaluate all
submissions on the individual merits of each application, subject to such site development and architectural
guidelines which the Committee may from time to time adopt. The site development and architectural
guidelines may change from time to time, but they shall be at all times in conformity with, and be subject to,
the covenants, restrictions and requirements of this Declaration. Approval of plans and specifications shall
be based on, among other things, adequacy of site dimensions, structural design, conformity and harmony of
external design and of locations with neighboring structures and sites, conformity with and preservation of
existing wooded landscape, relation of finish grades and elevations to neighboring sites, and conformity to
both the specific and general intent of the protective covenants. Enclosed garages shall be required to
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accommodate a minimum of two (2) standard sized cars, trucks or SUV's; however, the Architectural
Control Committee may, in its sole discretion, approve or disapprove an open carport if it is located behind
the residence it serves and if the open carport is not visible from the streets adjoining the residences. The
plans and specifications to be submitted in writing and approved must include the following:
A. A topographical plat showing existing contour grades, the location of all improvements,
including structures, walks, driveways, fences, walls, patios and decks.
B. Exterior elevations.
C. Exterior materials, colors, textures, and shapes.
D. Structural design plan.
E. Landscaping plan.
F. Driveway plan.
G. Utility Connections.
H. Exterior illumination locations.
Section 4. Architectural Guidelines. The Architectural Control Committee may establish certain
site development and architectural guidelines. All plans and specifications will be evaluated under the site
development and architectural guidelines then in force and effect. The Architectural Control committee may
approve exceptions to the site development and architectural guidelines then in force by a majority vote. The
current site development and architectural guidelines shall be available for inspection by all Owners within
the POID.
Section 5. Action by Committee. A majority vote of the Architectural Control Committee shall be
required for the approval or disapproval of said plans and specifications; provided, however, that the
Committee may designate a single member to approve or disapprove such plans and specifications. In the
event said Committee or its designee fails to approve or disapprove any such plans and specifications within
thirty (30) days after said plans and specifications have been submitted to it, approval shall be deemed to be
granted and compliance with this Article shall be presumed. Nothing herein contained nor the required
consent of the Architectural Control Committee shall in any way be deemed to prevent any of the Owners of
Property in THE TRAILS from maintaining any legal action relating to improvements within THE
TRAILS which they would otherwise be entitled to maintain. There shall be no separate compensation to
the Developer for architectural review services to be performed pursuant to this provision. The Developer
may be compensated for any other services rendered.
Section 6. Limitation on Liability. Under no circumstances shall the Developer, the Architectural
Control Committee, the POID or their Agents, employees, members or Commissioners ever be liable to any
Person for any action or failure to act, for negligence, mistakes, misfeasance or malfeasance in connection
with the performance of any of the duties of the Architectural Control Committee.
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ARTICLE 7
GENERAL
Section 1. ❑utv of Maintenance. All Owners and occupants (including lessees, contract buyers,
builders, residents, and construction workers) of any part of the Property shall jointly and severally have the
duty and responsibility, at their sole cost and expense, to keep the exterior portion of the Property so owned,
occupied, or used, including buildings, improvements, structures, and grounds in a well -maintained, safe,
clean and attractive condition at all times. Maintenance includes, but is not limited to, the following:
A. Prompt removal of all trash, litter, refuse, yard waste, debris, unused building materials, and
waste.
B. Lawn mowing.
C. Tree and shrub pruning.
D. Watering of landscape.
E. Keeping exterior lighting and mechanical facilities in working order.
F. Keeping lawn and garden areas alive, free of weeds, and attractive.
G. Keeping parking areas, driveways, alleyways, and roads in good repair.
H. Complying with all governmental, health, and police requirements.
L Repainting the exterior of improvements when necessary.
J. Repairing damages to exterior of improvements.
Section 2. Enforcement. If, in the opinion of the Commissioners of the POID, any Owner
or occupant has failed in any of the foregoing duties or responsibilities, then the Commissioners of
the POID or its designee may provide written notice of such failure, giving the Owner or occupant at
least ten (10) days from receipt of such notice to perform or initiate and continuously pursue the care
and maintenance required. Should any such person fail to fulfill this duty and responsibility within
the ten (10) day period, then the POID, 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 the damages for wrongful entry, trespass, or otherwise to any person whatever. The Owner of
any part of the Property on which work is performed by the POID shall be personally liable for the
cost of the work and shall promptly reimburse the POID for all such cost. If the POID has not been
reimbursed within thirty (30) days after invoicing such amount to the respective Owner, the
indebtedness shall be a debt of such delinquent Owner and shall constitute a lien against said
Owner's Residential Unit. This lien shall have the same attributes as the lien for assessments and
special assessments set forth in Article 5 herein, and the POID shall have identical powers and rights
in all respects, including but not limited to the right of foreclosure.
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Section 3. Common Scheme Restrictions. In accordance with the maintenance
requirements imposed on the Owners and occupants hereunder, the following restrictions are also
imposed with regard to the Property and Common Properties for the benefit of each of the Property
and Common Properties and may be enforced by the POID or the Owners of any of the Property
through any remedy available at law or in equity.
A. Each and every lot and home in THE TRAILS shall have a landscaping plan and shall have
installed prior to occupancy completed landscape which complies with the landscape plan. The
Architectural Control Committee may, in its discretion, approve an initial house plan and site
submission which does not include a landscaping plan. Irrespective of this approval, and without
any further reservation, each and every lot in THE TRAILS shall be landscaped prior to
occupancy with a sodded yard around the residence, trees, shrubs, ornamental plantings, gardens
and other landscaping elements typical in a first class subdivision containing homes of similar
size and value. All landscaping, whenever installed, shall be subject to review by the
Architectural Control Committee. All landscaping installed without prior written approval of the
Architectural Control Committee shall be installed at the risk of the lot owner, including any
person who shall take title subsequent to the installation, and no landscaping is considered as
approval until written approval of the Architectural Control Committee has been obtained. Any
landscaping installed without specific written approval shall be removed by the property owner
upon request of the Architectural Control Committee. The particular landscaping requirements
for THE TRAILS shall be set out by the Architectural Control Committee, either in its written
guidelines or in comments to particular landscaping plans submitted pursuant to Section 3.
Typical landscaping would include shrubbery, or ornamental plantings along the front of
improvements, with such plantings to be in defined beds which are maintained free of weeds or
other invasive plantings. All landscaping shall comply with the guidelines of the Architectural
Review Committee and shall be maintained in accordance with best landscaping practices
consistently applied.
B. No homeowner, permanent resident, or guest of a homeowner or resident of THE TRAILS
shall park motor vehicles on the street or on any other public or private rights of way in THE
TRAILS except on a temporary basis. Except during special occasions, such as parties,
homeowners shall park their vehicles and the vehicles of their guests, family members and other
invitees either inside their garages or on their driveways. No vehicles owned by residents or
guests of residents in THE TRAILS shall be parked in any location in such a manner as to
obstruct the view of drivers or otherwise constitute a nuisance or hazard. No vehicle, motorboat,
houseboat, canoe, sailboat, personal watercraft or similar waterborne vehicle, or all -terrain
vehicle may be kept or parked in the street right-of-way or in the area between the street and the
building setback line, or in the side yard area. Campers, travel trailers and recreational vehicles
may be parked in the area between the street and the building setback line for brief periods,
maximum of two (2) days, and only for the purpose of cleaning, servicing and or stocking such
vehicles. No motorized or non -motorized vehicles may ever be parked or operated on
emergency service roads except for service vehicles or emergency vehicles on a temporary basis.
C. No residence may be occupied until all construction is completed, including the completion of
landscaping in accordance with an approved landscaping plan. Completion of the landscaping
plan shall include the installation of sod in all areas designated in the landscaping plan.
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D. No garbage, refuse, rubbish, tree limbs, pine straw, leaves or cuttings shall be deposited on any
street, road, or upon any of the Common Properties nor on the exterior of any Residential Unit or
lot unless placed in a container or way as determined by the sanitation department suitable for
pickup by municipal collectors. No disturbance of any kind, including grading, digging, filling,
removal of trees or vegetation, dumping or storage of materials will be permitted in common
areas. The POID may levy fines upon any person violating this covenant, the amount of such
fine being determined by the POID. Any fine not paid within twenty (20) days shall constitute a
lien against the lot of the offending owner.
E. No building material of any kind or character shall be placed upon any of the Property except in
connection with construction approved by the Architectural Control Committee. Construction
shall be promptly commenced and diligently prosecuted. All construction sites must be kept
clean and orderly, free of trash, construction waste and scrap materials.
F. No clothes line or drying yards shall be kept or allowed on the Property or Common Property.
Service yards, wood piles and storage areas shall be allowed only if located so as not to be
visible from a street, road, or any of the Common Properties. Recreation equipment such as
volleyball and badminton nets must be stored when not in use for an extended period of time.
G. Any exterior lighting installed on any Residential Unit or on any of the Property shall either be
indirect or of such controlled focus and intensity as not to disturb neighboring Owners or
adjoining Property.
H. No animals, livestock, or poultry of any kind shall be raised or kept on the Property or Common
Properties, except a reasonable number of fully domesticated ordinary household pets, in
accordance with local ordinances, shall be allowed for each Residential Unit, provided that they
are not kept or maintained for commercial purposes. Pet facilities and enclosures shall be
allowed only in the rear yard of any lot and must be constructed subject to any setback
requirements. Any chain link fencing materials must be painted black or coated with black
plastic. All pet facilities must be kept clean and maintained in a manner which precludes insect
infestations and odors.
Except for subdivision identification signs and informational, interpretive or directional signs
placed by the Developer or POID, no signs, posters, plaques, address markers, or
communications of any description shall be placed on the exterior of any structure or placed or
permitted to remain on any part of the Property of Common Properties unless previously
approved by the Architectural Control Committee. The size, style, construction and placement
of all mailboxes, newspaper boxes shall be subject to the prior review of the Architectural
Control Committee. No mailbox or newspaper box shall be erected unless first approved by the
Architectural Control Committee.
As to commercial signs, only one (1) free-standing construction sign and one (1) realtors' sign
will be permitted at any Residential Unit during construction, except on corner lots, where two
(2) of each shall be permitted. No signs of any type shall be attached to trees or shrubs. All
permitted signs must be erected on posts or stakes. Subcontractor signs may be allowed during
the period of time the subcontractor is performing their trade.
Page 12 of 17
K. Except for authorized maintenance and emergency vehicles, no motor vehicles of any type shall
be allowed on the pedestrian trails, service roads, greenbelts, open spaces, or other pedestrian
areas.
L. No used, previously -erected or temporary house or structure, no modular or prefabricated house,
no house trailer or non -permanent outbuilding shall be allowed to be placed, erected, or allowed
to remain on any of the Property or the Common Properties. No houses or portions of houses
shall be moved to or placed on the Property. No geodesic domes, hexagonal or octagonal homes
or other similar structures shall be allowed to be placed, erected or allowed to remain on any of
the Property or the Common Properties unless instructed by the Developer or POID for the
benefit of all property owners.
M. No inoperative, disassembled or junk vehicle of any kind, no commercial vehicle, and no trailer,
camper, recreational vehicles, camp truck, house trailer, boat, or other machinery or equipment
(except machinery and equipment as may be reasonable and customary in connection with the
use and maintenance of any improvements located upon the Property and except for such
equipment and machinery as the POID may require in connection with the maintenance and
operation of the Common Properties) shall be kept upon the Property, nor (except for bona fide
emergencies) shall the repair or extraordinary maintenance of automobiles or other vehicles be
performed on any of the Property. This restriction shall not apply to vehicles, trailers, boats,
machinery, equipment or the like stored and kept within an enclosed storage room or garage.
The POID may, in the discretion of its Commissioners of the POID, consider whether to provide
and maintain a suitable area designated for the parking of such vehicles.
N. The area of each lot and the width of each lot at the front building line shall be specified by
Developer for each phase of the addition in accordance with the Supplemental Plat and Bill of
Assurance filed for each phase.
O. No lot shall be subdivided unless the written consent of Developer and the Little Rock Planning
Commission is first had and obtained, and any required action by the POID is taken, such as an
approved plat amendment.
P. No principal residential structure shall be constructed or permitted to remain on any lot platted
hereby as THE TRAILS unless the livable floor area thereof, exclusive of porches, patios,
carports, garages and breezeways meets the following standard:
Lots 20,000 square feet (0.45 acres) or less shall have a minimum livable square footage
of 1,400 square feet with at least 1,000 square feet being on the main level in a dwelling
with one and one-half or more stories.
• Lots larger than 20,000 square feet or more than (0.45 acres) shall have a minimum
livable square footage of 2,000 square feet with at least 1,500 square feet being on the
main level in a dwelling with one and one-half or more stories.
Square footage is measured on the outside or ("brick to brick") of the principal residential
structure. The term "livable floor" as used in this paragraph shall include interior spaces for
Page 13 of 17
normal residential activities, such as living, dining and sleeping areas, which areas may be on
different levels.
Q. No poles, towers, or similar structure of any kind, including but not limited to any radio or
television antenna or tower, shall be built or permitted to remain upon any lot.
R. No trailer, tent, shack, garage, garage apartment, hutment, barn, structure of a temporary
character, or outbuilding of any kind on said land shall at any time be used or occupied as a
residence, temporarily or permanently.
S. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash,
ashes or other refuse be thrown, placed or dumped upon any public way, easement, vacant lot, or
common area, nor shall anything ever be done which may be or become an annoyance or
nuisance to the neighborhood.
T. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two
(2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner
residential lot within the triangular area formed by the street property lines and a line connecting
them at points twenty-five feet (25') from the intersection of the street lines, or, in the case of a
rounded property corner, from the intersection of the street property lines extended. The same
sight line limitation shall apply on any lot within ten feet (10') from the intersection of the street
property line with the edge of a driveway or alley pavement. No tree shall be permitted to
remain within such intersection unless the foliage lines are maintained at sufficient height to
prevent obstruction of such sight lines.
U. No fence, wall, or hedge shall be permitted to extend beyond the established minimum front
building setback line or from the side yard building line to the street on corner lots unless
specifically approved by the Architectural Control Committee. It is not the intention of this
paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard.
V. Chain link or other similar fences are strictly prohibited and shall not be used under any
circumstances except for use as pet enclosures as set forth in subparagraph (H). Wooden privacy
fences of a style specified by the Architectural Control Committee, picket fencing and wrought
iron fencing of appropriate color, size, design and location may be utilized if approved in
advance by the Architectural Control Committee. Fencing adjacent to greenbelt areas, service
roads and pedestrian trails should not interfere with the usage and enjoyment of any greenbelts,
trails, or service roads. All fences must comply with the City of Little Rock and any/all
governing authorities. All other types of fencing are not allowed on the Property or the Common
Properties. The design, construction and material of any fence or wall must be submitted for
consideration by the Architectural Control Committee in the same manner as provided in Article
6 hereinabove for Architectural Control.
W. All dwellings and other structures erected upon any lot as a Residential Unit shall be served by
all public utilities, including private sewer system.
X. No building or any other permanent structure or improvement of any kind, whether herein
specifically enumerated or not, shall be built or maintained within the area of any of the
easements, and no alteration, including grading, filling, excavation or other site work may be
Page 14 of 17
done within the area of any of the easements shown on the plat which may damage or interfere
with the installation and maintenance of utilities or which may change the direction of flow of
drainage channels, or which may obstruct or retard the flow of water through drainage channels;
and, in the event any such obstruction is placed thereon in violation of this restriction and
reservation, no public authority will be liable for destruction of same in maintaining or repairing
its lines located within the area of said easement. Easements, including drainage channels, shall
be mowed and generally maintained by the Owner of the lot over which the easement or
drainage channel is platted except for improvements installed in those easements for which a
public authority or utility is responsible.
Y. No concrete, asphalt or other obstruction shall be placed in the street gutters. Curbs shall be
saw -cut at driveways and driveway grades lowered to meet the gutter flow line or not more than
two inches (2") above said flow line.
Z. No satellite receiver dish ("dish") shall be erected, placed or maintained on any lot, except that
dishes not larger than twenty-four inches (24") in height may be allowed if attached to the back
of the served dwelling and if approved by the Architectural Control Committee. Only one (1)
dish will be permitted on any one (1) lot and shall be out of view from the front of adjoining
properties. These restrictions shall be cumulative and in addition to any municipal or
governmental restrictions and requirements.
AA. No motorboat, houseboat, canoe, sailboat, personal watercraft, or other similar waterborne
vehicle, and no camper, trailer or recreational vehicle may be kept in the street right-of-way or in
the area between the street and the building setback line, or in the side yard area.
1313. All construction, excavation, site grading, trenching, diggings, equipment storage and usage,
and other activities on the Property shall be undertaken in compliance with the rules and
guidelines established by the Architectural Control Committee. These guidelines shall restrict or
prohibit certain types of activity, such as grading or backfilling, which may damage trees and
other plants.
It is the responsibility of each Owner to ensure that the Owner and every contractor employed by
the Owner has reviewed and agreed to comply with the foregoing common scheme restrictions prior
to commencement of site preparation or construction.
ARTICLE 8
GENERAL PROVISIONS
Section 1. Noxious Activity._ No loud, disturbing, unsanitary, dangerous, hazardous, noxious,
illegal, or offensive trade or activity shall be carried on upon the Common Properties or any portion
of the Property. Nor shall any annoyance or nuisance created or sustained by any Owner upon the
Property or Common Properties be tolerated or permitted.
Section 2. Duration. The Covenants and Restrictions of the Declaration shall run with and bind
the Property, shall be and remain in effect, and shall inure to the benefit of and be enforceable by the
POID or the Owners of any of the Property, their respective legal representatives, heirs, successors
Page 15 of 17
Section 3. Notices. Any notice required or permitted to be sent to any Property Owner pursuant
to any provision to this Declaration may be served by depositing such notice in the mails, postage
prepaid, addressed to the Property Owner to whom it is intended at the Owner's last known place of
residence and such service shall be deemed sufficient. The date of service shall be the date of
mailing.
Section 4. Assignability. Notwithstanding any other provision herein to the contrary,
Developer shall at all times have the right to fully transfer, convey and assign all of its rights, title,
interest, obligations under this Declaration provided that such transferee, grantee, or assignee shall
take such rights subject to all of the Covenants and Restrictions contained herein, and in such event,
the transferee shall be deemed to be Developer.
Section 5. Severability. Invalidation of any of the covenants, restrictions, requirements,
provisions, or any part thereof by an order, judgment, or decree of any court, shall in no way affect
any other provisions of this Declaration, which shall remain in full force and effect.
Section 6. Amendment. These covenants, restrictions and assurances shall not be amended,
canceled, restated, or supplemented unless an instrument signed by at least ninety (90%) of the
Owners of the aforesaid lots is placed on record agreeing to change them in whole or in part, and any
change must be approved by the controlling governmental planning commission. Specifically
rmitted however as lon as the developer owns record title to ten percent 10% or more of the
lots, amendments and restatements mgy be effected by the developer.
Section 7. Execution of Counterparts. This Declaration may be executed in any number of
counterparts with the same effect as if all parties had all signed the same document. All counterparts
shall be construed as and shall constitute one and the same agreement.
IN WITNESS WHEREOF, Developer has hereunto set its handTd seal thisz' -o day of
C� 201 S. j1
Page 16 of 17
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this Zr-Vk day of ,,t 2015, before me, a notary public, duly
commissioned, qualified and acting ithin and for the county and state aforesaid, appeared in person
1A/, ,,O 2 k j Z 4 e , to me well known, who stated that he was the owner of
UnleaAed Innovations, Inc., an Arkansas corporation, and was duly authorized in his capacity to
execute the foregoing instrument for and in the name and on behalf of said corporation, 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 the day and
year aforesaid.
My Commission Expires:
.10'1-2-'7%
Page 17 of 17
Exhibit A
That part of Section 33 and that part of the West Half of the Southwest Quarter of Section 34,
Township 2 North, Range 14 West, Pulaski County, Arkansas, more fully described as
follows: Commencing at the Southeast corner of the Northwest Quarter of the Southwest
Quarter of said Section 34 and run thence N88010'14"W along the north line of said NW %
SW Y4 a distance of 77.0 feet to a point on the south right of way of Kanis Road, said point
being the point of beginning of property herein described: thence N88010'14"W along the
north line of the NW'/4 SW % a distance of 390.35 feet to a #4 rebar on the north line of
property described in Special Warranty Deed Instrument #2002128292, Pulaski County,
Arkansas; thence S27°42'30"W along the north line of said property (Instr#20022128292) a
distance of 266.50 feet to a #4 rebar cap #1281; thence N88026'44"W along the north line of
said property (Instr#20022128292) a distance of 1,021.56 feet to a #4 rebar cap #1281;
thence S2041'12"W along the north line of said property (Instr#20022128292) a distance of
741.91 feet to a #4 rebar cap #1281; thence N87057'35"W along the north line of said
property (Instr#20022128292) a distance of 317.96 feet to a #4 rebar cap #1281; thence
N44°30'24"W along the north line of said property (Instr#20022128292) a distance of 984.30
feet to a #4 rebar cap #1281; thence N87039'03"W along the north line of said property
(Instr#20022128292) a distance of 1,320.30 feet to a #4 rebar cap #1281 on the west line the
Southwest Quarter of the Southeast Quarter of said Section 33; thence N2016'02"E along the
west line of said SW Y4 SE Y4 a distance of 325.00 feet to a Bolt at the southwest corner of the
Northwest Quarter of the Southeast Quarter of said Section 33; thence N2016'02"E along the
west line of said NW'/4 SE % a distance of 1,307.18 feet to a stone pile at the Northwest
corner thereof; thence N87045'27"W along the south line of the Southeast Quarter
of the Northwest Quarter of said Section 33 a distance of 998.80 feet to a #4 rebar at the
southeast corner of the West Half the Southwest Quarter of the Southeast Quarter of the
Northwest Quarter of said Section 33; thence North 85005'25" West a distance of 246.45 feet
to the proposed west right of way of Walnut Grove Road being 65' overall, 32.5 feet both
sides of the centerline; thence the following courses along the proposed west right of way of
said Walnut Grove Road: North 11054'53" West 22.89 feet, North 27058,18" West 73.81 feet,
North 40013'39" West 38.73 feet, North 44013'53" West 34.24 feet, North 49045'21" West
345.73 feet, North 49008'51" West 360.83 feet, North 49048'00" West 110.61 feet, North
40011'56" East 22.5 feet, North 49048'04" West 21.97 feet, North 52017'18" West 99.24 feet to
the start of a curve to the right; thence 185.92 feet along the arc of said curve, having a
Raduis of 100.00 feet and a chord distance of 160.27 feet, to a point on the south right of
way line of Kanis Road; thence following courses along the south right of way line of Kanis
Road, being 30' south and parallel with the center line thereof: North 54014'05" East 121.12
feet, North 57°10'41" East 57.58 feet, North 65047'03" East a distance of 53.60 feet; North
78031'33" East 47.88 feet, South 88046'16" East 41.67 feet, South 77054'00" East 52.66 feet,
South 73026'47" East 98.15, South 73020'11" East 192.27, South 73022'55" East,
S72028'40"E, 463.51 feet; S65007'26"E, 308.53 feet; S67043'45"E, 317.98 feet S65003'15"E,
510.76 feet; S65053'18"E, 264.62 feet; S67027'27"E, 161.08 feet; S67052'10"E, 318.20 feet;
S71 °05'1 YE , 162.21 feet; S72021'52"E,165.66 feet; S68°42'44"E, 168.14 feet; S67012'26"E,
169.77 feet; S67°27'55"E, 261.62 feet; S64029'40"E , 148.89 feet; S62024'17"E , 315.00 feet;
S62032'08"E , 396.17 feet; S60004'55"E, 392.37 feet; S60044'12"E, 649.79 feet;
S56030'49"E , 223.24 feet; S50031'22"E 176.40 feet; S48058'07"E , 119.55 to the point of
beginning, containing 153.8 acres more or less.
Subject to Wooded Buffer zone as described in Special Warranty Deed Instrument
#1999099475, Pulaski County, Arkansas: That portion of the above described real property
located within one hundred (100) feet of the right of way of Kanis Road is wooded buffer
zone. Other than three road/driveway connections being allowed to be constructed through
the wooded buffer zone for access to the above described real property, no owner of all or
any portion of the above described real property may construct any buildings, structures or
other improvements within the wooded buffer zone, cut any trees, plant or other natural
vegetative growth within the wooded buffer zone, or Modify by grading or otherwise the
existing contour of the wooded buffer zone.
THE TRAILS
AN ADDITION TO THE CITY OF LITTLE ROCK
DECLARATION OF COVENANTS AND RESTRICTIONS
UNLEASHED INNOVATIONS, INC.
TO
THE PUBLIC
This Declaration of Covenants and Restrictions is made this day of
VD CA 2015, by Unleashed Innovations, Inc. (hereinafter called "Developer"), a corporation
established under the laws of the State of Arkansas.
WITNESSETH:
WHEREAS, Developer has caused said tract to be surveyed by, Phillip Lewis, Registered
Professional Civil/Structural Engineer, PE# 9540 and Curtis M. Nalley, Jr. Land Surveying, PLS# 1546,
State of Arkansas, and a plat thereof made which is identified by the title, THE TRAILS, Little Rock,
Arkansas, dated May, 20 2015 and by the signature of the said engineer and the said developer, and bears a
Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of
the Circuit Clerk and ex-officio Recorder of Pulaski county, Arkansas, in the Plat Book
Page and the developer does hereby make this Bill of Assurance.
WHEREAS, Developer is the present owner of the real property located in Pulaski County,
Arkansas, more particularly described on Exhibit A attached hereto and as hereinafter defined (the
"Property"); and desires to create a community with common facilities and amenities to be known as THE
TRAILS; and
WHEREAS, Developer presently intends to develop the Property or cause the Property, and any
additional property added by Developer, to be developed over an extended period of time and in phases.
WHEREAS, portions of the Property shall be subdivided from time to time into building lots, tracts,
service roads, and streets as shown on Plats and Bills of Assurance filed in conjunction herewith, and that
such subdivided property shall be held, owned, and conveyed subject to the terms, conditions, and protective
covenants contained in this Declaration and in the Supplemental Plats and Bills of Assurance;
WHEREAS, Developer may provide open spaces, greenbelts, service roads, gardens, walkways,
trails, streams, entry features, recreational areas, and other facilities for the use, enjoyment and benefit of all
the residents in those portions of the Property actually developed; and
WHEREAS, Developer desires to promote the conservation and enhancement of natural amenities
and resources on and about the Property;
WHEREAS, Developer deems it desirable to create THE TRAILS Recreational Property Owners
Improvement District ("POID") to own, maintain, and administer the Common Properties (as hereinafter
defined), to administer and enforce the Covenants and Restrictions (as hereinafter defined) imposed on the
property to which the Covenants and Restrictions (as hereinafter defined) imposed on the property to which
Page 1 of 17
the Covenants and Restrictions are made applicable, and to collect, hold, and disburse the charges and
assessments hereinafter provided for, all in order to protect and enhance the value of the homes and lots, or
building lots, and in order to insure the residents' enjoyment of the Common Properties; and
WHEREAS, Developer intends that every Owner (as hereinafter defined) of a Residential Unit (as
hereinafter defined) which is made subject to this Declaration does automatically and by reason of such
ownership and this Declaration become a member of the POID and become by ownership subject to the
rules, regulations and assessments made by the POID;
NOW, THEREFORE, Developer declares that the property which is made subject to this Declaration
pursuant to Article 2 hereof shall now and hereafter be held, transferred, sold, conveyed, owned and
occupied subject to the Covenants and Restrictions hereinafter set forth, and all additional Covenants and
Restrictions in Supplemental Plats and Bills of Assurance, all of which are for the purpose of enhancing,
preserving and protecting the value, desirability, natural resources, natural beauty and attractiveness of such
property. Such Covenants and Restrictions are part of, and constitute a unified, interdependent plan for
ownership, use, maintenance, and development. These Covenants and Restrictions shall run with the land,
and shall be binding on all parties having or acquiring any right, title, or interest in such property or any part
thereof and shall inure to the benefit of each Owner thereof. These Covenants and Restrictions shall be filed
in the permanent real estate records of the Office of the Circuit Clerk and Recorder of Pulaski County,
Arkansas, and such filing shall constitute notice to the world of the existence and binding nature of these
Covenants and Restrictions. Each and every deed of conveyance for any lot or tract in THE TRAILS
describing the same by the number or numbers as shown on the filed plat for such property shall always be
deemed a sufficient description thereof.
ARTICLE 1
DEFINITIONS
The following terms, when used in this Declaration of Covenants and Restrictions for THE TRAILS, an
Addition to the City of Little Rock, unless the context shall clearly indicate to the contrary, shall have the
following meaning:
A. "Common Properties" shall mean and refer to those areas of land and easements, together with
all structures and facilities now or hereafter constructed thereon, conveyed or to be conveyed to
the POID, which shall be devoted to the common use and enjoyment of the Owners of the
Property, such as, but not necessarily including or limited to, the following: green spaces,
greenbelts, open spaces, walkways, walking trails, ponds, dams, spillways, water control
structures, bicycle lanes, service roads, sanitation systems, entry features, sales offices used by
Developer, and other ornamental areas.
B. "Covenants and Restrictions" shall mean and refer to all covenants, restrictions, easements,
charges, and liens set forth in this Declaration or set forth on the Plats and Bills of Assurance
recorded in conjunction with the subdivision and development of the Property.
C. "Developer" shall mean and refer to Unleashed Innovations, Inc., a corporation established
under the laws of the State of Arkansas, its successors and assigns.
Page 2 of 17
D. "Development Documents" shall mean and refer to the Bylaws of the POID, and all plats, bills
of assurance, Covenants and Restrictions applicable to the Property.
E. "Development Plan" shall mean and refer to the plan or plans as proposed, amended or changed
from time to time, by Developer for the development of the Property and any additional property
added to jurisdiction of the POID pursuant to Article 2 of this Declaration.
F. "Manager" shall mean and refer to any Person or Persons with whom the POID contracts for the
day-to-day administration and operation of the Common Properties.
G. "Owner" shall mean and refer to the record owner, whether one or more persons, by purchase,
transfer, assignment, devise or foreclosure of a fee or undivided fee interest in any portion of the
Property, or any later added property which may hereafter come under the definition of Property
pursuant to this Declaration, including contract buyers who reside on the Property, but excluding
those having an interest merely as security for the performance or payment of an obligation.
H. "Person" shall mean and refer to any natural person, corporation, partnership, limited
partnership, limited liability company, joint venture, association, trust or any other such entity.
"POID" shall mean and refer to THE TRAILS Recreational Property Owners Improvement
District, its successors and assigns.
J. "Property" shall mean and refer to the real property described on Exhibit A attached hereto and
made a part hereof, and as further defined in Article 2 hereof, which is now or may hereafter be
made a part of THE TRAILS, an Addition to the City of Little Rock, including any additional
real property which may be added to the jurisdiction of the POID pursuant to the provisions of
Article 2, Section 2 of this Declaration.
K. "Recreational Purposes" shall mean and include activities such as picnicking, engaging in
sporting activities, walking, jogging, use of non -motorized vehicles (except motorized vehicles
used by emergency services such as police, fire and ambulance), activities as may be delineated
by the Commissioners of the POID from time to time.
L. "Residential Unit" shall mean and refer to each single-family detached house and each platted
single lot subdivided by filed plat intended for and suitable for construction of a single-family
detached residence prior to the commencement or completion of construction on such lot located
in THE TRAILS, an Addition to the city of Little Rock, or otherwise subject to the jurisdiction
of the POID, but shall not include any part of the Common Properties or dedicated streets.
ARTICLE 2
PROPERTY SUBJECT TO DECLARATION
Section 1. Property Covered by This Declaration.
The real property described on Exhibit A shall be held, transferred, sold, conveyed and occupied
subject to this Declaration. The Property consists of platted or unplatted land which may be subsequently
platted by Developer as it deems appropriate.
Page 3 of 17
Section 2. Additional Property Hereafter Subjected to This Declaration.
Developer, its successors and assigns, shall have the sole and irrevocable right to add and include, at
any time, additional real property to the jurisdiction of this Declaration and to the definition contained herein
of "Property", whether or not such additional property is described on Exhibit A, without the consent or
approval of the members, or Commissioners of the POID. Developer may, prior to platting, delete property
from Exhibit A. Developer's exclusive right to subject additional lands to the jurisdiction of this Declaration
and to the definition of "Property" contained herein, or to delete property, shall be assignable, in full or in
part. All additions and inclusions of additional land hereunder shall be effective upon Developer's executing
and filing for record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, a
Supplemental Declaration describing the additional property which is to become part of the Property and
stating that this Declaration does thereafter bind and apply to such additional property. Deletions shall be
made by filing a Supplemental Declaration describing the property which is to be deleted.
Notwithstanding anything contained herein to the contrary, this Declaration does not create any
charge, lien or encumbrance on any property, unless, if and until such property is subjected hereto by Plat,
Bill of Assurance and Supplemental Declaration in the manner contemplated hereby and then only from that
time forward. Upon the platting of such property, the jurisdiction, functions, duties and benefits of
membership of the POID shall automatically be extended to the platted lands.
Section 3. All Owners Bound. All Property bears the burden and enjoys the benefits of this
Declaration. All Owners shall be deemed by reason of taking record title to a portion of the Property to agree
to all of the terms and provisions of this Declaration.
Section 4. Additions Limited to Developer. Unless Developer consents in writing, no one other
than Developer may subject additional lands to this Declaration or extend the benefits of the POID to any
person except those described herein.
ARTICLE 3
PROPERTY OWNERS EMPROVEMENT DISTRICT (POID)
All lots in THE TRAMS, in addition to being bound by this Bill of Assurance are also within THE
TRAILS Property Owner's Recreational and Street Improvement District No. of Pulaski, County,
Arkansas established by order number signed by dated
. As such all such Lots are subject to the matters established thereby and
therein including but not limited to, assessments levied against the Lots in THE TRAILS to enable the
Improvement District to accomplish its purposes set out therein including, without limitation, the
maintenance, preservation, improvement, management and servicing of the general interest areas, including
but not limited to green areas, landscaped areas, district lighting improvements, street lighting improvements,
entrance signs, sanitation system, service, roads, trails and other such improvements.
In connection therewith the Improvement District may maintain such policy or policies of liability
and fire insurance with respect to the general interest areas and personal property, if any, owned by the
Improvement District as provided herein in furthering the purposes of and protecting the interests of the Lot
owners; grant easements, rights of way, or strips of land where necessary for utilities and sewer facilities
Page 4 of 17
over the dedicated easements to serve the general interest areas and the Lots: and, levy Improvement District
Assessments as the Improvement District deems appropriate. By purchase of a Lot in THE TRAILS each
such purchaser commits and agrees to pay the levy of the Improvement District assessments. Such
assessments shall create a lien upon the Lots assessed similar in priority as ad valorem taxes and subject to
foreclosure of the Lot, and improvements thereon for non -payments provided by the Arkansas Property
Owners' Improvement District Laws of Arkansas.
Exempt from Improvement District Assessments are all Property dedicated to and accepted by a
local public authority. Assessments are made by an independent assessor to determine the requirements of
collection for operation, maintenance and upkeep for the Lights, Fixtures, Decorative Fencing, Landscaping,
Entrance Signs and other items previously mentioned serving the Improvement District. This will be
submitted as an Assessment Book that will list each property and each property owner. Once approved, the
County collects the amount due. These funds are primarily used (without limiting the use of the funds for all
purposes authorized and permitted by law) to cover:
• Operation & servicing of the Property Wastewater Treatment Facility
• Electrical costs for street and entrance sign lighting
■ General cleanup of Public Right of Way areas
• Maintenance & upkeep of signs and decorative fences at entrances
■ General landscaping upkeep at entrances
• Any administrative, legal and miscellaneous costs associated with the Property Owners Improvement
District
• Maintenance of all storm water facilities that are located outside the public right-of-way (ROW)
Section 1. Sewage Disposal. No individual septic disposal system shall be installed on any Lot.
Developer plans to utilize a portion of the Property as a community septic disposal system, for the benefit of
each Lot Owner (the "Community System"). The Community System shall be constructed by Developer and
maintained by Developer and/or his agent as dictated by the laws of the State of Arkansas. Maintenance and
operation of the Community System will be performed by a Class II or III licensed operator approved by the
Arkansas Department of Environmental Quality (ADEQ). Exception to maintenance would be residence
connection lines and any damages caused by lot owners and their invitees.
By purchasing a Lot, each Lot Owner herby reserves and grants an easement on to and across the
property to Developer or Developer's Representative, as applicable, for the installation, maintenance and
repair of the Community System. By purchasing a Lot, each Lot Owner also agrees to pay the charges
assessed by the POID for operation, maintenance, repair, and replacement of the Community System with
Applicable Laws.
By purchasing a Lot, each Lot Owner hereby accepts total liability for damages caused by such Lot
Owner and its invitees for any negligent or intentional acts which may cause damage to the Community
System. Each Lot Owner further agrees that such Lot Owner will not knowingly discharge or allow to be
discharged any material, chemical, solid, or liquids into the Community System that will create an
environmental hazard or that will cause damage to any part of the Community System.
ARTICLE 4
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THE COMMON PROPERTIES; THE DEVELOPER'S DUTY TO CONVEY; PROPERTY
OWNERS' RIGHTS IN THE COMMON PROPERTIES
Section 1. Conveva nee of Common Properties. Developer hereby covenants with the POID to
convey to the POID, and the POID covenants with Developer to accept, at such time as Developer deems
appropriate after the property is developed and finally platted, that property designated as ponds, protected
greenbelt buffers, trails, sanctuaries or other common areas as shown and described on plats of THE
TRAILS, an Addition to the City of Little Rock. In addition, Developer shall convey such other real
property and assets as it may deem to be in the best interest of the POID for the use and enjoyment of the
members of the POID, and Developer may assign to the POID any contractual or any other rights it may
have which Developer, in its sole discretion, determines would be of benefit to the POID for the continued
enjoyment and security of the Owners with respect to the Property and the Common Properties. Developer
may convey certain property, such as floodway and right-of-way (ROW), to governmental entities in order to
meet the requirements of such entities.
Developer covenants and agrees with the POID that any conveyance of land to the POID shall be
made by quitclaim deed and subject to the easements, covenants and provisions of this Declaration.
Section 2. Property Owners' Easements of Enjoyment. Every member of the POID shall have a
common right and easement of enjoyment in and to the Common Properties, including but not limited to a
non-exclusive right of ingress and egress and a non-exclusive right to use the Common Properties for
Recreational Purposes, which shall be appurtenant to and shall pass with the title to all portions of the
Property, subject to the following provisions:
A. The right of the POID to impose reasonable rules upon the Common Properties;
B. The right of the POID to suspend the right to the use and enjoyment of the Common Areas by
any member for any period during which any assessment remains unpaid by such member and
for such period as it considers appropriate for any infraction of its published rules and
regulations;
C. The right of the POID to dedicate or transfer all or any part of the Common Properties to any
public agency, authority, or utility for such purposes and subject to such conditions as it shall
deem necessary or desirable for the proper servicing and maintenance of the Common
Properties;
D. THE TRAILS private sanitation system must be serviced and operated by a Class II or III
licensed operator approved by the Arkansas Department of Environmental Quality (ADEQ);
E. Applicable zoning ordinances, governmental rules and regulations;
F. The right of the POID to take such steps as are reasonably necessary to protect the Common
Properties against foreclosure; and
G. The right of the Developer to impose reasonable Covenants and Restrictions in respect to such
Common Properties, in addition to those set forth herein, at the time of conveyance of such
Page 6 of 17
property to the POID, and such restrictions and covenants are hereby incorporated by reference
and made a part of this Declaration.
Section 3. Extension of Ri hts and Benefits. Every member of the POID shall have the right to
extend the right and easement of enjoyment under this Article 4 to the Common Properties to each tenant and
to each family or household member who resides in the Residential Unit and to such other Persons as may be
permitted by the Commissioners of the POID.
Section 4. Wooded Buffer Zone. Lots which front the public right-of-way (ROW) along Kanis
Road are included in an existing/deeded wooded buffer zone. The wooded buffer zone extends one hundred
(100) feet from the public ROW. No road/driveway connections are allowed to be constructed through the
wooded buffer zone. The wooded buffer zone also includes the following language "no owner of all or any
of the property located in the wooded buffer zone may construct any buildings, structures, or other
improvements within the wooded buffer zone, cut any trees, plants, or other natural vegetative growth within
the wooded buffer zone, or modify by grading or otherwise the existing contour of the wooded buffer zone.
This restriction on the use of the above described real property shall run with the land and shall be binding
upon the grantee, its successors, heirs, assigns or transferees, and such restrictions are expressly accepted by
grantee as a condition of the purchase of the real property described in this special warranty deed."
ARTICLE 5
ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner, by
acceptance of a deed or other conveyance of any portion of the Property, shall be deemed to covenant and
agree to pay to the POID: (a) annual assessments and charges, and (b) special assessments, if necessary.
Such annual and special assessments shall be fixed, established and collected from time to time as hereinafter
provided and as set forth by the Commissioners of the POID. The annual and special assessments, together
with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on the land,
shall be a continuing lien upon the property against which each such assessment is made, and shall also be
the personal obligation of the Person who is the record Owner of the property at the time the assessment fell
due.
Section 2. Subordination.
A. The lien of the assessments provided for herein shall be subordinate to the lien of any first
mortgage placed on such Residential Unit in connection with its purchase. Sale or transfer of
any property subject to the charges and liens herein created shall not affect any preexisting
assessment lien, except in the case of a sale or transfer of any Residential Unit pursuant to the
foreclosure of a purchase money first mortgage, or any bona fide proceeding in lieu thereof,
which proceedings shall extinguish the lien of such assessments as to payments which became
due prior to such sale or transfer. The POID shall have the right to foreclose its lien or obtain
judgment for assessments due in such foreclosure suit. No such sale or transfer shall relieve the
subject property from liability for any assessments thereafter becoming due or from the
continuing lien thereof. The Commissioners of the POID shall notify the first mortgagee, upon
request, of any default in the performance by the individual Owner of any obligation under this
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Declaration or the Development Documents which is not cured within sixty (60) days after the
Due Date.
B. The subordination created herein is merely a subordination and shall not relieve the Owner of
the personal obligation to pay all assessments and charges arising or coming due while the
Owner owns such property; and no sale or transfer of such property to the mortgagee or to any
other Person pursuant to a decree of foreclosure shall relieve any existing or previous Owner of
the personal obligation for any assessments or charges authorized in this Declaration.
Section 3. Exempt Property. Common Properties, properties dedicated to the public, public
right-of-way (ROW) and Property which is not yet platted and subdivided shall be exempt from
assessment by the POID.
ARTICLE 6
ARCHITECTURAL CONTROLS
Section 1. Designation of Architectural Control Committee. The POID shall have an
Architectural Control Committee, consisting of at least three (3) and not more than five (5) members who
shall all be natural persons. The members of the Architectural Control Committee, and all vacancies, shall
be appointed by Developer so long as Developer shall own at least ten percent (10%) of the Property. Once
Developer no longer owns at least ten percent (10%) of the Property, the members of the Architectural
Control Committee, and all vacancies, shall be appointed by the Commissioners of the POID.
Section 2. Function of Architectural Control Committee. Accessory structures such as
outbuildings and swimming pools are allowed in THE TRAILS, per the City of Little Rock R-2 single
family zoning. No building, living unit, fence, wall, accessory structure, outbuilding, parking area, driveway,
swimming pool, satellite dish, pole, lake, pond, drainage facility, tennis court, basketball court, antenna,
electronic transmitter or receiver, or other structure shall be commenced, erected, or maintained, and no
alteration or repainting in a different color or style to the exterior of any of the above shall be made and no
significant landscaping performed upon the Property, nor shall any exterior addition to or change therein be
made unless complete plans, specifications, and site plans showing the exterior design, nature, kind, shape,
height, color scheme, building materials, and location of the same, the location and size of driveways, the
general plan of landscaping, facing of such improvements with respect to existing topography, fencing, walls
and windbreaks, grading plan, and any other requested materials shall have been submitted to and approved
in writing by the Architectural Control Committee. This provision shall not apply to Developer in the
construction or maintenance of living units, landscaping, fencing, or other improvements which it undertakes
in the Property and Common Properties.
Section 3. The Basis of Approval. The Architectural Control Committee shall evaluate all
submissions on the individual merits of each application, subject to such site development and architectural
guidelines which the Committee may from time to time adopt. The site development and architectural
guidelines may change from time to time, but they shall be at all times in conformity with, and be subject to,
the covenants, restrictions and requirements of this Declaration. Approval of plans and specifications shall
be based on, among other things, adequacy of site dimensions, structural design, conformity and harmony of
external design and of locations with neighboring structures and sites, conformity with and preservation of
existing wooded landscape, relation of finish grades and elevations to neighboring sites, and conformity to
both the specific and general intent of the protective covenants. Enclosed garages shall be required to
Page 8 of 17
accommodate a minimum of two (2) standard sized cars, trucks or SUV's; however, the Architectural
Control Committee may, in its sole discretion, approve or disapprove an open carport if it is located behind
the residence it serves and if the open carport is not visible from the streets adjoining the residences. The
plans and specifications to be submitted in writing and approved must include the following:
A. A topographical plat showing existing contour grades, the location of all improvements,
including structures, walks, driveways, fences, walls, patios and decks.
B. Exterior elevations.
C. Exterior materials, colors, textures, and shapes.
D. Structural design plan.
E. Landscaping plan.
F. Driveway plan.
G. Utility Connections.
H. Exterior illumination locations.
Section 4. Architectural Guidelines. The Architectural Control Committee may establish certain
site development and architectural guidelines. All plans and specifications will be evaluated under the site
development and architectural guidelines then in force and effect. The Architectural Control committee may
approve exceptions to the site development and architectural guidelines then in force by a majority vote. The
current site development and architectural guidelines shall be available for inspection by all Owners within
the POID.
Section 5. Action by Committee. A majority vote of the Architectural Control Committee shall be
required for the approval or disapproval of said plans and specifications; provided, however, that the
Committee may designate a single member to approve or disapprove such plans and specifications. In the
event said Committee or its designee fails to approve or disapprove any such plans and specifications within
thirty (30) days after said plans and specifications have been submitted to it, approval shall be deemed to be
granted and compliance with this Article shall be presumed. Nothing herein contained nor the required
consent of the Architectural Control Committee shall in any way be deemed to prevent any of the Owners of
Property in THE TRAIIS from maintaining any legal action relating to improvements within THE
TRAMS which they would otherwise be entitled to maintain. There shall be no separate compensation to
the Developer for architectural review services to be performed pursuant to this provision. The Developer
may be compensated for any other services rendered.
Section 6. Limitation on Liability. Under no circumstances shall the Developer, the Architectural
Control Committee, the POID or their Agents, employees, members or Commissioners ever be liable to any
Person for any action or failure to act, for negligence, mistakes, misfeasance or malfeasance in connection
with the performance of any of the duties of the Architectural Control Committee.
Page 9 of 17
ARTICLE 7
GENERAL
Section Duty of Maintenance. All Owners and occupants (including lessees, contract buyers,
builders, residents, and construction workers) of any part of the Property shall jointly and severally have the
duty and responsibility, at their sole cost and expense, to keep the exterior portion of the Property so owned,
occupied, or used, including buildings, improvements, structures, and grounds in a well -maintained, safe,
clean and attractive condition at all times. Maintenance includes, but is not limited to, the following:
A. Prompt removal of all trash, litter, refuse, yard waste, debris, unused building materials, and
waste.
B. Lawn mowing.
C. Tree and shrub pruning.
D. Watering of landscape.
E. Keeping exterior lighting and mechanical facilities in working order.
F. Keeping lawn and garden areas alive, free of weeds, and attractive.
G. Keeping parking areas, driveways, alleyways, and roads in good repair.
H. Complying with all governmental, health, and police requirements.
I. Repainting the exterior of improvements when necessary.
J. Repairing damages to exterior of improvements.
Section 2. Enforcement. If, in the opinion of the Commissioners of the POID, any Owner
or occupant has failed in any of the foregoing duties or responsibilities, then the Commissioners of
the POID or its designee may provide written notice of such failure, giving the Owner or occupant at
least ten (10) days from receipt of such notice to perform or initiate and continuously pursue the care
and maintenance required. Should any such person fail to fulfill this duty and responsibility within
the ten (10) day period, then the POID, 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 the damages for wrongful entry, trespass, or otherwise to any person whatever. The Owner of
any part of the Property on which work is performed by the POID shall be personally liable for the
cost of the work and shall promptly reimburse the POID for all such cost. If the POID has not been
reimbursed within thirty (30) days after invoicing such amount to the respective Owner, the
indebtedness shall be a debt of such delinquent Owner and shall constitute a lien against said
Owner's Residential Unit. This lien shall have the same attributes as the lien for assessments and
special assessments set forth in Article 5 herein, and the POID shall have identical powers and rights
in all respects, including but not limited to the right of foreclosure.
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Section 3. Common Scheme Restrictions. In accordance with the maintenance
requirements imposed on the Owners and occupants hereunder, the following restrictions are also
imposed with regard to the Property and Common Properties for the benefit of each of the Property
and Common Properties and may be enforced by the POID or the Owners of any of the Property
through any remedy available at law or in equity.
A. Each and every lot and home in THE TRAILS shall have a landscaping plan and shall have
installed prior to occupancy completed landscape which complies with the landscape plan. The
Architectural Control Committee may, in its discretion, approve an initial house plan and site
submission which does not include a landscaping plan. Irrespective of this approval, and without
any further reservation, each and every lot in THE TRAILS shall be landscaped prior to
occupancy with a sodded yard around the residence, trees, shrubs, ornamental plantings, gardens
and other landscaping elements typical in a first class subdivision containing homes of similar
size and value. All landscaping, whenever installed, shall be subject to review by the
Architectural Control Committee. All landscaping installed without prior written approval of the
Architectural Control Committee shall be installed at the risk of the lot owner, including any
person who shall take title subsequent to the installation, and no landscaping is considered as
approval until written approval of the Architectural Control Committee has been obtained. Any
landscaping installed without specific written approval shall be removed by the property owner
upon request of the Architectural Control Committee. The particular landscaping requirements
for THE TRAILS shall be set out by the Architectural Control Committee, either in its written
guidelines or in comments to particular landscaping plans submitted pursuant to Section 3.
Typical landscaping would include shrubbery, or ornamental plantings along the front of
improvements, with such plantings to be in defined beds which are maintained free of weeds or
other invasive plantings. All landscaping shall comply with the guidelines of the Architectural
Review Committee and shall be maintained in accordance with best landscaping practices
consistently applied.
B. No homeowner, permanent resident, or guest of a homeowner or resident of THE TRAILS
shall park motor vehicles on the street or on any other public or private rights of way in THE
TRAILS except on a temporary basis. Except during special occasions, such as parties,
homeowners shall park their vehicles and the vehicles of their guests, family members and other
invitees either inside their garages or on their driveways. No vehicles owned by residents or
guests of residents in THE TRAILS shall be parked in any location in such a manner as to
obstruct the view of drivers or otherwise constitute a nuisance or hazard. No vehicle, motorboat,
houseboat, canoe, sailboat, personal watercraft or similar waterborne vehicle, or all -terrain
vehicle may be kept or parked in the street right-of-way or in the area between the street and the
building setback line, or in the side yard area. Campers, travel trailers and recreational vehicles
may be parked in the area between the street and the building setback line for brief periods,
maximum of two (2) days, and only for the purpose of cleaning, servicing and or stocking such
vehicles. No motorized or non -motorized vehicles may ever be parked or operated on
emergency service roads except for service vehicles or emergency vehicles on a temporary basis.
C. No residence may be occupied until all construction is completed, including the completion of
landscaping in accordance with an approved landscaping plan. Completion of the landscaping
plan shall include the installation of sod in all areas designated in the landscaping plan.
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D. No garbage, refuse, rubbish, tree limbs, pine straw, leaves or cuttings shall be deposited on any
street, road, or upon any of the Common Properties nor on the exterior of any Residential Unit or
lot unless placed in a container or way as determined by the sanitation department suitable for
pickup by municipal collectors. No disturbance of any kind, including grading, digging, filling,
removal of trees or vegetation, dumping or storage of materials will be permitted in common
areas. The POID may levy fines upon any person violating this covenant, the amount of such
fine being determined by the POID. Any fine not paid within twenty (20) days shall constitute a
lien against the lot of the offending owner.
E. No building material of any kind or character shall be placed upon any of the Property except in
connection with construction approved by the Architectural Control Committee. Construction
shall be promptly commenced and diligently prosecuted. All construction sites must be kept
clean and orderly, free of trash, construction waste and scrap materials.
F. No clothes line or drying yards shall be kept or allowed on the Property or Common Property.
Service yards, wood piles and storage areas shall be allowed only if located so as not to be
visible from a street, road, or any of the Common Properties. Recreation equipment such as
volleyball and badminton nets must be stored when not in use for an extended period of time.
G. Any exterior lighting installed on any Residential Unit or on any of the Property shall either be
indirect or of such controlled focus and intensity as not to disturb neighboring Owners or
adjoining Property.
H. No animals, livestock, or poultry of any kind shall be raised or kept on the Property or Common
Properties, except a reasonable number of fully domesticated ordinary household pets, in
accordance with local ordinances, shall be allowed for each Residential Unit, provided that they
are not kept or maintained for commercial purposes. Pet facilities and enclosures shall be
allowed only in the rear yard of any lot and must be constructed subject to any setback
requirements. Any chain link fencing materials must be painted black or coated with black
plastic. All pet facilities must be kept clean and maintained in a manner which precludes insect
infestations and odors.
I. Except for subdivision identification signs and informational, interpretive or directional signs
placed by the Developer or POID, no signs, posters, plaques, address markers, or
communications of any description shall be placed on the exterior of any structure or placed or
permitted to remain on any part of the Property of Common Properties unless previously
approved by the Architectural Control Committee. The size, style, construction and placement
of all mailboxes, newspaper boxes shall be subject to the prior review of the Architectural
Control Committee. No mailbox or newspaper box shall be erected unless first approved by the
Architectural Control Committee.
J. As to commercial signs, only one (1) free-standing construction sign and one (1) realtors' sign
will be permitted at any Residential Unit during construction, except on corner lots, where two
(2) of each shall be permitted. No signs of any type shall be attached to trees or shrubs. All
permitted signs must be erected on posts or stakes. Subcontractor signs may be allowed during
the period of time the subcontractor is performing their trade.
Page 12 of 17
K. Except for authorized maintenance and emergency vehicles, no motor vehicles of any type shall
be allowed on the pedestrian trails, service roads, greenbelts, open spaces, or other pedestrian
areas.
L. No used, previously -erected or temporary house or structure, no modular or prefabricated house,
no house trailer or non -permanent outbuilding shall be allowed to be placed, erected, or allowed
to remain on any of the Property or the Common Properties. No houses or portions of houses
shall be moved to or placed on the Property. No geodesic domes, hexagonal or octagonal homes
or other similar structures shall be allowed to be placed, erected or allowed to remain on any of
the Property or the Common Properties unless instructed by the Developer or POID for the
benefit of all property owners.
M. No inoperative, disassembled or junk vehicle of any kind, no commercial vehicle, and no trailer,
camper, recreational vehicles, camp truck, house trailer, boat, or other machinery or equipment
(except machinery and equipment as may be reasonable and customary in connection with the
use and maintenance of any improvements located upon the Property and except for such
equipment and machinery as the POID may require in connection with the maintenance and
operation of the Common Properties) shall be kept upon the Property, nor (except for bona fide
emergencies) shall the repair or extraordinary maintenance of automobiles or other vehicles be
performed on any of the Property. This restriction shall not apply to vehicles, trailers, boats,
machinery, equipment or the like stored and kept within an enclosed storage room or garage.
The POID may, in the discretion of its Commissioners of the POID, consider whether to provide
and maintain a suitable area designated for the parking of such vehicles.
N. The area of each lot and the width of each lot at the front building line shall be specified by
Developer for each phase of the addition in accordance with the Supplemental Plat and Bill of
Assurance filed for each phase.
O. No lot shall be subdivided unless the written consent of Developer and the Little Rock Planning
Commission is first had and obtained, and any required action by the POID is taken, such as an
approved plat amendment.
P. No principal residential structure shall be constructed or permitted to remain on any lot platted
hereby as THE TRAILS unless the livable floor area thereof, exclusive of porches, patios,
carports, garages and breezeways meets the following standard:
Lots 20,000 square feet (0.45 acres) or less shall have a minimum livable square footage
of 1,400 square feet with at least 1,000 square feet being on the main level in a dwelling
with one and one-half or more stories.
• Lots larger than 20,000 square feet or more than (0.45 acres) shall have a minimum
livable square footage of 2,000 square feet with at least 1,500 square feet being on the
main level in a dwelling with one and one-half or more stories.
Square footage is measured on the outside or ("brick to brick") of the principal residential
structure. The term "livable floor" as used in this paragraph shall include interior spaces for
Page 13 of 17
normal residential activities, such as living, dining and sleeping areas, which areas may be on
different levels.
Q. No poles, towers, or similar structure of any kind, including but not limited to any radio or
television antenna or tower, shall be built or permitted to remain upon any lot.
R. No trailer, tent, shack, garage, garage apartment, hutment, barn, structure of a temporary
character, or outbuilding of any kind on said land shall at any time be used or occupied as a
residence, temporarily or permanently.
S. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash,
ashes or other refuse be thrown, placed or dumped upon any public way, easement, vacant lot, or
common area, nor shall anything ever be done which may be or become an annoyance or
nuisance to the neighborhood.
T. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two
(2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner
residential lot within the triangular area formed by the street property lines and a line connecting
them at points twenty-five feet (25') from the intersection of the street lines, or, in the case of a
rounded property corner, from the intersection of the street property lines extended. The same
sight line limitation shall apply on any lot within ten feet (10') from the intersection of the street
property line with the edge of a driveway or alley pavement. No tree shall be permitted to
remain within such intersection unless the foliage lines are maintained at sufficient height to
prevent obstruction of such sight lines.
U. No fence, wall, or hedge shall be permitted to extend beyond the established minimum front
building setback line or from the side yard building line to the street on corner lots unless
specifically approved by the Architectural Control Committee. It is not the intention of this
paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard.
V. Chain link or other similar fences are strictly prohibited and shall not be used under any
circumstances except for use as pet enclosures as set forth in subparagraph (H). Wooden privacy
fences of a style specified by the Architectural Control Committee, picket fencing and wrought
iron fencing of appropriate color, size, design and location may be utilized if approved in
advance by the Architectural Control Committee. Fencing adjacent to greenbelt areas, service
roads and pedestrian trails should not interfere with the usage and enjoyment of any greenbelts,
trails, or service roads. All fences must comply with the City of Little Rock and any/all
governing authorities. All other types of fencing are not allowed on the Property or the Common
Properties. The design, construction and material of any fence or wall must be submitted for
consideration by the Architectural Control Committee in the same manner as provided in Article
6 hereinabove for Architectural Control.
W. All dwellings and other structures erected upon any lot as a Residential Unit shall be served by
all public utilities, including private sewer system.
X. No building or any other permanent structure or improvement of any kind, whether herein
specifically enumerated or not, shall be built or maintained within the area of any of the
easements, and no alteration, including grading, filling, excavation or other site work may be
Page 14 of 17
done within the area of any of the easements shown on the plat which may damage or interfere
with the installation and maintenance of utilities or which may change the direction of flow of
drainage channels, or which may obstruct or retard the flow of water through drainage channels;
and, in the event any such obstruction is placed thereon in violation of this restriction and
reservation, no public authority will be liable for destruction of same in maintaining or repairing
its lines located within the area of said easement. Easements, including drainage channels, shall
be mowed and generally maintained by the Owner of the lot over which the easement or
drainage channel is platted except for improvements installed in those easements for which a
public authority or utility is responsible.
Y. No concrete, asphalt or other obstruction shall be placed in the street gutters. Curbs shall be
saw -cut at driveways and driveway grades lowered to meet the gutter flow line or not more than
two inches (2") above said flow line.
Z. No satellite receiver dish ("dish") shall be erected, placed or maintained on any lot, except that
dishes not larger than twenty-four inches (24") in height may be allowed if attached to the back
of the served dwelling and if approved by the Architectural Control Committee. Only one (1)
dish will be permitted on any one (1) lot and shall be out of view from the front of adjoining
properties. These restrictions shall be cumulative and in addition to any municipal or
governmental restrictions and requirements.
AA. No motorboat, houseboat, canoe, sailboat, personal watercraft, or other similar waterborne
vehicle, and no camper, trailer or recreational vehicle may be kept in the street right-of-way or in
the area between the street and the building setback line, or in the side yard area.
BB. All construction, excavation, site grading, trenching, diggings, equipment storage and usage,
and other activities on the Property shall be undertaken in compliance with the rules and
guidelines established by the Architectural Control Committee. These guidelines shall restrict or
prohibit certain types of activity, such as grading or backfilling, which may damage trees and
other plants.
It is the responsibility of each Owner to ensure that the Owner and every contractor employed by
the Owner has reviewed and agreed to comply with the foregoing common scheme restrictions prior
to commencement of site preparation or construction.
ARTICLE 8
GENERAL PROVISIONS
Section 1. Noxious Activity. No loud, disturbing, unsanitary, dangerous, hazardous, noxious,
illegal, or offensive trade or activity shall be carried on upon the Common Properties or any portion
of the Property. Nor shall any annoyance or nuisance created or sustained by any Owner upon the
Property or Common Properties be tolerated or permitted.
Section 2. Duration. The Covenants and Restrictions of the Declaration shall run with and bind
the Property, shall be and remain in effect, and shall inure to the benefit of and be enforceable by the
POID or the Owners of any of the Property, their respective legal representatives, heirs, successors
Page 15 of 17
Section 3. Notices. Any notice required or permitted to be sent to any Property Owner pursuant
to any provision to this Declaration may be served by depositing such notice in the mails, postage
prepaid, addressed to the Property Owner to whom it is intended at the Owner's last known place of
residence and such service shall be deemed sufficient. The date of service shall be the date of
mailing.
Section 4. Assienability. Notwithstanding any other provision herein to the contrary,
Developer shall at all times have the right to fully transfer, convey and assign all of its rights, title,
interest, obligations under this Declaration provided that such transferee, grantee, or assignee shall
take such rights subject to all of the Covenants and Restrictions contained herein, and in such event,
the transferee shall be deemed to be Developer.
Section 5. Severability. Invalidation of any of the covenants, restrictions, requirements,
provisions, or any part thereof by an order, judgment, or decree of any court, shall in no way affect
any other provisions of this Declaration, which shall remain in full force and effect.
Section 6. Amendment. These covenants, restrictions and assurances shall not be amended,
canceled, restated, or supplemented unless an instrument signed by at least ninety (90%) of the
Owners of the aforesaid lots is placed on record agreeing to change them in whole or in part, and any
change must be approved by the controlling governmental planning commission. Specifically
ermitted however, as long, as the developer owns record title to ten percent 10% or more of the
lots amendments and restatements may be effected by the developer -
Section 7. Execution of Counterparts. This Declaration may be executed in any number of
counterparts with the same effect as if all parties had all signed the same document. All counterparts
shall be construed as and shall constitute one and the same agreement.
IN WITNESS WHEREOF, Developer has hereunto set its han nd seal this<-/2,0 day of
G .2015.
M.
Page 16 of 17
chie,
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this ZP�44 day of 44 2015, before me, a notary public, duly
commissioned, qualified and acting ithin and for the county and state aforesaid, appeared in person
��.e _, to me well known, who stated that he was the owner of
UnUn Ie�Innovations, Inc., an Arkansas corporation, and was duly authorized in his capacity to
execute the foregoing instrument for and in the name and on behalf of said corporation, 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 the day and
year aforesaid.
fr
Notary PubIi
My Commission Expires:
Page 17 of 17
Exhibit A
That part of Section 33 and that part of the West Half of the Southwest Quarter of Section 34,
Township 2 North, Range 14 West, Pulaski County, Arkansas, more fully described as
follows: Commencing at the Southeast corner of the Northwest Quarter of the Southwest
Quarter of said Section 34 and run thence N88°10'14"W along the north line of said NW %
SW % a distance of 77.0 feet to a point on the south right of way of Kanis Road, said point
being the point of beginning of property herein described: thence N88010'14"W along the
north line of the NW'/4 SW % a distance of 390.35 feet to a #4 rebar on the north line of
property described in Special Warranty Deed Instrument #2002128292, Pulaski County,
Arkansas; thence S27°42'30"W along the north line of said property (Instr#20022128292) a
distance of 266.50 feet to a #4 rebar cap #1281; thence N88026'44"W along the north line of
said property (Instr#20022128292) a distance of 1,021.56 feet to a #4 rebar cap #1281;
thence S2°41'12"W along the north line of said property (Instr#20022128292) a distance of
741.91 feet to a #4 rebar cap #1281; thence N87057'35"W along the north line of said
property (Instr#20022128292) a distance of 317.96 feet to a #4 rebar cap #1281; thence
N44030'24"W along the north line of said property (Instr#20022128292) a distance of 984.30
feet to a #4 rebar cap #1281; thence N87039'03"W along the north line of said property
(Instr#20022128292) a distance of 1,320.30 feet to a #4 rebar cap #1281 on the west line the
Southwest Quarter of the Southeast Quarter of said Section 33; thence N2°16'02"E along the
west line of said SW % SE'/4 a distance of 325.00 feet to a Bolt at the southwest corner of the
Northwest Quarter of the Southeast Quarter of said Section 33, thence N2°16'02"E along the
west line of said NW % SE % a distance of 1,307.18 feet to a stone pile at the Northwest
corner thereof; thence N87°45'27"W along the south line of the Southeast Quarter
of the Northwest Quarter of said Section 33 a distance of 998.80 feet to a #4 rebar at the
southeast corner of the West Half the Southwest Quarter of the Southeast Quarter of the
Northwest Quarter of said Section 33; thence North 85005'25" West a distance of 246.45 feet
to the proposed west right of way of Walnut Grove Road being 65' overall, 32.5 feet both
sides of the centerline; thence the following courses along the proposed west right of way of
said Walnut Grove Road: North 11054'53" West 22.89 feet, North 27058'18" West 73.81 feet,
North 40013'39" West 38.73 feet, North 44'13'53" West 34.24 feet, North 49°45'21" West
345.73 feet, North 49008'51" West 360.83 feet, North 49048'00" West 110.61 feet, North
40011'56" East 22.5 feet, North 49048'04" West 21.97 feet, North 52017'18" West 99.24 feet to
the start of a curve to the right; thence 185.92 feet along the arc of said curve, having a
Raduis of 100.00 feet and a chord distance of 160.27 feet, to a point on the south right of
way line of Kanis Road; thence following courses along the south right of way line of Kanis
Road, being 30' south and parallel with the center line thereof: North 54'14'05" East 121.12
feet, North 57010'41" East 57.58 feet, North 65°47'03" East a distance of 53.60 feet; North
78°31'33" East 47.88 feet, South 88046'16" East 41.67 feet, South 77054'00" East 52.66 feet,
South 73026'47" East 98.15, South 73°20'11" East 192.27, South 73022'55" East,
S72028'40"E, 463.51 feet; S65007'26"E, 308.53 feet; S67°43'45"E, 317.98 feet S65°03'15"E,
510.76 feet; S65°53'18"E, 264.62 feet; S67027'27"E, 161.08 feet; S67052'10"E, 318.20 feet;
S71005'1YE , 162.21 feet; S72021'52"E,165.66 feet; S68042'44"E, 168.14 feet; S67012'26"E,
169.77 feet; S67027'55"E, 261.62 feet; S64029'40"E , 148.89 feet; S62024'17"E , 315.00 feet;
S62032'08"E , 396.17 feet; S60004'55"E, 392.37 feet; S60044'12"E, 649.79 feet;
S56030'49"E , 223.24 feet; S50031'22"E 176.40 feet; S48°58'07"E , 119.55 to the point of
beginning, containing 153.8 acres more or less.
Subject to Wooded Buffer zone as described in Special Warranty Deed Instrument
#1999099475, Pulaski County, Arkansas: That portion of the above described real property
located within one hundred (100) feet of the right of way of Kanis Road is wooded buffer
zone. Other than three road/driveway connections being allowed to be constructed through
the wooded buffer zone for access to the above described real property, no owner of all or
any portion of the above described real property may construct any buildings, structures or
other improvements within the wooded buffer zone, cut any trees, plant or other natural
vegetative growth within the wooded buffer zone, or Modify by grading or otherwise the
existing contour of the wooded buffer zone.
THE TRAILS
AN ADDITION TO THE CITY OF LITTLE ROCK
DECLARATION OF COVENANTS AND RESTRICTIONS
UNLEASHED INNOVATIONS, INC.
TO
THE PUBLIC
This Declaration of Covenants and Restrictions is made this)-d )-� day of
Ma y—, 2015, by Unleashed Innovations, Inc. (hereinafter called "Developer"), a corporation
established under the laws of the State of Arkansas.
WITNESSETH:
WHEREAS, Developer has caused said tract to be surveyed by, Phillip Lewis, Registered
Professional Civil/Structural Engineer, PE# 9540 and Curtis M. Nalley, Jr. Land Surveying, PLS# 1546,
State of Arkansas, and a plat thereof made which is identified by the title, THE TRAILS, Little Rock,
Arkansas, dated May, 20 2015 and by the signature of the said engineer and the said developer, and bears a
Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of
the Circuit Clerk and ex-officio Recorder of Pulaski county, Arkansas, in the Plat Book
Page and the developer does hereby make this Bill of Assurance.
WHEREAS, Developer is the present owner of the real property located in Pulaski County,
Arkansas, more particularly described on Exhibit A attached hereto and as hereinafter defined (the
"Property"); and desires to create a community with common facilities and amenities to be known as THE
TRAILS; and
WHEREAS, Developer presently intends to develop the Property or cause the Property, and any
additional property added by Developer, to be developed over an extended period of time and in phases.
WHEREAS, portions of the Property shall be subdivided from time to time into building lots, tracts,
service roads, and streets as shown on Plats and Bills of Assurance filed in conjunction herewith, and that
such subdivided property shall be held, owned, and conveyed subject to the terms, conditions, and protective
covenants contained in this Declaration and in the Supplemental Plats and Bills of Assurance;
WHEREAS, Developer may provide open spaces, greenbelts, service roads, gardens, walkways,
trails, streams, entry features, recreational areas, and other facilities for the use, enjoyment and benefit of all
the residents in those portions of the Property actually developed; and
WHEREAS, Developer desires to promote the conservation and enhancement of natural amenities
and resources on and about the Property;
WHEREAS, Developer deems it desirable to create THE TRAILS Recreational Property Owners
Improvement District ("POID") to own, maintain, and administer the Common Properties (as hereinafter
defined), to administer and enforce the Covenants and Restrictions (as hereinafter defined) imposed on the
property to which the Covenants and Restrictions (as hereinafter defined) imposed on the property to which
Page 1 of 17
the Covenants and Restrictions are made applicable, and to collect, hold, and disburse the charges and
assessments hereinafter provided for, all in order to protect and enhance the value of the homes and lots, or
building lots, and in order to insure the residents' enjoyment of the Common Properties; and
WHEREAS, Developer intends that every Owner (as hereinafter defined) of a Residential Unit (as
hereinafter defined) which is made subject to this Declaration does automatically and by reason of such
ownership and this Declaration become a member of the POID and become by ownership subject to the
rules, regulations and assessments made by the POID;
NOW, THEREFORE, Developer declares that the property which is made subject to this Declaration
pursuant to Article 2 hereof shall now and hereafter be held, transferred, sold, conveyed, owned and
occupied subject to the Covenants and Restrictions hereinafter set forth, and all additional Covenants and
Restrictions in Supplemental Plats and Bills of Assurance, all of which are for the purpose of enhancing,
preserving and protecting the value, desirability, natural resources, natural beauty and attractiveness of such
property. Such Covenants and Restrictions are part of, and constitute a unified, interdependent plan for
ownership, use, maintenance, and development. These Covenants and Restrictions shall run with the land,
and shall be binding on all parties having or acquiring any right, title, or interest in such property or any part
thereof and shall inure to the benefit of each Owner thereof. These Covenants and Restrictions shall be filed
in the permanent real estate records of the Office of the Circuit Clerk and Recorder of Pulaski County,
Arkansas, and such filing shall constitute notice to the world of the existence and binding nature of these
Covenants and Restrictions. Each and every deed of conveyance for any lot or tract in THE TRAMS
describing the same by the number or numbers as shown on the filed plat for such property shall always be
deemed a sufficient description thereof.
ARTICLE 1
1113 01 Q1 I I-CMI "
The following terms, when used in this Declaration of Covenants and Restrictions for THE TRAILS, an
Addition to the City of Little Rock, unless the context shall clearly indicate to the contrary, shall have the
following meaning:
A. "Common Properties" shall mean and refer to those areas of land and easements, together with
all structures and facilities now or hereafter constructed thereon, conveyed or to be conveyed to
the POID, which shall be devoted to the common use and enjoyment of the Owners of the
Property, such as, but not necessarily including or limited to, the following: green spaces,
greenbelts, open spaces, walkways, walking trails, ponds, dams, spillways, water control
structures, bicycle lanes, service roads, sanitation systems, entry features, sales offices used by
Developer, and other ornamental areas.
B. "Covenants and Restrictions" shall mean and refer to all covenants, restrictions, easements,
charges, and liens set forth in this Declaration or set forth on the Plats and Bills of Assurance
recorded in conjunction with the subdivision and development of the Property.
C. "Developer" shall mean and refer to Unleashed Innovations, Inc., a corporation established
under the laws of the State of Arkansas, its successors and assigns.
Page 2 of 17
D. "Development Documents" shall mean and refer to the Bylaws of the POID, and all plats, bills
of assurance, Covenants and Restrictions applicable to the Property.
E. "Development Plan" shall mean and refer to the plan or plans as proposed, amended or changed
from time to time, by Developer for the development of the Property and any additional property
added to jurisdiction of the POID pursuant to Article 2 of this Declaration.
F. "Manager" shall mean and refer to any Person or Persons with whom the POID contracts for the
day-to-day administration and operation of the Common Properties.
G. "Owner" shall mean and refer to the record owner, whether one or more persons, by purchase,
transfer, assignment, devise or foreclosure of a fee or undivided fee interest in any portion of the
Property, or any later added property which may hereafter come under the definition of Property
pursuant to this Declaration, including contract buyers who reside on the Property, but excluding
those having an interest merely as security for the performance or payment of an obligation.
H. "Person" shall mean and refer to any natural person, corporation, partnership, limited
partnership, limited liability company, joint venture, association, trust or any other such entity.
I. "POID" shall mean and refer to THE TRAILS Recreational Property Owners Improvement
District, its successors and assigns.
J. "Property" shall mean and refer to the real property described on Exhibit A attached hereto and
made a part hereof, and as further defined in Article 2 hereof, which is now or may hereafter be
made a part of THE TRAILS, an Addition to the City of Little Rock, including any additional
real property which may be added to the jurisdiction of the POID pursuant to the provisions of
Article 2, Section 2 of this Declaration.
K. "Recreational Purposes" shall mean and include activities such as picnicking, engaging in
sporting activities, walking, jogging, use of non -motorized vehicles (except motorized vehicles
used by emergency services such as police, fire and ambulance), activities as may be delineated
by the Commissioners of the POID from time to time.
L. "Residential Unit" shall mean and refer to each single-family detached house and each platted
single lot subdivided by filed plat intended for and suitable for construction of a single-family
detached residence prior to the commencement or completion of construction on such lot located
in THE TRAILS, an Addition to the city of Little Rock, or otherwise subject to the jurisdiction
of the POID, but shall not include any part of the Common Properties or dedicated streets.
I1.71Yr-61M0)
PROPERTY SUBJECT TO DECLARATION
Section I. Property Covered by This Declaration.
The real property described on Exhibit A shall be held, transferred, sold, conveyed and occupied
subject to this Declaration. The Property consists of platted or unplatted land which may be subsequently
platted by Developer as it deems appropriate.
Page 3of17
Section Z. Additional Property Hereafter Subjected to This Declaration.
Developer, its successors and assigns, shall have the sole and irrevocable right to add and include, at
any time, additional real property to the jurisdiction of this Declaration and to the definition contained herein
of "Property", whether or not such additional property is described on Exhibit A, without the consent or
approval of the members, or Commissioners of the POID. Developer may, prior to platting, delete property
from Exhibit A. Developer's exclusive right to subject additional lands to the jurisdiction of this Declaration
and to the definition of "Property" contained herein, or to delete property, shall be assignable, in full or in
part. All additions and inclusions of additional land hereunder shall be effective upon Developer's executing
and filing for record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, a
Supplemental Declaration describing the additional property which is to become part of the Property and
stating that this Declaration does thereafter bind and apply to such additional property. Deletions shall be
made by filing a Supplemental Declaration describing the property which is to be deleted.
Notwithstanding anything contained herein to the contrary, this Declaration does not create any
charge, lien or encumbrance on any property, unless, if and until such property is subjected hereto by Plat,
Bill of Assurance and Supplemental Declaration in the manner contemplated hereby and then only from that
time forward. Upon the platting of such property, the jurisdiction, functions, duties and benefits of
membership of the POID shall automatically be extended to the platted lands.
Section 3. All Owners Bound. All Property bears the burden and enjoys the benefits of this
Declaration. All Owners shall be deemed by reason of taking record title to a portion of the Property to agree
to all of the terms and provisions of this Declaration.
Section 4. Additions Limited to Developer. Unless Developer consents in writing, no one other
than Developer may subject additional lands to this Declaration or extend the benefits of the POID to any
person except those described herein.
ARTICLE 3
PROPERTY OWNERS EWROVEMENT DISTRICT (POID)
All lots in THE TRAILS, in addition to being bound by this Bill of Assurance are also within THE
TRAILS Property Owner's Recreational and Street Improvement District No. of Pulaski, County,
Arkansas established by order number signed by dated
. As such all such Lots are subject to the matters established thereby and
therein including but not limited to, assessments levied against the Lots in THE TRAILS to enable the
Improvement District to accomplish its purposes set out therein including, without limitation, the
maintenance, preservation, improvement, management and servicing of the general interest areas, including
but not limited to green areas, landscaped areas, district lighting improvements, street lighting improvements,
entrance signs, sanitation system, service, roads, trails and other such improvements.
In connection therewith the Improvement District may maintain such policy or policies of liability
and fire insurance with respect to the general interest areas and personal property, if any, owned by the
Improvement District as provided herein in furthering the purposes of and protecting the interests of the Lot
owners; grant easements, rights of way, or strips of land where necessary for utilities and sewer facilities
Page 4 of 17
over the dedicated easements to serve the general interest areas and the Lots: and, levy Improvement District
Assessments as the Improvement District deems appropriate. By purchase of a Lot in THE TRAELS each
such purchaser commits and agrees to pay the levy of the Improvement District assessments. Such
assessments shall create a lien upon the Lots assessed similar in priority as ad valorem taxes and subject to
foreclosure of the Lot, and improvements thereon for non -payments provided by the Arkansas Property
Owners' Improvement District Laws of Arkansas.
Exempt from Improvement District Assessments are all Property dedicated to and accepted by a
local public authority. Assessments are made by an independent assessor to determine the requirements of
collection for operation, maintenance and upkeep for the Lights, Fixtures, Decorative Fencing, Landscaping,
Entrance Signs and other items previously mentioned serving the Improvement District. This will be
submitted as an Assessment Book that will list each property and each property owner. Once approved, the
County collects the amount due. These funds are primarily used (without limiting the use of the funds for all
purposes authorized and permitted by law) to cover:
• Operation & servicing of the Property Wastewater Treatment Facility
• Electrical costs for street and entrance sign lighting
• General cleanup of Public Right of Way areas
■ Maintenance & upkeep of signs and decorative fences at entrances
• General landscaping upkeep at entrances
• Any administrative, legal and miscellaneous costs associated with the Property Owners Improvement
District
• Maintenance of all storm water facilities that are located outside the public right-of-way (ROW)
Section 1. Sewage Disposal. No individual septic disposal system shall be installed on any Lot.
Developer plans to utilize a portion of the Property as a community septic disposal system, for the benefit of
each Lot Owner (the "Community System"). The Community System shall be constructed by Developer and
maintained by Developer and/or his agent as dictated by the laws of the State of Arkansas. Maintenance and
operation of the Community System will be performed by a Class II or III licensed operator approved by the
Arkansas Department of Environmental Quality (ADEQ). Exception to maintenance would be residence
connection lines and any damages caused by lot owners and their invitees.
By purchasing a Lot, each Lot Owner herby reserves and grants an easement on to and across the
property to Developer or Developer's Representative, as applicable, for the installation, maintenance and
repair of the Community System. By purchasing a Lot, each Lot Owner also agrees to pay the charges
assessed by the POID for operation, maintenance, repair, and replacement of the Community System with
Applicable Laws.
By purchasing a Lot, each Lot Owner hereby accepts total liability for damages caused by such Lot
Owner and its invitees for any negligent or intentional acts which may cause damage to the Community
System. Each Lot Owner further agrees that such Lot Owner will not knowingly discharge or allow to be
discharged any material, chemical, solid, or liquids into the Community System that will create an
environmental hazard or that will cause damage to any part of the Community System.
ARTICLE 4
Page 5 of 17
THE COMMON PROPERTIES; THE DEVELOPER'S DUTY TO CONVEY; PROPERTY
OWNERS' RIGHTS IN THE COMMON PROPERTIES
Section I. Conveyance of Common Properties. Developer hereby covenants with the POID to
convey to the POID, and the POID covenants with Developer to accept, at such time as Developer deems
appropriate after the property is developed and finally platted, that property designated as ponds, protected
greenbelt buffers, trails, sanctuaries or other common areas as shown and described on plats of THE
TRAILS, an Addition to the City of Little Rock. In addition, Developer shall convey such other real
property and assets as it may deem to be in the best interest of the POID for the use and enjoyment of the
members of the POID, and Developer may assign to the POID any contractual or any other rights it may
have which Developer, in its sole discretion, determines would be of benefit to the POID for the continued
enjoyment and security of the Owners with respect to the Property and the Common Properties. Developer
may convey certain property, such as floodway and right-of-way (ROW), to governmental entities in order to
meet the requirements of such entities.
Developer covenants and agrees with the POID that any conveyance of land to the POID shall be
made by quitclaim deed and subject to the easements, covenants and provisions of this Declaration.
Section 2. Properly Owners' Easements of En6o ment. Every member of the POID shall have a
common right and easement of enjoyment in and to the Common Properties, including but not limited to a
non-exclusive right of ingress and egress and a non-exclusive right to use the Common Properties for
Recreational Purposes, which shall be appurtenant to and shall pass with the title to all portions of the
Property, subject to the following provisions:
A. The right of the POID to impose reasonable rules upon the Common Properties;
B. The right of the POID to suspend the right to the use and enjoyment of the Common Areas by
any member for any period during which any assessment remains unpaid by such member and
for such period as it considers appropriate for any infraction of its published rules and
regulations;
C. The right of the POID to dedicate or transfer all or any part of the Common Properties to any
public agency, authority, or utility for such purposes and subject to such conditions as it shall
deem necessary or desirable for the proper servicing and maintenance of the Common
Properties;
D. THE TRAILS private sanitation system must be serviced and operated by a Class II or III
licensed operator approved by the Arkansas Department of Environmental Quality (ADEQ);
E. Applicable zoning ordinances, governmental rules and regulations;
F. The right of the POID to take such steps as are reasonably necessary to protect the Common
Properties against foreclosure; and
G. The right of the Developer to impose reasonable Covenants and Restrictions in respect to such
Common Properties, in addition to those set forth herein, at the time of conveyance of such
Page 6 of 17
property to the POID, and such restrictions and covenants are hereby incorporated by reference
and made a part of this Declaration.
Section 3. Extension of Rights and Benefits. Every member of the POID shall have the right to
extend the right and easement of enjoyment under this Article 4 to the Common Properties to each tenant and
to each family or household member who resides in the Residential Unit and to such other Persons as may be
permitted by the Commissioners of the POID.
Section 4. Wooded Buffer Zone. Lots which front the public right-of-way (ROW) along Kanis
Road are included in an existing/deeded wooded buffer zone. The wooded buffer zone extends one hundred
(100) feet from the public ROW. No road/driveway connections are allowed to be constructed through the
wooded buffer zone. The wooded buffer zone also includes the following language "no owner of all or any
of the property located in the wooded buffer zone may construct any buildings, structures, or other
improvements within the wooded buffer zone, cut any trees, plants, or other natural vegetative growth within
the wooded buffer zone, or modify by grading or otherwise the existing contour of the wooded buffer zone.
This restriction on the use of the above described real property shall run with the land and shall be binding
upon the grantee, its successors, heirs, assigns or transferees, and such restrictions are expressly accepted by
grantee as a condition of the purchase of the real property described in this special warranty deed."
ARTICLE 5
ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner, by
acceptance of a deed or other conveyance of any portion of the Property, shall be deemed to covenant and
agree to pay to the POID: (a) annual assessments and charges, and (b) special assessments, if necessary.
Such annual and special assessments shall be fixed, established and collected from time to time as hereinafter
provided and as set forth by the Commissioners of the POID. The annual and special assessments, together
with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on the land,
shall be a continuing lien upon the property against which each such assessment is made, and shall also be
the personal obligation of the Person who is the record Owner of the property at the time the assessment fell
due.
Section 2. Subordination.
A. The lien of the assessments provided for herein shall be subordinate to the lien of any first
mortgage placed on such Residential Unit in connection with its purchase. Sale or transfer of
any property subject to the charges and liens herein created shall not affect any preexisting
assessment lien, except in the case of a sale or transfer of any Residential Unit pursuant to the
foreclosure of a purchase money first mortgage, or any bona fide proceeding in lieu thereof,
which proceedings shall extinguish the lien of such assessments as to payments which became
due prior to such sale or transfer. The POID shall have the right to foreclose its lien or obtain
judgment for assessments due in such foreclosure suit. No such sale or transfer shall relieve the
subject property from liability for any assessments thereafter becoming due or from the
continuing lien thereof. The Commissioners of the POID shall notify the first mortgagee, upon
request, of any default in the performance by the individual Owner of any obligation under this
Page 7 of 17
Declaration or the Development Documents which is not cured within sixty (60) days after the
Due Date.
B. The subordination created herein is merely a subordination and shall not relieve the Owner of
the personal obligation to pay all assessments and charges arising or coming due while the
Owner owns such property; and no sale or transfer of such property to the mortgagee or to any
other Person pursuant to a decree of foreclosure shall relieve any existing or previous Owner of
the personal obligation for any assessments or charges authorized in this Declaration.
Section 3. _Exempt Property. Common Properties, properties dedicated to the public, public
right-of-way (ROW) and Property which is not yet platted and subdivided shall be exempt from
assessment by the POID.
ARTICLE 6
ARCHITECTURAL CONTROLS
Seclloii 1. Designation of Architectural Control Committee. The POID shall have an
Architectural Control Committee, consisting of at least three (3) and not more than five (5) members who
shall all be natural persons. The members of the Architectural Control Committee, and all vacancies, shall
be appointed by Developer so long as Developer shall own at least ten percent (10%) of the Property. Once
Developer no longer owns at least ten percent (10%) of the Property, the members of the Architectural
Control Committee, and all vacancies, shall be appointed by the Commissioners of the POID.
Section 2. Function of Architectural Control Committee. Accessory structures such as
outbuildings and swimming pools are allowed in THE TRAILS, per the City of Little Rock R-2 single
family zoning. No building, living unit, fence, wall, accessory structure, outbuilding, parking area, driveway,
swimming pool, satellite dish, pole, lake, pond, drainage facility, tennis court, basketball court, antenna,
electronic transmitter or receiver, or other structure shall be commenced, erected, or maintained, and no
alteration or repainting in a different color or style to the exterior of any of the above shall be made and no
significant landscaping performed upon the Property, nor shall any exterior addition to or change therein be
made unless complete plans, specifications, and site plans showing the exterior design, nature, kind, shape,
height, color scheme, building materials, and location of the same, the location and size of driveways, the
general plan of landscaping, facing of such improvements with respect to existing topography, fencing, walls
and windbreaks, grading plan, and any other requested materials shall have been submitted to and approved
in writing by the Architectural Control Committee. This provision shall not apply to Developer in the
construction or maintenance of living units, landscaping, fencing, or other improvements which it undertakes
in the Property and Common Properties.
Section 3. The Basis of Approval. The Architectural Control Committee shall evaluate all
submissions on the individual merits of each application, subject to such site development and architectural
guidelines which the Committee may from time to time adopt. The site development and architectural
guidelines may change from time to time, but they shall be at all times in conformity with, and be subject to,
the covenants, restrictions and requirements of this Declaration. Approval of plans and specifications shall
be based on, among other things, adequacy of site dimensions, structural design, conformity and harmony of
external design and of locations with neighboring structures and sites, conformity with and preservation of
existing wooded landscape, relation of finish grades and elevations to neighboring sites, and conformity to
both the specific and general intent of the protective covenants. Enclosed garages shall be required to
Page 8 of 17
accommodate a minimum of two (2) standard sized cars, trucks or SUV's; however, the Architectural
Control Committee may, in its sole discretion, approve or disapprove an open carport if it is located behind
the residence it serves and if the open carport is not visible from the streets adjoining the residences. The
plans and specifications to be submitted in writing and approved must include the following:
A. A topographical plat showing existing contour grades, the location of all improvements,
including structures, walks, driveways, fences, walls, patios and decks.
B. Exterior elevations.
C. Exterior materials, colors, textures, and shapes.
D. Structural design plan.
E. Landscaping plan.
F. Driveway plan.
G. Utility Connections.
H. Exterior illumination locations.
Section 4. Architectural Guidelines. The Architectural Control Committee may establish certain
site development and architectural guidelines. All plans and specifications will be evaluated under the site
development and architectural guidelines then in force and effect. The Architectural Control committee may
approve exceptions to the site development and architectural guidelines then in force by a majority vote. The
current site development and architectural guidelines shall be available for inspection by all Owners within
the POID.
Section a. Action by Committee. A majority vote of the Architectural Control Committee shall be
required for the approval or disapproval of said plans and specifications; provided, however, that the
Committee may designate a single member to approve or disapprove such plans and specifications. In the
event said Committee or its designee fails to approve or disapprove any such plans and specifications within
thirty (30) days after said plans and specifications have been submitted to it, approval shall be deemed to be
granted and compliance with this Article shall be presumed. Nothing herein contained nor the required
consent of the Architectural Control Committee shall in any way be deemed to prevent any of the Owners of
Property in THE TRAILS from maintaining any legal action relating to improvements within THE
TRAILS which they would otherwise be entitled to maintain. There shall be no separate compensation to
the Developer for architectural review services to be performed pursuant to this provision. The Developer
may be compensated for any other services rendered.
Section 6. Limitation on Liability. Under no circumstances shall the Developer, the Architectural
Control Committee, the POID or their Agents, employees, members or Commissioners ever be liable to any
Person for any action or failure to act, for negligence, mistakes, misfeasance or malfeasance in connection
with the performance of any of the duties of the Architectural Control Committee.
Page 9of17
ARTICLE 7
GENERAL
Section 1. Duty of Maintenance. All Owners and occupants (including lessees, contract buyers,
builders, residents, and construction workers) of any part of the Property shall jointly and severally have the
duty and responsibility, at their sole cost and expense, to keep the exterior portion of the Property so owned,
occupied, or used, including buildings, improvements, structures, and grounds in a well -maintained, safe,
clean and attractive condition at all times. Maintenance includes, but is not limited to, the following:
A. Prompt removal of all trash, litter, refuse, yard waste, debris, unused building materials, and
waste.
B. Lawn mowing.
C. Tree and shrub pruning.
D. Watering of landscape.
E. Keeping exterior lighting and mechanical facilities in working order.
F. Keeping lawn and garden areas alive, free of weeds, and attractive.
G. Keeping parking areas, driveways, alleyways, and roads in good repair.
H. Complying with all governmental, health, and police requirements.
L Repainting the exterior of improvements when necessary.
J. Repairing damages to exterior of improvements.
Section 2. Enforcement. If, in the opinion of the Commissioners of the POID, any Owner
or occupant has failed in any of the foregoing duties or responsibilities, then the Commissioners of
the POID or its designee may provide written notice of such failure, giving the Owner or occupant at
least ten (10) days from receipt of such notice to perform or initiate and continuously pursue the care
and maintenance required. Should any such person fail to fulfill this duty and responsibility within
the ten (10) day period, then the POID, 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 the damages for wrongful entry, trespass, or otherwise to any person whatever. The Owner of
any part of the Property on which work is performed by the POID shall be personally liable for the
cost of the work and shall promptly reimburse the POID for all such cost. If the POID has not been
reimbursed within thirty (30) days after invoicing such amount to the respective Owner, the
indebtedness shall be a debt of such delinquent Owner and shall constitute a lien against said
Owner's Residential Unit. This lien shall have the same attributes as the lien for assessments and
special assessments set forth in Article 5 herein, and the POID shall have identical powers and rights
in all respects, including but not limited to the right of foreclosure.
Page 10 of 17
Section 3. Common Scheme Restrictions. In accordance with the maintenance
requirements imposed on the Owners and occupants hereunder, the following restrictions are also
imposed with regard to the Property and Common Properties for the benefit of each of the Property
and Common Properties and may be enforced by the POID or the Owners of any of the Property
through any remedy available at law or in equity.
A. Each and every lot and home in THE TRAILS shall have a landscaping plan and shall have
installed prior to occupancy completed landscape which complies with the landscape plan. The
Architectural Control Committee may, in its discretion, approve an initial house plan and site
submission which does not include a landscaping plan. Irrespective of this approval, and without
any further reservation, each and every lot in THE TRAILS shall be landscaped prior to
occupancy with a sodded yard around the residence, trees, shrubs, ornamental plantings, gardens
and other landscaping elements typical in a first class subdivision containing homes of similar
size and value. All landscaping, whenever installed, shall be subject to review by the
Architectural Control Committee. All landscaping installed without prior written approval of the
Architectural Control Committee shall be installed at the risk of the lot owner, including any
person who shall take title subsequent to the installation, and no landscaping is considered as
approval until written approval of the Architectural Control Committee has been obtained. Any
landscaping installed without specific written approval shall be removed by the property owner
upon request of the Architectural Control Committee. The particular landscaping requirements
for THE TRAILS shall be set out by the Architectural Control Committee, either in its written
guidelines or in comments to particular landscaping plans submitted pursuant to Section 3.
Typical landscaping would include shrubbery, or ornamental plantings along the front of
improvements, with such plantings to be in defined beds which are maintained free of weeds or
other invasive plantings. All landscaping shall comply with the guidelines of the Architectural
Review Committee and shall be maintained in accordance with best landscaping practices
consistently applied.
B. No homeowner, permanent resident, or guest of a homeowner or resident of THE TRAILS
shall park motor vehicles on the street or on any other public or private rights of way in THE
TRAILS except on a temporary basis. Except during special occasions, such as parties,
homeowners shall park their vehicles and the vehicles of their guests, family members and other
invitees either inside their garages or on their driveways. No vehicles owned by residents or
guests of residents in THE TRAILS shall be parked in any location in such a manner as to
obstruct the view of drivers or otherwise constitute a nuisance or hazard. No vehicle, motorboat,
houseboat, canoe, sailboat, personal watercraft or similar waterborne vehicle, or all -terrain
vehicle may be kept or parked in the street right-of-way or in the area between the street and the
building setback line, or in the side yard area. Campers, travel trailers and recreational vehicles
may be parked in the area between the street and the building setback line for brief periods,
maximum of two (2) days, and only for the purpose of cleaning, servicing and or stocking such
vehicles. No motorized or non -motorized vehicles may ever be parked or operated on
emergency service roads except for service vehicles or emergency vehicles on a temporary basis.
C. No residence may be occupied until all construction is completed, including the completion of
landscaping in accordance with an approved landscaping plan. Completion of the landscaping
plan shall include the installation of sod in all areas designated in the landscaping plan.
Page 11 of 17
D. No garbage, refuse, rubbish, tree limbs, pine straw, leaves or cuttings shall be deposited on any
street, road, or upon any of the Common Properties nor on the exterior of any Residential Unit or
lot unless placed in a container or way as determined by the sanitation department suitable for
pickup by municipal collectors. No disturbance of any kind, including grading, digging, filling,
removal of trees or vegetation, dumping or storage of materials will be permitted in common
areas. The POID may levy fines upon any person violating this covenant, the amount of such
fine being determined by the POID. Any fine not paid within twenty (20) days shall constitute a
lien against the lot of the offending owner.
E. No building material of any kind or character shall be placed upon any of the Property except in
connection with construction approved by the Architectural Control Committee. Construction
shall be promptly commenced and diligently prosecuted. All construction sites must be kept
clean and orderly, free of trash, construction waste and scrap materials.
F. No clothes line or drying yards shall be kept or allowed on the Property or Common Property.
Service yards, wood piles and storage areas shall be allowed only if located so as not to be
visible from a street, road, or any of the Common Properties. Recreation equipment such as
volleyball and badminton nets must be stored when not in use for an extended period of time.
G. Any exterior lighting installed on any Residential Unit or on any of the Property shall either be
indirect or of such controlled focus and intensity as not to disturb neighboring Owners or
adjoining Property.
H. No animals, livestock, or poultry of any kind shall be raised or kept on the Property or Common
Properties, except a reasonable number of fully domesticated ordinary household pets, in
accordance with local ordinances, shall be allowed for each Residential Unit, provided that they
are not kept or maintained for commercial purposes. Pet facilities and enclosures shall be
allowed only in the rear yard of any lot and must be constructed subject to any setback
requirements. Any chain link fencing materials must be painted black or coated with black
plastic. All pet facilities must be kept clean and maintained in a manner which precludes insect
infestations and odors.
I. Except for subdivision identification signs and informational, interpretive or directional signs
placed by the Developer or POID, no signs, posters, plaques, address markers, or
communications of any description shall be placed on the exterior of any structure or placed or
permitted to remain on any part of the Property of Common Properties unless previously
approved by the Architectural Control Committee. The size, style, construction and placement
of all mailboxes, newspaper boxes shall be subject to the prior review of the Architectural
Control Committee. No mailbox or newspaper box shall be erected unless first approved by the
Architectural Control Committee.
J. As to commercial signs, only one (1) free-standing construction sign and one (1) realtors' sign
will be permitted at any Residential Unit during construction, except on corner lots, where two
(2) of each shall be permitted. No signs of any type shall be attached to trees or shrubs. All
permitted signs must be erected on posts or stakes. Subcontractor signs may be allowed during
the period of time the subcontractor is performing their trade.
Page 12 of 17
K. Except for authorized maintenance and emergency vehicles, no motor vehicles of any type shall
be allowed on the pedestrian trails, service roads, greenbelts, open spaces, or other pedestrian
areas.
L. No used, previously -erected or temporary house or structure, no modular or prefabricated house,
no house trailer or non -permanent outbuilding shall be allowed to be placed, erected, or allowed
to remain on any of the Property or the Common Properties. No houses or portions of houses
shall be moved to or placed on the Property. No geodesic domes, hexagonal or octagonal homes
or other similar structures shall be allowed to be placed, erected or allowed to remain on any of
the Property or the Common Properties unless instructed by the Developer or POID for the
benefit of all property owners.
M. No inoperative, disassembled or junk vehicle of any kind, no commercial vehicle, and no trailer,
camper, recreational vehicles, camp truck, house trailer, boat, or other machinery or equipment
(except machinery and equipment as may be reasonable and customary in connection with the
use and maintenance of any improvements located upon the Property and except for such
equipment and machinery as the POID may require in connection with the maintenance and
operation of the Common Properties) shall be kept upon the Property, nor (except for bona fide
emergencies) shall the repair or extraordinary maintenance of automobiles or other vehicles be
performed on any of the Property. This restriction shall not apply to vehicles, trailers, boats,
machinery, equipment or the like stored and kept within an enclosed storage room or garage.
The POID may, in the discretion of its Commissioners of the POID, consider whether to provide
and maintain a suitable area designated for the parking of such vehicles.
N. The area of each lot and the width of each lot at the front building line shall be specified by
Developer for each phase of the addition in accordance with the Supplemental Plat and Bill of
Assurance filed for each phase.
O. No lot shall be subdivided unless the written consent of Developer and the Little Rock Planning
Commission is first had and obtained, and any required action by the POID is taken, such as an
approved plat amendment.
P. No principal residential structure shall be constructed or permitted to remain on any lot platted
hereby as THE TRAILS unless the livable floor area thereof, exclusive of porches, patios,
carports, garages and breezeways meets the following standard:
• Lots 20,000 square feet (0.45 acres) or less shall have a minimum livable square footage
of 1,400 square feet with at least 1,000 square feet being on the main level in a dwelling
with one and one-half or more stories.
• Lots larger than 20,000 square feet or more than (0.45 acres) shall have a minimum
livable square footage of 2,000 square feet with at least 1,500 square feet being on the
main level in a dwelling with one and one-half or more stories.
Square footage is measured on the outside or ("brick to brick") of the principal residential
structure. The term "livable floor" as used in this paragraph shall include interior spaces for
Page 13 of 17
normal residential activities, such as living, dining and sleeping areas, which areas may be on
different levels.
Q. No poles, towers, or similar structure of any kind, including but not limited to any radio or
television antenna or tower, shall be built or permitted to remain upon any lot.
R. No trailer, tent, shack, garage, garage apartment, hutment, barn, structure of a temporary
character, or outbuilding of any kind on said land shall at any time be used or occupied as a
residence, temporarily or permanently.
S. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash,
ashes or other refuse be thrown, placed or dumped upon any public way, easement, vacant lot, or
common area, nor shall anything ever be done which may be or become an annoyance or
nuisance to the neighborhood.
T. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two
(2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner
residential lot within the triangular area formed by the street property lines and a line connecting
them at points twenty-five feet (25') from the intersection of the street lines, or, in the case of a
rounded property corner, from the intersection of the street property lines extended. The same
sight line limitation shall apply on any lot within ten feet (10') from the intersection of the street
property line with the edge of a driveway or alley pavement. No tree shall be permitted to
remain within such intersection unless the foliage lines are maintained at sufficient height to
prevent obstruction of such sight lines.
U. No fence, wall, or hedge shall be permitted to extend beyond the established minimum front
building setback line or from the side yard building line to the street on corner lots unless
specifically approved by the Architectural Control Committee. It is not the intention of this
paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard.
V. Chain link or other similar fences are strictly prohibited and shall not be used under any
circumstances except for use as pet enclosures as set forth in subparagraph (H). Wooden privacy
fences of a style specified by the Architectural Control Committee, picket fencing and wrought
iron fencing of appropriate color, size, design and location may be utilized if approved in
advance by the Architectural Control Committee. Fencing adjacent to greenbelt areas, service
roads and pedestrian trails should not interfere with the usage and enjoyment of any greenbelts,
trails, or service roads. All fences must comply with the City of Little Rock and any/all
governing authorities. All other types of fencing are not allowed on the Property or the Common
Properties. The design, construction and material of any fence or wall must be submitted for
consideration by the Architectural Control Committee in the same manner as provided in Article
6 hereinabove for Architectural Control.
W. All dwellings and other structures erected upon any lot as a Residential Unit shall be served by
all public utilities, including private sewer system.
X. No building or any other permanent structure or improvement of any kind, whether herein
specifically enumerated or not, shall be built or maintained within the area of any of the
easements, and no alteration, including grading, filling, excavation or other site work may be
Page 14 of 17
done within the area of any of the easements shown on the plat which may damage or interfere
with the installation and maintenance of utilities or which may change the direction of flow of
drainage channels, or which may obstruct or retard the flow of water through drainage channels;
and, in the event any such obstruction is placed thereon in violation of this restriction and
reservation, no public authority will be liable for destruction of same in maintaining or repairing
its lines located within the area of said easement. Easements, including drainage channels, shall
be mowed and generally maintained by the Owner of the lot over which the easement or
drainage channel is platted except for improvements installed in those easements for which a
public authority or utility is responsible.
Y. No concrete, asphalt or other obstruction shall be placed in the street gutters. Curbs shall be
saw -cut at driveways and driveway grades lowered to meet the gutter flow line or not more than
two inches (2") above said flow line.
Z. No satellite receiver dish ("dish") shall be erected, placed or maintained on any lot, except that
dishes not larger than twenty-four inches (24") in height may be allowed if attached to the back
of the served dwelling and if approved by the Architectural Control Committee. Only one (1)
dish will be permitted on any one (1) lot and shall be out of view from the front of adjoining
properties. These restrictions shall be cumulative and in addition to any municipal or
governmental restrictions and requirements.
AA. No motorboat, houseboat, canoe, sailboat, personal watercraft, or other similar waterborne
vehicle, and no camper, trailer or recreational vehicle may be kept in the street right-of-way or in
the area between the street and the building setback line, or in the side yard area.
1313. All construction, excavation, site grading, trenching, diggings, equipment storage and usage,
and other activities on the Property shall be undertaken in compliance with the rules and
guidelines established by the Architectural Control Committee. These guidelines shall restrict or
prohibit certain types of activity, such as grading or backfilling, which may damage trees and
other plants.
It is the responsibility of each Owner to ensure that the Owner and every contractor employed by
the Owner has reviewed and agreed to comply with the foregoing common scheme restrictions prior
to commencement of site preparation or construction.
ARTICLE 8
Scction 1. Noxious Activity. No loud, disturbing, unsanitary, dangerous, hazardous, noxious,
illegal, or offensive trade or activity shall be carried on upon the Common Properties or any portion
of the Property. Nor shall any annoyance or nuisance created or sustained by any Owner upon the
Property or Common Properties be tolerated or permitted.
Section 2. Duration. The Covenants and Restrictions of the Declaration shall run with and bind
the Property, shall be and remain in effect, and shall inure to the benefit of and be enforceable by the
POID or the Owners of any of the Property, their respective legal representatives, heirs, successors
Page 15 of 17
Section 3. Notices. Any notice required or permitted to be sent to any Property Owner pursuant
to any provision to this Declaration may be served by depositing such notice in the mails, postage
prepaid, addressed to the Property Owner to whom it is intended at the Owner's last known place of
residence and such service shall be deemed sufficient. The date of service shall be the date of
mailing.
Section 4. Assignability. Notwithstanding any other provision herein to the contrary,
Developer shall at all times have the right to fully transfer, convey and assign all of its rights, title,
interest, obligations under this Declaration provided that such transferee, grantee, or assignee shall
take such rights subject to all of the Covenants and Restrictions contained herein, and in such event,
the transferee shall be deemed to be Developer.
Section 5. Severability. Invalidation of any of the covenants, restrictions, requirements,
provisions, or any part thereof by an order, judgment, or decree of any court, shall in no way affect
any other provisions of this Declaration, which shall remain in full force and effect.
Section 5. Amendment. These covenants, restrictions and assurances shall not be amended,
canceled, restated, or supplemented unless an instrument signed by at least ninety (90%) of the
Owners of the aforesaid lots is placed on record agreeing to change them in whole or in part, and any
change must be approved by the controlling governmental planning commission. Specifically
permitted however, as long as the developer owns record title to ten percent (10%) or more of the
lots, amendments and restatements may be effected by the developer.
Section 7. Execution of Counterparts. This Declaration may be executed in any number of
counterparts with the same effect as if all parties had all signed the same document. All counterparts
shall be construed as and shall constitute one and the same agreement.
IN WITNESS WHEREOF, Developer has hereunto set its hand nd seal thisa'-0 day of
G 12015.
IN
Page 16 of 17
W
ACKttiIO WLEDGM ENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this 2V>i4 day of 44,je��2015, before me, a notary public, duly
commissioned, qualified and acting ithin and for the county and state aforesaid, appeared in person
2 kj�clql to me well known, who stated that he was the owner of
Unlea ed Innovations, Inc., an Arkansas corporation, and was duly authorized in his capacity to
execute the foregoing instrument for and in the name and on behalf of said corporation, 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 the day and
year aforesaid.
Notary Publ':
My Commission Expires:
IeVEN1ti1��"'��
°
y� ,Bj,IC
�Ajq a
Page 17 of 17
Exhibit A
That part of Section 33 and that part of the West Half of the Southwest Quarter of Section 34,
Township 2 North, Range 14 West, Pulaski County, Arkansas, more fully described as
follows: Commencing at the Southeast corner of the Northwest Quarter of the Southwest
Quarter of said Section 34 and run thence N88010'14"W along the north line of said NW Y4
SW % a distance of 77.0 feet to a point on the south right of way of Kanis Road, said point
being the point of beginning of property herein described: thence N88010'14"W along the
north line of the NW'/4 SW'/4 a distance of 390.35 feet to a #4 rebar on the north line of
property described in Special Warranty Deed Instrument #2002128292, Pulaski County,
Arkansas; thence S27°42'30"W along the north line of said property (Instr#20022128292) a
distance of 266.50 feet to a #4 rebar cap #1281; thence N88026'44"W along the north line of
said property (Instr#20022128292) a distance of 1,021.56 feet to a #4 rebar cap #1281;
thence S2°41'12"W along the north line of said property (Instr#20022128292) a distance of
741.91 feet to a #4 rebar cap #1281; thence N87°57'35"W along the north line of said
property (Instr#20022128292) a distance of 317.96 feet to a #4 rebar cap #1281; thence
N44030'24"W along the north line of said property (Instr#20022128292) a distance of 984.30
feet to a #4 rebar cap #1281; thence N87039'03"W along the north line of said property
(Instr#20022128292) a distance of 1,320.30 feet to a #4 rebar cap #1281 on the west line the
Southwest Quarter of the Southeast Quarter of said Section 33; thence N2016'02"E along the
west line of said SW'/ SE'/4 a distance of 325.00 feet to a Bolt at the southwest corner of the
Northwest Quarter of the Southeast Quarter of said Section 33; thence N2016'02"E along the
west line of said NW Y4 SE % a distance of 1,307.18 feet to a stone pile at the Northwest
corner thereof; thence N87°45'27"W along the south line of the Southeast Quarter
of the Northwest Quarter of said Section 33 a distance of 998.80 feet to a #4 rebar at the
southeast corner of the West Half the Southwest Quarter of the Southeast Quarter of the
Northwest Quarter of said Section 33; thence North 85005'25" West a distance of 246.45 feet
to the proposed west right of way of Walnut Grove Road being 65' overall, 32.5 feet both
sides of the centerline; thence the following courses along the proposed west right of way of
said Walnut Grove Road: North 11054'53" West 22.89 feet, North 27058'18" West 73.81 feet,
North 40'13'39" West 38.73 feet, North 44013'53" West 34.24 feet, North 49045'21" West
345.73 feet, North 49008'51" West 360.83 feet, North 49048'00" West 110.61 feet, North
40"11'56" East 22.5 feet, North 49048'04" West 21.97 feet, North 52017'18" West 99.24 feet to
the start of a curve to the right; thence 185.92 feet along the arc of said curve, having a
Raduis of 100.00 feet and a chord distance of 160.27 feet, to a point on the south right of
way line of Kanis Road; thence following courses along the south right of way line of Kanis
Road, being 30' south and parallel with the center line thereof: North 54014'05" East 121.12
feet, North 57010'41" East 57.58 feet, North 65047'03" East a distance of 53.60 feet; North
78°31'33" East 47.88 feet, South 88046'16" East 41.67 feet, South 77054'00" East 52.66 feet,
South 73°26'47" East 98.15, South 73020'11" East 192.27, South 73022'55" East,
S72028'40"E, 463.51 feet; S65007'26"E, 308.53 feet; S67043'45"E, 317.98 feet S65003'15"E,
510.76 feet; S65053'18"E, 264.62 feet; S67027'27"E, 161.08 feet; S67052'10"E, 318.20 feet;
S71005'13"E , 162.21 feet; S72°21'52"E,165.66 feet; S68°42'44"E, 168.14 feet; S67012'26"E,
169.77 feet; S67°27'55"E, 261.62 feet; S64°29'40"E , 148.89 feet; S62°24'17"E , 315.00 feet;
S62032'08"E , 396.17 feet; S60"04'55"E, 392.37 feet; S60044'12"E, 649.79 feet;
S56030'49"E , 223.24 feet; S50031'22"E 176.40 feet; S48°58'07"E , 119.55 to the point of
beginning, containing 153.8 acres more or less.
Subject to Wooded Buffer zone as described in Special Warranty Deed Instrument
#1999099475, Pulaski County, Arkansas: That portion of the above described real property
located within one hundred (100) feet of the right of way of Kanis Road is wooded buffer
zone. Other than three road/driveway connections being allowed to be constructed through
the wooded buffer zone for access to the above described real property, no owner of all or
any portion of the above described real property may construct any buildings, structures or
other improvements within the wooded buffer zone, cut any trees, plant or other natural
vegetative growth within the wooded buffer zone, or Modify by grading or otherwise the
existing contour of the wooded buffer zone.
THE TRAILS
AN ADDITION TO THE CITY OF LITTLE ROCK
DECLARATION OF COVENANTS AND RESTRICTIONS
UNLEASHED INNOVATIONS, INC.
TO
THE PUBLIC
This Declaration of Covenants and Restrictions is made this day of
a , 2015, by Unleashed Innovations, Inc. (hereinafter called "Developer"), a corporation
establish d under the laws of the State of Arkansas.
WITNESSETH:
WHEREAS, Developer has caused said tract to be surveyed by, Phillip Lewis, Registered
Professional Civil/Structural Engineer, PE# 9540 and Curtis M. Nalley, Jr. Land Surveying, PLS# 1546,
State of Arkansas, and a plat thereof made which is identified by the title, THE TRAILS, Little Rock,
Arkansas, dated May, 20 2015 and by the signature of the said engineer and the said developer, and bears a
Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of
the Circuit Clerk and ex-officio Recorder of Pulaski county, Arkansas, in the Plat Book
Page and the developer does hereby make this Bill of Assurance.
WHEREAS, Developer is the present owner of the real property located in Pulaski County,
Arkansas, more particularly described on Exhibit A attached hereto and as hereinafter defined (the
"Property"); and desires to create a community with common facilities and amenities to be known as THE
TRAILS; and
WHEREAS, Developer presently intends to develop the Property or cause the Property, and any
additional property added by Developer, to be developed over an extended period of time and in phases.
WHEREAS, portions of the Property shall be subdivided from time to time into building lots, tracts,
service roads, and streets as shown on Plats and Bills of Assurance filed in conjunction herewith, and that
such subdivided property shall be held, owned, and conveyed subject to the terms, conditions, and protective
covenants contained in this Declaration and in the Supplemental Plats and Bills of Assurance;
WHEREAS, Developer may provide open spaces, greenbelts, service roads, gardens, walkways,
trails, streams, entry features, recreational areas, and other facilities for the use, enjoyment and benefit of all
the residents in those portions of the Property actually developed; and
WHEREAS, Developer desires to promote the conservation and enhancement of natural amenities
and resources on and about the Property;
WHEREAS, Developer deems it desirable to create THE TRAILS Recreational Property Owners
Improvement District ("POID") to own, maintain, and administer the Common Properties (as hereinafter
defined), to administer and enforce the Covenants and Restrictions (as hereinafter defined) imposed on the
property to which the Covenants and Restrictions (as hereinafter defined) imposed on the property to which
Page 1 of 17
the Covenants and Restrictions are made applicable, and to collect, hold, and disburse the charges and
assessments hereinafter provided for, all in order to protect and enhance the value of the homes and lots, or
building lots, and in order to insure the residents' enjoyment of the Common Properties; and
WHEREAS, Developer intends that every Owner (as hereinafter defined) of a Residential Unit (as
hereinafter defined) which is made subject to this Declaration does automatically and by reason of such
ownership and this Declaration become a member of the POID and become by ownership subject to the
rules, regulations and assessments made by the POID;
NOW, THEREFORE, Developer declares that the property which is made subject to this Declaration
pursuant to Article 2 hereof shall now and hereafter be held, transferred, sold, conveyed, owned and
occupied subject to the Covenants and Restrictions hereinafter set forth, and all additional Covenants and
Restrictions in Supplemental Plats and Bills of Assurance, all of which are for the purpose of enhancing,
preserving and protecting the value, desirability, natural resources, natural beauty and attractiveness of such
property. Such Covenants and Restrictions are part of, and constitute a unified, interdependent plan for
ownership, use, maintenance, and development. These Covenants and Restrictions shall run with the land,
and shall be binding on all parties having or acquiring any right, title, or interest in such property or any part
thereof and shall inure to the benefit of each Owner thereof. These Covenants and Restrictions shall be filed
in the permanent real estate records of the Office of the Circuit Clerk and Recorder of Pulaski County,
Arkansas, and such filing shall constitute notice to the world of the existence and binding nature of these
Covenants and Restrictions. Each and every deed of conveyance for any lot or tract in THE TRAILS
describing the same by the number or numbers as shown on the filed plat for such property shall always be
deemed a sufficient description thereof.
ARTICLE I
DEFINITIONS
The following terms, when used in this Declaration of Covenants and Restrictions for THE TRAILS, an
Addition to the City of Little Rock, unless the context shall clearly indicate to the contrary, shall have the
following meaning:
A. "Common Properties" shall mean and refer to those areas of land and easements, together with
all structures and facilities now or hereafter constructed thereon, conveyed or to be conveyed to
the POID, which shall be devoted to the common use and enjoyment of the Owners of the
Property, such as, but not necessarily including or limited to, the following: green spaces,
greenbelts, open spaces, walkways, walking trails, ponds, dams, spillways, water control
structures, bicycle lanes, service roads, sanitation systems, entry features, sales offices used by
Developer, and other ornamental areas.
B. "Covenants and Restrictions" shall mean and refer to all covenants, restrictions, easements,
charges, and liens set forth in this Declaration or set forth on the Plats and Bills of Assurance
recorded in conjunction with the subdivision and development of the Property.
C. "Developer" shall mean and refer to Unleashed Innovations, Inc., a corporation established
under the laws of the State of Arkansas, its successors and assigns.
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D. "Development Documents" shall mean and refer to the Bylaws of the POID, and all plats, bills
of assurance, Covenants and Restrictions applicable to the Property.
E. "Development Plan" shall mean and refer to the plan or plans as proposed, amended or changed
from time to time, by Developer for the development of the Property and any additional property
added to jurisdiction of the POID pursuant to Article 2 of this Declaration.
F. "Manager" shall mean and refer to any Person or Persons with whom the POID contracts for the
day-to-day administration and operation of the Common Properties.
G. "Owner" shall mean and refer to the record owner, whether one or more persons, by purchase,
transfer, assignment, devise or foreclosure of a fee or undivided fee interest in any portion of the
Property, or any later added property which may hereafter come under the definition of Property
pursuant to this Declaration, including contract buyers who reside on the Property, but excluding
those having an interest merely as security for the performance or payment of an obligation.
H. "Person" shall mean and refer to any natural person, corporation, partnership, limited
partnership, limited liability company, joint venture, association, trust or any other such entity.
I. "POID" shall mean and refer to THE TRAILS Recreational Property Owners Improvement
District, its successors and assigns.
J. "Property" shall mean and refer to the real property described on Exhibit A attached hereto and
made a part hereof, and as further defined in Article 2 hereof, which is now or may hereafter be
made a part of THE TRAILS, an Addition to the City of Little Rock, including any additional
real property which may be added to the jurisdiction of the POID pursuant to the provisions of
Article 2, Section 2 of this Declaration.
K. "Recreational Purposes" shall mean and include activities such as picnicking, engaging in
sporting activities, walking, jogging, use of non -motorized vehicles (except motorized vehicles
used by emergency services such as police, fire and ambulance), activities as may be delineated
by the Commissioners of the POID from time to time.
L. "Residential Unit" shall mean and refer to each single-family detached house and each platted
single lot subdivided by filed plat intended for and suitable for construction of a single-family
detached residence prior to the commencement or completion of construction on such lot located
in THE TRAILS, an Addition to the city of Little Rock, or otherwise subject to the jurisdiction
of the POID, but shall not include any part of the Common Properties or dedicated streets.
ARTICLE 2
PROPERTY SUBJECT TO DECLARATION
Section 1. Proyert); Covered by This Declaration.
The real property described on Exhibit A shall be held, transferred, sold, conveyed and occupied
subject to this Declaration. The Property consists of platted or unplatted land which may be subsequently
platted by Developer as it deems appropriate.
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Section 2. Additional Property Hereafter Subiected to This Declaration.
Developer, its successors and assigns, shall have the sole and irrevocable right to add and include, at
any time, additional real property to the jurisdiction of this Declaration and to the definition contained herein
of "Property", whether or not such additional property is described on Exhibit A, without the consent or
approval of the members, or Commissioners of the POID. Developer may, prior to platting, delete property
from Exhibit A. Developer's exclusive right to subject additional lands to the jurisdiction of this Declaration
and to the definition of "Property" contained herein, or to delete property, shall be assignable, in full or in
part. All additions and inclusions of additional land hereunder shall be effective upon Developer's executing
and filing for record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, a
Supplemental Declaration describing the additional property which is to become part of the Property and
stating that this Declaration does thereafter bind and apply to such additional property. Deletions shall be
made by filing a Supplemental Declaration describing the property which is to be deleted.
Notwithstanding anything contained herein to the contrary, this Declaration does not create any
charge, lien or encumbrance on any property, unless, if and until such property is subjected hereto by Plat,
Bill of Assurance and Supplemental Declaration in the manner contemplated hereby and then only from that
time forward. Upon the platting of such property, the jurisdiction, functions, duties and benefits of
membership of the POID shall automatically be extended to the platted lands.
Section 3. All Owners Bound. All Property bears the burden and enjoys the benefits of this
Declaration. All Owners shall be deemed by reason of taking record title to a portion of the Property to agree
to all of the terms and provisions of this Declaration.
Section 4. Additions Limited to Developer. Unless Developer consents in writing, no one other
than Developer may subject additional lands to this Declaration or extend the benefits of the POID to any
person except those described herein.
ARTICLE 3
PROPERTY OWNERS IlVIPROVEMENT DISTRICT (POID)
All lots in THE TRAILS, in addition to being bound by this Bill of Assurance are also within THE
TRAILS Property Owner's Recreational and Street Improvement District No. of Pulaski, County,
Arkansas established by order number signed by dated
. As such all such Lots are subject to the matters established thereby and
therein including but not limited to, assessments levied against the Lots in THE TRAILS to enable the
Improvement District to accomplish its purposes set out therein including, without limitation, the
maintenance, preservation, improvement, management and servicing of the general interest areas, including
but not limited to green areas, landscaped areas, district lighting improvements, street lighting improvements,
entrance signs, sanitation system, service, roads, trails and other such improvements.
In connection therewith the Improvement District may maintain such policy or policies of liability
and fire insurance with respect to the general interest areas and personal property, if any, owned by the
Improvement District as provided herein in furthering the purposes of and protecting the interests of the Lot
owners; grant easements, rights of way, or strips of land where necessary for utilities and sewer facilities
Page 4 of 17
over the dedicated easements to serve the general interest areas and the Lots: and, levy Improvement District
Assessments as the Improvement District deems appropriate. By purchase of a Lot in THE TRAILS each
such purchaser commits and agrees to pay the levy of the Improvement District assessments. Such
assessments shall create a lien upon the Lots assessed similar in priority as ad valorem taxes and subject to
foreclosure of the Lot, and improvements thereon for non -payments provided by the Arkansas Property
Owners' Improvement District Laws of Arkansas.
Exempt from Improvement District Assessments are all Property dedicated to and accepted by a
local public authority. Assessments are made by an independent assessor to determine the requirements of
collection for operation, maintenance and upkeep for the Lights, Fixtures, Decorative Fencing, Landscaping,
Entrance Signs and other items previously mentioned serving the Improvement District. This will be
submitted as an Assessment Book that will list each property and each property owner. Once approved, the
County collects the amount due. These funds are primarily used (without limiting the use of the funds for all
purposes authorized and permitted by law) to cover:
• Operation & servicing of the Property Wastewater Treatment Facility
• Electrical costs for street and entrance sign lighting
• General cleanup of Public Right of Way areas
■ Maintenance & upkeep of signs and decorative fences at entrances
• General landscaping upkeep at entrances
• Any administrative, legal and miscellaneous costs associated with the Property Owners Improvement
District
• Maintenance of all storm water facilities that are located outside the public right-of-way (ROW)
Section I. Sewage Disposal, No individual septic disposal system shall be installed on any Lot.
Developer plans to utilize a portion of the Property as a community septic disposal system, for the benefit of
each Lot Owner (the "Community System"). The Community System shall be constructed by Developer and
maintained by Developer and/or his agent as dictated by the laws of the State of Arkansas. Maintenance and
operation of the Community System will be performed by a Class II or III licensed operator approved by the
Arkansas Department of Environmental Quality (ADEQ). Exception to maintenance would be residence
connection lines and any damages caused by lot owners and their invitees.
By purchasing a Lot, each Lot Owner herby reserves and grants an easement on to and across the
property to Developer or Developer's Representative, as applicable, for the installation, maintenance and
repair of the Community System. By purchasing a Lot, each Lot Owner also agrees to pay the charges
assessed by the POID for operation, maintenance, repair, and replacement of the Community System with
Applicable Laws.
By purchasing a Lot, each Lot Owner hereby accepts total liability for damages caused by such Lot
Owner and its invitees for any negligent or intentional acts which may cause damage to the Community
System. Each Lot Owner further agrees that such Lot Owner will not knowingly discharge or allow to be
discharged any material, chemical, solid, or liquids into the Community System that will create an
environmental hazard or that will cause damage to any part of the Community System.
ARTTC'TY 4
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THE COMMON PROPERTIES; THE DEVELOPER'S DUTY TO CONVEY; PROPERTY
OWNERS' RIGHTS IN THE COMMON PROPERTIES
Section 1. Conveyance of Common Properties. developer hereby covenants with the POID to
convey to the POID, and the POID covenants with Developer to accept, at such time as Developer deems
appropriate after the property is developed and finally platted, that property designated as ponds, protected
greenbelt buffers, trails, sanctuaries or other common areas as shown and described on plats of THE
TRAILS, an Addition to the City of Little Rock. In addition, Developer shall convey such other real
property and assets as it may deem to be in the best interest of the POID for the use and enjoyment of the
members of the POID, and Developer may assign to the POID any contractual or any other rights it may
have which Developer, in its sole discretion, determines would be of benefit to the POID for the continued
enjoyment and security of the Owners with respect to the Property and the Common Properties. Developer
may convey certain property, such as floodway and right-of-way (ROW), to governmental entities in order to
meet the requirements of such entities.
Developer covenants and agrees with the POID that any conveyance of land to the POID shall be
made by quitclaim deed and subject to the easements, covenants and provisions of this Declaration.
Section 2. ProReM Owners' Easements_ of Enjoyment. Every member of the POID shall have a
common right and easement of enjoyment in and to the Common Properties, including but not limited to a
non-exclusive right of ingress and egress and a non-exclusive right to use the Common Properties for
Recreational Purposes, which shall be appurtenant to and shall pass with the title to all portions of the
Property, subject to the following provisions:
A. The right of the POID to impose reasonable rules upon the Common Properties;
B. The right of the POID to suspend the right to the use and enjoyment of the Common Areas by
any member for any period during which any assessment remains unpaid by such member and
for such period as it considers appropriate for any infraction of its published rules and
regulations;
C. The right of the POID to dedicate or transfer all or any part of the Common Properties to any
public agency, authority, or utility for such purposes and subject to such conditions as it shall
deem necessary or desirable for the proper servicing and maintenance of the Common
Properties;
D. THE TRAILS private sanitation system must be serviced and operated by a Class H or III
licensed operator approved by the Arkansas Department of Environmental Quality (ADEQ);
E. Applicable zoning ordinances, governmental rules and regulations;
F. The right of the POID to take such steps as are reasonably necessary to protect the Common
Properties against foreclosure; and
G. The right of the Developer to impose reasonable Covenants and Restrictions in respect to such
Common Properties, in addition to those set forth herein, at the time of conveyance of such
Page 6 of 17
property to the POID, and such restrictions and covenants are hereby incorporated by reference
and made a part of this Declaration.
Section 3. Extension of Rights and Benefits. Every member of the POID shall have the right to
extend the right and easement of enjoyment under this Article 4 to the Common Properties to each tenant and
to each family or household member who resides in the Residential Unit and to such other Persons as may be
permitted by the Commissioners of the POID.
Section 4. Wooded Buffer Zone. Lots which front the public right-of-way (ROW) along Kanis
Road are included in an existing/deeded wooded buffer zone. The wooded buffer zone extends one hundred
(100) feet from the public ROW. No road/driveway connections are allowed to be constructed through the
wooded buffer zone. The wooded buffer zone also includes the following language "no owner of all or any
of the property located in the wooded buffer zone may construct any buildings, structures, or other
improvements within the wooded buffer zone, cut any trees, plants, or other natural vegetative growth within
the wooded buffer zone, or modify by grading or otherwise the existing contour of the wooded buffer zone.
This restriction on the use of the above described real property shall run with the land and shall be binding
upon the grantee, its successors, heirs, assigns or transferees, and such restrictions are expressly accepted by
grantee as a condition of the purchase of the real property described in this special warranty deed."
ARTYCI N S
ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner, by
acceptance of a deed or other conveyance of any portion of the Property, shall be deemed to covenant and
agree to pay to the POID: (a) annual assessments and charges, and (b) special assessments, if necessary.
Such annual and special assessments shall be fixed, established and collected from time to time as hereinafter
provided and as set forth by the Commissioners of the POID. The annual and special assessments, together
with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on the land,
shall be a continuing lien upon the property against which each such assessment is made, and shall also be
the personal obligation of the Person who is the record Owner of the property at the time the assessment fell
due.
Section 2. Subordination.
A. The lien of the assessments provided for herein shall be subordinate to the lien of any first
mortgage placed on such Residential Unit in connection with its purchase. Sale or transfer of
any property subject to the charges and liens herein created shall not affect any preexisting
assessment lien, except in the case of a sale or transfer of any Residential Unit pursuant to the
foreclosure of a purchase money first mortgage, or any bona fide proceeding in lieu thereof,
which proceedings shall extinguish the lien of such assessments as to payments which became
due prior to such sale or transfer. The POID shall have the right to foreclose its lien or obtain
judgment for assessments due in such foreclosure suit. No such sale or transfer shall relieve the
subject property from liability for any assessments thereafter becoming due or from the
continuing lien thereof. The Commissioners of the POID shall notify the first mortgagee, upon
request, of any default in the performance by the individual Owner of any obligation under this
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Declaration or the Development Documents which is not cured within sixty (60) days after the
Due Date.
B. The subordination created herein is merely a subordination and shall not relieve the Owner of
the personal obligation to pay all assessments and charges arising or coming due while the
Owner owns such property; and no sale or transfer of such property to the mortgagee or to any
other Person pursuant to a decree of foreclosure shall relieve any existing or previous Owner of
the personal obligation for any assessments or charges authorized in this Declaration.
Section 3. Exempt Property, Common Properties, properties dedicated to the public, public
right-of-way (ROW) and Property which is not yet platted and subdivided shall be exempt from
assessment by the POID.
ARTICLE 6
ARCHITECTURAL CONTROLS
Section 1. Designation of Architectural Control Committee. The POID shall have an
Architectural Control Committee, consisting of at least three (3) and not more than five (5) members who
shall all be natural persons. The members of the Architectural Control Committee, and all vacancies, shall
be appointed by Developer so long as Developer shall own at least ten percent (10%) of the Property. Once
Developer no longer owns at least ten percent (10%) of the Property, the members of the Architectural
Control Committee, and all vacancies, shall be appointed by the Commissioners of the POID.
Section 2. Function of Architectural Control Committee. Accessory structures such as
outbuildings and swimming pools are allowed in THE TRAILS, per the City of Little Rock R-2 single
family zoning. No building, living unit, fence, wall, accessory structure, outbuilding, parking area, driveway,
swimming pool, satellite dish, pole, lake, pond, drainage facility, tennis court, basketball court, antenna,
electronic transmitter or receiver, or other structure shall be commenced, erected, or maintained, and no
alteration or repainting in a different color or style to the exterior of any of the above shall be made and no
significant landscaping performed upon the Property, nor shall any exterior addition to or change therein be
made unless complete plans, specifications, and site plans showing the exterior design, nature, kind, shape,
height, color scheme, building materials, and location of the same, the location and size of driveways, the
general plan of landscaping, facing of such improvements with respect to existing topography, fencing, walls
and windbreaks, grading plan, and any other requested materials shall have been submitted to and approved
in writing by the Architectural Control Committee. This provision shall not apply to Developer in the
construction or maintenance of living units, landscaping, fencing, or other improvements which it undertakes
in the Property and Common Properties.
Section 3. The Basis of Approval. The Architectural Control Committee shall evaluate all
submissions on the individual merits of each application, subject to such site development and architectural
guidelines which the Committee may from time to time adopt. The site development and architectural
guidelines may change from time to time, but they shall be at all times in conformity with, and be subject to,
the covenants, restrictions and requirements of this Declaration. Approval of plans and specifications shall
be based on, among other things, adequacy of site dimensions, structural design, conformity and harmony of
external design and of locations with neighboring structures and sites, conformity with and preservation of
existing wooded landscape, relation of finish grades and elevations to neighboring sites, and conformity to
both the specific and general intent of the protective covenants. Enclosed garages shall be required to
Page 8 of 17
accommodate a minimum of two (2) standard sized cars, trucks or SUV's; however, the Architectural
Control Committee may, in its sole discretion, approve or disapprove an open carport if it is located behind
the residence it serves and if the open carport is not visible from the streets adjoining the residences. The
plans and specifications to be submitted in writing and approved must include the following:
A. A topographical plat showing existing contour grades, the location of all improvements,
including structures, walks, driveways, fences, walls, patios and decks.
B. Exterior elevations.
C. Exterior materials, colors, textures, and shapes.
D. Structural design plan.
E. Landscaping plan.
F. Driveway plan.
G. Utility Connections.
H. Exterior illumination locations.
Section 4. Architectural Guidelines. The Architectural Control Committee may establish certain
site development and architectural guidelines. All plans and specifications will be evaluated under the site
development and architectural guidelines then in force and effect. The Architectural Control committee may
approve exceptions to the site development and architectural guidelines then in force by a majority vote. The
current site development and architectural guidelines shall be available for inspection by all Owners within
the POID.
Section 5. Action by Committee. A majority vote of the Architectural Control Committee shall be
required for the approval or disapproval of said plans and specifications; provided, however, that the
Committee may designate a single member to approve or disapprove such plans and specifications. In the
event said Committee or its designee fails to approve or disapprove any such plans and specifications within
thirty (30) days after said plans and specifications have been submitted to it, approval shall be deemed to be
granted and compliance with this Article shall be presumed. Nothing herein contained nor the required
consent of the Architectural Control Committee shall in any way be deemed to prevent any of the Owners of
Property in THE TRAILS from maintaining any legal action relating to improvements within THE
TRAILS which they would otherwise be entitled to maintain. There shall be no separate compensation to
the Developer for architectural review services to be performed pursuant to this provision. The Developer
may be compensated for any other services rendered.
Section 6. Limitation on Liability. Under no circumstances shall the Developer, the Architectural
Control Committee, the POID or their Agents, employees, members or Commissioners ever be liable to any
Person for any action or failure to act, for negligence, mistakes, misfeasance or malfeasance in connection
with the performance of any of the duties of the Architectural Control Committee.
Page 9 of 17
ARTICLE 7
GENERAL
Section 1. duty of Maintenance. All Owners and occupants (including lessees, contract buyers,
builders, residents, and construction workers) of any part of the Property shall jointly and severally have the
duty and responsibility, at their sole cost and expense, to keep the exterior portion of the Property so owned,
occupied, or used, including buildings, improvements, structures, and grounds in a well -maintained, safe,
clean and attractive condition at all times. Maintenance includes, but is not limited to, the following:
A. Prompt removal of all trash, litter, refuse, yard waste, debris, unused building materials, and
waste.
B. Lawn mowing.
C. Tree and shrub pruning.
D. Watering of landscape.
E. Keeping exterior lighting and mechanical facilities in working order.
F. Keeping lawn and garden areas alive, free of weeds, and attractive.
G. Keeping parking areas, driveways, alleyways, and roads in good repair.
H. Complying with all governmental, health, and police requirements.
I. Repainting the exterior of improvements when necessary.
J. Repairing damages to exterior of improvements.
Section 2. Enforcement. If, in the opinion of the Commissioners of the POID, any Owner
or occupant has failed in any of the foregoing duties or responsibilities, then the Commissioners of
the POID or its designee may provide written notice of such failure, giving the Owner or occupant at
least ten (10) days from receipt of such notice to perform or initiate and continuously pursue the care
and maintenance required. Should any such person fail to fulfill this duty and responsibility within
the ten (10) day period, then the POID, 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 the damages for wrongful entry, trespass, or otherwise to any person whatever. The Owner of
any part of the Property on which work is performed by the POID shall be personally liable for the
cost of the work and shall promptly reimburse the POID for all such cost. If the POID has not been
reimbursed within thirty (30) days after invoicing such amount to the respective Owner, the
indebtedness shall be a debt of such delinquent Owner and shall constitute a lien against said
Owner's Residential Unit. This lien shall have the same attributes as the lien for assessments and
special assessments set forth in Article 5 herein, and the POID shall have identical powers and rights
in all respects, including but not limited to the right of foreclosure.
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Section 3. Common Scheme Restrictions. hi accordance with the maintenance
requirements imposed on the Owners and occupants hereunder, the following restrictions are also
imposed with regard to the Property and Common Properties for the benefit of each of the Property
and Common Properties and may be enforced by the POM or the Owners of any of the Property
through any remedy available at law or in equity.
A. Each and every lot and home in THE TRAILS shall have a landscaping plan and shall have
installed prior to occupancy completed landscape which complies with the landscape plan. The
Architectural Control Committee may, in its discretion, approve an initial house plan and site
submission which does not include a landscaping plan. Irrespective of this approval, and without
any further reservation, each and every lot in THE TRAILS shall be landscaped prior to
occupancy with a sodded yard around the residence, trees, shrubs, ornamental plantings, gardens
and other landscaping elements typical in a first class subdivision containing homes of similar
size and value. All landscaping, whenever installed, shall be subject to review by the
Architectural Control Committee. All landscaping installed without prior written approval of the
Architectural Control Committee shall be installed at the risk of the lot owner, including any
person who shall take title subsequent to the installation, and no landscaping is considered as
approval until written approval of the Architectural Control Committee has been obtained. Any
landscaping installed without specific written approval shall be removed by the property owner
upon request of the Architectural Control Committee. The particular landscaping requirements
for THE TRAILS shall be set out by the Architectural Control Committee, either in its written
guidelines or in comments to particular landscaping plans submitted pursuant to Section 3.
Typical landscaping would include shrubbery, or ornamental plantings along the front of
improvements, with such plantings to be in defined beds which are maintained free of weeds or
other invasive plantings. All landscaping shall comply with the guidelines of the Architectural
Review Committee and shall be maintained in accordance with best landscaping practices
consistently applied.
B. No homeowner, permanent resident, or guest of a homeowner or resident of THE TRAILS
shall park motor vehicles on the street or on any other public or private rights of way in THE
TRAILS except on a temporary basis. Except during special occasions, such as parties,
homeowners shall park their vehicles and the vehicles of their guests, family members and other
invitees either inside their garages or on their driveways. No vehicles owned by residents or
guests of residents in THE TRAILS shall be parked in any location in such a manner as to
obstruct the view of drivers or otherwise constitute a nuisance or hazard. No vehicle, motorboat,
houseboat, canoe, sailboat, personal watercraft or similar waterborne vehicle, or all -terrain
vehicle may be kept or parked in the street right-of-way or in the area between the street and the
building setback line, or in the side yard area. Campers, travel trailers and recreational vehicles
may be parked in the area between the street and the building setback line for brief periods,
maximum of two (2) days, and only for the purpose of cleaning, servicing and or stocking such
vehicles. No motorized or non -motorized vehicles may ever be parked or operated on
emergency service roads except for service vehicles or emergency vehicles on a temporary basis.
C. No residence may be occupied until all construction is completed, including the completion of
landscaping in accordance with an approved landscaping plan. Completion of the landscaping
plan shall include the installation of sod in all areas designated in the landscaping plan.
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D. No garbage, refuse, rubbish, tree limbs, pine straw, leaves or cuttings shall be deposited on any
street, road, or upon any of the Common Properties nor on the exterior of any Residential Unit or
lot unless placed in a container or way as determined by the sanitation department suitable for
pickup by municipal collectors. No disturbance of any kind, including grading, digging, filling,
removal of trees or vegetation, dumping or storage of materials will be permitted in common
areas. The POID may levy fines upon any person violating this covenant, the amount of such
fine being determined by the POID. Any fine not paid within twenty (20) days shall constitute a
lien against the lot of the offending owner.
E. No building material of any kind or character shall be placed upon any of the Property except in
connection with construction approved by the Architectural Control Committee. Construction
shall be promptly commenced and diligently prosecuted. All construction sites must be kept
clean and orderly, free of trash, construction waste and scrap materials.
F. No clothes line or drying yards shall be kept or allowed on the Property or Common Property.
Service yards, wood piles and storage areas shall be allowed only if located so as not to be
visible from a street, road, or any of the Common Properties. Recreation equipment such as
volleyball and badminton nets must be stored when not in use for an extended period of time.
G. Any exterior lighting installed on any Residential Unit or on any of the Property shall either be
indirect or of such controlled focus and intensity as not to disturb neighboring Owners or
adjoining Property.
H. No animals, livestock, or poultry of any kind shall be raised or kept on the Property or Common
Properties, except a reasonable number of fully domesticated ordinary household pets, in
accordance with local ordinances, shall be allowed for each Residential Unit, provided that they
are not kept or maintained for commercial purposes. Pet facilities and enclosures shall be
allowed only in the rear yard of any lot and must be constructed subject to any setback
requirements. Any chain link fencing materials must be painted black or coated with black
plastic. All pet facilities must be kept clean and maintained in a manner which precludes insect
infestations and odors.
I. Except for subdivision identification signs and informational, interpretive or directional signs
placed by the Developer or POID, no signs, posters, plaques, address markers, or
communications of any description shall be placed on the exterior of any structure or placed or
permitted to remain on any part of the Property of Common Properties unless previously
approved by the Architectural Control Committee. The size, style, construction and placement
of all mailboxes, newspaper boxes shall be subject to the prior review of the Architectural
Control Committee. No mailbox or newspaper box shall be erected unless first approved by the
Architectural Control Committee.
J. As to commercial signs, only one (1) free-standing construction sign and one (1) realtors' sign
will be permitted at any Residential Unit during construction, except on corner lots, where two
(2) of each shall be permitted. No signs of any type shall be attached to trees or shrubs. All
permitted signs must be erected on posts or stakes. Subcontractor signs may be allowed during
the period of time the subcontractor is performing their trade.
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K. Except for authorized maintenance and emergency vehicles, no motor vehicles of any type shall
be allowed on the pedestrian trails, service roads, greenbelts, open spaces, or other pedestrian
areas.
L. No used, previously -erected or temporary house or structure, no modular or prefabricated house,
no house trailer or non -permanent outbuilding shall be allowed to be placed, erected, or allowed
to remain on any of the Property or the Common Properties. No houses or portions of houses
shall be moved to or placed on the Property. No geodesic domes, hexagonal or octagonal homes
or other similar structures shall be allowed to be placed, erected or allowed to remain on any of
the Property or the Common Properties unless instructed by the Developer or POID for the
benefit of all property owners.
M. No inoperative, disassembled or junk vehicle of any kind, no commercial vehicle, and no trailer,
camper, recreational vehicles, camp truck, house trailer, boat, or other machinery or equipment
(except machinery and equipment as may be reasonable and customary in connection with the
use and maintenance of any improvements located upon the Property and except for such
equipment and machinery as the POID may require in connection with the maintenance and
operation of the Common Properties) shall be kept upon the Property, nor (except for bona fide
emergencies) shall the repair or extraordinary maintenance of automobiles or other vehicles be
performed on any of the Property. This restriction shall not apply to vehicles, trailers, boats,
machinery, equipment or the like stored and kept within an enclosed storage room or garage.
The POID may, in the discretion of its Commissioners of the POID, consider whether to provide
and maintain a suitable area designated for the parking of such vehicles.
N. The area of each lot and the width of each lot at the front building line shall be specified by
Developer for each phase of the addition in accordance with the Supplemental Plat and Bill of
Assurance filed for each phase.
O. No lot shall be subdivided unless the written consent of Developer and the Little Rock Planning
Commission is first had and obtained, and any required action by the POID is taken, such as an
approved plat amendment.
P. No principal residential structure shall be constructed or permitted to remain on any lot platted
hereby as THE TRALLS unless the livable floor area thereof, exclusive of porches, patios,
carports, garages and breezeways meets the following standard:
• Lots 20,000 square feet (0.45 acres) or less shall have a minimum livable square footage
of 1,400 square feet with at least 1,000 square feet being on the main level in a dwelling
with one and one-half or more stories.
• Lots larger than 20,000 square feet or more than (0.45 acres) shall have a minimum
livable square footage of 2,000 square feet with at least 1,500 square feet being on the
main level in a dwelling with one and one-half or more stories.
Square footage is measured on the outside or ("brick to brick") of the principal residential
structure. The term "livable floor" as used in this paragraph shall include interior spaces for
Page 13 of 17
normal residential activities, such as living, dining and sleeping areas, which areas may be on
different levels.
Q. No poles, towers, or similar structure of any kind, including but not limited to any radio or
television antenna or tower, shall be built or permitted to remain upon any lot.
R. No trailer, tent, shack, garage, garage apartment, hutment, barn, structure of a temporary
character, or outbuilding of any kind on said land shall at any time be used or occupied as a
residence, temporarily or permanently.
S. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash,
ashes or other refuse be thrown, placed or dumped upon any public way, easement, vacant lot, or
common area, nor shall anything ever be done which may be or become an annoyance or
nuisance to the neighborhood.
T. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two
(2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner
residential lot within the triangular area formed by the street property lines and a line connecting
them at points twenty-five feet (25') from the intersection of the street lines, or, in the case of a
rounded property corner, from the intersection of the street property lines extended. The same
sight line limitation shall apply on any lot within ten feet (10') from the intersection of the street
property line with the edge of a driveway or alley pavement. No tree shall be permitted to
remain within such intersection unless the foliage lines are maintained at sufficient height to
prevent obstruction of such sight lines.
U. No fence, wall, or hedge shall be permitted to extend beyond the established minimum front
building setback line or from the side yard building line to the street on corner lots unless
specifically approved by the Architectural Control Committee. It is not the intention of this
paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard.
V. Chain link or other similar fences are strictly prohibited and shall not be used under any
circumstances except for use as pet enclosures as set forth in subparagraph (H). Wooden privacy
fences of a style specified by the Architectural Control Committee, picket fencing and wrought
iron fencing of appropriate color, size, design and location may be utilized if approved in
advance by the Architectural Control Committee. Fencing adjacent to greenbelt areas, service
roads and pedestrian trails should not interfere with the usage and enjoyment of any greenbelts,
trails, or service roads. All fences must comply with the City of Little Rock and any/all
governing authorities. All other types of fencing are not allowed on the Property or the Common
Properties. The design, construction and material of any fence or wall must be submitted for
consideration by the Architectural Control Committee in the same manner as provided in Article
6 hereinabove for Architectural Control.
W. All dwellings and other structures erected upon any lot as a Residential Unit shall be served by
all public utilities, including private sewer system.
X. No building or any other permanent structure or improvement of any kind, whether herein
specifically enumerated or not, shall be built or maintained within the area of any of the
easements, and no alteration, including grading, filling, excavation or other site work may be
Page 14 of 17
done within the area of any of the easements shown on the plat which may damage or interfere
with the installation and maintenance of utilities or which may change the direction of flow of
drainage channels, or which may obstruct or retard the flow of water through drainage channels;
and, in the event any such obstruction is placed thereon in violation of this restriction and
reservation, no public authority will be liable for destruction of same in maintaining or repairing
its lines located within the area of said easement. Easements, including drainage channels, shall
be mowed and generally maintained by the Owner of the lot over which the easement or
drainage channel is platted except for improvements installed in those easements for which a
public authority or utility is responsible.
Y. No concrete, asphalt or other obstruction shall be placed in the street gutters. Curbs shall be
saw -cut at driveways and driveway grades lowered to meet the gutter flow line or not more than
two inches (2") above said flow line.
Z. No satellite receiver dish ("dish") shall be erected, placed or maintained on any lot, except that
dishes not larger than twenty-four inches (24") in height may be allowed if attached to the back
of the served dwelling and if approved by the Architectural Control Committee. Only one (1)
dish will be permitted on any one (1) lot and shall be out of view from the front of adjoining
properties. These restrictions shall be cumulative and in addition to any municipal or
governmental restrictions and requirements.
A.A. No motorboat, houseboat, canoe, sailboat, personal watercraft, or other similar waterborne
vehicle, and no camper, trailer or recreational vehicle may be kept in the street right-of-way or in
the area between the street and the building setback line, or in the side yard area.
BB. All construction, excavation, site grading, trenching, diggings, equipment storage and usage,
and other activities on the Property shall be undertaken in compliance with the rules and
guidelines established by the Architectural Control Committee. These guidelines shall restrict or
prohibit certain types of activity, such as grading or backfilling, which may damage trees and
other plants.
It is the responsibility of each Owner to ensure that the Owner and every contractor employed by
the Owner has reviewed and agreed to comply with the foregoing common scheme restrictions prior
to commencement of site preparation or construction.
ARTICLE 8
GENERAL PROVISIONS
Section I. Noxious Activity. No loud, disturbing, unsanitary, dangerous, hazardous, noxious,
illegal, or offensive trade or activity shall be carried on upon the Common Properties or any portion
of the Property. Nor shall any annoyance or nuisance created or sustained by any Owner upon the
Property or Common Properties be tolerated or permitted.
Section 2. Duration. The Covenants and Restrictions of the Declaration shall run with and bind
the Property, shall be and remain in effect, and shall inure to the benefit of and be enforceable by the
POID or the Owners of any of the Property, their respective legal representatives, heirs, successors
Page 15 of 17
Section 3. Notices. Any notice required or permitted to be sent to any Property Owner pursuant
to any provision to this Declaration may be served by depositing such notice in the mails, postage
prepaid, addressed to the Property Owner to whom it is intended at the Owner's last known place of
residence and such service shall be deemed sufficient. The date of service shall be the date of
mailing.
Section 4. Assignability. Notwithstanding any other provision herein to the contrary,
Developer shall at all times have the right to fully transfer, convey and assign all of its rights, title,
interest, obligations under this Declaration provided that such transferee, grantee, or assignee shall
take such rights subject to all of the Covenants and Restrictions contained herein, and in such event,
the transferee shall be deemed to be Developer.
Section 5. Severability. Invalidation of any of the covenants, restrictions, requirements,
provisions, or any part thereof by an order, judgment, or decree of any court, shall in no way affect
any other provisions of this Declaration, which shall remain in full force and effect.
Section 6. Amendment. These covenants, restrictions and assurances shall not be amended,
canceled, restated, or supplemented unless an instrument signed by at least ninety (90%) of the
Owners of the aforesaid lots is placed on record agreeing to change them in whole or in part, and any
change must be approved by the controlling governmental planning commission. Specifically
ermitted however, as long as the developer owns record title to ten percent 10% or more of the
lots, amendments and restatements may be effected by the developer.
Section 7. Execution of Counterparts. This Declaration may be executed in any number of
counterparts with the same effect as if all parties had all signed the same document. All counterparts
shall be construed as and shall constitute one and the same agreement.
IN WITNESS WHEREOF, Developer has hereunto set its
MG , 2015.
LM
Page 16 of 17
seal thisD9'0 day of
Wavn.Mchi
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this ZVVk day of 4& 2015, before me, a notary public, duly
commissioned, qualified and acting ithin and for the county and state aforesaid, appeared in person
e 1 i "e , to me well known, who stated that he was the owner of
Unleasfied Innovations, Inc., an Arkansas corporation, and was duly authorized in his capacity to
execute the foregoing instrument for and in the name and on behalf of said corporation, 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 the day and
year aforesaid.
Notary Puhli
My Commission Expires:
la-rL-2-9;71
Page 17 of 17
Exhibit A
That part of Section 33 and that part of the West Half of the Southwest Quarter of Section 34,
Township 2 North, Range 14 West, Pulaski County, Arkansas, more fully described as
follows: Commencing at the Southeast corner of the Northwest Quarter of the Southwest
Quarter of said Section 34 and run thence N88010'14"W along the north line of said NW %
SW % a distance of 77.0 feet to a point on the south right of way of Kanis Road, said point
being the point of beginning of property herein described: thence N88"10'14"W along the
north line of the NW % SW % a distance of 390.35 feet to a #4 rebar on the north line of
property described in Special Warranty Deed Instrument #2002128292, Pulaski County,
Arkansas; thence S27°42'30"W along the north line of said property (Instr#20022128292) a
distance of 266.50 feet to a #4 rebar cap #1281; thence N88026'44"W along the north line of
said property (Instr#20022128292) a distance of 1,021.56 feet to a #4 rebar cap #1281;
thence S2041'12"W along the north line of said property (Instr#20022128292) a distance of
741.91 feet to a #4 rebar cap #1281; thence N87057'35"W along the north line of said
property (Instr#20022128292) a distance of 317.96 feet to a #4 rebar cap #1281; thence
N44030'24"W along the north line of said property (Instr#20022128292) a distance of 984.30
feet to a #4 rebar cap #1281; thence N87039'03"W along the north line of said property
(Instr#20022128292) a distance of 1,320.30 feet to a #4 rebar cap #1281 on the west line the
Southwest Quarter of the Southeast Quarter of said Section 33; thence N2016'02"E along the
west line of said SW'/ SE Y4 a distance of 325.00 feet to a Bolt at the southwest corner of the
Northwest Quarter of the Southeast Quarter of said Section 33; thence N2016'02"E along the
west line of said NW % SE % a distance of 1,307.18 feet to a stone pile at the Northwest
corner thereof; thence N87045'27"W along the south line of the Southeast Quarter
of the Northwest Quarter of said Section 33 a distance of 998.80 feet to a #4 rebar at the
southeast corner of the West Half the Southwest Quarter of the Southeast Quarter of the
Northwest Quarter of said Section 33; thence North 85"05'25" West a distance of 246.45 feet
to the proposed west right of way of Walnut Grove Road being 65' overall, 32.5 feet both
sides of the centerline; thence the following courses along the proposed west right of way of
said Walnut Grove Road: North 11054'53" West 22.89 feet, North 27058'18" West 73.81 feet,
North 40013'39" West 38.73 feet, North 44°13'53" West 34.24 feet, North 49045'21" West
345.73 feet, North 49008'51" West 360.83 feet, North 49048'00" West 110.61 feet, North
40011'56" East 22.5 feet, North 49048'04" West 21.97 feet, North 52017'18" West 99.24 feet to
the start of a curve to the right; thence 185.92 feet along the arc of said curve, having a
Raduis of 100.00 feet and a chord distance of 160.27 feet, to a point on the south right of
way line of Kanis Road; thence following courses along the south right of way line of Kanis
Road, being 30' south and parallel with the center line thereof: North 54014'05" East 121.12
feet, North 57010'41" East 57.58 feet, North 65047'03" East a distance of 53.60 feet; North
78031'33" East 47.88 feet, South 88046'16" East 41.67 feet, South 77054'00" East 52.66 feet,
South 73026'47" East 98.15, South 73020'11" East 192.27, South 73022'55" East,
S72028'40"E, 463.51 feet; S65007'26"E, 308.53 feet; S67°43'45"E, 317.98 feet S65003'15"E,
510.76 feet; S65053'18"E, 264.62 feet; S67027'27"E, 161.08 feet; S67052'10"E, 318.20 feet;
S71 °05'1 YE , 162.21 feet; S72021'52"E,165.66 feet; S68042'44"E, 168.14 feet; S67012'26"E,
169.77 feet; S67027'55"E, 261.62 feet; S64029'40"E , 148.89 feet; S62024'17"E , 315.00 feet;
S62032'08"E , 396.17 feet; S60°04'55"E, 392.37 feet; S60044'12"E, 649.79 feet;
S56030'49"E , 223.24 feet; S50031'22"E 176.40 feet; S48058'07"E , 119.55 to the point of
beginning, containing 153.8 acres more or less.
Subject to Wooded Buffer zone as described in Special Warranty Deed Instrument
#1999099475, Pulaski County, Arkansas: That portion of the above described real property
located within one hundred (100) feet of the right of way of Kanis Road is wooded buffer
zone. Other than three road/driveway connections being allowed to be constructed through
the wooded buffer zone for access to the above described real property, no owner of all or
any portion of the above described real property may construct any buildings, structures or
other improvements within the wooded buffer zone, cut any trees, plant or other natural
vegetative growth within the wooded buffer zone, or Modify by grading or otherwise the
existing contour of the wooded buffer zone.
West Pulaski Public Water Authority of Arkansas
2112 Live Oaks Drive
Little Rock, AR 72223
September 25, 2015
City of Little Rock
City Planning and Development
ATTN: Donna James
723 West Markham
Little Rock, AR 72201
Subject: Proposed "Trails" Subdivision in Western Pulaski County
Dear Ms. James:
The West Pulaski Public Water Authority of the State of Arkansas (the Authority) appreciates this
additional opportunity to comment on the subject proposed development. Please see our letter of
September 2015 on an earlier version of the proposed development.
The Authority is "political subdivision of the State of Arkansas" IAW Document No. 10409700002 filed
with the Arkansas Secretary of State on 02/25/09, #Page: 27.
"rhe Authority has been working toward getting Central Arkansas Water service extended to western
Pulaski County since 2009. We are "hopeful" that we will be able to start Phase I in late 2016 or early
2017. Phase 1 includes the area north of Colonel Glen along Burlingame to Kanis and west to Roberts
Road.
We believe that the proposed "Trails" Development threatens the community structure, hydraulic
characteristics, economic basis, contamination, and other concepts upon which our Authority's
Preliminary Engineering Report is based. The Authority is, therefore, concerned that the various
governmental authorities, specifically, The City of Little Rock, Pulaski County, and Central Arkansas
Water have not adequately coordinated the impact of the" Trails Subdivision" with the long range
development of the western portions of the County.
Ms. Donna James
Page 2 of 2
September 25, 2015
These impacts include but are not limited to:
• Discharge of treated wastewater, holding pond leakage, and concentrated suburban runoff into
Fletcher Creek (a seasonally dry waterbody, i.e. 7Q10 < 1 cfs). The current residents along
Burlingame south of the proposed development withdraw their potable water from private
shallow wells. These wells are completed in fractured shale hydraulically downgradient of the
proposed subdivision. Until/unless public water is available, these wells are vulnerable to
contamination from sources north of Burlingame along and north of Kanis;
• The increase in vehicular traffic east along Kanis Road connecting to Chenal Parkway, and/or
northeast along Rahling Road and then east on Hwy 10, and/or west and north along Kanis and
Ferndale Cutoff and then east on Hwy 10. For 300 homes one can estimate an additional 300-
600 vehicles per day. We know of no short term planning or funding for that increased volume
of vehicles;
• The rural cultural and scenic thoroughfare epitomized by the solitude and beauty of Fletcher's
Hollow, a frequently used bicycle touring route;
• The incompatibility of a concentrated suburban development with the existing rural nature of
the western portion of the County, and
• Fire and public safety protection, to our knowledge, not currently available nor planned to be
provided by the City. This places additional financial and resource burdens on the Pulaski
County Sheriff and West Pulaski County Volunteer Fire Department.
Thank you for the opportunity to submit these additional comments.
Sincer iy,
Robert E. Blanz, PhD, l .E.
Chairman, West Pulaski Public Water Authority of Arkansas
C: WPPWA Board of Directors
JEREMY HUTCHINSON
ASSISTANT PRO i"EMPORE
SENATOR
33RD DISTRICT
CELL: 501-773-3760
lerei-ny.hutchhison@,sciiate.ar.gov
201 EAST NOFTH ST.
BENTON, ARKANSAS 72015 THE SENATE
September 30, 2015 STATE OFF ARKANSAS
Ms. Donna James
Department of Community Planning
City of Little Rock
723 West Markham Street
Little Rock, Arkansas 72201
HAND DELIVERED
Dear Ms. James:
CHAIR
JUDICIARY
MEMBER
JOINT BUDGET
LEGISLATIVE COUNCIL
JOINT RETIREMENT & SOCIAL SECURITY
CITY, COUNTY & LOCAL AFFAIRS
CHILDREN & YOUTH
Several constituents have called my attention to numerous potential problems related to the
development of the Trails subdivision that has been proposed on the south side of Kanis Road, in
western Pulaski County. This area is located in my Senate district.
This proposal would place a very high density development in an area which may not compatible
to this type of development. The terrain between this area and the City of Little Rock create
sewage problems simply beyond the construction of a treatment plant. Downstream of such a
plant, Fletcher Creek flows north to the Little Maumelle River on its way to the Arkansas River
and Pinnacle Mountain State Park.
Citizens have pointed out to me that there are Little Rock ordinances regulating the cutting of
trees and major topographical changes that would affect runoff. However, these ordinances may
not be enforceable in the extraterritorial planning jurisdiction. This is a great concern, and one
that causes me to conclude that this proposed development needs further study, especially in
regard to a possible breakdown of protection of the environment, rights of citizens, and other
issues due to the overlap of planning responsibilities between cities and counties.
Therefore, I respectfully request that the Little Rock Planning Commission deny approval for the
Trails Subdivision at this time, so that these issues may be thoroughly researched and addressed.
Sincerely,
Jeremy Hutchinson
State Senator — District 33
THE ARKANSAS SENATE • STATE CAPITOL 0 LITTLE ROCK. ARKANSAS 72201 TELEPHONE (5011 682.6107
Pulaski County
Office of the Sheriff
Doc Holladay, Sheriff
2900 South Woodrow Little Rock, AR 72204
Tel. 501-340-6600
September 30, 2015
Ms. Donna James
Department of City Planning
City of Little Rock
723 West Markham Street
Little Rock, AR 72201
Dear Ms. James:
This letter states my concern regarding the development of the Trails subdivision that has
been proposed at the intersection of Kanis and Walnut Grove Roads, in western Pulaski County.
My chief concern is for the safety of all citizens who live, commute to work, visit and frequent
the Kanis corridor, from Chenal Parkway to Ferndale and beyond.
The two lane Kanis Road, lined by forest, lack adequate lighting in many areas and is not
conducive to heavy traffic. There are ditches on both the sides of the road, which is not prepared
for major traffic. There is the additional concern of wildlife, which annually are the cause of
accidents. During times of ice and snow, this part of Kanis Road is virtually impassable,
hazardous and frequently blocked by falling trees.
Development of this subdivision should not proceed until these safety issues have been
fully resolved.
Sincerely,
Doc Holladay
Pulaski County ShIrrr
DH/dj a
Little Rock Planning and Development
723 W. Markham St.
Little Rock, AR 72201
Attn; Donna James
Joe White Jr.
1120 Walnut Grove Rd
Little Rock, AR 72223
Subject: Proposed "Trails" subdivision
September 21, 2015
Dear Ms. James
By now I am sure you have received a number of letters of objection in the matter of the proposed,
"trails" subdivision. And clearly those of us submitting are all referencing and working off the following
common list of impacts/objections which are absolutely real and legitimate.
1. Object to the high density of the lots and housing proposed. This high density development is
not in character for the area and is more appropriate for city development and not suburban.
2. Object to the lack of green spaces and buffers available to make the development more
aesthetically appealing.
3. Object to the Conditional Use Permit that will pave the way for the sewage treatment plant that
will empty into Fletcher Creek and subsequently into the Little Maumelle.
4. Object to the unsatisfactory provision of how the sewage treatment plant will be maintained in
the near and longterm.
5. Object to the storm water runoff that will result from the clear cutting and construction on the
ridge.
6. Object to the traffic and damage caused to Kanis Road and Fletcher Hollow during and after
construction.
Having a good deal of experience with Fletcher creek I will only expand only on point 5. Since the entire
"trails" landmass drains into Fletcher creek, the development as proposed would have dramatic storm
water impact on both Fletcher creek and little Maumelle creek into which it drains. The Proposed
density of streets, driveways and rooftops will eliminate much of the landmass absorption of rainfall and
dramatically increase short-term runoff into both of these natural drains. I am certain that, particularly
severe storms, will significantly increase impact on land along these veins. In addition, given their
location at the lowest elevation of the property, I would anticipate that storms will likely compromise
both capacity and release from the lagoons of the proposed waste water plant. Does LR planning
consider flood control and potential pollution in its deliberation and approval process?
Back in 1998 Mr. Richie embarked on the Ferncrest Estates subdivision south east of my cattle farm
here on Burlingame Rd. That too laid bare a lot of land for roads and a lake on the property. For
whatever reason (poor runoff mitigation or simple inability to control run off from the landmass) storm
runoff pushed clay silt into Fletcher creek for over a mile destroying or displacing most marine life in
that stretch. I measured up to two inches of silt in pools of the creek bed across my place. At the time I
filed a complaint with AR Dept of Soil and Water but nothing ever came of it. And since the damage
done wasn't so much economic in nature, I couldn't justify the cost of litigation. After all this time, the
creek has only now recovered to what I recognize as its historical normal. Perhaps this time will be
different, with the whole community alerted and warning of the potential for damage. Should such
occur, I won't be the lone voice, the single complainant. I mention this for what its worth.
Regardless of technical considerations, it is notably unjust that we who live within the extraterritorial
planning boundary of Little Rock, but have no representation in city government and no particular
protections under city services or oversight, should be so potentially compromised by city approval of
horrific proposition like this "trails" subdivision. Build density of the adjacent Chenal Properties
subdivisions of Iron Horse and Chenal Downs as well as Mr. Richie's last endeavor in our community,
Ferncrest Estates, were all designed and divided under individual lot septic waste percolation standards.
That level of development is clearly more in line with the character of the community and more
acceptable to us as residents.
In reaching out to others in the community on this matter, no one has expressed anything positive here;
every person who would offer me an opinion, strongly opposes "trails" in its current format. You are
aware of the strong participation in the Committee that has formed so I will not go into that. I will only
request that Little Rock Planning deny approval of Trails subdivision, in favor of a more asthetically
acceptable and less environmentally damaging design. Thank you for your consideration.
Sincerely,
Joe White Jr.
James, Donna
From: Sharon Bale <sharonbale007@yahoo.com>
Sent: Thursday, October 1, 2015 7:47 AM
To: James, Donna
Subject: Developing The Trails on Kanis Road
Dear City Planning Members ... the Care Takers of the Wonder for the City of Little Rock,
I send this as an advocate for God's creation, or as we call her, Mother Nature. Y'all have been given the job of caring
for her and protecting her integrity at all cost.
This Trails Development reminds me of one of the TV shows where a crowd stands by, watching a woman being raped
without doing anything to stop it or protect her. Maybe we will have our iPhones out recording it, but doing nothing to
stop it or stand up for her. This is my attempt to stand by the victim.
This potential rape victim's name is Fletcher Hollow! You are her guardians.
Each day as I enter the canopy of the Hollow, all that is wonderful about Little Rock seems to encompass my spirit. I
imagine the Indians of lore, walking the trail. I hear the clip -clop of horses as they journey along the way. I even wonder
if our granddaddy who taught many to drive, took a Sunday afternoon journey to Walnut Grove Methodist Church. All
these people of yesterday stand by the road side and the whisper of wonder rustles through the trees. It's my therapy
session!!! It gives me gratitude for being allowed to live in this city of people who care about their heritage.
One of my concerns is the high density of the lots and housing proposed. On paper, it looks nice and neat, but so does
Communism. In reality, it does NOT work.
This plot of land will become a barren waste land of asphalt and mortar. It will make the construction going on on
Rahling, look null and void. The Rahling land has the room and space to accommodate the project. Traffic on Rahling is
not being disrupted. It has enough space to build back in green spaces that you are so wise to require to keep the
integrity of Little Rock. It has areas for the workers and equipment to be parked.
As I drove by Rahling, I counted 17 workers trucks parked in a row on the site, not to mention other scatter through out
the site. Where will the workers for Fletcher Hollow park? Will they park on the Kroger parking lots on Kanis and be
bused in? There is no place for them to park unless they occupy the area around Walnut Grove church. Has Highland
Valley Methodist Church given permission for that? Walnut Grove is barely wide enough for two cars to pass, so it
certainly cannot handle cars parked on it day after day.
Where will all the heavy equipment load and unload? Where will that equipment be kept at the end of each day?
Where will the empty trailers be parked while equipment is being used?
What happens once this land is raped and the rains, sleet and snow come? What will keep the dirt from washing down
onto Kanis Road? Who will be responsible for the upkeep of Kanis during this time?
This stretch of Kanis is a main gateway into the city. How will it be rerouted during this construction time?
Will the traffic go down Denny? How will this effect the already heavy traffic associated with the elementary school?
Will it cause any safety concerns?
Or will it be sent down Burlingame and then down Stewart Road? Stewart is already slammed with school buses every
morning and afternoon as they begin and end their jobs, along with regular traffic. Will the construction of Stewart Rd.
be complete and able to handle all the additional traffic?
When all the trees are being cut and pushed down, where will they be piled? How many times a day will Kanis, from
Walnut Grove to Stewart, become closed for all this timber to be loaded and hauled off? Or the equipment to be loaded
and unloaded.
It would seem to me that Kanis should be widened before this construction could even be considered for the safety of all
who travel it.
A Conditional Use Permit! Really?!
Who has been hired to put in the sewage treatment for 200 homes? How secure are they, but especially you, that this
will not eventually leak into Fletcher Creek and on to the Little Maumelle? 200 homes is a LOT of waste) I!
Who is going to be responsible for the continued care of this sewage plant? This developer? The installer? Those who
will occupy these homes? Or even those who give permission for it to occur? Where does the buck stop when
something goes wrong and Fletcher Creek and Little Maumelle are contaminated? Like an oil spill ... what can be done
after the fact?
Every single tree on this plot of land will be cut down. Where is the green space that y'all have required to keep the
integrity of Little Rock under your watch? With this plan, there is no green space. Will the homes built here have the
same green space requirement off Kanis as Chenal downs?
The Trails plan does not align with your marks of wisdom for future generations, which I have so admired through out
the years.
Our grandson's great -great-grandfather decisions to support Arkansas Children's Hospital as it grew from an orphanage
into a hospital helped pave the way for our grandson's continued life. Now do you think he thought, "Well, if I support
this then my great -great-grandson will live one day."? I don't. But because he was a man of integrity on behalf of all
mankind and did what was right, that eight year old is alive and thriving.
Because of 67 days in the NICU at ACH and 5 major surgeries and continued required visits for years to come, I know
that every decision that we make in our own lives and on behalf of this city, state, country and fellow man will effect our
great -great-grandchildren's lives.
Will one day, your own great -great-grandchild travel down Kanis and say, "Boy I sure am glad that my grandparent
approved the houses up there." "I am so glad that that the fishing hole at the base of that hill is so contaminated that
fish can't live in it." "I am so glad that the swimming holes that this water flows into are too contaminated to get into."
In 20, 30 years from now, will you want your great -great-grandchildren to swim in it? Is this development the one you
want associated with your name and signature, as a decision of integrity on your part?
Every decision that each of us makes is our signature of integrity! Will you be pleased to have a plaque placed on the
City Planning map with your name that says, "I approved this for the betterment of Little Rock and the future
generations?"
I think you are a group of people who take seriously your charge of being the Caretakers of the Wonder of Little Rock
and you are serving with integrity. So far, in the majority of your decisions, I stand with you. In this situation ... if you
approve the project, we'll just agree to disagree!
"Gratitude for the time you spend in protecting this city for all the generations to come!"
Sharon Bale
17300 Burlingame Road
501-912-3907
James, Donna
From: KENNETH WILLIAMS <gnatflat@sbcglobal.net>
Sent: Wednesday, September 30, 2015 10:23 PM
To: James, Donna
Subject: The Fails subdivision
Another short note on this impending disaster. Being a logical sort, I reason that Wayne Ritchie isn't
even trying to build anything. It's so amazingly insane that I believe that he's simply trying to pull a
Steve Wynn and extort money from the more wealthy Ferndale people. The whole plan is so wrong
that nothing else makes sense.
Ken Williams
23401 Fox Ridge Rd
Little Rock, Ar 72223
821-3699
231-1846
James, Donna
From:
Kevin Clark <kevinlclark@hotmail.com>
Sent:
Wednesday, September 30, 2015 7:55 PM
To:
James, Donna
Subject:
West Pulaski/Walnut Grove development
Please note that my family and I are against the proposed development Mr. Richey is proposing.
Thank you.
Kevin Clark
501-590-9303
James, Donna
From: Jane Sanders <tjsanders1975@sbcglobal.net>
Sent: Wednesday, September 30, 2015 7:31 PM
To: James, Donna
Subject: Trails subdivision proposal
I am opposed to the Trails subdivision proposal. NOBODY except for those hoping to make money on it could be for it.
The whole concept is insulting and is 100% void of respect for the whole community.
1. Kanis is not going to be adequate for the additional traffic. Any side streets that merge onto Kanis, particularly
Stewart, Denny, and Edswood, plus any driveways between the Trails and Chenal are going to be a NIGHTMARE in the
mornings if this stupid plan is approved.
School buses are already having problems trying to merge. Great idea, let's add 600 more cars!
2. The ditches along Kanis will not contain the runoff from even a moderate rain if the hillside is covered with roofs and
cannot absorb any of the water. Anyone West of the development will face the danger of flooding when driving into
Little Rock. Brilliant idea!
3.The sewage treatment plant ... you know that is a horror waiting to happen. I could put in details, but you already know
that the community and miles downstream WILL suffer. Hiring Andy Davis to put it in, when he is supposed to be
representing us ... slap in the face!
4.The idea of cramming 7000 square foot lots in beside acreage owners is a landowners nightmare. Must these selfish,
ahem, gentlemen be allowed to ruin our whole community, make money and leave to make us pick up the bill for the
rest of our lives (and our children's lives...)?
5. Now that they have increased the lot sizes, in the hopes that you will annex them and build a proper sewer, there are
no longer any Trails! There will.not even be any trees when they rape the mountaintop. Say, that sounds like a lovely
suburban oasis!
The proposal, itself, has shown our community that these men consider us second class citizens and mere obstacles to
their desire to make money. PLEASE do what you can to stop them.
Sincerely,
Jane Sanders
James, Donna
From: KENNETH WILLIAMS <gnatflat@sbcglobal.net>
Sent: Wednesday, September 30, 2015 5:22 PM
To: James, Donna
Subject: The Trails
Please allow me to state the obvious about "The Trails", the proposed destruction of the Ferndale
area of West Pulaski County.
With Ferndale replete with cow pastures and hideaways, the area proposed for this project is beyond
obscene. It would possibly work in Tokyo or Manhattan where land is measured by the square foot,
but never in such a beautiful rural setting. Ferndale residents understand that this horror would be the
death of future development, of Ferndale, of Fletcher Creek, of the historic Walnut Grove Church, and
of the life that we presently enjoy. Development will come to Ferndale. We hope that that
development will enhance the living experience and not destroy it.
This is the worst place, almost upon the Earth, to put such an eyesore. It would involve destroying the
beauty of the landscape of the area for all eternity. Wayne Ritchie created Ferncrest. It is precisely
what the area is good for; homes on five acres with room to allow nature to survive. The Trails, aka
the world's ugliest parking lot would obliterate nature, killing everything in its path, with no gain for
anyone, not even Wayne Ritchie. No person with a firing neuron is going to buy a rabbit hutch on a
postage stamp and commute eight miles to live ten feet from his neighbor.
THE CASH COW. Currently, Ferndale provides millions in revenue to the county with scant services
received. This is vital to the county coffers as there are many areas which provide little revenue and
require large expenditures. Most Ferndale residents are elderly and have few, if any, children in the
school system. The fire protection is voluntary. The police involvement is hardly present. There is
almost no road expenditure. Very few Ferndale residents end up in the court system. For the county,
it's all gain and virtually no pain.
Who will benefit? Absolutely no one, not even Wayne Ritchie. This monstrosity is doomed to failure
from the start. The topography is the worst possible for this type of development. He will go bankrupt
and leave Ferndale with the atrocious damage, because people will simply not drive this far for
nothing. The county, in the end, will lose millions in revenue as decent development is scared away
while spending millions pretending that something good will come of this. In the end, this will become
nothing more than Section 8 housing.
The "Fails", there is no room for trails, will be the death of the entire area to the benefit of no one.
Please do the right thing, because this disaster would be eternal.
Ken Williams
23401 Fox Ridge Rd
Little Rock, Ar 72223
821-3699 or 231-1846
James, Donna
From: Mark Johnson <mjohnlit@swbell.net>
Sent: Wednesday, September 30, 2015 4:30 PM
To: James, Donna
Subject: The Trails Subdivision
Dear Ms. James:
My wife and I live at 23616 Kanis Road, in the unincorporated part of Pulaski County. I am writing to oppose the
proposed development titled "The Trails", along Fletcher Hollow, approximately 500 yards from my property.
This area is unique in several ways. It is bounded by hills, and thus is not only beautiful, but not conducive to
development due to the likelihood of pollution of Fletcher Creek and its watershed. I am not opposed to residential
development in this area, but the proposed high -density subdivision creates a myriad of problems - fire protection,
sewage, traffic, and others that cannot be properly dealt with due to the topography of this area.
A development with a more appropriate density would be a positive thing for this area. This is highly inappropriate.
Please stop this inappropriate development in our area.
Thank you,
Mark Johnson
501-347-5337
James, Donna
From: Mary Hightower <mary.hightower@gmail.com>
Sent: Wednesday, September 30, 2015 4:12 PM
To: James, Donna
Subject: Fwd: Letter
Ms. Donna James
Subdivision Administrator
Planning and Development
City of Little Rock
723 W. Markham
Little Rock, AR 72201
Sept. 30, 2015
Dear Ms. James:
I am writing in opposition to the proposed Trails Development on Kanis Road. There are several reasons this
development should not be allowed:
1) The density of the development is completely out of character in this rural/forested area and more appropriate for
urban redevelopment.
2) The conditional use permit calls for an on -site wastewater treatment plant that would discharge into the Fletcher
Creek-Maumelle watershed. While this watershed is not currently on the impaired waterways list, we would hate to see it
become listed due to construction runoff and the expected volume of wastewater discharge.
3) Current infrastructure - a modest two-lane road with minimal shoulders - is unable to handle a manifold increase in
traffic.
4) For the proposed development to be built, construction crews would have to remove the top 30 feet of the ridge,
ruining the mountain's beauty and possibly creating open roads in the fractured sedimentary rock beneath for
groundwater contamination from non -point sources.
This canopied stretch of road is a treasure and unique in Central Arkansas. It's an area that's become a favorite of cyclists
and even "Sunday drivers" looking to enjoy the beauty of the Ouachita Mountains close to home.
We sincerely hope you will deny the proposed development and help preserve a natural area enjoyed by generations of
people in Pulaski County and beyond.
Yours truly,
Mary Hightower
1301 Golden Pond Road
Little Rock, AR 72223
James, Donna
From: John Hightower <jrhightower@gmail.com>
Sent: Wednesday, September 30, 2015 4:04 PM
To: James, Donna
Subject: Trails Development
Dear Ms. James,
I am writing in opposition to the proposed Trails Development on Kanis Road. There are several reasons this
development should not be allowed:
1) The density of the development is completely out of character in this rural/forested area and more in line for urban
redevelopment.
2) The conditional use permit calls for an on -site wastewater treatment plant that would discharge into the Fletcher
Creek-Maumelle watershed. While this watershed is not currently on the impaired waterways list, we would hate to see it
become so due to construction runoff and the volumes of wastewater discharge.
3) Current infrastructure is unable to handle such a large increase in traffic.
4) For the proposed development to be built, construction crews plan to remove the top 30 feet of the ridge, ruining the
mountain's beauty and possibly creating open roads in the fractured sedimentary rock beneath for groundwater
contamination from non -point sources.
This canopied stretch of road is a treasure and unique in Central Arkansas. It's an area that's become a favorite of cyclists
and even "Sunday drivers" looking to enjoy the beauty of the Ouachita Mountains close to home.
We sincerely hope you will deny the proposed development and help preserve for many generations a natural area
enjoyed by generations of people in Pulaski County and beyond.
Sincerely,
John Hightower
1301 Golden Pond Rd.
Little Rock, AR 72203
From the Desk of Jerry Cox
Jerry Cox
Okatoma Club
22525 Okatoma Club Road
Little Rock, AR 72223
September 30, 2015
Ms. Donna James
Little Rock Planning Dept.
723 West Markham
Little Rock, AR 72201
Dear Ms. James:
On behalf of the Okatoma Club, I am writing to express my opposition to a proposed development
upstream from our club located on Fletcher Creek.
The Okatoma Club is located north of Kanis Road at the end of Walnut Grove Road. Our Club consists of
over 50 acres of land, 11 cabins, two pavilions, and a swimming pool created by a dam across Fletcher
Creek. The membership of our club is approximately 150 people. For over 70 years families have
enjoyed the pristine waters of Fletcher Creek as it flows through nearly a half mile of club property. A
concrete dam across Fletcher Creek creates a half -acre sized ten -foot -deep swimming pool that children
and adults enjoy.
Any major development upstream from the Okatoma Club will adversely affect the water quality of
Fletcher Creek. Runoff from chemicals and fertilizers used in residential areas upstream will flow
downstream and settle in our swimming pool. Runoff from construction, automobiles, and other
activity upstream may affect the health of children swimming in the pool formed by Fletcher Creek.
Please seek alternatives to this development and preserve the water quality of Fletcher Creek.
i cerely,
Axre
Vice-President
P.S. My home mailing address at home is: 20 Nob Hill Cove, Little Rock, AR 72205. My cell phone
number is (501) 912-6600.
JAMES BRUCE McMATH
SAMUEL E. LEDBETTER
WILL BOND
NEIL CHAMBERLIN
CHARLES D. HARRISON
CARTER C. STEIN
ROSS NOLAND
MART VEHIK, OF COUNSEL
PHILLIP H. McMATH, OF COUNSEL
SIDNEY S. McMATH (1912-2003)
LELAND LEATHERMAN (1915-2006)
HENRY WOODS (1918-2002)
WINSLOW DRUMMOND (1933-2005)
4xAT
men
ATTORNEYS' AT LAWIF V
September 30, 2015
Department of City Planning and Development
Attn: Donna James
723 West Markham
Little Rock, AR 72201
Dear. Ms. James:
711 WEST THIRD STREET
LITTLE ROCK, AR 72201
501-396-5400
FAX:501-374-5118
www.mcmathisw.cnm
PHILLIP H. MCMATH
Direct No. 501-396-5416
phillip@mcmathlaw.com
SHELIA MURBERGER
Legal Assistant
501-396-5415
sbelia@mcmathlaw.com
I am writing to oppose the Trails subdivision development, at the corner of Kanis Road and Walnut Gove
Road in western Pulaski County.
Fletcher Creek and Fletcher Hollow are two sites in western Pulaski County that hold historical
significance in Pulaski County. Settled by Henry Lewis and Mary Lindsey Fletcher in 1815, Fletcher
Hollow is one of the last vestiges in Pulaski County that contains history spanning nearly 200 years. They
settled on Little Maumelle Creek and their ten children included the esteemed Civil War hero, Thomas
Fletcher, along with the Pulitzer Prize Award recipient John Gould Fletcher. Two of the public libraries in
Little Rock are named for the Fletcher and Terry families.
Thomas Fletcher was the unsuccessful Democratic candidate for Governor in 1878. He worked in
President Grover Cleveland's campaign and was appointed as U. S. Marshall, a post he held until 1888.
The Fletcher brothers are legacies upon which Pulaski County was built upon. My father, Governor
Sidney Sanders McMath, who was elected in 1948 thought highly of the Fletcher family and fostered my
interest and writing of Arkansas history. I feel strongly that the erosion of Fletcher Hollow destroys one
of the most important sites in western Pulaski County.
My major concern is the sewage treatment plant that will be built at the mouth of Fletcher Hollow, where
Fletcher Creek flows north to the Little Maumelle on its way to the Arkansas River. When flood waters
come, the storm water on a steep terrain will overcome the capacity of the small sewage system and raw,
untreated sewage will be dumped into Fletcher Creek, on its way to the Arkansas River and Pinnacle
Mountain State Park.
Please do not approve the Trails Subdivision that would destroy the historic integrity of western Pulaski
County.
Since 1953, a
James, Donna
From: angelspjb <angelspjb@sbcglobal.net>
Sent: Tuesday, September 29, 2015 6:44 PM
To: James, Donna
Subject: Fw: Proposed Trails Subdivision
Sent Iroln riiy Verizon Wireless 4G LTL sinartphone
-------- Original message --------
From: Gresham Barnes <gmanbarnes@sbcglobal.net>
Date: 09/29/2015 9:49 AM (GMT-06:00)
To: Barnes 2 <angelspj b@sbeglobal. net>
Subject: Fw: Proposed Trails Subdivision
To Whom it May Concern
I wish to object to the proposed Trails Subdivision and the Conditional Use Permit they have requested.
This proposed settlement and the extremely high density of these homes is not in keeping with the current environment
and conditions we enjoy in our area outside the city. I'm not sure how you guys can even consider such a proposal in an
area where the majority of homes sit on 3-5 acres of land. The majority of these proposed homes will sit on a lot smaller
than my house. Not a huge house (3500 sqft). I'm not sure I've seen houses stacked this close anywhere around here.
These guys intend to take one of the last beautiful spaces in Pulaski County and decimate it. "Zero" green space where
there is currently nothing but forest. I wasn't aware there was such a need for housing in this area that we needed to clear
cut trees and level mountain tops. This will be one ugly baby.
Once they clear and level the mountain, the runoff from the destruction will flow directly into Fletcher Creek. Not only is
this a beautiful clear water stream that runs year round, but it feeds through private property and at least one family
swimming and play area. The resulting silt fill and dirty water will destroy this beautiful stream. My family currently enjoys
watching the fish, crawfish, turtles, and yes snakes who inhabit the creek. These will be destroyed as well. All it will take is
one heavy deluge of rain and all that loose dirt will wash into the creek from both sides of the mountain. I don't care how
many obstacles and barriers are put into place, it will get through.
The additional traffic and wear and tear on Kanis Road will ruin one of the most beautiful drives I have ever
experienced. The road is already pretty congested at rush hour. Imagine adding 300-500 cars to that. Not to mention the
construction traffic over the years to build this monster.
Finally to the real issue of the Conditional Use Permit for the sewage treatment plant. A myriad of questions arise. Who
will maintain it? The city? Look around at neighboring communities like Bryant who have one that's costing millions to
clean up. What about the smell? I don't care how many promises are made by the contractor, those ponds will stink. My
house sits 1/2 mile Southwest of the site. Every morning when I get up to sit on my porch and drink coffee I'll be forced to
go indoors due to the retched odor of 266 crappers draining out into a couple of nasty ponds. Not only will they contain
human waste, but all those wonderful chemicals that people have around the house these days. Flush 5 quarts of oil right
down the drain. These ponds sit in a valley that drains directly into Fletcher Creek. What about water pollution, fish kills,
No MORE Swimming in that beautiful little park? Further down the line this will drain into Little Maumelle Creek. More
camps, private property, fish, animals, outdoor use all the way to the Arkansas River. All this will be affected. I know the
EPA will regulate this, but you can decide we don't need the problem to begin with.
The Decision the committee makes on this property will be precedent. We can live cleanly and pleasantly, or we can start
down the road to destruction. I see property values diminishing. More people fleeing Pulaski County for the pleasant
environs of Saline, Lonoke, and Perry Counties. My wife's family has been here almost 200 years. I've done everything I can
to secure this for our children. Such a move may be enough to unseat us from this historic place. I hope not.
Tell Mr. Richie to be smart; Minimum 5 acre lots that have to perk test like everyone else. No muss, no fuss, no smell, no
runoff. Green Spaces that complement this beautiful area. He may not make as much money, but we'll all sleep better.
Thank you for your time,
Patricia J. Barnes
17607 Burlingame Rd
Little Rock AR 72223
501-821-8023
James, Donna
From: Marla Livers <mlivers@gmail.com>
Sent: Tuesday, September 29, 2015 4:47 PM
To: James, Donna; Mayor
Subject: Fletcher Hollow
To whom it may concern,
We recently moved to Little Rock from Springfield Missouri. We specifically chose the Ferndale area based on the
country feel and beauty of the commute to and from town. We love the space and also the peace that comes with being
outside city limits.
We have much concern about the proposed subdivision along Fletcher Hollow. We do not support it. I'm sure you've
heard the arguments so I won't go into all the details here but please hear our displeasure. We do not want the country
being crowded with dense subdivisions.
Thank you. Marla Livers
James, Donna
From: Joyce Taylor <joycetaylor8580@gmail.com>
Sent: Tuesday, September 29, 2015 4:09 PM
To: James, Donna
Subject: Opposition to The Trials project in West Pulaski County
September 29, 2015
Ms. Donna James
Department of City Planning and Development
723 W. Markham Street
Little Rock, AR 72201
Dear Ms. James:
We live in the Ferndale area — for a reason — the beauty of the area, the country feel of the
community, expansive space between homes, owls hooting at night and even coyotes howls, but too,
so, so much more! It is not because of high density housing developments. Those need to stay in the
city. To allow a project such as The Trails would be such a disservice to the West Pulaski County
community to which it is proposed. High density developments need to stay in the city, not destroy the
character of the country communities.
Please do not allow The Trials project to continue. It is horrific to think of a sewage treatment plant that
will empty into beautiful Fletcher Creek and then the Little Maumelle. We whole heartedly object to the
provision of how the sewage treatment plant will be maintained in the near and long term. It is dreadful
to think of the storm water runoff that will result from the clearcutting and destruction of the ridge.
Fletcher Hollow and its beauty is truly a wonder of Pulaski County. To damage that green space and
iconic scenic route would be a tremendous loss to our city and state. High traffic to and from this
proposed housing development and construction of these many homes, plus their plan to take the
gorgeous, tree covered ridge down to allow this unjust project would undoubted ruin the area.
All within the West Pulaski County area are opposed to The Trails project. Please support us by bringing
a halt to this devastation.
Asking for your urgent support,
Joyce and Johnny Taylor
32,000 Kanis Road
Paron, AR 72122
501-681-8580
James, Donna
From: LeAnne Winters <LWINTERS@ARISTOTLE.NET>
Sent: Tuesday, September 29, 2015 3:53 PM
To: James, Donna
Subject: OBJECTION to Conditional Use Permit for sewage waste and treatment plant west
Pulaski Co.
Please, Please deny the upcoming petition for the conditional use permit allowing sewage to run into Fletcher
Creek and ultimately into the Little Maumelle River. I know you have seem hundreds of e-mails with the
details of why this would devastate our rural area so I won't go into every one but I drive thorough Fletcher
Hollow almost every day. My husband and I moved to the country (west Pulaski County) 11 years ago to get
away from the traffic and congestion of the city. While we don't object to reasonable building and improvement
on west Kanis we are completely against The Trails subdivision that would not be an improvement at all. It will
increase traffic in an already congested area (we've struggled with the traffic for a very long time with the
widening of Chenal at Kanis and that area) This subdivision is not in keeping with the peace and beauty of our
area. Destroying the trees and mountain to put in so many houses and the construction associated with it will
block traffic for years, including emergency vehicles which will be impeded. Also, the run off and erosion
caused by removing the top of the mountain and building so many houses in this beautiful and peaceful area
will be devastating.
We want to specifically voice our objections to.
1. Conditional Use Permit that will pave the way for the sewage treatment plant that will empty into Fletcher Creek
and subsequently into the Little Maumelle.
2. Unsatisfactory provision of how the sewage treatment plant will be maintained in the near and long term.
3. Storm water runoff that will result from the clearcutting and construction on the ridge.
4. Ttraffic and damage caused to Kanis Road and Fletcher Hollow during and after construction
Please consider the people who actually live in this area and travel through here daily! Thank you.
LeAnne and Larry Winters
1310 Brush Mt. Trail.
Paron, AR 72122 (Pulaski County)
James, Donna
From: Terry Davis <terry6793@att.net>
Sent: Wednesday, September 30, 2015 7:15 AM
To: James, Donna
Subject: Trails Development
Dear Ms. James,
I am writing to express my opposition to the proposed Trails residential development on Kanis Road in west Pulaski
County.
My family has lived in west Pulaski County for over twenty years. While there are always some disadvantages to living in
the 'country,' the advantages are too numerous to count. Deer, wild turkeys, raccoons, coyotes and the occasional bear
live peacefully in our woods. Traffic is minimal. The seasons are beautiful. The air quality is much better than in the
city. Fletcher Creek and Fletcher Hollow are our neighbors! I could go on & on.
The Trails development would destroy the habitat of our wildlife in this area. The high density of the proposed housing
is in no way'country' living. This is more characteristic of a mid town city development. The storm run off, which would
result from the clearing of all the trees on this area, would terrorize Fletcher Creek and the property around it.
The Walnut Grove Methodist Church, which is on the National Historic Register, would be in jeopardy.
Kanis Road would be destroyed as a result of the trucks and equipment brought in just to clear this property, not to
mention construction equipment.
We understand that there will be development on this property. However, the proposal that Mr. Ritchie does not show
good stewardship of the land and the surrounding area. As Christians, we are charged by our creator to be good
stewards of His creation.
Thanks for your time,
Roger & Terry Davis
18101 Burlingame Road
Little Rock, Arkansas 72223
James, Donna
From: chris mccaslin <1chrismccaslin@gmail.com>
Sent: Tuesday, September 29, 2015 10:25 PM
To: James, Donna
Subject: Objection to The Trails Development
Attachments: fletchercreek jpg; fletchercreek2 jpg; fletchercreek3 jpg; fletchercreek4.jpg;
fletchercreek5 jpg
I hereby object to the following:
1. Object to the high density of the lots and housing proposed. This high density development is not in
character for the area and is more appropriate for city development and not suburban.
2. Object to the lack of green spaces and buffers available to make the development more aesthetically
appealing.
3. Object to the Conditional Use Permit that will pave the way for the sewage treatment plant that will empty
into Fletcher Creek and subsequently into the Little Maumelle.
4. Object to the unsatisfactory provision of how the sewage treatment plant will be maintained in the near
and long term.
5. Object to the storm water runoff that will result from the clearcutting and construction on the ridge.
6. Object to the traffic and damage caused to Kanis Road and Fletcher Hollow during and after construction.
7. Object to waste water runoff entering Fletcher Creek and possibly contaminating the Central Arkansas
Water Line from Lake Wynona, running through Fletcher creek above the covered bridge.
8. Object waste water treatment and runoff from residential chemicals such as lawn fertilizers and weed
poison into Fletcher Creek. The creek will increase in phosphate, resulting in algae and weed pollution.
9. Object to historical Methodist Church, Okatoma Camp and only Pulaski County covered bridge to be
polluted by over development, suburban congestion, chemical pollutants, weeds, algae and
bacteria. Generations of families have made generational family memories at Okatoma Camp. If the swimming
area is polluted, those future generations will never experience Pulaski Counties last clean creeks.
James, Donna
From: gary white <gaw_novatron@hotmail.com>
Sent: Tuesday, September 29, 2015 8:19 PM
To: James, Donna
Cc: angelspjb@sbcglobal.net
Subject: "The Trails" a proposed subdivision
Ms. James,
Please allow me to take a few minutes of your valuable time to relate to you that,
I have significant concerns regarding the proposed subdivision called "The Trails", which include but
are not limited to,
1. the high lot density of this proposal is totally not in keeping with the tradition of the area.
2. the increased traffic in this area, is a certain negative, esp. considering the current infrastructure.
3. the destruction of the natural habitat, the "skyline", and the "feel" of the area.
4. the lack of significant natural barriers to the surrounding areas.
5. the available ingress and egress into a difficult terrain.
Lastly for now, my property borders the proposed area, and Fletcher Creek flows through
my land. I have grave concerns regarding the possible pollution and contamination issues, especially
with the variable and intense weather systems that Arkansas provides.
It is not unknown for severe terrain areas to have negative erosion impacts and
for waste water treatment area to overflow, releasing contamination and pollutants
into surrounding ground water sources.
It is not a question of IF, BUT WHEN, this will happen, if the conditional permit is approved and a
waste water treatment system in constructed it this area.
I look forward to seeing you and the board on October 8th, and hearing all opinions and observing the
process.
Sincerely,
Gary A. White
Fletcher Hollow Land Owner and
"Ancestor of Fletcher Hollow and Walnut Grove settling families".
James, Donna
From: lolly@lollyhonea.com
Sent: Tuesday, September 29, 2015 7:40 PM
To: James, Donna
Subject: Trails poject
Please consider the following objections to this project and please take the time to gather more
information so that a safe and intelligent decision can be made by this commission. I think there is much
more to learn
The high density is not appropriate to the character of the area
The high density is not appropriate to the existing Kanis Road corridor because of increased traffic which is
already very unsafe for bicycles and drivers
I object to the massive clear cutting and storm water run off.
We are very concerned about the environmental impact on Fletcher Creek and the Little Maumelle River
with the
proposed sewage treatment system
We are most concerned with the health and safety of the residents in the project because of a recent fire
in
Chenal Downs with decreased water pressure and the difficulty our West Pulaski Fire
Department
had in getting to the residence
Thank you so much
Lolly Honea 24303 Kanis Road
James, Donna
From: Kim Ramsey <kimramsey123@gmail.com>
Sent: Tuesday, September 29, 2015 7:00 PM
To: Allen Finne
Cc: Tim Finne; Momma; James, Donna
Subject: Re: Trails Development
Good job!
On Sep 29, 2015 6:54 PM, "Allen Finne" <aflenfinne mail.com> wrote:
September 29th, 2015
Department of City Planning and Development
attn. Donna James
723 W. Markham
Little Rock, AR 72201
RE: Trails Development
Dear Ms. James,
I have been monitoring the proposed Trails Development plans put forward by Mr. Wayne Richie for some time now and I wish to express
my concern and opposition to his development plan.
Some background- In the late sixties, my family purchased several parcels totaling around 40 acres just west of Walnut Grove road on the
south side of Kanis road, extending to the west some 1000'. The family has built several residences along the frontage over time. The
residences were built and have been maintained to preserve the look and feel of the area. My wife and I built a house in the early nineties
on the eastern end of this frontage. In speaking with my family, we feel that we have been good stewards of the property and have upheld
the high character and look and feel of this area of Kanis road. Among us, we represent five households located on Kanis just west of
Walnut Grove road.
Mr. Ritchie has been proposing building a high density development along the south side of Kanis in.the area known as Fletcher Hollow.
When objections were raised earlier this year by the City of Little Rock Dept. of Planning and Development, noting that the density did not
suit the typical neighborhood in the area, he asked for an extension. He has subsequently returned with his current plan to be heard
at October 8th, 2015. at 4:00pm. His plan still calls for a higher than typical density. The land is not well suited to a high density
development and will require extensive grading to build lots and road beds. Considering the extensive extensive removal of vegetation and
subsequent grading compounded by the steep topology of the area, one would anticipate large amounts of storm runoff. In areas the run off
is not captured by roadways and associated drainage, severe erosion will likely occur.
Additionally, a conditional use permit has been issued which allows Mr Richie to solicit ADEQ for a small sewage treatment plant which
will have facilities to discharge into Fletcher Creek. Considering the above mentioned issues with storm runoff, I am concerned that the
plant could be overwhelmed and discharge untreated or partially treated sewage into Fletcher Creek. I am also not clear on how the plant is
proposed to be maintained over time. It may be that the intent is to get the plant approved, built, and then at some point when the city limits
extend to the plant it becomes the city's issue.
In summary, this development does not suit the character of the area both in density and green space. Fletcher Hollow is very scenic drive
between two steep ridge lines. I have significant concerns this development will extensively disrupt the look and feel of the area,
particularly during construction and will likely encourage further development of like nature in an area where terrain is ill suited to such
dense developments and associated higher traffic flows. I am not opposed to thoughtful development of the areas. As shown by the Chenal
Downs subdivision, the area can be developed preserving the character of Fletcher Hollow. However, we are very much opposed to a
development plan such as Mr Richie's.
I also have to ask, is Mr. Richie floating plans that are so ill -suited to the area, that his plan is to repeatedly present undesirable plans, to
eventually come back at some point with a less controversial plan, counting that residents of the area will be so worn down by the process of
objecting to his continuing submittal of plans that at some point he prevails?
Respectfully,
Allen and Kim Finne
James, Donna
From: Allen Finne <allenfinne@gmail.com>
Sent: Tuesday, September 29, 2015 6:54 PM
To: James, Donna
Cc: Kim Ramsey; Tim Finne; fayefinne@yahoo.com
Subject: Trails Development
September 29th, 2015
Department of City Planning and Development
attn. Donna James
723 W. Markham
Little Rock, AR 72201
RE: Trails Development
Dear Ms, James,
I have been monitoring the proposed Trails Development plans put forward by Mr. Wayne Richie for some time now and I wish to express
my concern and opposition to his development plan.
Some background- In the late sixties, my family purchased several parcels totaling around 40 acres just west of Walnut Grove road on the
south side of Kanis road, extending to the west some 1000'. The family has built several residences along the frontage over time. The
residences were built and have been maintained to preserve the look and feel of the area. My wife and I built a house in the early nineties on
the eastern end of this frontage. In speaking with my family, we feel that we have been good stewards of the property and have upheld the
high character and look and feel of this area of Kanis road. Among us, we represent five households located on Kanis just west of Walnut
Grove road.
Mr. Ritchie has been proposing building a high density development along the south side of Kanis in.the area known as Fletcher Hollow.
When objections were raised earlier this year by the City of Little Rock Dept. of Planning and Development, noting that the density did not
suit the typical neighborhood in the area, he asked for an extension. He has subsequently returned with his current plan to be heard at October
8th, 2015. at 4:OOpm. His plan still calls for a higher than typical density. The land is not well suited to a high density development and will
require extensive grading to build lots and road beds. Considering the extensive extensive removal of vegetation and subsequent grading
compounded by the steep topology of the area, one would anticipate large amounts of storm runoff. In areas the run off is not captured by
roadways and associated drainage, severe erosion will likely occur.
Additionally, a conditional use permit has been issued which allows Mr Richie to solicit ADEQ for a small sewage treatment plant which will
have facilities to discharge into Fletcher Creek. Considering the above mentioned issues with storm runoff, I am concerned that the plant
could be overwhelmed and discharge untreated or partially treated sewage into Fletcher Creek. I am also not clear on how the plant is
proposed to be maintained over time. It may be that the intent is to get the plant approved, built, and then at some point when the city limits
extend to the plant it becomes the city's issue.
In summary, this development does not suit the character of the area both in density and green space. Fletcher Hollow is very scenic drive
between two steep ridge lines. I have significant concerns this development will extensively disrupt the look and feel of the area, particularly
during construction and will likely encourage further development of like nature in an area where terrain is ill suited to such dense
developments and associated higher traffic flows. I am not opposed to thoughtful development of the areas. As shown by the Chenal Downs
subdivision, the area can be developed preserving the character of Fletcher Hollow. However, we are very much opposed to a development
plan such as Mr Richie's.
I also have to ask, is Mr. Richie floating plans that are so ill -suited to the area, that his plan is to repeatedly present undesirable plans, to
eventually come back at some point with a less controversial plan, counting that residents of the area will be so worn down by the process of
objecting to his continuing submittal of plans that at some point he prevails?
Respectfully,
Allen and Kim Finne
23321 Kanis Rd
Little Rock, AR 72223
James, Donna
From:
Len's on SBC <len.griffin@sbcglobal.net>
Sent:
Tuesday, September 29, 2015 10:43 AM
To:
James, Donna
Cc:
Jeremy.hutchinson@senate.ar.gov; adavis@newwatersystems.com
Subject:
Trails subdivision
I write in opposition to the proposed Trails subdivision off Kanis, in West Little Rock.
Trails???? Looking at the proposed subdivision, I don't seen any trails. All I see are minimum
size lots for building.... squeezing every inch of space for profit. Doesn't seem to go with the
surrounding area.
I see no open areas..... where are the horses going to graze??? Where are the children going to
play?? Where are we going to fish and ride horses?? Doesn't seem to go with the surrounding
area.
I see no provisions for any kind of parks or land without concrete and buildings. All I see are
roads and houses. Doesn't seem to go with the surrounding area.
So many homes squeezed together they will likely have to have their own sewer treatment
facility. Doesn't seem to go with the surrounding area.
None of this seems to go with the surrounding area. What it does seem to go with is a
subdivision in the city, not in a rural area.
Is this proposed building project a joke of some kind.... is someone trying to fool us???.....I am
afraid not, but I don't see anyone laughing.....certainly not me.
Len Griffin
40 Cliffdale Dr.
Little Rock, AR 72223
1
James, Donna
From:
Len's on SBC <len.griffin@sbcglobal.net>
Sent:
Tuesday, September 29, 2015 10:29 AM
To:
James, Donna
Subject:
Trails Subdivision
I write in opposition to the proposed Trails subdivision off Kanis, in West Little Rock.
I live west of Fletcher Hollow and have good friends who live in the Heights that drive out this
section of Kanis, through Fletcher hollow, at least a couple of times in the summer and a
couple of times in the fall. They say they just love the beauty of the drive.
I have another friend that lives in Chenal and he rides his bike out this way, all the way to the
Ferndale cut off, at least once a week, he says: "Just for of the beauty of the ride".
I have still another friend who lives in River Ridge who tells me the only reason he comes to
see me is because of the beauty of the drive out Kanis.
What do you think these friends will say when I tell them with the City Planning and
Development Commission is considering approving a High Density Subdivision on this beautiful
stretch of road? A subdivision more suited to mid -town than this area. A subdivision that will
increase traffic, destroy the timber along the road, probably increase erosion down the hillside
and add to the light and noise pollution. A subdivision with no provisions for green space and
will require a conditional use permit so they can eventually put in a sewage treatment plant? I
doubt if my friends will be happy ...... I certainly am not.
Reject this proposed plan.
Len Griffin
40 Cliff dale Dr.
Little Rock, AR 72223
1
James, Donna
From: Nancy Watkins <rhw23600@sbcglobal.net>
Sent: Tuesday, September 29, 2015 10:24 AM
To: James, Donna
Subject: Fw: Trails Subdivision
On Tuesday, September 29, 2015 10:18 AM, Nancy Watkins <rhw23600@sbcglobal.net> wrote
Atten: Debora James
Our family would like to strenuously object to the
proposed Trails development. We have owned 80
acres of land located at 23600 Foxridge IUD since
1977. This pristine area will be severely damaged
by this development if allowed in the proposed
plan. Five acre lots or more, each with it's own
sewage treatment facility would have an
acceptable impact on the land and area. We know
that this area will be developed as time goes on
and we want it to be accretive to this area. A
subdivision of this density with the
proposed sewage plant will damage the value of
the entire Ferndale area and will eventually impact
the tax base that the government will be able to
1
collect on the real estate. Only common logic for
the entire area should be considered in this
matter. A rush to judgment will hurt the
government tax revenue as time goes forward and
will damage the sensitive Fletcher creek area. We
want our government to do no damage to this area
and reject this plan project. Go for the
development like Mr. Ritchie developed in
Ferncrest Estates, a nice low impact beautiful
area. Thanks for your consideration.
Robert H Watkins
z
James, Donna
From: Nancy Watkins <rhw23600@sbcglobal.net>
Sent: Tuesday, September 29, 2015 10:19 AM
To: James, Donna
Subject: Trails Subdivision
Atten: Debora James
Our family would like to strenuously object to the
proposed Trails development. We have owned 80
acres of land located at 23600 Foxridge RD since
1977. This pristine area will be severely damaged
by this development if allowed in the proposed
plan. Five acre lots or more, each with it's own
sewage treatment facility would have an
acceptable impact on the land and area. We know
that this area will be developed as time goes on
and we want it to be accretive to this area. A
subdivision of this density with the
proposed sewage plant will damage the value of
the entire Ferndale area and will eventually impact
the tax base that the government will be able to
collect on the real estate. Only common logic for
the entire area should be considered in this
matter. A rush to judgment will hurt the
government tax revenue as time goes forward and
will damage the sensitive Fletcher creek area. We
1
want our government to do no damage to this area
and reject this plan project. Go for the
development like Mr. Ritchie developed in
Ferncrest Estates, a nice low impact beautiful
area. Thanks for your consideration.
Robert H Watkins
z
James, Donna
From:
Ann Moore <mram840@aol.com>
Sent:
Tuesday, September 29, 2015 1:40 PM
To:
James, Donna
Subject:
Housing project in Fletcher Hollow and surrounding areas
My husband and I own lots in Walnut Grove Cemetary. Most of our family is buried there. We have many cousins living
in that area. Also the old family White House on Burlingame Road
Many cherished memories were made in that area.
We would surely hate to see this area ruined with all the housing and problems that will arise over sewage. , traffic,
roads etc.
Please add us to the group that is against this intrusion to this beautiful area.
Thank you
Ann White Moore and Lee Moore
Ann Moore
�LYeYii_'-i+-r- 1Jc+Ji
September 29, 2015
W. Donna James
Little Rock Department of Planning and Development
623 West Markham St.
Little Rock, AR 72201
Dear Ms. James:
We are writing in regards to the proposed Trails developrIll along
to this proposed development for a number of reasons: II 1
This section of Kanis is somewhat hilly and winding, leadi g Ito. a
could lead to more dangerous travel as traffic levels incre . s , PE
The proposed high density development is counter to the �h�racter of
The clearing of the hilltop and resulting erosion and ninof€ wi I be
nature of the surrounding property, lowering property valu € n
We encourage the Commission to deny this application. nk you
nc rely, n�
Susan andjohn Pa e
Road. We are
of potential blind f pots that
that of turning tr ffic.
and ruin the
land.
Ll
10700 North Rodney Parham Road. Suite C3 • L 144 Rock, AR 72212
James, Donna
From: Gresham Barnes <gmanbarnes@sbcglobal.net>
Sent: Tuesday, September 29, 2015 9:31 AM
To: James, Donna
Cc: angelspjb@sbc.global.net; ccwpulaskico@gmail.com
Subject: Proposed Trails Subdivision
To Whom it May Concern:
I wish to object to the proposed Trails Subdivision and the Conditional Use Permit they have requested.
This proposed settlement and the extremely high density of these homes is not in keeping with the current environment
and conditions we enjoy in our area outside the city. I'm not sure how you guys can even consider such a proposal in an
area where the majority of homes sit on 3-5 acres of land. The majority of these proposed homes will sit on a lot smaller
than my house. Not a huge house (3500 sqft). I'm not sure I've seen houses stacked this close anywhere around here.
These guys intend to take one of the last beautiful spaces in Pulaski County and decimate it. "Zero" green space where
there is currently nothing but forest. I wasn't aware there was such a need for housing in this area that we needed to clear
cut trees and level mountain tops. This will be one ugly baby.
Once they clear and level the mountain, the runoff from the destruction will flow directly into Fletcher Creek. Not only is
this a beautiful clear water stream that runs year round, but it feeds through private property and at least one family
swimming and play area. The resulting silt fill and dirty water will destroy this beautiful stream. My family currently enjoys
watching the fish, crawfish, turtles, and yes snakes who inhabit the creek. These will be destroyed as well. All it will take is
one heavy deluge of rain and all that loose dirt will wash into the creek from both sides of the mountain. I don't care how
many obstacles and barriers are put into place, it will get through.
The additional traffic and wear and tear on Kanis Road will ruin one of the most beautiful drives I have ever
experienced. The road is already pretty congested at rush hour. Imagine adding 300-500 cars to that. Not to mention the
construction traffic over the years to build this monster.
Finally to the real issue of the Conditional Use Permit for the sewage treatment plant. A myriad of questions arise. Who
will maintain it? The city? Look around at neighboring communities like Bryant who have one that's costing millions to
clean up, What about the smell? I don't care how many promises are made by the contractor, those ponds will stink. My
house sits 1/2 mile Southwest of the site. Every morning when I get up to sit on my porch and drink coffee I'll be forced to
go indoors due to the retched odor of 266 crappers draining out into a couple of nasty ponds. Not only will they contain
human waste, but all those wonderful chemicals that people have around the house these days. Flush 5 quarts of oil right
down the drain. These ponds sit in a valley that drains directly into Fletcher Creek. What about water pollution, fish kills,
No MORE Swimming in that beautiful little park? Further down the line this will drain into Little Maumelle Creek. More
camps, private property, fish, animals, outdoor use all the way to the Arkansas River. All this will be affected. I know the
EPA will regulate this, but you can decide we don't need the problem to begin with.
The Decision the committee makes on this property will be precedent. We can live cleanly and pleasantly, or we can start
down the road to destruction. I see property values diminishing. More people fleeing Pulaski County for the pleasant
environs of Saline, Lonoke, and Perry Counties. My wife's family has been here almost 200 years. I've done everything I can
to secure this for our children. Such a move may be enough to unseat us from this historic place. I hope not.
Tell Mr. Richie to be smart; Minimum 5 acre lots that have to perk test like everyone else. No muss, no fuss, no smell, no
runoff. Green Spaces that complement this beautiful area. He may not make as much money, but we'll all sleep better.
1
Thank you for your time,
Gresham Barnes Sr,
17607 Burlingame Rd
Little Rock AR 72223
501-821-8023
James, Donna
From:
John Carroll <jccarroll4@yahoo.com>
Sent:
Tuesday, September 29, 2015 6:55 AM
To:
James, Donna
Subject:
Trails subdivision
Donna,
I would like to express myself as a STRONG OPPONENT of the Trails subdivision proposal set forth
by Wayne Ritchie. To take this piece of property and make it anything less than estates is to carry the
land and the supporting systems required way beyond reasonable capacity. It is difficult enough
seeing virgin land developed, but to see it turn into an overcrowded "neighborhood" in all another.
There would be far reaching negative impact of the proposal not the least of which is contamination of
a pristine creek system that just so happens to be a part of our Maumelle Water Basin.
live in West Pulaski County and cherish the serenity that has been out there for years as do many
others. To dilute or destroy the serenity of so many simply to allow one person his/her chance to "do
a development" is a sickening and misguided thought.
Please note my opinions for the record.
MANY thanks,
John Carroll
Ferncrest homeowner
James, Donna
From:
Kay fisher <fisher.kay@sbcglobaLnet>
Sent:
Monday, September 28, 2015 6:57 PM
To:
James, Donna
Subject:
Fletcher hollow
Sent from my Pad
I am writing in opposition of the new subdivision on Kanis road. Besides the traffic issue that many homes will bring I am
very concerned about the waste treatment issue. What happens if the holding pond is full and we get a big rain? What
about the smell from the holding area ? And how do we know once the mountain has been taken down 30 feet the
runoff will not cause problems to the Walnut Grove Cementary.
I am not against progress but this is a special area and should stay special. Large race tracts work out here for a reason.
Thank you for your time
Kay Fisher
James, Donna
From: Phillip Lewis <plewisengineering@yahoo.com>
Sent: Monday, September 28, 2015 4:37 PM
To: James, Donna
Subject: Trails Comments
Donna/ Vince,
Please see the following responses to comments generated earlier and per prior
conversations:
1. A "No Access Easement" will be provided along the backs of lots 34-42 along Kanis Road
to prevent double fronting lots.
2. Front Building setback line will be changed from 20 feet to 25 feet on lots 40-46.
3. All lots adjacent to Traffic Circles will be provided with driveways via the use of
combined access easements.
4. Lots 1, 19, 20, 33, 50, 51, 116, 117, and 118 have a depth/width ratio slightly in excess
of 3:1. These lots will be subsequently adjusted to meet the 3:1 maximum depth/width
ratio.
5. The curve on Sunshine Trail immediately of Ridge Trail will be modified to a 150
minimum centerline radius.
6. Half Street Improvement Notes on Overall Plat will be revised to reflect the following:
" 1. Half Street improvements along Walnut Grove Road will be constructed prior to
the platting of Phase VI (next to last phase to be platted and developed).
2. Half Street improvements along Kanis Road will be constructed with
corresponding phases along Kanis Road (Phases I, 11, VI, and VII). All
improvements will be completed prior to platting of Phase VI (next to last Phase to be
completed)."
Thank you,
Phillip
1
James, Donna
From: Ross Honea <rosshonea@att.net>
Sent: Monday, September 28, 2015 3:41 PM
To: James, Donna
Subject: WEST PULASKI COMMITTEE
My family moved into the Ferndale area over 40 years ago, with the idea
of living out our lives in the peace and quiet of the country.
Now comes a person wanting to build a 150 acre housing/mobil home
size development.
He will destroy the beauty of FLETCHER HOLLOW by destroying the
beautiful canopy of trees on south side of the road.
He wants to put in a sewage treatment facility which will empty into
FLETCHER CREEK and ultimately into the Maumelle Creek and Arkansas
River.
Who will responsible for maintaining this sewer plant after this guy has
sold his 200+ lots and moved on?
This type of development should be designed for the city, not the beauty
of Pulaski County, where nothing is located except private homes.
If you care about the residents in West Pulaski County, you will stop this
man from destroying the area where thousands of country folks live.
If you owned a five or ten acre home in this area would you want 200+
additional small homes down the street on lots smaller than a
BASKETBALL COURT?
PLEASE DO NOT LET THIS MAN DESTROY WEST PULASKI COUNTY.
Ross Honea
H&H Employee Benefits Specialist
Phone: 501-224-5234
Toll Free: 888-224-52 3 3
Fax:501-663-1445
1
1 ff 112-9v 1 Wil
'Am
ww,qml
Employee Bencrits Specialists
This email and any files transmitted -may be considered confidential and it is intended only for use by the
recipient named above and may be legallyprivileged. If the reader is not the intended recipient, this
communication is strictly prohibited. If you have received this communication in error, please resend to the
sender and delete original message or any copy from your computers stem. Thank you.
24303 Kanis Road
L.R., AR 72223
James, Donna
From:
Ronald White <rdwhitelr@yahoo.com>
Sent:
Monday, September 28, 2015 2:58 PM
To:
James, Donna
Subject:
Trails Subdivision
Ms. James,
As a property owner in Western Pulaski County, I would like the City Planning Commission to know that I highly object to
the proposed Trails development along Kanis Road.
I object to:
The high density of the lots and housing proposed. This high density development is not in character for the area and
is more appropriate for city development and not suburban.
The lack of green
spaces and buffers that is available to make the development more aesthetically appealing is not there.
The Conditional Use Permit that will pave the way for the sewage treatment plant that will empty into Fletcher Creek
and subsequently into the Little Maumelle. Fletcher Creek flows through my property, therefore I HIGHLY Object!
The unsatisfactory provision of how the sewage treatment plant will be maintained in the near and long term. Since
this will be located within 200 yards of my property — Again, I HIGHLY object!
To storm water runoff that will result from the clearcutting and construction on the ridge.
The traffic and damage caused to Kanis Road and Fletcher Hollow during and after construction.
I would greatly appreciate your consideration in turning down this proposed development in my back yard.
Ronald White
1001 Walnut Grove Road
Little Rock, AR 72223
(501)821-2564
James, Donna
From: Daniel L. Herrington <herrington@fridayfirm.com>
Sent: Monday, September 28, 2015 2:58 PM
To: James, Donna
Subject: Objection to the Trails Subdivision
I live at 31815 Kanis Road. I write to object to the proposed Trails Subdivision on my own behalf. My objection is based
on the small lot sizes and the number of home sites proposed, even after revision. Lots in this area should be at least 5
acres. Kanis Road simply cannot support that many more additional cars every day. Traffic is already terrible in the
morning, especially at Denny and Kanis.
I am also concerned about wastewater and storm water .runoff polluting Fletcher Creek and the Little Maumelle. The
clearcutting that will be required will pose runoff problems, but perhaps more concerning are the questions surrounding
the proposed handling of sewage. We do not want treated sewage dumping into Fletcher Creek. And, we are concerned
about maintenance of the treatment plant in the future.
Please let me know if you have any questions.
James, Donna
From: Larry Smee <I.smee@icloud.com>
Sent: Monday, September 28, 2015 2:48 PM
To: James, Donna
Subject: Trails subdivision
This is not in the best interest in the development of west Little Rock. There is no infrastructure to support such a
development. Much will be destroyed for little gain. The only people to profit are the greedy people making this
proposal.
Sent from my Whone
James, Donna
From: Kim Finne <finnekimberleel@gmail.com>
Sent: Monday, September 28, 2015 2:10 PM
To: Mayor; James, Donna
Subject: The Trails Deveiopment
Well I thought I would send you another email against Wayne Richie's subdivision project the Trails. We can
see the hill from our place and the creek in our back yard is a branch off of the creek.We are just one house
from the corner of Kanis and Walnut Grove (the first house on Kanis pass Walnut Grove)
We enjoy the quiet surroundings, the green spaces and the moderate traffic that seems to increase daily. Kanis is
already a busy narrow road that I would hate to see it get busier.
I have seen the plans I really think that the size of the lots, the density of the homes would greatly impact the
neighborhood. I understand there's going to be subdivisions in the area. But keeping it in the style that's already
here - where acreage or green space between housing is the norm should be practice with any development in
the area. The amount of excavation and changing of the landscape will definitely have an impact in the area.
Noise control also will be an issue. We can already hear big events that happens at Wildwood, which is over
two ridges. So I can just imagine what it's going to be like to have 250 homes within sight on top of a hill.
Those of us who have moved out to West Pulaski county did so for a certain type of lifestyle. This project has a
very high potential to disrupt that lifestyle and may cause many of us to leave.
I just asked to please pass on our disapproval of this project, at least in the current state, to those on the
committee.
Below is an article that was posted that states this issue much better than I could.
Thanks Kim Finne
Large proposed subdivision threatens rural area:
From Walnut Grove, headed west on a narrow, twisted county road you will find yourself in a pastoral world at
the edge of the Ouachita Mountains and the Ouachita National Forest... It's a quiet and beautiful place where
not much happens.
Over the years it has gotten a bit more crowded as people discover its remote serenity and pace. Most who
move out here seek to embrace the open space and natural beauty... we fight for our creeks, rocks and trees. We
mourn when a patch of forest is harvested by the timber industry leaving a scar.
Subdivisions have no place out here... Small roads cannot hold the traffic and our creeks cannot hold the
sewage. The small mountains between here and Little Rock make it impossible to pump sewage back to town
for treatment, requiring septic systems and acreage to deal with the waste. To build this subdivision with its
high concentration of homes, the developer will have to slice the top off of a mountain to make it suitable for a
row of track homes. An automated sewage treatment plant will have to be installed to treat the waste of these
hundred or so homes.
Of course, this treatment plant will not be built above the homes in their subdivision, it will be built below it, at
the mouth of Fletcher Hollow where Fletcher Creek flows north to the Little Maumell River on its way to the
Arkansas River and Pinnacle Mountain State Park.
When floodwaters come, as they do from time to time, the storm water on such steep terrain will overcome the
capacity of the small sewage system and raw, untreated effluent will be dumped into the stream, just upstream
from an amazing, historic swimming hole... not to mention important habitat for local flora and fauna.
The developer and the folks living in the track homes on top of the hill will not be impacted by this sewage.. it
will be those whose homes have been in the hollow for several generations who will pay the price... as well as
those who have enjoyed the natural beauty of this place.
Our county community does not have a legal voice in this fight in our own neighborhood. Zoning for rural West
Pulaski County is dictated by the Directors of the Board of the City of Little Rock. They control all zoning
matters for our community even though we are outside their city. We don't get to vote for these elected officials
and the city even has the power to preventing us from forming our own incorporated communities to manage
growth in our area. Our only power is in the volume of our voice and action to let people know about the threat
to the rural beauty in West Pulaski County.
The City Board of Little Rock has to power to allow or halt this large subdivision to be built, but not to help pay
for the new roads that will be required to handle the traffic, nor will they support our volunteer fire department
or help our county schools... This isn't right —but that is where we are. The Citizens of West Pulaski Count
have formed an action committee to make sure the Board of Little Rock hear us... but they need our help to
spread the word and help amplify the message.
James, Donna
From: Johnny Taylor <jtsg44@sbcglobal.net>
Sent: Wednesday, September 30, 2015 10:08 AM
To: James, Donna
Subject: Trails Development Kanis RD
The Trails development that is proposed for West Pulaski County is so out of place for this Pristine area. What a beautiful
place
Fletcher Hollow is. This high density subdivision more in line with the city than the county would create traffic issues,
and put in jeopardy the water shed that flows into fletcher creek then into the Little Maumelle River then into Lake
Maumelle potentially polluting the city water supply. Very much opposed to putting a sewer treatment plant in this area
not in the best interest of our city or county. I understand they want to take off the top of the ridge and that their will
not be adequate buffers or green space for this beautiful part of Pulaski County. Please do NOT approve this
development it is not in the best interest of the city or county.
James, Donna
From: Jenny Rozelle <jennyrozelle@yahoo.com>
Sent: Wednesday, September 23, 2015 1:50 PM
To: James, Donna
Subject: Objection to Trails Subdivision
Dear Ms. James:
I am the owner of the Okatoma Club property on Walnut Grove Road near the intersection of Kanis Road in west Little
Rock (I own West Family Properties, which owns Okatoma). Recently I was alerted to possible plans for the Trails
Subdivision just upstream (Fletcher Creek) from my property. I strongly object to this development for a number of
reasons.
-The Conditional Use Permit would allow for a sewage treatment plant that would empty into Fletcher Creek, which runs
through my property. Members of Okatoma Club and their children and guests swim in that creek regularly. It is of utmost
importance to me that our creek water remains clean and safe, especially when I take my 4-year-old son and my 7-month-
old daughter to swim there. From what I understand, the provision of how the sewage treatment plant will be maintained in
the near and long term is unsatisfactory.
-1 also object to the storm water runoff that would result from clear -cutting and construction. Again, this directly affects the
water conditions on my property.
-This development also would result in an undesirable amount of increased traffic on and damage to Kanis Road both
during and after construction.
-In addition, this high -density development of housing is not in character for the area.
On a personal note, the Okatoma Club property has been owned by my family for three generations. Much of the reason
that my grandparents, parents and I have loved Okatoma so much is because it is a peaceful, quiet area and a relaxing
place to enjoy nature. I fear that the proposed Trails development would chip away at my little piece of Heaven "out in the
country," as my family calls it. In addition, there are many families who are members of the Okatoma Club who also
treasure it as a peaceful place to get back to nature. Please don't allow the Trails Subdivision to ruin the quiet, clean area
we have all come to love.
Thank you for your time.
Best regards,
Jennifer West Rozelle
James, Donna
From: Richard Vogan <voganinc@gmail.com>
Sent: Monday, September 14, 2015 11:54 AM
To: James, Donna
Cc: ccWPulaskiCo@gmail.com
Subject: Proposed The Trails residential development
I was totally alarmed seeing what the developer has proposed for The Trails residential development project in
the Ferndale area. As a retired landscape architect who has been highly involved with the development of
Woodland Edge over the past 10 years or so, I am well versed in what can be done to conserve, preserve and
protect the natural environment within a residential development.
I now reside in Ferndale and the Little Maumelle river runs in my back yard. Fletcher Creek runs into the Little
Maumelle less than a quarter mile from my place. I therefore object to every aspect of this project, as
proposed, from sewage treatment plant to storm water runoff and everything in between.
I foresee that the Ferndale area will be incorporated into Little Rock in the near future. I know your hands are
tied over certain aspects of this proposal, but please do what you can to prevent the total destruction of one of
the few remaining aesthetically pleasing and undeveloped areas in Pulaski County. Insist that this
developer gives respect to the natural resources and character of the site. It seems he is relying on a totally
engineered project and bent on the total destruction of the site so as to have maximum return on his
investment. The initial and future consequences of this development as proposed will have significant negative
environmental impacts on the Ferndale and Little rock communities.
Is there any hope in the designation of Kanis as a protected corridor?
Richard Vogan
James, Donna
From: Chris & Andee Pitcock <chrisandee@yahoo.com>
Sent: Monday, September 14, 2015 8:19 PM
To: James, Donna
Subject: Proposed West Pulaski Developement
Mrs James,
I hope to enlist any help that you can offer
There is a proposal before the Little Rock Planning Commission by developer Wayne Richie to build a subdivision, The
Trails, on the South side of Kanis road between Chenal Downs subdivision and Walnut Grove Rd. You are surely
aware .I hope that we can halt or drastically alter the developer's plan.
The current proposal creates many issues, foremost in my mind, the proposed method to manage the sewage. In this
mostly natural part of your district, coveted for its wildlife and native flora, we do not have sewage treatment. The
proposal includes a request for a conditional use permit for a 'combined gravity collection sewer' for the whole 266
residences. That is a lot of waste for 314 acres to maintain. Every gutter, toilet, shower, and sink in every residence in
this subdivision will flow to a collection area that will ultimately drain into the soil and water below - including adjoining
properties and streams. It will likely have detrimental effects on the land and water immediately below it. Said water
includes Fletcher Creek which empties into the Little Maumelle River and its downstream sisters.
There is another matter the increased traffic through a beautiful area that is listed on the Pulaski County Planning
Commission website as a Protected Highway. This two miles of road is an aesthetic beauty, a wandering, tree canopied,
two lane stretch that is hardly matched in the county. The combination of the chopped off south ridge and erosion that
that will cause, along with hundreds of new commuters will absolutely demolish this icon. I foresee additional lanes and
potentially traffic lights, to manage this congestion.
Mrs James, this is urgent. Please help me an my neighbors protect the environment and our health and safety.
Thank you,
Andreae Pitcock
chrisandee@yahoo.com
501.993.3290
James, Donna
From:
Judith Berry <Judith.Berry@colliers.com>
Sent:
Monday, September 21, 2015 10:16 AM
To:
James, Donna
Cc:
John Berry
Subject:
Proposed Trails Subdivision on Kanis Road (West Pulaski County)
Ms. James:
Your name has been provided to us by our POA along with the recently formed Citizens of West Pulaski
County. My husband and I are residents of Chenal Downs and have been informed of the above -
referenced. We would like to officially object and go on record to the following as it pertains to this proposed
subdivision:
We strongly object to the high density of the lots and proposed housing. This high density
development does not fit in with the long standing developments currently in the vicinity.
We strongly object to the substantial lack of green spaces and buffers to make this proposed
subdivision more aesthetically appealing.
3. We strongly object to the Conditional Use Permit that will pave the way for the sewage treatment
plant to empty into Fletcher Creek and subsequently into the Little Maumelle.
4. We strongly object to the unsatisfactory provision of the maintenance of the sewage treatment plant
for the short and long term.
5. We strongly object to the storm water runoff that will quickly result from the clearcutting and
construction on the ridge.
6. We strongly object to the likely probability that this development will negatively impact the property
values of each and every resident of Chenal Downs and surrounding areas.
7. Lastly we strongly object to the additional traffic and damage to Kanis Road and Fletcher Hollow during
and well after the construction has been completed.
Thank you,
Judith & John Berry
Lot 41
Chenal Downs
n Member firm, U.S. Green Building Council -The U.S. Green Building Council is a 501(c)(3)
non-profit community of leaders working to make green buildings available to everyone within a generation.
Notice: This communication and any attached documents contain confidential information, which is intended
only for the use of the person(s) named above, and which also may be legally privileged. If you are not the
intended recipient of this transmission, you are hereby notified that any dissemination, copying, or use of the
information contained herein is prohibited. If you have received this transmission in error, please notify the
sender immediately by reply e-mail, and immediately delete this message.
James, Donna
From: George Erion <gerion@conwaycorp.net>
Sent: Friday, September 18, 2015 7:43 PM
To: James, Donna
Subject: Trails Development
Dear Ms. James:
I am writing to express my opposition to the proposed Trails Development which has been planned for the
area of west Pulaski County near Walnut Grove Road.
I belong to a club called "Okatoma," which is downstream (on Fletcher Creek) from the proposed
development. This is a social, swimming, and weekend getaway place which has existed in its present
chain of organization and ownership for over 65 years, and for many years before that under other
ownership. Okatoma's main attractions have always been its peace, beauty, and the existence of a
swimming area on Fletcher Creek. Several families have small cabins on the property. There have been
many generations of kids who have learned to swim at Okatoma, and most still hold a great deal of
affection for the place. Right now, we have 26 families who are members, several of whom are new
members repairing and reusing some of the older cabins. I fear that the construction and even the
existence of the upstream development will severely compromise the quality of the water of Fletcher
Creek, both from muddy runoff from the dirtwork, and from inflow from the sewage treatment plant.
The main purpose of Okatoma is to provide a secure, safe, moral, and enjoyable place for families to
spend time, and, as I said, the primary attraction is the swimming area. Our kids swim in it regularly, the
adults swim in it regularly, we fish in it, wade in it, hunt crawdads in it, and look at it. Please don't allow
this development upstream to ruin the beloved place we have enjoyed for so many years.
I am 73 years old, learned to swim at Okatoma when I was five, so did my kids and their kids.
Thank you, George Erion
9/18/15
George Er i.on
James, Donna
From: bmgbailey@aol.com
Sent: Sunday, September 20, 2015 3:52 PM
To: James, Donna
Subject: Opposition to destruction on Kanis Rd.
I strongly appose the 266 lot Development West of Chenal Downs. This development on 154 Acres will erode the beauty
and value of our scenic area. To consider tearing down all the scenic beauty on Kanis Rd just past Chenal Downs would
be a terrible mistake and a serious devaluation in many surrounding communities such as Chenal Downs and others. The
traffic and congestion will destroy this areas historic beauty and kill off our wild life preservation. There are many other
places one might consider but not here. The scenic drive out West Little Rock on Kanis road must be preserved it is a
reflection of our Natural State. Please vote against this project and preserve out native beauty.
Sincerely,
Michael and Amy Bailey and Family.
Michael M Bailey
BMG Group
501-951-8002
Sent from my iPhone
James, Donna
From: Mary <baskinmc@yahoo.com>
Sent: Thursday, September 17, 2015 1:48 PM
To: James, Donna
Subject: The Trails development
To Whom it May Concern:
I would like to voice my sincere and heartfelt objections to the proposed Trails development
in Fletcher Hollow.
I am a long time resident of Ferndale. I came here to enjoy the more rural way of life. I
recognize that development is inevitable, but the type of development should be reasonable
to fit in with what is here.
This proposed development is way too dense for this area. The tiny lots, the huge increase
in traffic, a lack of green space are not conducive to our way of life.
The sewage treatment plant poses a threat to the quality of our water. I live on and swim in
the Little Maumelle River behind my home. The idea of the spillover from the sewage plant
flowing into this creek sickens me before it even happens! The storm water runoff resulting
from the clearcutting and earth movement on the ridge poses even more of the threat.
Development using large lots is acceptable out here, but this is not.
Please deny the conditional usage permit for the treatment plant, and insist upon a better
plan.
Thank you.
Mary Baskin
2 Live Oaks Ct.
Little Rock, AR 72223
1
James, Donna
From: Nancy Watkins <rhw23600@sbcglobal.net>
Sent: Thursday, September 17, 2015 1:11 PM
To: James, Donna
Subject: West Pulaski Trails subdivision
Atten: Donna James
We want to communicate to your board our
complete opposition to the planned Trails
subdivision off Kanis RD. This proposed
subdivision is completely opposite from our current
zoning for this area.
We have lived at 23600 Foxridge Road for more
than 35 years and the reason why we spent a
premium sum of money on this acreage was
because of the pristine nature of this area. We
specifically chose Ferndale because of the
minimum 5-acre, single family zoning
ordinance. We are vehemently oppose this
variance to the zoning law that all existing home
owners have obeyed.
The potential damage to the Fletcher creek
area can not be underestimated. Any septic
drainage will cause permanent damage to this