HomeMy WebLinkAboutS-0285-Z(4) ApplicationL®1- L8 12, ( 8q" 1-fio
Tamara Guffey
From: Vincent Hotho <Steven.Hotho@lrwu.com>
Sent: Friday, May 19, 2017 3:49 PM
To: Tamara Guffey
Cc: Carney, Dana; djames@littlerock.gov
Subject: RE: Final Plat Approval -Lots 187R, 189, 190 The Ranch
If the "easement exchange" is a recorded sewer easement, then that would require LRWRC approval for
11-7
,,,,the exchange. If not, then LRW has no other objection.
S. Vincent Hotho, P.E.
Program Supervisor
Little Rock Wastewater Utility
Ofc: 501.688.1452
M bl: 501.609.6332
-----Original Message -----
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Friday, May 19, 2017 2:19 PM
To: Vincent Hotho <Steven.Hotho @Irwu.com>
Subject: FW: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Vince
We need comments on this one too please.
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
-----Original Message -----
From: Tamara Guffey
Sent: Monday, May 15, 2017 11:58 AM
To: Vincent Hotho Steven.Hotho@Irwu.com <Steven.Hotho @Irwu.com>
Subject: FW: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Good morning Vince,
Please see below.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
1
Tamara Guffey
From: THOMPSON, THEODIS <TTHOMP1@entergy.com>
Sent: Monday, May 15, 2017 8:02 AM
To: Tamara Guffey
Subject: RE: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Tamara,
The above referenced plat is approved as submitted.
Thanks,
Theodis Thompson
Entergy Arkansas, Inc
-----Original Message -----
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Wednesday, May 10, 2017 1:56 PM
To: THOMPSON, THEODIS; Bates, Joni B.; 'MANION, JOSEPH E jm4138@att.com'; Jonathan Long; Jason
Lowder (Jason.Lowder@carkw.com); Vincent Hotho Steven.Hotho@Irwu.com
Cc: Timothy Daters; Daniel Havner
Subject: RE: Final Plat Approval -Lots 187R, 189, 190 The Ranch
EXTERNAL SENDER. DO NOT click links, or open attachments, if sender is unknown, or the message
seems suspicious in any way. DO NOT provide your user ID or password.
Attached for your approval is a replat copy of Lots 187R, 189 & 190 The Ranch, an addition to the City of
Little Rock. The owner of this property would like to file this plat by May 17th.
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
Any questions may be directed to Dan Havner at dhavner@whitedaters.com or 821-1667.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
Tamara Guffey
From: Fuentes, Kenneth W <kenneth.fuentes@centerpointenergy.com>
Sent: Thursday, May 11, 2017 10:20 AM
To: Tamara Guffey
Cc: Bates, Joni B.
Subject: RE: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Attachments: CypressReplat Model (1).pdf
Tamara,
The replat of Lots 187R, 189 & 190 The Ranch, is approved.
Thanks,
Kenneth W. Fuentes
Engineer II
Southern Gas Operations I Arkansas/Oklahoma Region
401 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201
Office:501-377-4606 1 Fax:501-377-4733
kenneth.fuentes@centerpointenergy.com
-----Original Message -----
From: Bates, Joni B.
Mobile: 501-516-9585
Sent: Wednesday, May 10, 2017 3:46 PM
To: Fuentes, Kenneth W
Subject: FW: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Please review
-----Original Message -----
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Wednesday, May 10, 2017 1:56 PM
To: THOMPSON, THEODIS; Bates, Joni B.;'MANION, JOSEPH E jm4138@att.com'; Jonathan Long; Jason
Lowder (Jason.Lowder@carkw.com); Vincent Hotho Steven.Hotho@lrwu.com
Cc: Timothy Daters; Daniel Havner
Subject: RE: Final Plat Approval -Lots 187R, 189, 190 The Ranch
EXTERNAL EMAIL
Attached for your approval is a replat copy of Lots 187R, 189 & 190 The Ranch, an addition to the City of
Little Rock. The owner of this property would like to file this plat by May 17th.
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
Any questions may be directed to Dan Havner at dhavner@whitedaters.com or 821-1667.
Tamara Guffey
From: MANION, JOSEPH E <jm4138@att.com>
Sent: Thursday, May 11, 2017 6:06 PM
To: Tamara Guffey
Subject: FW: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Attachments: CypressReplat Model (1).pdf
AT&T approves.
Thank You,
Joseph Manion
AT&T
Mgr. Engineering/Design
501-373-8892
-----Original Message -----
From: Tamara Guffey [mailto:tguffey@whitedaters.com)
Sent: Wednesday, May 10, 2017 1:56 PM
To: THOMPSON, THEODIS <TTHOMPI@entergy.com>; Bates, Joni B.
<joni.bates@centerpointenergy.com>; MANION, JOSEPH E <jm4138@att.com>; Jonathan Long
<Jonathan.Long@carkw.com>; Jason Lowder (Jason. Lowder@carkw.com) <Jason.Lowder@carkw.com>;
Vincent Hotho Steven.Hotho@Irwu.com <Steven. Hotho@ Irwu.com>
Cc: Timothy Daters <tdaters@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>
Subject: RE: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Attached for your approval is a replat copy of Lots 187R, 189 & 190 The Ranch, an addition to the City of
Little Rock. The owner of this property would like to file this plat by May 17th.
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
Any questions may be directed to Dan Havner at dhavner@whitedaters.com or 821-1667.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
Tamara Guffey
From: Jason Lowder <Jason.Lowder@carkw.com>
Sent: Thursday, May 11, 2017 10:40 AM
To: Tamara Guffey
Subject: RE: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Central Arkansas Water approves with no comment.
Jason Lowder, Engineering Technician
jason.lowder@carkw.com
501-377-1245
-----Original Message -----
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Wednesday, May 10, 2017 1:56 PM
To: THOMPSON, THEODIS; Bates, Joni B.; 'MANION, JOSEPH E jm4138@att.com'; Jonathan Long; Jason
Lowder; Vincent Hotho Steven.Hotho@Irwu.com
Cc: Timothy Daters; Daniel Havner
Subject: RE: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Attached for your approval is a replat copy of Lots 187R, 189 & 190 The Ranch, an addition to the City of
Little Rock. The owner of this property would like to file this plat by May 17th.
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
Any questions may be directed to Dan Havner at dhavner@whitedaters.com or 821-1667.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc_
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
James, Donna
From: Vincent Hotho <Steven.Hotho@lrwu.com>
Sent: Friday, May 19, 2017 3:49 PM
To: Tamara Guffey
Cc: Carney, Dana; James, Donna
Subject: RE: Final Plat Approval -Lots 187R, 189, 190 The Ranch
If the "easement exchange" is a recorded sewer easement, then that would require LRWRC approval for the exchange.
If not, then LRW has no other objection.
S. Vincent Hotho, P.E.
Program Supervisor
Little Rock Wastewater Utility
Ofc: 501.688.1452
M bl: 501.609.6332
-----Original Message -----
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Friday, May 19, 2017 2:19 PM
To: Vincent Hotho <Steven.Hotho@Irwu.com>
Subject: FW: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Vince
We need comments on this one too please.
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
-----Original Message -----
From: Tamara Guffey
Sent: Monday, May 15, 2017 11:58 AM
To: Vincent Hotho Steven.Hotho@Irwu.com <Steven.Hotho @Irwu.com>
Subject: FW: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Good morning Vince,
Please see below.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
1
P: (501) 821-1667
F: (501) 821-1668
Attached for your approval is a replat copy of Lots 187R, 189 & 190 The Ranch, an addition to the City of Little Rock. The
owner of this property would like to file this plat by May 17th.
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and
sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be
directed to Dan Havner at dhavner@whitedaters.com or 821-1667.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
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James, Donna
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Wednesday, May 10, 2017 2:47 PM
To: James, Donna; Floriani, Vince
Subject: FW: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Attachments: CypressReplat Model (1).pdf
Tamara Guffey
Office Manager
White-Daters & Associates, Inc,
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
-----Original Message -----
From: Tamara Guffey
Sent: Wednesday, May 10, 2017 1:56 PM
To: 'THOMPSON, THEODIS' <TTHOMPI@entergy.com>; 'Bates, Joni B.' <joni.bates@centerpointenergy.com>; 'MANION,
JOSEPH E jm4138@att.com' <jm4138@att.com>;'Jonathan Long' <Jonathan.Long@carkw.com>; Jason Lowder
(Jason.Lowder@carkw.com) <Jason.Lowder@carkw.com>; Vincent Hotho Steven.Hotho@lrwu.com
<Steven.Hotho @ Irwu.com>
Cc: Timothy Daters <tdaters@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>
Subject: RE: Final Plat Approval -Lots 187R, 189, 190 The Ranch
Attached for your approval is a replat copy of Lots 187R, 189 & 190 The Ranch, an addition to the City of Little Rock. The
owner of this property would like to file this plat by May 17th.
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and
sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be
directed to Dan Havner at dhavner@whitedaters.com or 821-1667.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
This instrument prepared by:
Randal B. Frazier
Kutak Rock LLP
124 W. Capitol Ave., Suite 2000
Little Rock, Arkansas 72201
(501) 975-3000
Lots 187R, 189 & 190
Cypress Point
E Cl/? ',,
Little Rock, AR
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Il�llllll�lllllullllllllllllll IIIII�II 2017042470
l,�,r��� ,,�,��`'�'�
PRESENTED: 07-05-2017 04:05:49 PM RECORDED: 07-05-2017 04:16:20 PM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FEE $90.00
DECLARATION OF
RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
_04 JA /V%
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, PINNACLE RIDGE DEVELOPMENT COMPANY, an Arkansas
corporation, hereinafter referred to as the "Allottor," is the owner of the following described land
in the City of Little Rock, County of Pulaski, State of Arkansas, to -wit:
LOTS 187, 224, 225 AND 226, CYPRESS POINT, AN ADDITION TO THE CITY OF
LITTLE ROCK, PULASKI COUNTY, ARKANSAS, AS SHOWN ON PLAT
RECORDED AS PLAT F-254, RECORDS OF THE CIRCUIT CLERK & RECORDER
OF PULASKI COUNTY, ARKANSAS,
A PART OF THE NWl/4, SECTION 13, T-2-N, R-14-W, PULASKI COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE
SOUTHWEST CORNER OF LOT 187, CYPRESS POINT, AN ADDITION TO THE
CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; THENCE N50°51'36"E,
ALONG THE SOUTH LINE OF LOTS 187, 224, 225 AND 226, CYPRESS POINT, A
DISTANCE OF 440.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 224;
THENCE S14049'46"E, A DISTANCE OF 106.54 FEET; THENCE S45°55'30"W, A
DISTANCE OF 110.37 FEET; THENCE S50°34'49"W, A DISTANCE OF 116.13 FEET;
THENCE S48050'39"W, A DISTANCE OF 139.53 FEET; THENCE N62°21'24"W, A
DISTANCE OF 95.15 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF OVERBROOK DRIVE; THENCE ALONG SAID EASTERLY RIGHT-OF-
WAY LINE FOLLOWING A 338.09 FOOT RADIUS CURVE TO THE LEFT, HAVING
A CHORD BEARING AND DISTANCE OF N25027'48"W, 25.34 FEET TO THE POINT
OF BEGINNING, CONTAINING 2.377 ACRES MORE OR LESS.
4826-5581-6266.2
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
lots.
AND WHEREAS, it is desirable that all of the above described property be platted into
NOW THEREFORE,
WITNESSETH:
That the said Allottor, for and in consideration of the benefits to accrue to it and its
successors and assigns, which benefits it acknowledges to be of value, have caused said tract of
land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made
thereof by Daniel W. Havner, a Professional Land Surveyor, License Number 1542, and Timothy
E. Daters, a Professional Engineer, License Number 5033, said plat bearing the signature of the
said Surveyor and Engineer and being of record in the office of the Circuit Clerk and Ex-Officio
Recorder of Pulaski County, Arkansas, in Plat tZO VIOy24-71 and the Allottor does hereby
make this Declaration of Restrictive Covenants and Bill of Assurance.
IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off,
platted and subdivided, and does hereby lay off, plat and subdivide the lands herein described, in
accordance with the aforesaid plat. The lands embraced in said plat shall be forever known as:
Lots 187R, 189 and 190, Cypress Point, an Addition to the City of Little Rock,
Pulaski County, Arkansas;
and any and every deed of conveyance of any said lot describing the same by the lot and block
number shown on said Plat shall always be deemed a sufficient description thereof. Moreover
wherever the terms "Lot or Lots" are used herein the same shall mean the Lots platted hereby
unless another meaning is expressly stated. Likewise wherever the term "Addition" is used herein
the same means Cypress Point, an Addition to the City of Little Rock, Pulaski County, Arkansas.
The dimensions designated and set out on said Plat are subject to variations on the ground and all
persons, natural or artificial, who become owners of the Lots platted hereby by number or numbers
shall be and are hereby deemed to take title to said Lot or Lots according to the monuments and
pins located on the ground of said Lot or Lots and shall take the same subject to the variations and
dimensions thereof.
The Allottor hereby dedicates to the public forever an easement of way on and over the
street rights -of -way as shown by said Plat, to be used as public streets.
In addition to said street rights -of -way any strips of ground shown and dimensioned on
said Plat marked "Utility Easement" and "Drainage Easement", are hereby donated by Allottor and
reserved for the use of and by public utilities, and for drainage purposes, respectively, subject at
all times to the proper authorities and to the easements and restrictive covenants herein reserved.
-2-
4826-5581-6266.2
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
All persons, natural and artificial, who become owners of the Lots platted hereby, shall
take their titles subject to the rights of public utilities and the public in the street rights -of -way and
the utility and drainage easements as may be shown on the Plat.
The filing of this Declaration of Restrictive Covenants and Bill of Assurance and Plat for
record in the office of the Circuit Clerk and Ex-OfJ1cio Recorder of Pulaski County shall be a valid
and complete delivery and dedication of the street rights -of -way and any Utility and Drainage
Easements shown on the said plat. The streets shown on said Plat shall henceforth be known by
the names designated on said Plat and same shall be of the length and width shown thereon;
provided, however, the Allottor does hereby reserve unto the Allottor the right to any surplus dirt
in said streets for Allottor's own use and benefit.
The Lots in said Addition shall be sold or conveyed by the Allottor and shall be purchased,
acquired, owned, possessed, held and occupied subject to the covenants, restrictions and provisions
set forth above and as follows, each of which and all of which shall be covenants running with the
said lands above described, and shall be binding upon all owners and their respective heirs,
successors and assigns, in order to maintain the lands above described as desirable, uniform and
suitable as residential property, to -wit:
ARTICLE I
LAND USE, BUILDING TYPE AND HEIGHT
The Lots herein platted shall be held, owned and used only for residential purposes except
as otherwise shown on the plat. No buildings shall be erected, placed, altered, reerected or
permitted to remain on or upon any Lot platted hereby other than one (1) single family residence
(the "dwelling") which shall not exceed two and one-half stories in height when seen from the
front or principal street facades, a private fully enclosed garage for the storage of motor vehicles
owned or used by the residents (storage of commercial motor vehicles being expressly prohibited),
such garage to be of such sufficient size to adequately accommodate no less than two (2) nor more
than four (4) motor vehicles no portion of which may thereafter be converted into living space or
for any other purpose without the prior written approval of the Allottor, and such other outbuildings
only as are incidental and related to the residential use of the Lot.
ARTICLE II
ARCHITECTURAL CONTROL
(a) Purpose. The Allottor is desirous of providing and maintaining harmony
of external design and location in relation to the surrounding structures and topography and, for
this purpose, subjects the Lots herein platted to the powers and authority of the Architectural
Control Committee for the entire Ranch Addition which has the duties, obligations and
responsibilities and is governed as set forth in Bills of Assurances of other subdivisions of The
Ranch.
-3-
4826-5581-6266.2
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
(b) Requirements Before Construction. No dwelling, building, structure or other
improvements shall be erected, placed, altered, reerected or permitted to remain on or upon any
Lot platted hereby until the building plans, specifications, exterior color schemes, general plan of
landscaping and plot plan showing the location and facing of such dwelling, building, structure or
other improvement with respect to existing topography, adjoining streets, and finished ground
elevations have been approved in writing by the Committee. Prior to commencement of any
proposed construction of a dwelling, building, structure or other improvement upon any Lot or
part of any Lot located within the Addition, the Owner of the Lot shall submit to the Committee,
the following documentation with respect to any proposed construction:
(i) Plot Plan
(ii) Floor Plan of the proposed dwelling, building, structure or other
improvement
(iii) Front, rear, right and left elevations of the proposed dwelling, building,
structure or other improvement
(iv) General Plan of Landscaping
(v) Specifications reflecting the choice of exterior building materials and color
scheme of the proposed dwelling, building, structure or other improvement
(vi) Such other documentation as the Architectural Control Committee may
request. For purposes hereof, the term "proposed construction" shall include, but
shall not be limited to, new construction of a dwelling, building, structure or other
improvement, remodeling, adding to or modifying an existing dwelling, building,
structure or other improvement, installation of a fence or wall, construction or
remodeling of outbuildings or other accessory structures, construction or
installation of storm cellars, swimming pools and coverings therefor, tennis courts,
installation of an antenna whether on a structure or on a Lot, construction of ponds
or lakes, installation of any sign, and construction of driveways. The Committee
shall use its best judgment to see that all improvements, construction, landscaping,
and alterations on lands within the Addition conform to and harmonize with
existing surroundings and structures, and are otherwise in conformity with the
intent of this Declaration of Restrictive Covenants and Bill of Assurance. All
documentation delivered to the Architectural Control Committee shall become the
property of the Committee and shall be retained as a permanent record. The
Committee shall have 30 days from and after receipt of all of the required
documentation, which receipt shall be in writing acknowledged by a member of the
Committee, to approve or disapprove by majority vote, any aspect of the proposed
construction. Any disapproval shall be in writing and shall specify in detail the basis
-4-
4826-5581-6266.2
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
for such disapproval and, as appropriate, modifications which, if made, will render
the proposed construction acceptable.. In the event that the Committee neither
approves nor disapproves the proposed construction within 15 days of receipt of
the hereinbefore described documentation, the proposed construction shall be
deemed to be acceptable and this provision of this Declaration shall be deemed fully
complied with and the construction may be commenced. Notwithstanding anything
to the contrary herein contained, no construction of any type or variety shall be
commenced on any Lot prior to submission of all of the required documentation as
hereinbefore set forth and receipt of either written approval of the Committee or 15
days from the date of receipt of all of said documents by the Committee shall have
elapsed without any Committee action. Construction of any proposed construction
approved by the Committee or deemed approved by the Committee shall be
commenced within ninety (90) days of such approval and shall be prosecuted
diligently to completion no later than twelve (12) months after commencement.
(c) Design Standards. As is hereinbefore stated, it is the intention of the Allottor that
the Addition be developed and maintained in a consistent and harmonious manner. In furtherance
of and in keeping with the purposes hereof, the Committee shall promulgate, from time to time,
DESIGN STANDARDS, which shall be utilized in reviewing proposed construction and which
shall include guidelines with respect to size, area, style, height of building, color, types of building
material, landscaping, and other similar and related matters and standards. The Design Standards
as may be promulgated and amended from time to time shall be available for inspection in the
offices of the Association. No dwelling, building, structure or other improvement shall be erected,
placed, altered, reerected or permitted to remain on or upon any Lot platted hereby except if same
is constructed in conformity with the provisions hereof.
ARTICLE III
MINIMUM PRINCIPAL BUILDING SIZE
No dwelling shall be constructed, erected, placed, altered, reerected or permitted to remain
on or upon any Lot platted hereby unless the finished heated and cooled living area thereof,
exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas
and outbuildings, shall equal or exceed 2400 square feet for a one story building, or, 2800 square
feet for a split level or a multi -level building. Finished heated living area shall be measured in a
horizontal plane to the face of the outside wall on each level.
ARTICLE IV
BUILDING LOCATION
No dwelling or building shall be located, constructed, erected, placed, altered, reerected or
permitted to remain on or upon any Lot platted hereby nearer to the front lot line, rear lot line or
nearer to the side street line than the minimum building setback lines shown on the Plat. No
dwelling or building shall be located, constructed, erected, placed, altered, reerected or permitted
-5-
4826-5581-6266.2
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
to remain on or upon any Lot platted hereby nearer to the rear lot line than twenty-five (25) feet
unless a lesser rear lot line is approved by the appropriate agency, board or commission of the City
of Little Rock and same is consented to by the Allottor. No dwelling or building shall be located,
constructed, erected, placed, altered, reerected or permitted to remain on or upon any Lot platted
hereby nearer than a distance equal to ten percent of the width of the Lot at the front building line,
or eight (8) feet, whichever is greater, to an interior Lot line. For the purposes of this paragraph,
eaves, steps, balconies, and open porches shall be considered as a part of the dwelling or building,
but open terraces or patios without roofs shall not be so considered.
ARTICLE V
LOT AREA AND WIDTH
No Lot platted hereby shall be subdivided or resubdivided or replatted without the written
consent of the Allottor, which consent may be unreasonably withheld. In any event no dwelling or
building shall be erected, constructed or placed on any building site or Lot having a width of less
than seventy (70) feet at the minimum building set back line, nor shall any dwelling or building be
erected, constructed or placed on any Lot having an area of less than ten thousand (10,000) square
feet.
ARTICLE VI
EASEMENTS
Easements of way for streets as shown on the plat filed herewith have herein been donated
and dedicated to the public, and the persons, firms or corporations engaged in supplying public
utility services, the same being, without limiting the generality of the foregoing, electric power,
gas, telephone, cable, water and sewer, shall have the right to use and occupy said easements of
way and streets for the installation, maintenance, repair and replacement of such utility services.
Easements for the installation, maintenance, repair and replacement of utility services, sewer and
drainage have herein been reserved, said easements being of various widths, reference being
hereby made to the plat filed herewith for a more specific description of width and location thereof.
As various utility facilities are underground, any alterations or lowering of the surface grade of the
ground in any easement and the area immediately adjoining such easements is prohibited, if such
alteration or lowering would result in there being less than 30 inches of clearance either vertically
or horizontally between the surface grade and the underground electric cables and conductors
supplying telephone and electric power service; and, as the electric distribution transformer
stations and service pedestals are located on surface grade, fills within the area of the said
easements and upon the lands adjacent thereto which will damage or which will interfere with the
installation, maintenance, operation and replacement of the electric and telephone cables, facilities
and equipment, and the supplying of service from such equipment are also prohibited. No
incinerators, structures, buildings or similar improvements shall be built or maintained within the
area of such utility easements. No excavations within the area of such easements for the erection
of any fences (wood, wire, stone, or brick) or for any other purposes shall be made which would
interfere with the installation, maintenance, repair and replacement of any utility service. In the
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DECLARATION OF RESTRICTIVE
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event any such trees, incinerators, structures, buildings, fences, pavement or similar improvements
shall be grown, built or maintained within the area of such easement, no utility will be liable for
the destruction of same in the installation, maintenance, repair, or replacement of any utility service
located within the area of such easement.
ARTICLE VII
UTILITIES
The owner of any Lot platted hereby shall install and maintain in conformity with
applicable code requirements and other regulations, underground utility services, including
electrical, natural gas, water, cable and telephone service between the point of delivery of such
utility service as located by the utility company and the point of use of such owner. The owner of
any Lot platted hereby shall dig and backfill in conformity with applicable code requirements and
other regulations a ditch for utility services. No individual water supply system or individual
sewerage disposal system shall be permitted to be constructed or operated on any of the Lots
platted hereby. No television dish, antennae or similar equipment shall be installed on any of the
Lots platted hereby without the prior written consent of the Allottor.
ARTICLE VIII
NUISANCES
No noxious or offensive activity or commercial business activity shall be carried on upon
any Lot, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the owners of Lots. No trucks, commercial vehicles or inoperative vehicles may be
stored or parked on a Lot platted hereby other than for making routine deliveries. Owner further
agrees to keep unimproved Lots free from trash, debris, and overgrown vegetation. If such does
accumulate and owner does not promptly remove such upon notification by Allottor, the Allottor
shall have the right to perform such cleanup work as is necessary and owner shall reimburse
Allottor for the cost thereof.
ARTICLE IX
TEMPORARY STRUCTURES
No mobile home, trailer, tent, shack, garage, barn, or outbuilding erected on a Lot covered
by these covenants shall at any time be used for human habitation.
ARTICLE X
SIGNS
No sign of any kind shall be displayed to the public view on any Lot, except one sign of
not more than five square feet advertising the property for sale or rent, or signs used by a builder
or developer to advertise the property during the construction and sales period and in no event
shall any such signage be affixed, permanently or temporarily, to any trees.
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ARTICLE XI
LIVESTOCK AND POULTRY
No animals, livestock, or poultry of any kind shall be raised or kept on any Lot, except that
dogs, cats or other household pets may be kept, provided that they are not kept or maintained for
any commercial purpose.
ARTICLE XII
VISUAL OBSTRUCTIONS
No fence, wall, hedge, or shrub planting or other obstacle which obstructs sight lines at
elevations of more than 2 feet 6 inches above the roadways shall be placed or permitted to remain
on any corner Lot within the triangular area formed by the street lines and a line connecting them
at a point 25 feet from the intersection of the street lines; or in the case of a rounded property
corner, within the triangle formed by tangents to the curve at its beginning and end, and a line
connecting them at points 25 feet from their intersection. No trees shall be permitted to remain
within such distances of such intersections unless the foliage line is maintained at a height of 8
feet to prevent obstruction of such sight lines.
ARTICLE XIII
FENCES
No fence, wall, hedge, or mass planting shall be permitted to extend beyond the minimum
front building set back line established herein or from the side yard building line to the street or
corner Lots except upon the written approval of the Allottor. To insure compliance with the
provisions of Article VI hereof as it relates to the erection of fences along utility easements, no
fence, wall, or other structure shall be erected along property lines without approval of the design,
construction, and materials by the Allottor. Further there shall be no barbed or other similar wire
fences erected or placed on any Lot nor shall any chain link fence of any type or kind be erected
or placed on any Lot which can be seen from any street.
ARTICLE XIV
STREET ACCESS AND DRIVEWAYS
All driveways or other paved areas intended for vehicular travel situated on any Lot shall
have a base of compacted gravel, crushed stone or other approved base material and shall be
surfaced with either asphalt or concrete material or such other materials as are approved by the
Committee, but all at grades lowered or raised to meet street grades with culverts installed and
maintained unobstructed.
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ARTICLE XV
PARKING AND STORAGE OF MOTOR HOMES, ETC.
No motor homes, camper trailers, travel trailers, utility trailers or boat trailers shall be
permitted to be parked, stored or remain upon any Lot, unless same is parked or stored and remains
in a fully enclosed stall of the garage. No motor homes, camper trailers, travel trailers, utility
trailers or boat trailers shall be permitted to be parked, stored or remain upon any street in the
Addition.
ARTICLE XVI
EXTERIOR MAINTENANCE AND LANDSCAPING
All dwellings, buildings, structures and improvements constructed, erected and reerected
on any Lot and all yards and landscaping thereon shall be maintained in a good state of repair, neat
and attractive manner by the Owner thereof. The Owner's maintenance obligations shall include,
but not be limited to, prompt removal of all litter, trash, refuse and waste, lawn mowing, tree and
shrub pruning, watering, keeping exterior lighting and mechanical facilities in working order,
keeping lawn and landscaped areas (including all areas between the lot lines and the curb of the
streets in the Addition) alive and free of weeds and attractive, keeping parking areas and driveways
in good repair, complying with all applicable governmental rules and regulations, repainting, and
repairing exterior damages. No dwelling building or other structure shall be constructed, erected,
placed, altered, reerected or permitted to remain on or upon any Lot platted hereby unless, prior to
the Lot being offered for sale or issuance of a certificate of occupancy of the City of Little Rock,
top soil shall be installed, leveled and sodded with live zoysia grass sod, or such other variety of
grass sod as is approved by the Committee, in all yard areas of the Lot and shrubs shall be planted
in planting areas immediately adjacent to the dwelling building and structure situated thereon on
the front and sides thereof. All vacant Lots shall be maintained free and clear of debris, trash and
weeds.
Upon the failure of the Owner to maintain or landscape the grounds in accordance with the
provisions hereof, the Architectural Control Committee or the Association may, upon 30 days
written notice to the Owner, cause the grass, weeds and vegetation to be cut, when, and as often
as, in its judgment is necessary, or cause appropriate landscaping to be installed. Upon the failure
of the Owner to maintain the exterior of any dwelling, building or structure in good repair and
appearance, the Committee or the Association may, upon 6 months written notice to the property
Owner, make repairs and improve the appearance of the dwelling, building or structure in a
reasonable and workmanlike manner. For purposes of performing such maintenance as may be
required hereunder, the agents or employees of the Committee and/or the Association shall have
the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours on any
business day. Notwithstanding any contrary provision hereof, the Committee or the Association
may enforce the requirements of this Subparagraph by litigation at law, or in equity, and the costs
of such litigation including any attorney's fees, shall be paid by such Owner, and if more than one,
such Owners shall be jointly and severally liable. The cost of any maintenance required under
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Article XVI shall be assessed to the Owner thereof, shall constitute a lien upon the Lot, and may
be collected in accordance with the provisions of Article XVIII hereof.
ARTICLE XVII
PROPERTY LINES AND BOUNDARIES
Iron pins have been set on all Lot corners and points of curve, and all Lot dimensions shown
on curves are chord distances, and all curve data as shown on the attached plat are centerline curve
data. In the event of minor discrepancies between the dimensions or distances as shown on the
attached plat and the actual dimensions or distances as disclosed by the established pins, the pins
as set shall control.
ARTICLE XVIII
THE RANCH COMMUNITY PROPERTY
OWNERS ASSOCIATION, INC.
There has been formed by the Allottor a non-profit corporation known as The Ranch
Community Property Owners Association, Inc. ("Association"). Each Owner of any Lot platted
hereby by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to fully abide by and comply with the Articles of Incorporation and
By -Laws of the Association, as amended from time to time. The Association shall be comprised
of owners of Lots hereby platted by Allottor and all subdivisions previously platted by Ranch
Properties, Inc. as "The Ranch." The Association is delegated and assigned the powers of owning,
maintaining and administering the Common Areas, administering and enforcing the covenants and
restrictions, and collecting and disbursing the assessments and charges herein created. The
activities of the Association with respect to the hereinbefore described lands shall, in addition to
the Articles of Incorporation and By -Laws, be subject to the following directions, limitations and
conditions:
(a) Membership. Every Owner of a Lot platted hereby shall be a member of the
Association. Membership shall be appurtenant to and not be separated from ownership of any Lot
platted hereby which is subject to assessment. The Owner(s) of each Lot platted hereby shall be
entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot
platted hereby, all such persons shall individually be Members but shall collectively have one vote
only with respect to each Lot owned by such persons. The Allottor shall be entitled to one vote for
each Lot platted hereby owned by Allottor.
(b) Owner's Easements of Enjoyment. Every Owner shall have a right and easement
of enjoyment in and to any real property and improvements which may be owned by the
Association for the common use and enjoyment of all Owners ("Common Area") or areas which
shall be appurtenant to and which shall pass with the title to every Lot platted hereby, at such time
or times as the same shall be conveyed to the Association by the Allottor, subject to the following
provisions:
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DECLARATION OF RESTRICTIVE
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(i) The right of the Association to charge assessments for the maintenance and
repair of any Common Area;
(ii) The right of the Association to suspend voting rights and rights to use of the
Common Areas by an Owner for any period during which any assessment as
hereinafter described against such Owner's Lot remains unpaid; and for a period
not to exceed 60 days for any infraction of the published rules and regulations
regarding the use of such Common Areas facilities promulgated by the Association;
(iii) The right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility for such purposes and
subject to such conditions as may be agreed to by the Association. No such
dedication or transfer shall be effective except upon the vote of a majority of the
Members.
(iv) The right of the Association to grant such other licenses or easements for
such rental or consideration, all as the Association deems appropriate, to construct,
maintain, use, repair and occupy boat docks and slips or other similar
improvements.
(v) The right of the Association to take such other actions as are prescribed by
the Association's Articles of Incorporation and By -Laws, as amended from time to
time.
(vi) The right of the Allottor to use of any of the Common Areas to promote
sales of unsold Lots platted hereby, such use to be without cost to Allottor.
(c) Covenant for Maintenance Assessments. Each Owner of any Lot platted hereby
by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed
to covenant and agree to pay to the Association:
(1) Annual assessments or charges and
(2) Special assessments for capital improvements, such annual and special
assessments to be established and collected as hereinafter provided.
Unless otherwise agreed to in a separate writing, Allottor shall have no liability for payment
of any such assessments for any Lots platted hereby owned by Allottor, the same being exempt.
The annual and special assessments, together with interest, costs and reasonable attorneys fees,
shall be a charge on the Lots platted hereby and shall be a continuing lien upon the Lots platted
hereby against which each such assessment is made. Each such assessment, together with interest,
cost, and reasonable attorneys fees, shall also be the personal obligation of the person or persons
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who is or was the Owner or Owners of such Lot platted hereby at the time when the assessment
fell due. The personal obligation for delinquent assessment shall not pass to his successors in title
unless expressly assumed by such successors. The assessments levied by the Association shall be
used exclusively for the recreation, health, safety and welfare of the members of the Association,
for the improvement and maintenance of any Common Area or areas owned by the Association or
for which the Association assumes a responsibility; for repair and replacement of any Common
Area or areas owned by the Association or for which the Association assumes a responsibility,
whether public or private; and for insurance, taxes, and other costs and expenses related to, and,
in the discretion of the Board of Directors, consistent with the purposes of the Association. The
initial annual assessment for vacant Lots platted hereby shall be $300.00 and for Lots platted
hereby upon which a residence is constructed or other improvements are made shall be $596.00.
The initial annual assessment may be collected monthly, shall be fixed by the Board of Directors
of the Association to commence at such time or times as shall be determined by Board of Directors.
From and after the establishment of the initial annual assessment, changes in the amount of the
annual assessment shall be made in accordance with the Association's By-laws. Further,
notwithstanding anything to the contrary herein contained, the Board of Directors of the
Association shall be empowered in the manner and for the purposes prescribed by the Association's
By-laws to levy, in any assessment year, a special assessment applicable to that year only for the
purpose of deferring and paying, in whole or in part, the costs of any construction, reconstruction,
repair or replacement of a capital improvement located upon and situated in any Common Area or
areas owned by the Association or for which the Association assumes a responsibility, including
fixtures and personal property related thereto. The annual assessments hereinbefore described,
once levied, shall commence as to each Lot platted hereby upon the first day of the month
following the date of the levy. The first annual assessment shall be adjusted according to the
number of months remaining in the calendar year and the amount thereof shall be pro -rated. The
Board of Directors of the Association shall fix the amount of the annual assessment against each
Lot platted hereby at least 30 days in advance of each annual assessment period. Written notice of
the annual assessment shall be sent to every Owner subject thereto. The due date shall be
established by the Board of Directors of the Association. The Association shall, upon demand, and
for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth
whether the assessments on a specified Lot platted hereby have been paid. A properly executed
certificate of the Association as to the status of assessment of a Lot platted hereby is binding upon
the Association as of the date of its issuance.
(d) Effect of Nonpayment of Assessments and Remedies. Any assessment not paid
within 30 days after the due date thereof as established and fixed by the Board of Directors of the
Association shall bear interest from the due date at the maximum lawful rate. The Association
may, upon such default, bring an action at law against the Owner or Owners personally obligated
to pay the same, or foreclose the lien of the assessment against the applicable Lot. The Owner may
not waive or otherwise escape liability for the assessments herein provided by non-use of the
Common Area or abandonment of his Lot. The lien of the assessments provided for herein shall
be subordinate to the lien of any first mortgage. The sale or transfer of any Lot platted hereby shall
not affect the assessment lien; provided, however, that the sale or transfer of any Lot platted hereby
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DECLARATION OF RESTRICTIVE
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pursuant to any mortgage foreclosure or proceeding in lieu thereof, shall extinguish the lien of
such assessments as to payments which became due prior to such sale or transfer. No sale shall
relieve such Lot platted hereby from liability for any assessment thereafter becoming due or from
the lien thereof.
ARTICLE XIX
ADDITIONAL PROPERTY
Allottor reserves the right to, but shall not be obligated to, develop additional tracts of land,
whether adjoining, adjacent or otherwise situated (hereinafter referred to as the "Additional
Tracts") and may, in its sole discretion, elect to cause the development of Additional Tracts to be
governed by covenants similar to the covenants herein set forth and may have Common Areas
which may be conveyed to the Association to be maintained and kept landscaped by and at the
expense of the Association or for which the Association may assume all maintenance and
landscaping responsibility. Furthermore, Allottor may, in its sole discretion, elect:
(i) to invite and then allow and consent by separate written instrument
signed by Allottor and an owner, any one or more property owners in any
subdivisions previously developed by Allottor to become members of the
Association and thus subject to all duties, responsibilities and assessments in
accordance with such membership and entitled to all privileges, rights and
enjoyment of Common Areas of all other members of the Association; and,
(ii) to cause and allow any property owners in any other or subsequent
development of the Additional Tracts or phases thereof to become members of the
Association by virtue of owning a Lot in such development and thus subject to all
duties, responsibilities and assessments in accordance with such membership and
entitled to all privileges, rights and enjoyment of Common Areas of all other
members of the Association.
UNDER NO CIRCUMSTANCES shall this Declaration of Restrictive Covenants and Bill
of Assurance or any subsequent annexation or addition to this Addition bind or require the Allottor
to make any annexation or addition to this Addition or to adhere to any development plan,
regardless of how that development plan is published or presented, in any subsequent development
of any lands now owned or hereafter acquired by the Allottor. Nor shall the Allottor be precluded
from conveying any lands it now owns or hereafter acquires, not expressly made subject to the
terms and provisions hereof, free and clear of not only the terms, provisions and covenants herein
contained but any similar covenants or restrictions.
Further, there shall be no other annexation or addition of lands into the Addition or the
addition of members to the Association without the prior written consent of the Allottor.
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ARTICLE XX
RIGHT TO ENFORCE
The restrictions, covenants and provisions herein set forth shall run with the Lots platted
hereby and shall bind the present owner, their heirs, successors and assigns and any person, natural
or artificial, hereinafter owning any of the Lots platted hereby. Allottor and any owner of any of
the Lots platted hereby shall have the right to sue for and obtain an injunction, prohibitive or
mandatory, to prevent the breach or to enforce the observance of, the restrictions above set forth,
in addition to any ordinary legal action for damages. The failure of Allottor or any owner of any
of the Lots platted hereby to enforce any of the restrictions hereby set forth at the time of its
violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter.
ARTICLE XXI
MODIFICATION OF RESTRICTIONS
Notwithstanding any provision, restriction or covenant herein contained to the contrary,
any and all of the terms, conditions, covenants, provisions and restrictions set forth herein may be
amended, modified, extended, changed or canceled, in whole or in part, by a written instrument
signed and acknowledged solely by the Allottor. Alternatively, any and all of the terms, conditions,
covenants, provisions and restrictions set forth herein may be amended, modified, extended,
changed or canceled, in whole or in part, by a written instrument if signed and acknowledged by
at least 70% percent of the Owners of lots in the Addition; PROVIDED, HOWEVER, any such
amendment, modification, extension, change or cancellation made by at least 70% of the Owners
of the Lots, in order to be effective and enforceable, must be approved and consented to in writing
by Allottor regardless of whether or not Allottor owns any Lot platted hereby, such approval to be
in the sole discretion of the Allottor. The provisions of any such instrument so executed shall be
binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each term,
condition, covenant, restriction and provision in this Bill of Assurance, unless expressly provided
otherwise, shall remain in full force and effect until January 1, 2037.
ARTICLE XXII
ASSIGNMENT AND BINDING EFFECT
Allottor expressly reserves the right to assign in writing the Allottor's rights and obligations
hereunder to another person, natural or artificial; provided, however, such other person shall only
succeed to the rights and obligations of the Allottor upon recordation of such an assignment
executed by the Allottor which expressly and specifically assigns the Allottor's rights and
obligations hereunder and a conveyance of the land platted hereby will not be deemed such an
assignment to the purchaser thereof. Otherwise the personal representatives, heirs and successors
of the Allottor shall automatically be bound by and shall succeed to the rights, duties and
obligations of the Allottor.
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ARTICLE XXIII
EXTENSION
All covenants for which extension is not otherwise provided in this instrument shall
automatically be extended for successive periods of ten (10) years each, unless modified,
terminated or canceled as provided herein.
ARTICLE XXIV
SEPARABILITY
Invalidation of any restriction set forth herein, or -any part thereof by an Order, Judgment
or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or
any part thereof as set forth herein, but they shall remain in full force and effect.
EXECUTED this . day of July, 2017.
PINNACLE RIDGE DEVELOPMENT
COMPANY, an Arkansas corporation
By. & �4[� - eC, L02!
Edward K. Willis
Secretary
FW;ew'-j cn ly for InC;usian Of minlmu.rn -,:h ds
roWrc'd L' V ft 04 Of Liflie fioe'(SubdMsicn ropla6m*.
Bill cf Msurarv. proorisions esL: -W, L+,Zho
cravelopr-; inay exMcd minimum ropla ons of fts�
Li subdivision and zoning ordinances.
lei. l i
Qty 0 R ck F4wning Carrani igrr
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DECLARATION OF RESTRICTIVE
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ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
BE IT REMEMBERED that on this day appeared before the undersigned, a Notary Public
duly commissioned, qualified and acting within and for the County of State aforesaid, appeared in
person the within named Edward K. Willis being the person authorized by said corporation to
executed such instrument, stating his capacity in that behalf, to me personally well known, who
stated he is the Secretary of PINNACLE RIDGE DEVELOPMENT COMPANY and executed
and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned
and set forth.
TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
day of July, 2017.
My commission expires:
of -0-ate
(SEAL)
ANORY LI
OFFICIAL SEAL
NIKI HEFFINGTON
AR%AMAS No.12386328
BY,t' PULASKI COUNTY
My Commission Exotres 2-2-2022
4826-5581-6266.2