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HomeMy WebLinkAboutBill of Assurance 112123Instrument# 2021058115 Page 1 of 8 III.11l�fll�l11111111111111111111111111 2021058115 :r 0&-1e-202109:30:39AM RECORDED- OR-16- 02109:34:06AM In Official Records of Terri Hollingsworth Circuit/County Clerk PULASKI CO, AR FEE $50.00 This instrument prepared by: James C. Clark, Jr. Friday, Eldredge & Clark 400 West Capitol, Suite 2000 Little Rock, AR 72201 FIRST SUPPLEMENT TO BILL OF ASSURANCE M This First Supplement to Bill of Assurance executed this 1 day of , 2021, is made by PotlatchDeltic Real Estate, LLC ("PotlatchDeltic," also "Developer" or "Declarant") as hereinafter set forth: N 10+0 ZO Z 1059 11 l.r WHEREAS, Developer caused to be filed in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, that certain Bill of Assurance to Fletcher Valley, an addition to the City of Little Rock, Arkansas, on November 19, 2020, Instrument No. 2020077706 creating the Fletcher Ridge Neighborhood (the "Bill of Assurance"); WHEREAS, paragraph I of the Bill of Assurance specifically provides that the Developer has the right to bring within the plan and the Bill of Assurance additional properties provided such properties are in accord with the general plan of development and may contain such complementary additions and modifications of the provisions of the Bill of Assurance necessary to reflect the different character, if any, of the added properties; and WHEREAS, Developer files this First Supplement to Bill of Assurance for the purpose of adding additional property to the Fletcher Ridge Neighborhood, which property is owned by the Developer and is described as follows: PART OF SECTION 3, T-1-N, R-14-W & SECTION 34, T-2-N,R-14-W, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 22, BLOCK 1, FLETCHER VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, THENCE; ALONG THE NORTH LINE OF SAID LOT 22, N64'27' 19"W, A DISTANCE OF 199.75 FEET, THENCE; N21'49'31 "E, A DISTANCE OF 102.19 FEET, THENCE; S62'29'17"E, A DISTANCE OF 89.81 FEET, THENCE; S78'15'01"E, A DISTANCE OF 141.35 FEET TO THE WESTERLY RIGHT OF WAY OF FLETCHER RIDGE DRIVE, THENCE ALONG SAID RIGHT OF WAY THE ARC OF A 125.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING OF N00'54'30"W AND CHORD DISTANCE OF 19.56 FEET, THENCE LEAVING SAID RIGHT OF WAY, N84'36' 16"E, A DISTANCE OF 160.00 FEET, THENCE; S83'03' 19"E, 27.33 FEET, THENCE; S22'25' 12"E, 73.68 FEET, THENCE; S37'09'06"E, 79.68 FEET, THENCE; S54' 14'52"E, 218.17 FEET, THENCE; S61'45' 14"E, 47.40 FEET, 13826.0005/8544868 ClibPDF - www.fastio.com Instrument# 2021058115 Page 2 of 8 THENCE; S664313"E, 200.98 FEET, THENCE; S77'06'32"E' 1105.32 FEET TO THE ` i FV' i �Rlit II Li Ii i vi iY r-1 L v1 FLL i i.11L1\ 1\1LVL Lx1 Y L, 11IJ_ tl vL 11LlJltl 0 A TTN T?M_TT r �R XV A'V XJA<11 K'11'& A nTQ f A Njf U n7- A -Tc =U P 'rTs�rrIT V11`U 3i-Xii r�aUil V'iA1 364 _5 U L, A JiJiAP�i-IL UP i0U.UU 1 LLi, THENCE; S05'25'52"W, 338.10 FEET, THENCE; S 18'43'43"W, 70.06 FEET, THENCE; S33'27'38"W, 73.68 FEET, THENCE; S48'11'32"W, 36.84 FEET, THENCE; N41'48'28"W, 110.00 FEET TO THE EASTERLY RIGHT OF WAY OF FLETCHER RIDGE DRIVE, THENCE ALONG SAID RIGHT OF WAY THE ARC OF A 175.00 FOOT RADIUS CURVE TO THE LEFT HAVING CHORD BEARING OF N32'33'08"E AND CHORD DISTANCE OF 94.36 FEET, THENCE; N73'05'16"W, 50.00 FEET -TO THE WESTERLY RIGHT OF WAY OF FLETCHER RIDGE DRIVE, THENCE ALONG THE SAID RIGHT OF WAY THE ARC OF A 125.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING OF Nll'10'26"E AND CHORD DISTANCE OF 25.01 FF,F.T_ THENCE T.F.AVTNG cATn R-MUT OF WAY, N77'34'02"W, A DISTANCE OF 150.45 FEET, THENCE, N66'43'13"W, 378.68 FEET, THENCE: N59'13'19"W, 47.40 FEET, THENCE; N54'14'52"W, 453.41 FEET TO THE EASTERLY RIGHT OF WAY OF FLETCHER RIDGE CIRCLE, THENCE ALONG SAID RIGHT OF WAY, N25'32'41 "E, 51.96 FEET, THENCE ALONG SAID RIGHT OF WAY THE ARC OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING OF N39'04'22"E AND CHORD DISTANCE OF 23.39 FEET, THENCE LEAVING SAID RIGHT OF WAY N37'23'57"W A DISTANCE OF 50.00 FEET TO THE WESTERLY RTC714T OF WAY OF FLETCHER RIDGE CIRCLE, AT SO BEING THE POINT OF BEGINNING. CONTAINING 8.9919 ACRES, MORE OR LESS shown on the Plat hereinafter mentioned, as Lots 27-28, Block 1, Lots 90-98, Block 1, Lots 20-38, Block 2, Lots 1-18, Block 3, Tracts G and I, Block 1 and Tract H, Block 3, an Addition to the City of Little Rock, Arkansas (which property together with the property described in the Bill of Assurance is hereinafter referred to as the "Fletcher Ridge Neighborhood"); and Developer has caused to be incorporated Fletcher Ridge Property Owners Association, Inc., for the purpose of administering the maintenance of the common area tracts and amenities in the Fletcher Ridge Neighborhood and Fletcher Valley Property Owners Association, Inc. for the purpose of administering the maintenance of the common area tracts and amenities of Fletcher Valley; WHEREAS, all owners of lots within the Fletcher Ridge Neighborhood are members of Fletcher Ridge Property Owners Association, Inc. as provided for in the Bill of Assurance, and members of Fletcher Valley Property Owners Association, Inc. as provided for in the Covenants and Restrictions filed November 19, 2020, in the Office of the Circuit Clerk of Pulaski County, Arkansas, as Instrument No. 2020077705, (the "Covenants and Restrictions"); and WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter mentioned be subdivided into building lots, tracts and streets as shown on the Plat filed herein, and that said property be held, owned and conveyed subject to the protective covenants contained in 2 CIibPDF - www.fastio.com Instrument# 2021058115 Page 3 of 8 the Covenants and Restrictions and Bill of Assurance, as amended, in order to enhance the value of the Fletcher Ridge Neighborhood. NOW, THEREFORE, Developer for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value has caused to be a e a plat showing a survey made by Marion Scott Foster, Registered Land Surveyor, dated $ r and bearing a Certificate of Approval executed by the Department of Comprehensive P ann ng of the City of Little Rock, and showing the boundaries and dimensions of the property now being subdivided into lots, tracts and streets (the `.`Plat"). PotlatchDeltic hereby donates and dedicates to the public an easement of right-of-way on, over and under the streets and right-of-way reflected on said Plat to be used as public streets. There are certain easements for drainage and/or utilities as reflected more particularly on the Plat which PotlatchDeltic hereby donates and dedicates to and for the use of public utilities in accordance with further terms and conditions of this First Supplement to Bill of Assurance, the same being, without limiting the generality of the foregoing, electric power, gas, water, sanitary sewer and telecommunications with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. ALL DRAINAGE EASEMENTS ARE TO REMAIN UNOBSTRUCTED. The use of the area designated on the Plat as Tract G, Block 1, Fletcher Valley, an addition to the City of Little Rock, Arkansas, is hereby donated and dedicated by PotlatchDeltic to the owners, as they may exist from time to time, of lots within the Fletcher Ridge Neighborhood with the right, subject to further terms and conditions of the Plat and the Bill of Assurance, as amended, to use this area for pedestrian paths and storm drainage. The Fletcher Ridge Property Owners Association, Inc. shall maintain such above ground area and improvements, including all storm drainage ditches, at its sole cost. The City of Little Rock shall maintain, repair, and replace all underground improvements. No improvements by any party shall be placed on the area designated as Tract G, Block 1, an addition to the City of Little Rock, Arkansas, unless first approved by PotlatchDeltic, the appropriate agencies of the City of Little Rock, if necessary, Fletcher Ridge Property Owners Association, Inc. and the Architectural Control Committee established pursuant to the Covenants and Restrictions of Fletcher Valley. The use of the area designated on the Plat as Tract H, Block 3, Fletcher Valley, an addition to the City of Little Rock, Arkansas, is hereby donated and dedicated by PotlatchDeltic to the owners, as they may exist from time to time, of lots within the Fletcher Ridge Neighborhood with the right, subject to further terms and conditions of the Plat and the Bill of Assurance, as amended, to use this area for landscaping, drainage, United States Postal Service kiosks, sanitary sewer mains and sanitary sewer services. The Fletcher Ridge Property Owners Association, Inc. shall maintain such above ground area and improvements, including all storm drainage ditches, at its sole cost. The City of Little Rock shall maintain, repair, and replace all underground improvements provided however, notwithstanding the above, any sanitary sewer service line in the tract shall be maintained CIibPDF - www.fastio.com Instrument# 2021058115 Page 4 of 8 by the owner of the lot served by the sewer service line and sanitary sewer mains shall be nia;ntalned1 by the Little Rock `Vate_ '_` ec aa;. adC)n _A ,,-1lOrity, XTlr ern . „F- �y _ nv pa «y yh;; De oiaced on the area designated as Tract 14— Mock Ian addition to the. City of Little. knrk . �. ...�.. v.�=� .._.. __�_ __ " __YA•^L �v v;• _ � �..-..-��-i -�___ ___�=�"_:JjJ'_Zl.l� u.�Lt?:..-�.S 'J_ _..v L-Lj iJi �.�..v Rock, if necessary, Fletcher Ridge Property Owners Association, Inc. and the Architectural Control Committee established pursuant to the Covenants and Restrictions of Fletcher Valley. The use of the area designated on the Plat as Tract I, Block 1, Fletcher Valley, an addition to the City of Little Rock, Arkansas is hereby donated and dedicated by PotlatchDeltic to the owners, as they may exist from time to time, of lots within the Fletcher Ridge Neighborhood with the right, subject to the further terms and conditions of the Plat and the Bill of Assurance, as amended, to use this area for undisturbed permanent green space with vegetative cover and no additional easements for utilities or any other purposes without the prior written approval of the owner or owners of record of the real property lying immediately adjacent to and east of eastern boundary of Tract I, Block 1, (the "_Adjacent Owner"). The Fletcher Ridge Property Owners Association, Inc., shall maintain Tract I as undisturbed permanent green space with vegetative cover at its sole cost. No improvements by any party shall be placed on the area designated as Tract I, Block 1, an addition to the City of Little Rock, Arkansas, unless first approved by PotlatchDeltic, the appropriate agencies of the City of Little Rock, if necessary, Fletcher Ridge Property Owners Association, Inc., the Architectural Control Committee established pursuant to the Covenants and Restrictions of Fletcher Valley and the Adjacent Owner. PRIOR TO '1 fih COMMENCEMENT OF ANY INSTALLATION OF UTILITIES WITHIN � Y T1N 7'i-T�F TTTIr ITV EASEiv1AEi\TU REFLEC I EL r%N 111G TIT .1 1 1 TITT 1L P U T TI 4. UTILITIES MUST SUBMIT WRITTEN PLANS AND SPECIFICATIONS OF THE PROPOSED IMPROVEMENTS TO THE ARCHITECTURAL CONTROL COMMITTEE FOR \L V ji. YY LIUVD F1j�t 0_" V 1'1L.. ALL UTILITIES TO BE INSTALLED BY PUBLIC UTILITIES AFTER PLATTING OF THE PUBLIC STREETS MUST BE APPROVED BY THE ARCHITECTURAL CONTROL COMMITTEE PRIOR TO COMMENCEMENT OF CONSTRUCTION AND IF SUBSEQUENTLY INSTALLED IN THE PUBLIC STREETS OR IN ANY EASEMENT ADJACENT TO THE PUBLIC STREETS, SUCH INS`1'ALLA11ON MUST BE AT A DEPTH OF AT LEAST 3011 BELOW THE ELEVATION OF THE ADJACENT STREET. DEVELOPER, ITS SUCCESSORS OR ASSIGNS, HAS NO DUTY TO MAINTAIN, REPAIR OR REPLACE ANY IMPROVEMENTS LOCATED WITHIN THE TRACT OR WITHIN OTHER EASEMENT AREAS REFLECTED ON THE PLAT. ALL COSTS ASSOCIATED WITH ANY SUCH MAINTENANCE, REPAIR OR REPLACEMENT OF SUCH IMPROVEMENTS, AND ALL LANDSCAPING TREATMENTS, IS THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE ASSOCIATION, AS MORE PARTICULARLY REFLECTED HEREIN, TO THE EXTENT SUCH COSTS ARE NOT A RESPONSIBILITY OF THE CITY OF LITTLE ROCK, ARKANSAS, OR THE UTILITY PROVIDER. rd CIibPDF - www.fastio.com Instrument# 2021058115 Page 5 of 8 The filing of this First Supplement to Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as Lots 27-28, Block 1, Lots 90-98, Block 1, Lots 20-38, Block 2, Lots 1-18, Block 3, Tracts G and I, Block 1 and Tract H, Block 3, an Addition to the City of Little Rock, Arkansas (which property together with the property described in the Bill of Assurance is hereinafter referred to as the "Fletcher Ridge Neighborhood"), and any and every deed of conveyance of any lot in the Fletcher Ridge Neighborhood, describing the same by the number shown on said plat shall always be deemed a sufficient description thereof. 1. Use of Land. The land herein platted shall be held, owned and used only as residential building sites. No structures shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence. 2. Architectural Control. No improvements shall be constructed or maintained upon any lot or Tract and no alteration or repainting to the exterior of any improvement, including, but not limited to, walls, retaining walls and swimming pools, shall be made and no landscaping performed unless approved by the Architectural Control Committee as provided for in the Covenants and Restrictions and the Bill of Assurance. 3. Common Amenities. The area designated on the Plat as Tracts G and I, Block 1, and Tract H, Block 3, and all improvements thereon, and landscaped areas shall be maintained by the Fletcher Ridge Property Owners Association, Inc., to the extent they are not the responsibility of the City of Little Rock, except for public utility improvements, which are maintained by such public utilities. 4. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or the side street line than twenty (20) feet, provided, such setback requirements may be modified if such modification is approved by the Architectural Control Committee, the Little Rock Planning Commission or the Little Rock Board of Adjustment, and such other regulatory agency as may succeed to their functions. No building shall be located nearer to an interior lot side line than five (5) feet. No principal dwelling shall be located on any lot nearer than twenty (20) feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building. Where two or more lots are acquired as a single building site, the side building lines shall refer only to those bordering the adjoining property owner. 5. Minimum and Maximum_Square Feet Area. No residence shall be constructed or permitted to remain on any building site in the Fletcher Ridge Neighborhood unless the finished heated living area, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall be equal to or exceed that shown in the following schedule: 5 CIibPDF - www.fastio.com Instrument# 2021058115 Page 6 of 8 One Story multi -Story �••� ls'Ail llmilili a:lll .nt !J_11 T71 i1P!" NAnyirY1nm qY f-j¢ All Lnts Not less than 1,500 Not IeFF than 1,800 square feet or more square feet or more than 2,200 square feet than 2,500 square _feet Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. 6. Easements for Public Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utility services, sanitary sewer, drainage, storm drains, storm drainage overflow and storm drainage ditches have heretofore been donated and dedinntPd said easements being of various widths, reference being hereby made to the Plat filed herewith for a more specific description of type, width and location thereof. Except as otherwise provided herein, no trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility, drainage or storm drainage overflow easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such easement, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance._ repair or replacement of anv uti_1ity service located within the area of such easement. J The Owner of a lot is solely responsible for the existing drainage course across his lot. The Fletcher Ridge Property Owners Association, Inc. is only responsible for maintenance and replacement of drainage equipment and facilities existing within the easements granted herein and described on the Plat that are not the responsibility of the City of Little Rock, and has no responsibility for the maintenance and repair of any drainage course or equipment located upon those areas of the lot outside the easement. UNDER NO CIRCUMSTANCES MAY THE OWNER OF ANY LOT MODIFY, ALTER, REDIRECT OR OTHERWISE ALTER EXISTING DRAINAGE PATTERNS WHICH RESULTS IN THE DIVERSION OF EXCESS RUNOFF AND ANY RELATED SEDIMENTATION ONTO OR TOWARD TRACT I, BLOCK 1 AND ANY DRAINAGE STRUCTURES AND IMPROVEMENTS CONSTRUCTED ON ANY LOT SHALL DIVERT SUCH EXCESS RUNOFF AND ANY RELATED SEDIMENTATION AWAY FROM TRACT I, BLOCK 1. 7. loco oration of Terms of Bill of Assurance. Said lands herein platted and any interest therein are hereby added to and made a part of the Fletcher Ridge Neighborhood and shall, on and after the date hereof, be subject to all of those certain terms, covenants and restrictions contained in the Covenants and Restrictions described herein and the Bill of Assurance filed 0 CIibPDF - www fastio.com Instrument# 2021058115 Page 7 of 8 November 19, 2020, as Instrument No. 2020077706, and all supplements and amendments thereto, all of which are incorporated herein by reference and made a part hereof. EXECUTED this 17 day of bus , 2021. POTLATCHDELTIC REAL ESTATE, LLC BY: vid Meghreblian, Vi resident 7 i CIibPDF - www.fastio.com Instrument# 2021059115 Page 8 of 8 COUNTY OF PULASKI On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named David Meghreblian, to me well known, who stated that he was the Vice President of POTLATCHDELTIC REAL ESTATE, LLC and was designated and duly authorized in that capacity by said POTLATCHDELTIC REAL ESTATE, LLC to execute the above instrument for and in the name and behalf of said POTLATCHDELTIC REAL ESTATE, LLC, and further acknowledged that he had so signed, executed, and delivered said foregoing instrument for the consideration. uses and nurooses therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this �q day of j 5+,, 2021. otary Public My Commission Expires: sNT �Y CONM11SRON012385799 NOTARY Pi1SLIGARIG4A}ggg 41Y CU1yM[wi[ON BxPIRES RUARYZ2, "22 ftlaw vd onfy for kdjs[lrl of rrsWma fderda requfred by die City of tltdo Rock sabdiv'ision regulatiorta 811 of Pssuranoe provisions astablished by tiro developer may exceed minimum requlakns Ot#* fife wbdvision and zoning ordinarm& 9/17 4-1 CRY of U& Ro& Imnington nission ClibPDF - www.fastio.com