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HomeMy WebLinkAboutS-0867-Q(9)-1 Applicationsubd.doc 4 INFORMATION SHEET FOR SUBDIVISION PUD's, PD's, ZONING OR SUBDIVISION SITE PLAN REVIEWS ITEM NO. // DATE 10/17/2022 FILE NO. 76 NAME: Chenal Valley Phase 18-L - Revised Preliminary Plat LOCATION: South of Chalamont Drive across from Caurel DEVELOPER: PotlatchDeltic STREET ADDRESS 7 Chena] Club Blvd CITY/STATE/ZIP Little Rock, AR 72223 TELEPHONE NO. 501-821-5555 ENGINEER: White-Daters & Associates STREET ADDRESS 24 Rahling Circle CITY/STATE/ZIP Little Rock, AR 72223 501-821-1667 TELEPHONE NO. AREA 32.753 Acres NUMBER OF LOTS 73 FT. NEW STREET 2,820 ZONING R-2 PROPOSED USES Residential PLANNING DISTRICT CENSUS TRACT VARIANCES REQUESTED 1_) 20 Foot Front Building Setback 2.) 5 Foot Side Yard 3.) Clear and Grade lots as part of first phase 4.) 20 Foot Rear Setback/Yard f /at t +' e�y /vrsS Gl� 01/17/19 7128122, 12:13 PM Lillie Rock, AR Code of ordinances Sec. 31-87, - Application form. ON 2 � � � The following information is to be included as supplemental information to the preliminary plat package. These criteria may be submitted in an information format as part of the cover letter and shall be filed with the required plat materials. They are: (1) Proposed name and type of subdivision. V4W p (2) Name and address of land owner with source of title. (Deed record book ange or instrument number required.) (3) Name and address of subdivider. (4) Linear feet of internal streets. (5) Average size of lots and minimum lot size. (6) Number of lots. (7) Applicable existing covenants, and the proposed covenants on the land. (8) Proposed source of water supply. (9) Proposed means of wastewater disposal. (10) Request for variances, waivers, or deferrals. (Completion of variance and waiver request form required.) (11) Date of plat survey. (Code 1961, § 37-18(a); Ord. No. 15,529, § 1 e, 8-16-88; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,861, § 1(aa), 3-21-95; Ord. No. 18,031, § 1(z), 6-1-99) Sec. 31-88, - Vicinity map. A vicinity map shall be filed. It shall cover an area within a radius of one-half mile of the proposed subdivision at a scale of one (1) inch to two thousand (2,000) feet. The drawing shall generally locate arterial streets, highways, section lines, railroads, schools, parks and other significant community facilities; and, if possible, shall be incorporated on the preliminary plat. (Code 1961, § 37-18(b)) Sec. 31-89. - Preliminary plat. I i A preliminary plat shall be submitted in the number of copies as established by the planning staff, it shall be clearly and legibly drawn and shall be submitted in a format as directed by the planning staff. Plat scale shall be one (1) inch equals fifty (50) feet for plats up to and including ten 0 0) acres and one (1) inch equals one hundred (100) feet for plats larger than ten (10) acres, except where a smaller scale may be deemed appropriate by the staff. The preliminary plat shall be identified by the name of the subdivision, and shall about blank 11Lt5/LL, I L: I d t'm Little Rock, AR Code of Ordinances include all information listed below. The preliminary plat shall also be submitted in an electronic format compatible with equipment in the department of planning and development of the city. Data shall be in Computer -Aided Design (CAD) compatible .DXF or .DWG (compatible with software available in the department of planning and development of the city) format containing the information listed below: (1) Contours shown at intervals of not more than five (5) feet for terrain with an average slope exceeding ten (10) percent or more, and at an interval of two (2) feet for terrain with slopes less than ten (10) percent. The source of the contours along with the source from which all elevations were derived shall be clearly described. (2) Proposed design including streets, alleys and sidewalks with proposed street names, lot lines with approximate dimensions, service easements, land to be reserved or dedicated for public uses and land to be used for purposes other than residential. (3) Minimum building front yard setback lines for commercial or office, industrial, mobile home park and residential subdivisions, and all setback lines for zero -lot -line, apartment and townhouse development. (4) Natural features within and surrounding proposed subdivision including drainage channels, bodies of water, wooded areas and other significant features. On all watercourses leaving the tract, the direction of flow shall be indicated, and for all watercourses entering the tract, the drainage area above the point of entry shall be noted_ P I. (5) The storm drainage preliminary analysis showing drainage data for all watercourses entering and leaving the plat boundaries. The storm drainage analysis shall be prepared in sufficient detail to illustrate the proposed system's capability of accommodating storm events as required by the stormwater management and drainage manual.��� (6) Date of survey, north point and graphic scale. (7) Any portion of property within the floodway or the one -hundred -year floodplain, based upon the federal insurance administration's national flood insurance program provided for and adopted by the city. (8) Features within and surrounding the proposed subdivision including existing and platted streets, bridges, culverts, utility lines, pipelines, power transmission lines, all easements, park areas, structures, city and county lines, section lines and other significant information. (9) Preliminary storm drainage plan incorp rating proposed easement dimensions and typical ditch sections.' (10) Names of recorded subdivisions abutting the proposed subdivision, with plat book and page number or instrument number. (11) For residential plats, names of owners of unplatted tracts abutting the proposed subdivision and the names of all owners of platted tracts in excess of two and one-half (236) acres. about:blank .,,a LLLOC f[aaN, HR l.aae Of uralnanc:es (12) For commercial plats, names of owners of all land contiguous to the proposed subdivision. (13) The names of all owners of landlocked parcels contiguous to or within the plat boundaries. (14) Boundary survey information of the tract shall be as follows: a. Boundary lines shall be indicated by a heavy line. b. Adjusted bearings and distances shall be shown on all boundary lines and ties to all corners of record utilized. Where boundary lines are curves, sufficient curve data shall be provided to adequately describe the curve. As a minimum, curve data for each curve shall consist of radius, arc distance, delta angle and chord bearing and distance. Where boundary lines are common with previously platted properties, record bearings and distances shall also be shown. c. Accurate locations and adequate physical descriptions of all monuments shall be shown indicating size, type of material and construction thereof. d. Metes and bounds legal description of the tract boundary. (15) Zoning classifications within the plat and abutting areas. (16) Municipal boundaries that pass through or abut the subdivision. (17) Certifications that the plat has been surveyed and duly filed for record in the offices of the state surveyor and the county circuit clerk and recorder within the last seven (7) years. (18) A phasing plan outlining the boundaries for each phase. (Code 1961, § 37-18(d); Ord. No. 15,929, § 1(c—f), 9-4-90; Ord_ No. 15,988, § 4, 12-18-90; Ord. No. 16,861, § 1(aa), (ss), 3-21-95; Ord. No. 18,031, § 1(j), (aa), 6-1-99; Ord. No. 18,902, § 1(m), 7-15-03; Ord. No. 21,867, § 1, 5-19-20) Sec. 31-90. - Engineering analysis. An engineering analysis containing the following information shall be filed: (1) At the option of the staff and where a street grade variance is being requested, the following information shall be provided: a. Street cross sections of all proposed streets at one -hundred -foot stations as follows: 1. On a line at right angles to the centerline of the street. 2. Elevation points shall beat the centerline of the street, each property line and points twenty-five (25) feet inside each property line. b. Street profiles showing existing and proposed elevations along centerlines of all roads drawn at a horizontal scale of one hundred (100) feet to the inch and a vertical scale of ten (10) feet to the inch, or as otherwise allowed by the public works department. Where about:blank 3/6 required, such profiles shall be prepared by an engineer registered to practice in the state. hundred -year storm event onto, within, (2) An analysis of all stormwater conveyance fort one r review: Such analysis shall be and leaving the property to be provided to the sta prepared ared by the engineer of record at owner's expense. The analysis shall deter mine to the best of the engineer's ability a safe building line, conveyance channels, plat. easements, and it shall be clearly and legibly drawn on thepreliminary (Code 1961, § 37-18(e); Ord. No. 17,697, § 3d, 3-17-98; Ord, No. 21,867, § 1, 5-19-20) Sec. 31-91. - Certificates. Each reliminary plat submitted to the planning commission shall carry the following certificates as p appropriate: CERTIFICATE OF PRELIMINARY SURVEYING ACCURACY ry survey made or verified by I, �^, hereby certify that this plat correctly representsand CityofLittle Rock Subdivision Rules and me that all surveying requirements of the State orAe ore a required. Regulations have been complied with and filed f Date of Execution Name Professional Surveyor No. Arkansas CERTIFICATE OF PRELIMINARY ENGINEERING ACCURACY _ ents a plat made by me, and hereby certify that this plat correctly represtthl�at engineering requirements of the Little Rock Subdivision Rules and Regulations have been compliedw I Signed, I 4/6 about:blank Date of Execution Name, Registered Engineer No.-, Arkansas CERTIFICATE OF PRELIMINARY PLAT APPROVAL Regulations relative to the preparation and p All requirements of the Little Rock Subdivision Rules and Reg plat is hereby granted, subject to submittal to a preliminary plat having been fulfilled, approval Of this p further provisions of said rules and regulations. This certificate shall expire Date---- �- -� - Signed, Name, Date of Execution L.R. planning Commission (Code 1961, § 37-18(e)(1); Ord. No. 15,929, § 1(g), 9-4-90; Ord. No. 16,341, § 1(qq), 1-19-93; Ord. No. 20,326, § 1(b), 9-21-10) sec. 31-92. - Fees. Filing fees for preliminary plats shall be as established by ordinance. (Code 1961, § 37-18(e)(2)) cross reference— Fees for subdivision applications,. Sec. 31-93. - Bill of assurance. 516 about:blank Little Rock, AR Code of ordinances I/GOIGG, 1/: [J nVI The draft submitted shall use the format provided within the sample draft provided by staff. This format will ensure that the proposed bill of assurance separates those provisions required in the plat by ordinance and those provisions desired by the developer. (Code 1961, § 37-18(e)(3); Ord. No. 18,031, § 1(h), 6-1-99) Rfa about -blank subd.doc 5 VARIANCE/WAIVER REQUEST FORM 01/17/19 Date Filed 10/17/2022 Plat Name Chenal Valley Phase 19-L File No. owner: PotlatchDeltic Et]glrieep•_ White-Daters & Associates Address: 7 Chenal Club Blvd Address: 24 Rah ling. Circle Little Rock, AR 72223 Little Rock, AR 72223 Phone: 501-821-5555 Phone: 501-821-1667 Variance(s) Requested: r i) 5' Sideyard (2) 20' Front Building Setback (3) 20' Rear Yard (4) Clear and Grade lots with the first phase of development Justification: Due to the topography ofthe site the reduced setbacks are wan -anted to minimize the required. clearing and earthwork. Grading the lots will minimize and off -site hauling of material. Owner's Signature: Date 111,b / PLANNING COMMISSION ACTION: BOARD OF DIRECTORS ACTION: Approval ( ) Date Approval ( ) Date Denial () Date Denial () Date Basis for Decision: Basis for Decision: 09,122V5 subd doc 9 AFFIDAVIT 1. certify by my signature below that I hereby r� e to act as my agent regarding the authorize of the below described property Property described as: z ature of title Molder IDv e� _ Subscribed and sworn to me a Notary Public on this day of ME'`'„i'',, Notary Public My Commission Expires: ••tip A t2"�.• .�P`•` f,4i�CCUNjjt1W' �``t WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle Little Rock, Arkansas 72223 Phone: 501-821- 1667 www.whitedaters.com October 17, 2022 Mr. Torrence Thrower, Development Specialist City of Little Rock 723 W. Markham St. Little Rock, Arkansas 72201 RE: Chenal Valley Phase 18-L Revised Preliminary Plat Mr. Thrower, Attached are three (3) copies of the Revised Preliminary Plat for the above captioned project. Please place this item on the agenda for the December 81h Planning Commission meeting. The project is final PotlatchDeltic residential subdivision on Chalamont Drive. The Bill of Assurance will be similar to Corlay Court, copy attached. Due to the topography, we are requesting variances to allow 20 foot front and rear yards and 5 foot side yards. The bulk of the project will be cleared and graded with the first phase of the project. Thank you for your assistance. Please contact me if you need any additional information. Since Tirnot l� Encl: Preliminary Plat (3 copies) Application Form Information Form Owners Affdavit Corlay Court BOA CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - CONSULTING You created this PDF from an application that is not licensed to print to novaPDF printer (tgE://www.novapdf.com) 111111141111111111111111111111111 2021047835 PRESENTED: 07-09-2021 10.3e 55AM RECORDED: 07-09-2021 10:46:39 AM In Official Records of Terri Hollingsworth circuivcounty Clerk PULASKI CO. AR FEE $60 00 Prepared by: Friday, Eldredge & Clark 400 W. Capitol, Suite 2000 Little Rock, AR 72201 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: �.•`{�� �CIRCLIj�'�. ='� ,t��;�� moo'•: w In In= THAT, WHEREAS, POTLATCHDELTIC REAL ESTATE, LLC (hereinafter called "PotlatchDeltic"), is the owner of the following property: PART OF THE S 112 OF SECTION 16, T2N, R-14-W, LITTLE ROCK, PARTICULARLY DESCRIBED SAS KI COUNTY, ARKANSAS, BEING MORE FOLLOWS: BEGINNING AT THE EASTERNMOST CORNER OF LIOF TRACT A, TTLE ROCK, PUOLASKI COUNTY, VALLEY, AN ADDITION TO THE CITY ARKANSAS, SAID POINT LYING ON THE HERLYSOUTHERLY Y RIGHT OF WAY LINE IGHT OF WAY LINE OF CHALAMONT DRIVE; THENCE ALONG SAID THE FOLLOWING COURSES: (1) ALONG THE ARC OF A 7 DIOSOTANCEDIOF CURVE TO THE LEFT, HAVING A CHORD BEARING AND S65°40'57"E, 381.09 FEET; (2) S87°44' 11 " OTHE RIGHT, 40 FEET-, T, (HAVIALONG A CHORD OF A 447.47 FOOT RADIUS CURVE T BEARING AND DISTANCE OF S73' 19'49" FOOT LEFT, HAVING .73 FEET; (5) ALONG THE ARC OF A 507.47OOT CURVE TO A CHORD BEARING AND DISTANCE OF E 6BLOCKE, 94.37 FEE TOO THE NORTHWESTERLY CORNER OF TRACT LEY ADDITION; THENCE ALONG THE WESTERLY 9 IINE F ETO(2) SAID'BLOCK SO 13 610 H9 FOLLOWING COURSES: (1) S20 24 21 W, 4 FEET; (3) S37-40'57"E, 179.62 FEET; (4) S44°39'03"E, 162.16 FEET; (5) S55°39'45"E, 81.07 FEET; (6) S 12'S2'38" ENS49.54 FEET; AID D WESTERLY LINE FEET; (8) S 16°28'22 W, 266.29 FEET; THCE LEAVING OF BLOCK 61 S75051'21"W, A DISTANCE EET TO THE SOUTHEAST CORNER OF N77026' 18"W, A DISTANCE OF 551.01 F LOT 59, BLOCK 73, CHENAL VALLEY ADDITION; THENCE ALONG THE EASTERLY LINE OF SAID BLOCK 73 NTH 72 FOLLOWING N26 COURSES: SE : (1) N07'53'39"E, 76.32 FEET; (2) N00 O1 09 , 138.27 FEET; (4) N31°50' 17"W, 140.87 FEET; (5) 19 2t'57(84} N37 0.65 E,E 3�8(27 N270 16'09"E, 160.00 FEET; (7) N 11 20 35 , 13926.000519559922 FEET; (9) N 13 28-00 "FE 13 TO FEETPOINT OF BEGINNING.204.59 CONTAINING N47°52'22"E, 128.00 FEET TO THE 29.9832 ACRES, MORE OR LESS. Chenal Valley an Addition to the City of Little Rock, Arkansas (the "Corlay Court Neighborhood"); and WHEREAS, the Corlay Court Neighborhood is part of the community known as Chenal the Valley and is subject to those certain Covenants and Restrictions fillent No. ed Novem06, ber amended1989 ln(the office of the Circuit Clerk of Pulaski County "Covenants and Restrictions"); and WHEREAS, PotlatchDeltic has caused to be incorporated (i) Corlay Court Property ance Owners Association, Inc. for the purpo se hb� hofldtandgthe [i'} ChenalnValieyf the common area property Owners and amenities in the Corlay Court g Association, Inc. for the purpose of administering the maintenance of the common areas and amenities of Chenal Valley; and WHEREAS, all owners of lots within the Corlay Court Neighborhood are required to be members of the Corlay Court Property Owners Association, as provided for ilfor herein and n the Covenants members of Chenal Valley Property Owners Association, 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 �� streets ��s 4ie pititeehve plat filed herein with and that said property be held, owned and convey 3 contained and in the Covenant and Restrictions in order to enhance the value of the Corlay Court Neighborhood. NOW THEREFORE, PotlatchDeltic, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges ttoRegiStered ,LandaSu caused to e made dated a p t • owing a survey nude by Marion S royal executed by the Department of 4 and bearing a Certificate of Apo oniprehensive Planning of the City of Little Rock, and showing the boundaries and dimensions of the property now being subdivided into lots, tracts and streets (the "Plat"). PotlatchDeltic hereby donates and dedicates to the public an easement of way on, OVer and under the streets and right of way reflected nfnrautdi It utlat ilitiesreflected morec streets. In particularly ono he plat ition to the said streets, there are certain easement - which PotlatchDeltic hereby donates and dedicates °of thisuse S Bill of Assurance, same Utilities") in accordance with further terms and conditions being, without limiting the generality of the foregoing, tedfaith opersc�n5s' tr telecommunications, on corparati corporations water, drainage and sewer, with the right here y 2 [3826.0005/8559922 engaged in the supplying of such utilities to on nnaintenance,such repair easements, and replacement of such ingress and egress therefrom for the installation, MENTS ARE TO REMAIN UNOBTRUCTED. utility services. ALL DRAINAGE EASE HE PLAT MAY BE USED FOR SANITARY SEWER EASEMENTS REFLECTED ON SEWER. The use of the areas designated on the Plat as Tract A, Block 66, Chenal Valley, an addition to the City of Little Rock, Arkansas, are hereby donatedin the Coriay Courd dedicated by PNeaghbarhoodtchDcltic ow�ils owners, as they may exist from time to time, of lots the right, subject to further terms and conditio�If the dary emergencyand this ll acceAssurance, to use these ss.a cess draina storm areas for landscaping, pedestrian paths, side drains, storm drainage overflow, sanitary Seale A Association, ati easements n, In . shalltma ntain ed States postal area s and Kiosk, and the Corlay Court Property Owner improvements, other than the costs and expenses the area designated Saw Tract A at t Block 66 SChenai improvements by any party shall be placed on Valley, an addition to the City of Little Rock, Arkansas, ns a, unless firer erty -t approved by OwnerP�UA. 5n tinn, the appropriate agencies of the City of Little Rock,Y Inc, and the Architectural Control Committee established pursuant to the Covenants and Restrictions of Chenal Valley, PRIOR TO THE COMMENCEMENT OEM n IN TALLATIONTHE OF TPUSLEIC WITHIN THE UTILITY EASEMENTS REFL UTILITIES MUST SUBMIT WRITTEN ARCHITECTURAL AL CONTROL COMMITTEE FOR ANS AND SPECIFICATIONS OF THE PROPOSED IMPROVEMENTS TO THE ARC REVIEW AND APPROVAL. ALL UTILITIES TO BE INSTALLED BY UB PUBLIC TO�COMMENCEI�IES AFTER N7' OF NG OF THE RIGHTS -OF -WAY MUST BE APPROVEDOF CONSTRUCTION BY THE PUBLIC WORKS DEPARTMENT E RIGHTS -OF -WAY CITYORN ANY ROCK AND IF SUBSEQUENTLY INSTALLEDUST EASEMENT ADJACENT TO THE RIGHTS-OF-SUCH INSTALLATION THE ADJACENT LIIOSTREET. AT A DEPTH OF AT LEAST 30 BELOW THE ELEVATION DEVELOPER, ITS SUCCESSORS OR ASSIGNS, CAT DWITHIN ODUTY OMAINTAK TH TRACT, REPAIR OR REPLACE ANY IMPROVEMENT INCLUDING, BUT NOT LIMITED TO, UTILITIES, PEDESTRIAN PATHS, SECONDARY EMERGENCY ACCESS AND LANDSCAPING O WITHIN OTHER E SEMENT A SUCH REAS REFLECTED ON THE PLAT. ALL COSTS ASSOCMAINTENANCE, REPAIR OR REPLACEMENT OF SUCH IMPROVEMENTS, AND ALL LANDSCAPING TREATMENTS, IS THE SOLE AND ARE NOT A RESPONSIBILITY OF CLUSIVE RESPONSIBILITY OF THE ASSOCIATION, TO THE EXTENT SUCH COSTS THE CITY OF LITTLE ROCK, ARKANSAS OR THE UTILITY PROVIDER. 3 13826.0005/8559922 The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "Lots 1 - 48, Block 66, and Tract A, Block 66, Chenal Valley, an addition to the City of Little Rock, Arkansas," and any and every deed of conveyance of any lot in wae Corlay deemed a suffghentldescdriptionttbing hee ofe same by the number shown on said Plat shall always be Said lands herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants: 1. Additions toCoirlay Court Neighborhood. Additional lands of PotlatchDeltic may become subject to this Bill of Assurance and added to Corlay Court Neighborhood in the following manner: PotlatchDeltic shall have the right but not the obligation to bring within the Corlay Court Neighborhood additional properties, regardless of whether or not said properties are presently owned by PotlatchDeltic, as future phases of the Corlay Court Neighborhood, provided that such additions are in accord with the general plan of development for the Corlay Court Neighborhood (the "Corlay Court General Plcuti") which has been prepared prior to the date of this Bill of Assurance and prior to the sale of any lot in the Corlay Court Neighborhood and is maintained in the office of PotlatchDeltic and provided such proposed additions, if made, become subject to assessments of the Corlay Court Property Owners Association, Inc. for their share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Corlay Court General Plan bind PotlatchDeltic to make the proposed additions or to adhere to the Corlay Court General Plan or any subsequent development plan shown on the Corlay Court General Plan. Nor shall PotlatchDeltic be precluded from conveying lands in the Corlay Court General Plan not subject to this Bill of Assurance or any supplement free and clear of this Bill of Assurance or any Supplement thereto. Any additional phases added to the Corlay Court Neighborhood shall be made by filing of record a Supplemental Bill of Assurance with respect to the additional property and shall extend the covenants and restrictions of this Bill of Assurance to said additional property and the owners, including PotlatchDeltic, of lots in those additions shall immediately be entitled to all rights and privileges provided in this Bill of Assurance. The Supplemental Bill of Assurance may contain such complementary additions and modifications of the provisions of this Bill of Assurance necessary to reflect the different character, if any, of the added properties as are not inconsistent with the plan of this Bill of Assurance. In no event, however, shall such supplement revoke, modify or add to the covenants established by this Bill of Assurance as to the property herein described. No entity, other than PotlatchDeltic, shall have the right to subject additional Sands to the Corlay Court Neighborhood unless PotlatchDeltic shall indicate in writing that such additional lands may be included. ? Architectural Control. No improvements shall be constructed or maintained upon any lot or Tract and no alteration or repainting to the exterior of any itnptovement, including, but not limited to, walls, retaining walls and swimming pools, shall be made and no landscaping M 13826.0005/8559922 performed unless approved by the Architectural Control Committee as provided for in the Covenants and Restrictions and this Bill of Assurance. 3. Use of Land. The land herein platted 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. 4. Conunon Amenities. The areas designated on the Plat as Tract A, Block 66, and all improvements thereon, including but not limited to, any walls, lighting, drainage, irrigation, pedestrian path, secondary emergency access and landscaped areas shall be maintained by the Corlay Court Property Owners Association, Inc., to the extent they are not the responsibility of the City of Little Rock, Arkansas and except for public utility improvements which are maintained by such public utilities. 5. Deletration of Authority. PotlatchDeltic has caused the formation of the Corlay Court Property Owners Association, Inc., a nonprofit corporation. PotlatchDeltic shall have the right, but not the obligation, by a written instrument recorded in the Office of the Recorder for Pulaski County, Arkansas, to delegate, convey and transfer to such corporation all authority, rights, privileges and duties reserved by PotlatchDeltic in this Bill of Assurance. 6. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance, each owner, other than PotlatchDeltic, of a lot within Corlay Court Neighborhood shall be deemed to covenant and agree to be a member of Corlay Court Property Owners Association, Inc. and to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Corlay Court Property Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the Corlay Court Neighborhood, in particular for the acquisition, servicing, improvement and maintenance of the Tracts, common properties, common area, common amenities and drainage easements within the Corlay Court Neighborhood and facilities which may be hereafter dedicated for use by PotlatchDeltic or otherwise acquired by the Corlay Court Property Owners Association, Inc., which amount together with interest, costs of collection and a reasonable attorney's fee, shall be a continuing lien upon the lot. In lieu of assessments being imposed upon such lots owned by PotlatchDeltic, PotlatchDeltic shall underwrite all reasonable costs for the operation of Corlay Court Property Owners Association, Inc. not covered by assessments paid by owners of non-PotlatchDeltic lots until eighty percent (80%) of all lots are owned by persons or entities other than PotlatchDeltic. Once eighty percent (80%) of all lots are owned by persons or entities other than PotlatchDeltic, the remaining lots owned by PotlatchDeltic shall be subject at the next annual assessment to the same assessments as non-PotlatchDeltic lots. 7. Height and Type of Residence. The residences in Corlay Court shall be of similar size and architectural style so as to create a neighborhood of architectural continuity. All construction shall be approved by the Architectural Control Committee, in its sole and absolute 5 13826.0005/8559922 12. Outlauildin s Prollibitetl. No outbuildings or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Control Committee. 13. Noxious AGtivit No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any garbage, trash, rubbish,tree limabsa.p loi,ss['1 madsoorcommon areas or other refuse be thrown, placed or dumped up y nor on any site unless placed in a container suitTbiuisancge to he neighborhood. arbage pickup-, nor all anything ever be done which may be or become an annoyance o 14. Oil and Mineral Operations No oil drilling, oil development operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, i on or in any ldnor ng shall oil wells, tanks, tunnels, mineral excavations for in boring be rpoil or natural ted gas shall b erected, site. No derrick or other structure des►gned for g maintained or permitted upon any building site. 15. Cess nol • No leaching cesspool shall ever be constructed or used on any lot. 16. Existin Structure. No existing, erected building, on ny of the above -described olots, home or structure of any sort may be moved o placed 17. Tem orar Structure. No trailer, basement, tower, tent, shack, garage, barn or t house and other outbuilding ether than a guesservantshuman habitation, erected hab tation temporarily or permanently,, by these covenants shall at any time be used fc, nor shall any structure of a temporary character be used for human habitation. 18. Easements for Public Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utilityea aria dedic ted,dsaidaeasements being of ande, storm drains storm drainage overflow have heretofore been do widths, reference being hereby made to the Plat f'herw se with for a more rov ded here ns no► trees, shrdescription bbe y, type, width and location thereof. Except as of p built or incinerators, structures, buildings, fences or similar improvements shall be grown, overflow easement. In the maintained within the area of such utility, drainage orsrfences or drainage .milar mpro ements shall event any trees, shrubbery, incinerators, structures, be grown, built or maintained within the area such be liable for the destruct on of sameoirat he engaged insupplying public utility services shall installation, maintenance, repair or replacement of any utility service located within the area of such easement. The Owner of a lot is solely responsible for the existing drainage course across his lot. The Corlay Court Property Owners Association; Inc. is within the easeonly ments granfor ned herein and tenance and replacement of drainage equipment and facilities a described on the Plat that are not the responsibility of the City of Little Rock, and has no 7 13926.0005/9559922 responsibility for the maintenance and repair of any drainage course or equipment located upon those areas of the lot outside the easement. lg. Flilg Poles, Tree Houses. No fences or other enclosure of part of any building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot, ces are in all events strictly prohibited and shall provided, however, that chain link or similar fen not be used under any circumstances ;.provided, further, that it is not the intentions of this paragraph toe exclude the use of by the rchitectural Conr other t of Commery to ittee as provided in paragraph'—) hereof. scape the front yard. Fencing of any type must be approved by the A No flagpoles or tree houses may be erected or installed on any lot. 2a. Sight Line Restrictions. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways, Shall be placed or permitted to remain on any corner lot within the triangular area farmed by the street property lines and a line connecting them at points fifty (50) feet from the intersection of the street lines, or in the case of a rounded property corner, within the triangle Formed by tangents to the curve at its beginning and end, and a line connecting them at points fifty (50) feet from their intersection. No tree shall be h intersections unless the foliage line is maintained permitted to remain within such distances of suc at a height of at least eight (8) feet to prevent obstruction of such sight lines. The same sight line limitations shall apply on any lot within ten feet of the intersection of the street property line with the edge of a driveway or alley pavement. 21. propert. Lines and Boundaries. Iron pins have been set on all lot corners and points of curve and all lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat filed herewith is centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by the established pins, the pins as set shall control. 22. Drivewa Qhstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 23. 5ubdivicliq& Lot. No lot shall be subdivided. 24. bight to Enforce. The restrictions herein set forth as well as those contained within the Covenant and Restriction~ shall run with the land and shall bind the present owner, its successors and assigns. All parties claiming by. through or under the present owner shall be taken to covenant with the owner of the lots hereby restricted, and their respective successors and assigns, to conform to and observe these restrictions. No restriction herein shall be personally binding upon any corporation, person or persons, except with respect to breaches committed during its, his or their term of holding title to said land. PotlatchDeltic, its successors and assigns (for so the long as PotIatchDeltic owns lots w'ithi�nC oand aisok t Property Owners Association, owner oa owners of any of thebut not thereafter), heo rlay rreby Cou 8 13826.0005/8559922 restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure by owner or owners of any lot or lots in this addition to observe any of the restrictions herein. Any delay in bringing such action shall in no event be deemed to be a waiver of the right to do so thereafter. If, in the sole opinion of the Corlay Court Property Owners Association, Inc. ("Association") any Owner or occupant has failed in any of the dutiies or responsibilities reflected in the Covenants and Restrictions or this Bill of Assurance, then the Association may provide written notice of that failure, giving the Owner or occupant ten (10) days from receipt to perform the care and maintenance required. Should any person fail to fulfill this duty and responsibility within the ten-day period, then the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform needed care and maintenance without trespass, conversion erwise any liability for any civil or criminal damages iudinq lessees) or wrongful entry, of any part of the Properotyoon which to any person. The Owners and occupants (in work is performed shall jointly and severally be liable for the cost of the work and shall promptly reimburse the Association for all costs. If the Association has not been reimbursed within thirty l of the owners and (30) days after invaicinp, the inderbstitute a liedness n be a against ebt of the Lot and improvements upon lwhich pants jointly and severally, and shall co work was performed. This lien, as well as any fine hereinafter authorized and imposed by the Board of Directors, shall have the same attributes as the lien for assessments and special assessments set forth in Paragraph 6, and the Association shall have identical powers and rights in all respects, including but not limited to the right of foreclosure. The Board of Directors may pon the Owner which shall constitute a lien on the Owners Lot impose reasonable monetary dines u and all improvements thereon. Modification of restrictions. Any and all of the covenants, provisions or 25. restrictions set forth in this Bill of Assurance may be amended, modified, exteltow Lei Q QWners canceled, in whole or in part, by a written instrument signed and acknowledged by of more than seventy-five percent (75%), as it may exist at such time, including additions made hereto pursuant to Paragraph 1 hereof, of the total lots within the Corlay Court Neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2051, after which time each covenant in this instrument shall be automatically extended for successive periods of ten (10) years unless an instrument terminating the covenants signed by the then owners of seventy-five percent (75%) of the lots in the Corlay Court Neighborhood has been recorded prior to the commencement of any ten-year period. 27. Attorne Fee. in any legal or equitable proceeding for the enforcement of or to restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the rt finds prevailing party or parties shall be entitled or rune f or5equity, shall be cumulativein such amount as the not reasonable. Al! remedies provided for herein, exclusive. 0 13826,000519559922 27. Extension. All covenants for which extension is not otherwise provided s each unless in this instrument, shall automatically be extended for successive periods of ten (10) year modified, terminated or canceled as provided herein. 28. SeverabilitY. Invalidation of any restriction set forth hercin or any part thereof by the any order, judgment or decree of any court or herein, butl not they shall Irdemaate �n ofect full for oany f and other restrictions or any part thereof as set forth effect. >�ul� , EXECUTED this ciay of 2021. POTLATCHDELTIC REAL ESTATE, LLC By: David Meghreblian, Vic resident ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named David Meghreblian, to me well and was who stated he was the Vice President of POTLATCHDELTIC REAL ESTATE, LLC,designated and duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said POTLATCHDELTIC REAL ESTATE, LLC, and further stated and acknowledged that he had so signed, executed, and mentioned and set delivered said foregoing instrument for the consideration, uses and purposes therein h. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of 2021. Notary ublic My Commission Expires: BE17ycAnmtCtL SALIN& COUNTY COl1A4ISSlON A 12385799 NOTARY PUBLIC-ARKANSAS L CU�1i1i1a510N EXPIRES FEBili1AEYY Pr.I0S2 PAVWW onlyfotWusim of minimum standards nguued by tfw City of Me Rack subdivision regulatiom 10 Bill of Assurance provisions astablishod by 1ho developer may exceed minimum, requiations of tho t 3926.0005/9559922 Litfla P4* subdvlsion and zoning ordinances. 7 `� at �• liRireFEE& RW144-cornmlbsion o� LITTLE . City of Little Rock IM Planning and Development PLANNING & DEVELOPMENT Filing Fees 10/17 20 22 Date — $ Annexation Board of Adjustment $ Cond Use Permit/T UP $ Easement Abandonment Final Plat Planned Zoning Dev $ 915.00 Preliminary Plat Special Use Permit $ Rezoning Right -of -Way Abandonment Site Plans Street Name Change Street Name Signs Number at ea $ Public Hearing Signs Number 1 at 5 ea File No S-867-P(9) Location Chenal Valley- Phase 18-L Applicant White-Daters By M. Moore - $ Total $ 915 y� _ City of Little Rock Planning and Development Filing Fees Date 10/17 Annexation Board of Adjustment Cond Use Permit/T UP Easement Abandonment Final Plat Planned Zoning Dev Preliminary Plat Special Use Permit Rezoning Right -of -Way Abandonment Site Plans Street Name Change Street Name Signs Number at ea Public Hearing Signs Number 1 at 5 ea 20 22 File No S-867-P(9) Location Chenal Valley- Phase 18-L Applicant White-Daters By M. Moore ok UTTLF,Q G� E% i PLANNING & DEVELOPMENT $ $ 915.00 $ Total $ 915 discretion, as further provided for in paragraph 2 of this Bill of Assurance. No residence shall be erected, altered, placed or permitted to remain on any lot in the Corlay Court Neighborhood other than one detached single-family residence not to exceed two stories in height unless the Architectural Control Committee has approved in writing a residence of a greater height. 8. Setback Requirements. No residence shall be located on any lot, other than Lots 9, 10, and 31 thru 41, Block 66, nearer to the front lot line or the side street line than twenty-five (25) 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 residence shall be located on Lots 9, 10, and 31 thru 41, Block 66, nearer to the front lot line or the side street line than twenty (20) feet, provided, such setback requirement 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 seven (7) feet. No principal dwelling shall be located on any lot nearer than twenty-five (25) feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building. Where two or more lots are acquired as a single building site, the side building lines shall refer only to those bordering the adjoining property owner. 9. ?Minimum S uare Feet Area. No residence shall be constructed or permitted to remain on any building site in the Corlay Court Neighborhood unless the finished heated living area, exclusive of porches, patios, garages, breeze ways, exterior stairways, porte cocheres, storage areas and outbuildings, shall equal to or exceed that shown in the following schedule: One Story Multi -Story Lot Number Minimum S . Ft. Minimum Sq. Ft; All Lots 1,800 2,200 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. 10. Fronta a of Residence on Streets. Any residence erected on any lot in the Corlay Court Neighborhood shall front or present a good frontage on the streets designated in the Plat, and for this purpose as applied to all inside lots, it shall mean that the residence shall front on the street designated, and on any corner lot it shall mean that the residence shall front or present a good frontage on both of the streets designated in the Plat. 11. Commercial Structures. No building or structure of any type may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to the Corlay Court Neighborhood. 13826.0005/8559922