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HomeMy WebLinkAboutS-01522-B Application"`""""' •;. 2008069987 Received: 10/16/2008 9:00:10 AM ',��' ,'_•� � •`: V' ., Recorded: 1011612008 09:04:56 AM Filed & Recorded in Official Records of PAT O'BRIEN PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $75.00 BILL OF ASS1 P aNCE VISTA POINTE SUBDIVISION A r City of Little Rock. Pulaski County, Arkansas PART A. PREAMBLE -2— OD$ D WHEREAS. Hometex Pulaski, LLC is the owner and developer, (herein -Developer.") of the following described land situated in Pulaski County. Arkansas to wit: LEGAL DESCRIPTION: See Exhibit "A" attached WHEREAS. it caused said land to be surveyed and a plat thereof made by The Sentinel Group. L.L.C.. a certified engineer, dividing said land into lots and streets, a,s shown on said plat and showing the dimensions of each lot and the width of the streets as shown on said plat for the purpose of making said land an addition known as Vista Pointe Subdivision, a subdivision in the City of Little Rock. Pulaski County, Arkansas. NOW THEREFORE. Developer, in consideration of the purposes herein ;t„tad. does hereby des'(, e said land above described as shown by said plat; which is hereto attached and made a part hereof as Vista Pointe Subdivision, a subdivision to the City of Little Rack, Pulaski County, Arkansas. hereinafter referred to as the Subdivision" or an "Addition," and that hereafter any conveyance by the owners of said land by lot number shall forever be held to be a good and legal descriptions, and the :streets shown on said plat in said Addition are hereby dedicated as public streets for the irs and benefit of the public as such. The use of the land in said Addition being subject of tk(f lollowini-, Protective and Restrictive Covenants: PART ). AREA OF APPLICATION: 13-1 . FULLY PROTECTED RESIDENTIAL AREA: The residential area covenants in Part C in their entirety shall apply to the entire Addition, except for area designated as common area. In the event that anv of the land shown as common area ceases to be used for that purpose. then said lands will be subject of the covenants in Part C hereof. Additions To Existing Prosy (A) Additional lands of the Developer may become subject to these covenants and restrictions in the folloNxing manner: The Developer shall have the right but not obli�(lation to bring within the plan of this Declaration additional properties, regardless of whether or not the properties are presently owned by the Developer, in future stages of the development. provided that such additions are in accord with the general plan of the Jlov lopment (the "General Plan") which has been prepared prior to the date of these covenants and restrictions and prior to the sale of any Lot and is maintained in the office r of Declarant. and provided such proposed additions. if made. will become subject to assessments of the improvement district identified below in B-2 and the Association for thcir share of expenses. UNDER NO CIRCUMSTANCES shall these covenants and restrictions or any supplement or the General Plan bind the Developer to make the proposed additions or to adhere to the Plan in any subsequent development of land shown on the General Plan. Nor shall the Developer be precluded from conveying lands in the General Plan not subject to these covenants and restrictions or any supplement. (B) The additions authorized shall be made by filing of record a Supplemental Bill of Assurance with respect to the additional property which shall extend the plan of the coN enants and restrictions of this Bill of Assurance to the additional property. and the owners. including the Developer of lots in those additions shall immediately be entitled to all rights and privileges provided in this Bill of Assurance. (C) The Supplemental Bill of Assurance may contain those complimentary additions and modifications of the covenants and restrictions contained in 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 within the Subdivision. (D) No one other than Developer shall have the right to subject additional lands to this Bill of Assurance unless Developer shall indicate in writing to the property owners association that such additional lands may be included. B-2. All Lots in the Subdivision in addition to being bound by this Bill of Assurance are also within the Vista Pointe Municipal Multipurpose Property Owners' Improvement District No. 2007-303 of Little Rock. Arkansas (the "District".) The Developer has determined that the establishment of the District is beneficial for the Subdivision. As such. all Lots in the Subdivision are subject to the matters established thereby and therein including but not limited to, assessments to enable the District to accomplish the purposes set out therein which the Property Owner agrees shall include, without limitation, the acquisition of Common Areas, the maintenance, preservation, improvement, management Mid servicing of the Subdivision Common Areas and improvements thereto and maintenance of any Private Limited Common Areas as the District's Commissioners deem appropriate. Each Lot Owner in the Subdivision, by purchasing or otherwise owning a Lot in the Subdivision aurees to and acknowledges that any such Lot shall be subject to annual assessments levied by the District in whatever amounts the District's Board of Commissioners determine on behalf of the District. In connection therewith the District shall or may maintain such policy or policies of liability and fire insurance with respect to any Common Areas and personal property; if any. owned by the District as the District's Commissioners deem appropriate; grant easements. rights of way, or strips of land where necessary for utilities and sewer (tcilities over the Common Areas to serve the Common Areas and the Lots; and, levy 11istrict assessments as the District deems appropriate. Such assessments shall create 2 liens upon the Lots assessed similar in priority as ad valorem taxes which liens shall be subject to the foreclosure of the Lots and improvements thereon for nonpayment as provided by the Arkansas Property Owners' Improvement District Lave of Arkansas. Exempted from the District's assessments are all property dedicated to and accepted by a local public authority if any part of the Subdivision property is subsequently so dedicated and the Common Areas but not any Private Limited Common Areas. t'se of the Common Areas shall be subject to such reasonable Rules and Regulations as may be hereafter established by the District's Board of Commissioners and as amended thereafter from time to time. The District and the Association may. at the direction of their respective Board of Commissioners and Board of Directors, contract or otherwise agree for the District to perform duties and responsibilities of the Association and for the Association to perform duties and responsibilities of the District. A property owners association. Vista Pointe Property Owners Association, Inc. (the "Association"), has also been established for the benefit of the Subdivision as provided in its articles and by-laws. Annual or other assessments are, or can be, levied thereunder. Each Lot Owner in the Subdivision, by purchasing or otherwise owning a Lot in the Subdivision. agrees to and acknowledges that any such Subdivision Lot so owned shall he subject to such assessments when levied, in whatever amounts such property owners association may determine. In lieu of assessments being imposed upon such lots owned by the Developer, the Developer shall underwrite all reasonable costs for the operation of the Association not covered by assessments paid by owners of lots other than Developer until the Developer elects to be assessed by the Association the same as all other owners of lots in the Subdivision on the lots it owns and thus be relieved of having to pay all reasonable costs for the operation of the Association. Assessments levied and not paid within 90 days of date invoiced shall become a lien on said Lot. The District may, but Shall not be required to. convey and relinquish control over all or some of the "Common AreL_s" within the Subdivision or any subsequent phases which may be developed to the property owners Association and may assume or agree to perform some functions undertaken by the Association. PART C. RESIDENTIAL AREA COVENANTS: C-1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No business of any nature or kind shall at any time be conducted in any building located on any of said lots. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height. excluding basement area. All dwellings that have a front- loadin- garage will be for a minimum of two car garages. Side or rear loading garages will be a minimum of a two car garages. No chain link fences shall be permitted on any lot in said Addition. All privacy fence posts shall be inside the fence. No fences shall be constructed across open drainage ditches that will impede the flow of storm water runoff. Foundations on front of houses are required to be veneered with brick or rock unless Mllerw-ise approved by the Architecture Control Committee. Signs advertising fence companies are prohibited unless otherwise approved in writing by the Architectural Control Committee. No lot can be subdivided. C-2. ARCHITECTURAL CONTROL. No dwelling or structure shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure, including landscaping, have been approved by the .'Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures. and as to location with respect to topography and finish grade elevation. and intended objectives of the Architectural Control Committee to achieve a subdivision that accomplishes the desired architectural design in the structure and subdivision esthetics. No fence or wall shall be erected, placed, or altered on any lot nearer than 25 feet to any street. except for decorative fences or walls approved by the Architectural Control Committee. The term structure is defined to include any and all types of fences. antennas. decks, basketball goals, swimming pools, and television satellite dishes. ��hich in no event shall be placed in front of dwelling, and at the side of dwellin-s that have side streets. Each property owner requesting approval shall submit to the Architectural Control Committee at least two weeks prior to the time approval is needed. a complete set of house plans, a complete material and specification list and a complete landscape plan, which shall specifically identify on the plan all trees to remain, each tree to remain shall be tied with a ribbon. Specifications shall include window type and finish color, front door style. exterior house paint colors and roof color, roof pitch and porch posts or column diameter and style of post. Other than rock or brick, the following materials are acceptable for use as exterior siding: redwood, Cyprus, fir or treated pinewood in 12 inches or narrower widths and masonite, hardboard, overlaid 1 iherboa:•d or chip board manufactured siding of `/ inches minimum nominal thickness in 12 inches or narrower widths. Vinyl siding varying in widths including triple 3 and vinyl/aluminum sophfit and trim materials are approved. Any other exterior siding material must be approved by the Architectural Control Committee. Sheathing under siding shall be '/ inches nominal thickness wafer board or exterior plywood or sandwiched foam hardboard. Sheathing shall be installed in accordance with FHA standards over 4 inches minimum studs at 24 inches OC maximum spacings. Approval shall be as provided in Part D. C-3. DWELLING COST. QUALITY AND SIZE. No dwelling shall be permitted on any lot at a cost of less than fifty dollars ($50.00) per square foot of heated space, based upon cost levels prevalent on the date these covenants are recorded, it being the intention and purpose of the covenants to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded. at the minimum cost stated herein for the permitted dwelling size. The square footage requirements for the main structure are 1,800 minimum square feet and unlimited maximum square feet for both single and multilevel homes. A multilevel home must have 1,000 square feet on the main floor. These square footage requirements are heated and cooled area exclusive of garages and porches. Special consideration may be given to hillside construction and basement structures that 4 may vary from the stated footage requirements above, the total minimum footage will never be less than 1,800. It shall be the Architectural Control Committee that will determine the approval of this matter. C-4. BUILDING LOCATIONS. No building shall be located on any lot, nearer to any street line, than the minimum set back lines shown on the recorded plat. No building shall be located nearer to an interior lot line than the minimum shown on recorded plat. No dwelling shall be located on any interior lot, nearer than 25 feet to the rear lot line. For the purposes of this covenant, eaves, steps and open porches shall not be considered as part of the building. No more than one dwelling shall be permitted on any one lot. No lot shall be divided. C-5. LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than 60 feet at the minimum set back line as shown by said plat. C-6. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Recorded Plat. No building shall be erected in the easement areas. Fences may be built only in easement areas where water runoff will not be impaired. C-7. NUISANCES. No noxious or offensive activities 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 neighborhood. C-8. TEMPORARY STRUCTURES. No structures of a temporary character, motor home, manufactured home, trailer, basement, tent, shack, garage, barn, or other building other than a conventional or site constructed single family residence may be used on any lot at any time as a residence either temporarily or permanently. Builder or Developer may have a working office in the Subdivision if approved by the Developer and the Architectural Control Committee. C-9. OUT BUILDINGS. One building for storage shall be permitted, if approved by the Architectural Control Committee and shall conform to the same architectural design and construction of the dwelling. Above ground swimming pools are prohibited. C-10. SIGNS. No sign of any kind shall be displayed to the public view on any lot, except, one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent or signs used by the builder to advertise the property during the construction and sales period. C-11. OWNER RESPONSIBILITY. Any property owner shall insure that any contractor performing services for the property owner shall comply with the provisions of this Bill of Assurance. C-12. CONTRACTOR RESPONSIBILITY. No contractor shall damage in any way the utilities or streets in any manner. 5 C-1 3. OIL AND MINING OPERATIONS. No oil drilling. oil development operations. oil refining. quarrying or mining operations of any kind shall be permitted upon or in any lot. nor shall oil wells. tanks. tunnels. mineral excavations or shafts be permitted upon or in anv lot. No derrick or structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. C-14. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised. bred or kept on any lot except. that dogs, and cats, may be kept on any lot. provided, that they are not kept. bred or maintained for any commercial purpose and provided. that facilities for maintenance of same are approved by the Architectural Control Committee and that the keeping of same does not constitute a nuisance. Hunting does and pit bull dogs or pit bull dog mixed breeds and other dogs of probable vicious tendencies are prohibited. No dog pens are permitted. Owners of dogs will daily remove uog waste to a proper receptacle. C-1 5. GARBAGE AND REFUSE DISPOSAL. No lot or easement shall be used or maintained. as a dumping aground for rubbish. Trash, garbage and other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition, and not be permittecl at anytime at a location which is visible from the front of the lot or side of the lot if the lot has a side street other than the day designated for trash pickup by the vendor. C-16. UTILITIES. All utilities shall be underground. C-17. WATER SUPPLY. No individual water supply system shall be permitted on any lot. + -1 S. PRIVATE SEWER SYSTEM. All Sites in Vista Pointe shall be served by a saiiitar\ sewer system of the quality, kind and capacity as approved by the Arkansas Department of Health and the Association. All Sites must utilize the system and no Sites may utilize, to any degree, any alternative system. The Vista Pointe sewer system will be 0XViied by the Association or its designee and includes the sewer improvements in the Subdivision but does not include the lines and grinder pumps located on the Sites, which belong to the Site owner. The operation. maintenance, repair and replacement of the Vista Pointe sewer collector system shall be performed by a qualified operator with whom the District shall contract for such services and performances. The grinder pump(s) for each Site shall be installed by the District's designated contractor and the cost ofthe pump(s) and the installation thereof shall be charged to and paid for by the Site Owner. After installation of the grinder pump and the exterior sewer lines on each Site. the maintenance. repair and replacement thereof, including service calls for problems. shall be performed by the District's designated contractor for those purposes, the cost of which shall be paid by the Site Owner. Any provider of such services and peri-ormance shall have the tree rq!ht of access to the sewer collector lines located within Vista Pointe and any Site outside the residence thereon for the purposes of servicing the sewer lines and pumps and an easement for such access is reserved unto the District. 2 I All Subdivision property owners shall connect their sewage systems to the system owned by the .Association and remain connected. The basic fees to maintain the system will be determined and collected annually by the Association through the Vista Pointe Municipal Multipurpose Property O,,vners' Improvement District No. 2007-303 of Little Rock. Arkansas by assessments collected by the Pulaski County Collector. The amounts to be collected shall be in sufficient amounts to cover anticipated maintenance, repair and replacements needed to the system including the establishment of an administrative maintenance. repair and replacement reserve. Assessments levied for those purposes or specific other charges assessed against a Site Owner for misuse of or negligence to the system shall be due and payable to the Association or its designee upon receipt of notice of the charges. Failure to pay shall constitute a lien upon the Site whose Owner refuses to pay and payment shall be enforced by legal proceedings with or without resort to f0-,CC10SLlre, including the 1'l(Tht to prevent or enjoin the continued use of the system for non payment. By purchase of a Site in the Subdivision, each Site Owner consents to the terms. covenants. conditions. levies and restrictions provided herein. C-19. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any lot corner within the triangular area loaned by the street property lines and the line connecting them at points 15 feet from the intersection of street right of way lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line 1 imitations shall apply on any lot within 10 feet from the intersection of the street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances or such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. C -20. LAND NEAR PARKS AND WATER COURSES. No building shall be placed nor shall any material or refuse be placed or stored on any lot within 10 feet of the property line or any part or edge of any water course. except that clean fill may be placed hearer a water course provided that the natural water course is not altered or blocked by such iill. C-21. BUILDERS. All building must be performed by competent builders. Lot owners shall submit the name and qualifications of the builder selected to construct a dwelling, Who must be approved and a statement stating such approval included with Exhibit "A" hereto attached. Tile Architectural Control Committee reserves the right to submit for approval the name of any contractor selected by a property owner to an architect of the choosing of the Architectural Control Committee. C-22. LOT, YARD AND HOME MAINTENANCE. All property owners after acquisition of Lots from the developer, shall sod or seed all lawns between the front of each house and the street and side yards and shall keep all grounds and yards mowed, trimmed and clean. and all houses painted and stained. No deviation from the original plans shall be permitted without approval of the Architectural Control Committee. 7 e C-2131. COMMENCEMENT OF CONSTRUCTION. A property owner must start construction of an approved dwelling within a period of two (2) years from the date a Warranty Deed is executed and delivered by the Developer to the property owner. The Developer reserves the option to repurchase any lot for the amount of the original purchase price if construction is not commenced within such period of time. This option shall be exercised in writing within a period of thirty (30) days after the two (2) year period. C-24. COMPLETION OF CONSTRUCTION. Any dwelling must be completed in its entirety within a period of one year from date such construction is commenced. C-25. MOTOR VEHICLE ENTRANCES AND DRIVES. Driveways shall be constructed only of concrete. Drive ways and sidewalks to be constructed and finished b� Professional Concrete Finisher. C-26. STREETS AND ROADVdAYS. All roadways shall be constructed of asphalt or concrete and shall be curbed and guttered. C-27. CURB CUTS. The placing of concrete or asphalt in the curbs shall not be permitted. Curb cuts will be ailo,,ed on an individual basis by the Architectural Control ci)mmittee as then deem necessary and in compliance with city regulations. C-28. COMMON AREAS. All common areas as shown on plat, including but not limited to entryways. shall be constructed and maintained by the Developer for a period Of two years. unless otherwise transferred at the discretion of the Developer to the Property Owners' Association or improvement district, after which time said areas shall he the sole responsibility of the Property Owners' Association or the District. C-20i. PRIVATE LIMITED COMMON AREAS. The Private Limited Common Areas as indicated on the Final Plat are not easement ways but are the private property of the O\vner and subject to the Owner's use and also subject to the sidewalk. utility, drainage and access easements located within the Private Limited Common Areas. The Private Limited Common Areas are restricted to be maintained, landscaped and preserved in the furtherance of the beautification and esthetics of the Subdivision. The private limited common areas may be maintained at the discretion of the Association or the District. The Private Limited Common Areas exist essentially from the street right of way to the front of any dwelling or privacy fence extending from the dwelling to an interior lot line. C-30. WATER RETAINAGE AREAS. All areas designated as water retainage areas shall be constructed and maintained by the Developer for a period of one year or the acceptance of streets and drainage easements for maintenance by the City of Little Rock, after which time said areas shall be transferred to either of the districts or the property owners association and be their sole responsibility. C-31. MOTORVEHICLE PARKING. .Abandoned or unused motor vehicles shall not be parked or permitted to remain on any lot or within the dedicated street. Boats, recreational vehicles and trailers cannot be parked in the dedicated street. Owners or permanent residents may only park in gara(yes or on their own driveway or other such paved area as approved by the Architectural Control Committee. Parking in the street is prohibited for owners or permanent residents. All boats. RV. and other recreational vehicles or trailers must be parked behind a front privacy fence and not in view of the street. C-32. MINIMUM FLOOR LEVEL ELEVATION. The Architectural Control Committee reserves the right to prescribe the minimum floor elevation for Lots. C-33. TREE PRESERVATION. It is the intent of the Developer to develop a Subdivision with the preservation of trees to provide shade and privacy; therefore Buyers are expressly prohibited from removing trees not designated for removal in an approved landscape plan. It is the intent of the Developers that Buyers protect trees that could be damaged by construction equipment. The Architectural Control Committee reserves the right to approve any contractor removing trees from any lot. Trees may be topped or removed at the rear of the property to enhance the owners view upon approval from the Architectural Control Committee. C-34. MAILBOXES. Mailboxes shall be of the design, color and construction described bA the Architectural Control Committee. Newspaper boxes or other receptacles for deposit of newspapers and circulars are prohibited. C-35. EXTERIOR LIGHTING. All exterior lighting must be approved by the -lrchitectural Control Committee. PARTI). ARCHITECTURAL CONTROL COMMITTEE D-1. MEMBERSHIP. The Architectural Control Committee is composed of Douglas W. Loftin. Jr. and Cindy Loftin. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The members of this committee shall in no event be personally liable or responsible to any owner in this Addition for their actions. D-?. PROCEDURE. The committee's approval or disapproval as required in these covenants shall be in writing. and in the form hereto attached marked Exhibit "B", which when executed must be recorded. In the event the committee or its designated representative fails to approve or disapprove within 30 days after plans and specifications have been submitted to it or in the event no suit to enjoin the construction or compliance with these covenants has been commenced within 180 days after the commencement thereof. approval will not be required and the related covenants shall be deemed to have been fully complied. The. Committee will with Buyers' permission and at the expense of the Buver refer Buyer's Plan to an architect for revisions and changes to comply with this Bill of Assurance. 0 PART E. GENERAL PROVISIONS E-I. TERM AND AMENDMENT. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded after which time, said covenants shall be automatically extended for successive periods of ten years, subject to the express provision that these covenants may be amended at any time after the date of execution hereby by an instrument sianed by the members of the Architectural Control Committee and Developer. until such time as title to all lots owned by Developer have been sold or Developer conveys such rights to the Architectural Control Committee. After the time of resignation of Developer. any amendment to Bill of Assurance will have to be approved by the owners of 75% of the lots. Any building set back line may be changed. amended and altered solely by the Architectural Control Committee. L'-2. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against ,any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damages and may be pursued by any lot owner. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Dated this 2 day of SA 4�� ri�� v� .2008. Reviewod only tar inclusion of minimum standards required by the City of Line Rock eubdivision regulations. HOMET X PU ASKI, LLC. Bill of Assurance provisions cMablished by ,,Y. develcper m2y excred mirinum. r�ulation:� e1 the Little Rock subdivision and toning ordinance^ B}' �� 1 f� Douglas L in Jr Managing Member ity of Little Rock Planning Commission ACKNOWLEDGEM NT STATE OF ARKANSAS COUNTY OF PULASKI BE IT REMEMBERED, that on this day came before me, the undersigned, a Notary Public within and for the County aforesaid duly commissioned and acting, Douglas W. Loftin. Jr. to me well known as the managing member of the developer and stated that he had executed the above Bill of Assurance for Hometex Pulaski. LLC for the consideration and purposes therein mentioned and set forth. 7tk) WITNESS, my hand and seal as such Notary Public y Of �c,-VLbe2 2008. /� �� Tinaa Nolary Public My Commission expires: A.b c,�r"m F+0 r , i S �� Xxotary P'10NO g 4 e5� 1i-i EXHIBIT 'B" CERTIFICATE OF APPROVAL The Architectural Control Committee of Vista Pointe. Phase I. does hereby approve the plans and specifications submitted by dated . ?0 . for construction of a single family dwelling and improvements to be located and performed on Lot . Phase , Vista Pointe. Phase I. and Addition to the City of Little Rock, Pulaski County. Arkansas and does hereby approve as the Contractor to construct such dveiling. Dated this date of ARCHITF,CTURAL CONTROL COMMITTEE EXHIBIT "A" VISTA POINTE SUBDIVISION LEGAL DESCRIPTION BOUNDARY THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 SOUTH, RANGE 13 WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 14 WEST, THENCE S87°17'14"E A DISTANCE OF 290.54 FEET TO THE POINT OF BEGINNING, THENCE N23036'29"E A DISTANCE OF 268.48 FEET, THENCE N44037'56"E A DISTANCE OF 536.37 FEET, THENCE N56°20'08"E A DISTANCE OF 328.55 FEET, THENCE N27016'17"E A DISTANCE OF 599.42 FEET, THENCE N69047'56"E A DISTANCE OF 22.93 FEET, THENCE N22009'55"W A DISTANCE OF 60.04 FEET, THENCE N69047'56"E A DISTANCE OF 1.15 FEET, THENCE N07055'43"W A DISTANCE OF 219.05 FEET, THENCE N17053'49"E A DISTANCE OF 276.69 FEET, THENCE N55013'02"E A DISTANCE OF 301.72 FEET, THENCE S51 °38'35"E A DISTANCE OF 299.04 FEET, THENCE S06001156"W A DISTANCE OF 186.60 FEET, THENCE S15057'23"W A DISTANCE OF 99.43 FEET, THENCE S53046'37"E A DISTANCE OF 465.30', THENCE S39001'11"E A DISTANCE OF 134.20 FEET, THENCE S21040'11"E A DISTANCE OF 196.24 FEET, THENCE S28032'47"W A DISTANCE OF 307.06 FEET, THENCE N81015'21"W A DISTANCE OF 269.47', THENCE N30044'11"W A DISTANCE OF 148.86 FEET, THENCE N56007'57"W A DISTANCE OF 164.27 FEET, THENCE S27016'17"W A DISTANCE OF 550.85 FEET, THENCE S39021'38"W A DISTANCE OF 264.36 FEET, THENCE S65042'36"W A DISTANCE OF 240.53', THENCE S46008'49"W A DISTANCE OF 69.24 FEET, THENCE S85012'54"E A DISTANCE OF 250.72 FEET, THENCE S450431361W A DISTANCE OF 79.43 FEET, THENCE N85012-54"W A DISTANCE OF 251.50 FEET, THENCE S46008'49"W A DISTANCE OF 190.22 FEET, THENCE N89017'14"W A DISTANCE OF 545.34 TO THE POINT OF BEGINNING, CONTAINING 34.42 ACRES, MORE OR LESS. GREENSPACE TRACT A THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 SOUTH, RANGE 13 WEST,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 14 WEST, THENCE S89017'14"E A DISTANCE OF 290.54 FEET TO THE POINT OF BEGINNING, THENCE N23036'29"E A DISTANCE OF 268.48 FEET, THENCE N44037'56"E A DISTANCE OF 536.37 FEET, THENCE N5602010811E A DISTANCE OF 328.55 FEET, THENCE N27016'17"E A DISTANCE OF 599.42 FEET, THENCE N69047'56"E A DISTANCE OF 50.83 FEET TO A POINT ON A CURVE WHOSE LENGTH IS 21.98 FEET AND RADIUS IS 220.00 FEET AND BEARING IS N72039'41"E AND CHORD LENGTH IS 21.97 FEET, THENCE S27016'17"W A DISTANCE OF 665.27 FEET, THENCE S56020'08"W A DISTANCE OF 336.39 FEET, THENCE S44037'56"W A DISTANCE OF 521.97', THENCE S23036'29"W A DISTANCE OF 238.09 FEET, THENCE S89017'14"E A DISTANCE OF 54.32 FEET TO THE POINT OF BEGINNING, CONTAINING 2.00 ACRES, MORE OR LESS. GREENSPACE TRACT B THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 SOUTH, RANGE 13 WEST,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 14 WEST, THENCE S89"17'14"E A DISTANCE OF 290.54 FEET, THENCE N23036'29"E A DISTANCE OF 268.48 FEET, THENCE N44°37'56"E A DISTANCE OF 536.37 FEET, THENCE N56020'08"E A DISTANCE OF 328.55 FEET, THENCE N27016'17"E A DISTANCE OF 599.42 FEET, THENCE N22009'551W A DISTANCE OF 60.04 FEET TO THE POINT OF BEGINNING, THENCE N07°55'43"W A DISTANCE OF 219.05 FEET, THENCE N17053'49"E A DISTANCE OF 276.69 FEET, THENCE N55013'02"E A DISTANCE OF 301.72 FEET, THENCE S5103813511E A DISTANCE OF 299.04 FEET, THENCE S06001'56"W A DISTANCE OF 186.60 FEET, THENCE S15°57'23"W A DISTANCE OF 99.43 FEET, THENCE S53046'37"E A DISTANCE OF 465.30', THENCE S39001'11 "E A DISTANCE OF 134.20 FEET, THENCE S21040'11"E A DISTANCE OF 196.24 FEET, THENCE S280321471W A DISTANCE OF 307.06 FEET, THENCE N81°15'21"W A DISTANCE OF 269.47', THENCE N30044'11"W A DISTANCE OF 148.86 FEET, THENCE N56007'57"W A DISTANCE OF 164.27 FEET, THENCE S27016'1T W A DISTANCE OF 550.85 FEET, THENCE S39021'38"W A DISTANCE OF 264.36 FEET, THENCE S65042'36"W A DISTANCE OF 240.53', THENCE S46008'49"W A DISTANCE OF 69.24 FEET, THENCE S85012'54"E A DISTANCE OF 250.72 FEET, THENCE S45043'36"W A DISTANCE OF 79.43 FEET, THENCE N85012'54"W A DISTANCE OF 251.50 FEET, THENCE S46008'49"W A DISTANCE OF 190.23 FEET,THENCE N890171141W A DISTANCE OF 71.25 FEET, THENCE N46008'49"E A DISTANCE OF 398.76 FEET, THENCE N65042'36"E A DISTANCE OF 237.44 FEET, THENCE N39021'38"E A DISTANCE OF 247.36 FEET, THENCE N27016'17"E A DISTANCE OF 601.67 FEET, THENCE S56007'57"E A DISTANCE OF 231.65 FEET, THENCE S30044'11"E A DISTANCE OF 136.54 FEET, THENCE S81015'21"E A DISTANCE OF 210.74 FEET, THENCE N28032'47"E A DISTANCE OF 248.49 FEET, THENCE N21040111 "W A DISTANCE OF 165.18 FEET, THENCE N39-01-11"W A DISTANCE OF 120.09 FEET, THENCE N53046'37"W A DISTANCE OF 493.67 FEET, THENCE N15°57'23"E A DISTANCE OF 129.93 FEET, THENCE N06001'56"E A DISTANCE OF 154.73 FEET, THENCE N51 °38'35"W A DISTANCE OF 234.42 FEET, THENCE S55013'02"W A DISTANCE OF 247.74 FEET, THENCE S17053'49"W A DISTANCE OF 248.35, THENCE S07055'43"E A DISTANCE OF 197.61 FEET TO A POINT ON A CURVE WHOSE LENGTH IS 22.19 FEET AND RADIUS IS 280.00 FEET AND BEARING IS S72004'10"W AND CHORD LENGTH IS 22.19 FEET, THENCE S69047'56" A DISTANCE OF 29.96 FEET TO THE POINT OF BEGINNING, CONTAINING 5.37 ACRES, MORE OR LESS. QThe Sentinel Gron LLC Civil Engineering - Development - Planning - Project Management September 30, 2008 To: Little Rock Planning Department Attn: Donna James 723 W. Markham St. Little Rock, AR 72201 Subject: Final Plat Submittal —Vista Pointe Subdivision, City of Little Rock, Arkansas Ms. James: Our office is submitting the final plat package for the subject development and request the city's approval. Attached are three (3) copies of the final plat and one (1) copy of the Bill of Assurance for this subdivision. Also enclosed is a check for the submittal fee in the amount of $828.00 ($600.00 for 40 or more acres plus $4.00 per lot times 57 lots). We appreciate your time and consideration in this matter. We have enjoyed working with you on this project and appreciate all the assistance you have provided. If you have any questions or require additional information, please contact me at (501)317-2547 or by e-mail at eekrebs@sentinelgroupusa.com. Sincerely, :- - /Z ric E. Krebs, P.E. 305 Pinnacle Drive o Bryant, AR 72022 o (501)912-0029 - sentinel@sentinelgroupusa.com UThe Sentinel GrOUD, LLc Civil Engineering - Development o Planning - Project Management September 30, 2008 To: Central Arkansas Water Attn: Dale Kimbrow 221 E. Capitol Ave Little Rock, AR 72202 Subject: Final Plat Submittal —Vista Pointe Subdivision, City of Little Rock, Arkansas Mr. Kimbrow: We are submitting the final plat for this development to the Planning Department for approval. In addition, we were notified that we needed to provide a copy of the final plat to your office for review/approval as well. Attached is a copy of the final plat. Please provide this copy, stamped and signed as "approved", to Ms. Donna James with the Planning Department at 723 W. Markham St, Little Rock, AR 72201, at your earliest convenience. We appreciate your time and consideration in this matter. We have enjoyed working with you on this project and appreciate all the assistance you have provided. If you have any questions or require additional information, please contact me at (501)317-2547 or by e-mail at eekrebs@sentinelgroupusa.com. Sincerely, ric E. Krebs, P.E. 305 Pinnacle Drive - Bryant, AR 72022 - (501)912-0029 - sentinel@sentinelgroupusa.com Page 1 of 1 James, Donna From: Jim Boyd Dim.boyd@lrwu.com] Sent: Friday, October 10, 2008 11:42 AM To: James, Donna Cc: The Sentinel Group, LLC Subject: Vista Pointe Subdivision Final Plat Donna, LRW has no objection to the filing of the Final Plat on Vista Pointe. The sewer is in and will be have final acceptance next week. James Boyd, P.E. Engineering Supervisor Little Rock Wastewater *11 Clearwater Drive Little Rock, AR 72204 Office 5o1-688-1414 Mobile 501-352-0390 email jim.boyd@lrwu.com 10/ 10/2008 CIVIL ENGINEERING DIVISION FINAL PLAT ,FILING APPROVALS NAME —VISTA POINTE SUBDIVISION INSPECTOR REPORT I have made a final inspection of the improvements and find that: J'RivA-re- Scars - ❑PV. All improvements shown on construction drawings for th re constructed and in conformance with City requirements/stan.dards.No iN-r't'-e-,oR-Z P rr-ra+3s ^n Certain Improvements remain uncompleted and a punch list has been prepared and sent. =�Q"Y-Q Engineering Specialist Date: 10�2ioz ADDRESSING SPECIALIST'S REPORT I have revie d the plat and find that the street names and street configuration are acceptable. ram, Addressing Specialist Date: %Q'I� DC! TRAFFIC ENGINEER REPO I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage and street lights. Indicate the number of street signs ordered for this plat for billing to developer Certain improvements remain uncompleted and a punch list has been prepared and dent. Traffic Engineer Date191031 CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied. Vim" e?� Civil Engineer I/II Date: ®� SURVEYOR'S REPORT I have reviewed the plat and find that: c� All requiremen al plat -approval have been satisfied. Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. �c r:�)' ` Date: �� D Design Review Engineer/Civil Engineering Manager February 2007 Date: City of Little Rock Planning and Development Filing Fees Date , 20',� Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ Final Plat $ Planned Unit Dev $ Preliminaiy Plat $ Special Use Permit $ Rezoning $ Site Plans $ Street Name Change $ Street Name Signs Number at ea $ Public Hearing Signs Number at ea $ Total $ �' A . 06 File No Location 9 AppliFmt