HomeMy WebLinkAboutS-1653 ApplicationPrepared By:
William P. Allison, Esq.
Allison Law Firm, P.A.
1501 North University Ave., Suite 220
Little Rock, Arkansas 72207
501-664-2300
2010018138 Received: 4/1/2010 2:51:45 PM
Recorded: 04/01/2010 02:55:56 PM Filed &
Recorded in Official Records of PAT O'BRIEN
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $75.00
DECLARATION OF RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
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THAT WHEREAS, C.J. PACE CONSTRUCTION, LLC, an Arkansas limited liability company,
("Developer",'Declarant", or "Allottor), is the owner ofthe following described land in the County
of Pulaski, State of Arkansas, to -wit:
THE EAST HALF (%) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF THE NORTHWEST QUARTER (ln OF SECTION 24, TOWNSHIP
2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS
WHEREAS, it is desirable that all of the above described property be platted into various
tracts, lots and streets;
WHEREAS, Developer desires to provide for the preservation of the values and amenities
in Forest Valley and for the maintenance of the open spaces, street lighting, landscaped entrances
and other common facilities; and to this end, desires to subject the Property to these covenants,
restrictions, easements, charges and liens, each of which is for the benefit of the Property and each
Owner, and
WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values
and amenities in Forest Valley, to create an association which shall be assigned the powers of
maintaining, administering and enforcing these covenants and restrictions and doing all other things
necessary to preserve the values and amenities of this community;
WHEREAS, Developer will cause to be incorporated under the laws of the State of
Arkansas, as a nonprofit corporation, Forest Valley Property Owners Association, Inc., for the
purpose of exercising these functions;
NOW THEREFORE, the Developer declares that the property is and shall be held,
transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges
and liens (sometimes referred to as "Covenants and Restrictions") set forth.
WITNESSETH:
That the said Allottor, for and in consideration of the benefits to accrue to it and its successors and
assigns, which benefits it acknowledges to be of value, has caused the land herein above described
to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Paul White a
Professional Land Surveyor, License Number PLS # 1281, and Timothy Daters, a Professional
Engineer, License Number 5033, said Plat bearing the signature of the said Surveyor and Engineer
being of record ' the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County,
Arkansas, in P10401'DQ Book [ 813? and the Allottor does hereby make this Declaration of
Restrictive Covenants and Bill of Assurance.
IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off,
platted and subdivided, and does hereby lay off, plat and subdivide the land herein described, in
accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as:
Forest Valley, an Addition to the City of Little Rock, Pulaski County, Arkansas and any and every
deed of conveyance of any lot in said Addition describing the same by the lot and block number
shown on said Plat shall always be deemed a sufficient description thereof.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any supplemental Declaration (unless the
context shall indicate a contrary intention) shall have the following meanings:
(a) "Association" shall mean and refer to Forest Valley "Property Owners Association,
Inc." its successors and assigns.
(b) "The Properly" shall mean and refer to that property described on Exhibit "A" which
is subject to these covenants or any Suppleinenta3 Covenants under the provisions of
Article 11.
(c) "Common Area" shall mean all real property owned by the Association for the
common use and enjoyment of all Owners. The common area shall be deeded to the
Association.
(d) "Site" shall mean and refer to any platted lot within the Property which may be
purchased by any person or owned by the Developer
(e) "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of a fee simple title to any Site which is a part of the Property, but excluding
those having such interest merely as security for the performance of an obligation.
(i) "Member" shall mean and refer to any Owner who by virtue of holding fee simple
title to any Site is a Member of the Association. If any Owner holds title to more than
one site then the Owner shall hold memberships equal to the number of sites owned.
(g) "Architectural Control Committee" shall mean the committee appointed pursuant to
Section 1 of Article VI hereof.
(h) 'Board" shall mean the Board of Directors of the Association.
(i) "Declarant" or "Developer" shall mean C.J. PACE CONSTRUCTION, LLC, it
successors and assigns.
(j) `Builder" or "General Contractor" shall mean a person or entity whose occupation
is the building or erection of structures, the controlling and directing of construction,
or the planning, constructing, and who puts, or contracts to put, a structure into
permanent form.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION:
SECTION 1. Existing Property. The real property which is, and shall be held, transferred,
sold, conveyed and occupied subject to this Declaration is located in the County of Pulaski, State of
Arkansas, and is more particularly described above, all of which properly shall be referred to as "The
Property." The Property consists of both platted and unplatted properties and the unplatted portions
may be subsequently platted by Developer, as it deems appropriate.
SECTION 2. Additions to Existing Property. Additional lands of the Developer may
become subject to these Covenants and Restrictions in the following manner: The Developer shall
have the right but not the obligation to bring within the plan ofthis Declaration additional properties,
regardless of whether or not said 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 development
(the "General Plan") which has been prepared prior to the sale of any Site and is maintained in the
office of the Declarant, and provided such proposed additions, if made, will become subject to
assessments of the Association for their 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 the 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 free and clear ofthese Covenants
and Restrictions or any supplement.
(a) The additions authorized shall be made by filing of record a Supplemental
Declaration of Covenants and Restrictions with respect to the additional
property which shall extend the plan of the covenants and restrictions of this
Declaration to the additional property, and the Owners, including the
Developer of Sites in those additions shall immediately be entitled to all
rights and privileges provided in this Declaration.
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(b) The Supplemental Declaration may contain those complimentary additions
and modifications of the Covenants and Restrictions contained in this
Declaration necessary to reflect the different character, if any, of the added
properties as are not inconsistent with the Plan of this Declaration. In no
event, however, shall such supplement revoke, modify and add to the
covenants established by this Declaration within the Property.
SECTION 3. Additions Limited to Developer. No one other than the Developer shall
have the right to subject additional lands to this Declaration of Covenants and Restrictions, unless
the Developer shall indicate in writing to the Association that such additional lands maybe included.
ARTICLE III
THE ASSOCIATION
Every person, persons or entity who owns any Site, including a builder or contractor, shall
be a Member of the Association, and shall abide by its Articles of Incorporation and By -Laws.
Membership shall be appurtenant to and may not be separated from ownership of any Site. The
Association shall be governed by its Articles of Incorporation and By -Laws. Developer to serve as
board of directors of Property Owners Association regardless of number of lots owned for a period
of twenty four (24) months. Developer may, at its sole discretion, release control to the POA within
the twenty four (24) month period if owning less than 50.0 % of the lots.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTIES
SECTION 1. Members' Easements of Enjoyment. Every Member shall have a right and
easement of enjoyment in and to the Common Properties. This easement of enjoyment shall be
appurtenant to and shall pass with the title to every Site, subject to the Articles of Incorporation and
the By -Laws of the Association.
SECTION 2. Title to Common Areas. The Developer agrees to convey title to the common
areas to the Association free and clear of all liens and encumbrances except for applicable
improvement district assessments within "four" (4) years after their designation as such on a
recorded plat filed in the office of the Circuit Clerk of Pulaski, County, Arkansas.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
SECTION 1. Creation of Lien and Personal Obligation of Assessments and Special
Assessments. Declarant for each Site owned within the Property shall be deemed to covenant and
agree, and each Owner of any Site by acceptance of a deed shall be deemed to covenant and agree,
to pay to the Association annual assessments or charges and special assessments, together with
interest and costs of collection, if any, which amounts shall be a charge on the land and shall be a
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continuing lien upon the Site. Each assessment, together with interest, cost of collection and
reasonable attorneys' fees, if any, shall also be the personal obligation of the Owner of the Site at the
time when the assessment or special assessment fell due. The personal obligation for delinquent
assessment or special assessment shall not pass to an Owner's successors in title unless expressly
assumed by them.
The lien for assessments and special assessments shall be subject to and subordinate to the
lien of any recorded fast mortgage or Deed of Trust.
Assessments shall be fixed by the Association in accordance with the Articles of
Incorporation and By -Laws of the Association.
SECTION 2. Exempt Property. Common Areas as defined in Article L all Common Areas
subsequently added to the Property and any areas which are designated for the common use of a
particular subdivision, and all portions of the Property owned or otherwise dedicated to any
particular subdivision shall be exempt from the assessments and liens of the Association.
ARTICLE VI
ARCHITECTURAL CONTROL COMMITTEE
SECTION 1. Designation ofCommittee. The Association shall have anArchitectzffal Control
Committee, consisting of at least one (1) and not more than three (3) members who shall be natural
persons. As long as Developer shall own twenty percent (20.0 %) or more of the areas designated
as residential on the General Plan (as defined in the Covenants and Restrictions), the Member(s) of
the Architectural Control Committee, and all vacancies, shall be appointed by Developer. When
Developer no longer owns at least twenty percent (20.0 %) of the areas designated as residential on
the General Plan, the Members of the Architectural Control Committee, and all vacancies, shall be
appointed by the Board of Directors.
SECTION 2. Function of Architectural Control Committee. No Improvement shall be
constructed or maintained upon any Site and no alteration or repainting to the exterior, of a structure
shall be made and no landscaping performed unless complete plans, specifications, and site plans
showing the exterior design, height, building material and color scheme, the location of the structure
plotted horizontally and vertically, the location and size of driveways, the general plan of
landscaping, fencing walls and windbreaks, and the grading plan shall have been submitted to and
approved in writing bythe Architectural Control Committee. A copy ofthe plans, specifications, and
lot plans as finally approved shall be deposited with the Architectural Control Committee. No trees
shall be removed without prior written approval of the Architectural Control Committee. The
Architectural Control Committee shall have the power to employ professional consultants to assist
it in discharging its duties. The decisions of the Architectural Control Committee shall be final,
conclusive, and binding upon the applicant.
SECTION 3. Approval of a Builder or General Contractor. The Architectural Control
Committee shall be responsible for the approval of each and every Builder or General Contractor.
No Owner may build, construct or cause to be constructed any structure on the Property without first
obtaining approval by the Architectural Control Committee of the Builder or General Contractor
hired by the Owner. The Owner shall not act as the Builder or General Contractor without first
obtaining approval by the Architectural Control Committee.
SECTION 4. Content of Plans and Specifications. The pleas and specifications to be
submitted and approved shall include the following:
(a) A topographical plot showing existing contour grades and showing the location of
all improvements, structures, walks, driveways, fences and walls. Existing and
finished grades shall be shown at lot corners and at corners of proposed
improvements. Lot drainage provisions shall be indicated as well as cut and fill
details if any applicable change in the lot contours is contemplated.
(b) Exterior elevations.
(c) Exterior materials, colors, textures and shapes.
(d) Structural design.
(e) Landscaping plan, including mailboxes, walkways, fences and walls, elevation
changes, watering systems, vegetation and ground cover.
(f) Parking area and driveway plan.
(g) Screening, including site, location and method.
(h) Utility connections.
(i) Exterior illumination, including location and method.
0) Fire protection system.
(k) Signs, including size, shape, color, location and materials.
(1) Soil erosion notice and controls per ADEQ requirements
SECTION 5. Definition of "Improvement". Improvement shall mean an include all
residences, buildings, and roofed structures, parking areas, fences, walls, hedges, mass plantings,
poles, driveways, lakes, swimming pools, tennis courts, signs, changes in any exterior coloror shape,
glazing or reglazing of exterior windows with mirrored or reflective glass, and any other new
exterior construction or exterior improvement which materially alters the appearance of the property
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and which may not be included in any of the foregoing. The definition does not include garden shrub
or tree replacements or any other replacement or repair of any magnitude which does not materially
change exterior colors or exterior appearances.
SECTION 6. The Basis ofApproval. Approval ofplans and specifications shall be based on,
among other things, adequacy of site dimensions, structural design, conformity and harmony of
external design and of location with neighboring structures and sites, relation of finished grades and
elevations to neighboring sites, and conformity to both the specific and general intent of the
protective covenants. The Architectural Control Committee shall establish certain architectural
guidelines, which shall be approved by the Board (the "Architectural Guidelines"), and all plans and
specifications must comply with Architectural Guidelines then in force and effect. However, the
Architectural Control Committee may approve exceptions to the Architectural Guidelines by a
unanimous vote.
SECTION 7. Architectural Guidelines. No residence shall be constructed or permitted to
remain on any building site in Forest Valley unless the following architectural guidelines have been
satisfied:
(a) Minimum heated living area exclusive of porches, patios, garages, breezeways,
exterior stairways, porte cocheres, storage areas and outbuildings shall equal no less
than 1900 square feet in a one story, or 2,300 if a multi -story residence.
(b) Height and Type — homes in Forest Valley shall be of similar size and style to
maintain architectural continuity. Vinyl Siding maybe installed on the second story
above roof lines with approval by the Architectural Control Committee. Vinyl
components may be used in soffitt applications and gable venting. There shall be no
exposed masonry block of any kind on foundation.
(c) Setback Requirements — no home shall be placed any nearer to the front or rear lot
lines than the minimum setback lines shown on the plat.
(d) Frontage of Residence to Street — All homes in Forest Valley shall front and present
an aesthetically pleasing elevation on the street designated. Corner lots will require
both frontage elevations be aesthetically pleasing.
(e) Outbuildings Prohibited —No outbuildings maybe constructed on any lot without the
express written consent of the Architectural Control Committee. All approved
outbuildings must be of the same architectural continuity as the home.
(f) Cesspool — no leaching cesspool shall ever be constructed or used on any lot.
(g) Existing Structure — no existing erected building or structure of any sort may be
moved onto or placed on any lot.
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(h) Fences — no fencing, other than vegetation, may be installed any closer to the front
lot line than the front wall of the home. Chain link is expressly prohibited.
(i) Sight line Restrictions — No wall, fence, or vegetative installation shall be installed,
or allowed to remain on any lot, if its presence may block a path of view from the
street within seventy (70) feet from the center of any intersection.
(j) Driveway Installation - Curbs must be saw cut with a diamond blade.
(k) Sample of roofing for color shall be approved by Committee. All roofs shall be 8/12
pitch or more.
(1) No detached garage shall be built past front or rear building line. Detached garages
shall match Architectural Design of the house and be brick front and sides and 8/12
roof pitch.
SECTION 8. Majority vote. A majority vote of the Architectural Control Committee is
required for approval or disapproval of proposed improvements.
SECTION 9. Failure of Committee to Act. If the Architectural Control Committee fails to
approve, disapprove, or reject as inadequate proposed plans and specifications within thirty (30) days
after submittal, they shall be deemed approved. If plans and specifications are not sufficiently
complete or are otherwise inadequate, the Architectural Control Committee mayrej ect them entirely,
partially or conditionally approve.
SECTION 10. Limitation of Liability. Neither the Declarant, the Association, the
Architectural Control Committee nor any of its members shall be liable, in damages or otherwise,
to anyone submitting plans and specifications for approval or to any owner of land effected by this
Declaration by reason of mistake of judgment, negligence or nonfeasance arising out of or in
connection with the approval or disapproval or failure to approve or disapprove any plans and
specifications.
SECTION 11. Reasonable Fee. The Architectural Control Committee maycharge anyOwner
a reasonable fee for its services in reviewing that Owner's proposed plans and specifications.
ARTICLE VII
MAINTENANCE
SECTION 1. Duty of Maintenance. Owners and occupants (including lessees) of any part of
the Property shall jointly and severally have the duty and responsibility, at their sole cost and
expense, to keep that part of the Property so owned or occupied, including buildings, improvements
and grounds in a well -maintained, safe, clean and attractive condition at all times. Maintenance
includes, but is not limited to, the following:
(a) Prompt removal of all litter, trash, refuse, and waste.
(b) Lawn mowing.
(c) Tree and shrub pruning.
(d) Watering.
(e) Keeping exterior lighting and mechanical facilities in waking order.
(f) Keeping lawn and garden areas alive, free of weeds, and attractive.
(g) Keeping parking areas, driveways, and roads in good repair.
(h) Complying with all governmental health and police requirements.
(i) Repainting of improvements.
0) Repair of exterior damages to improvements.
SECTION 2. Enforcement. If, in the opinion of the Association any Owner or occupant has
failed in any of the foregoing duties or responsibilities, 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 any liability for
damages for wrongful entry, trespass or otherwise to any person. The Owners and occupants
(including lessees) of any part of the Property on which 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 (30) days after invoicing, the indebtedness shall
be a debt of all of the Owners and occupants jointly and severally, and shall constitute a lien against
that portion of the Property on which work was performed. This lien shall have the same attributes
as the lien for assessments and special assessments set forth in Article V, and the Association shall
have identical powers and rights in all respects, including but not limited to the right of foreclosure.
ARTICLE VIII
COMMON SCHEME RESTRICTIONS
The following restrictions are imposed as a common scheme upon all Sites and Common
Areas for the benefit of each other Site and Common Areas and may be enforced by any Owner or
the Association through any remedy available at law or in equity.
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1. No garbage, refuse, rubbish, tree limbs, pine straw, leaves or cuttings shall be
deposited on any street, road, or Common Areas nor on any Site unless placed in a
suitable container or bound for garbage pickup.
2. No building material of any kind or character shall be placed upon any Site except
in connection with construction approved by the Architectural Control Committee.
Construction shall be promptly commenced and diligently prosecuted.
3. No clothes lines, drying yards, service yards, wood piles or storage areas shall be so
located as to be visible from a street, road, or Common Area.
4. Any exterior lighting installed on any Site shall either be indirect or of such
controlled focus and intensity as not to disturb the residents or the adj scent property.
5. No animals or poultry shall be kept on any Site or Common Area except a reasonable
number of ordinary household pets belonging to the household.
6. No signs, plagues or communication of any description shall be placed on the
exterior of any Site or Common Area by an Owner unless approved by the
Architectural Control Committee.
7. No nuisances shall be allowed in Forest Valley nor shall any use or practice be
allowed which is a source of annoyance to its residents or which interferes with their
right of quiet enjoyment.
8. No immoral, improper, offensive or unlawful use shall be made of Forest Valley or
any part thereof and all valid laws, zoning, by-laws and regulations of all
governmental bodies having jurisdiction shall be observed.
9. No portion of a Site (other than the entire Site) may be rented, and no transient may
be accommodated therein unless by consent of the Owner.
10. No used or previously erected or temporary house structure, house trailer or non-
permanent outbuilding shall ever be placed, erected or allowed to remain un any Site
or Common Area.
11. No junk vehicle, commercial vehicle, trailer, truck, camper, camp truck, house trailer,
boat or other machinery or equipment (except as may be reasonable and customary
in connection with the use and maintenance of any improvements located upon the
Property and except for such equipment and/or machinery as the Association may
require in connection with the maintenance and operation of the Common Area) shall
be kept upon the Property, nor (except for bona fide emergencies) shall the repair or
extraordinary maintenance of automobiles or other vehicles be performed. This
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restriction shall not apply to vehicles, trailers, boats, machinery, equipment or the
like stored and kept within an enclosed storage room or garage. The Association may,
at the discretion of its Board of Directors, provide and maintain a suitable area
designated for the parking of such vehicles.
12. All buildings built on any Site shall comply with the setback restrictions imposed
upon the Site on either a recorded plat in the Circuit Clerk's office of Pulaski County,
Arkansas or in the deed to each purchaser of a Site. Setback restrictions are covenants
running with the land.
13. Access easements for installation and maintenance of utilities and drainage of
facilities and for pedestrian and golf cart traffic are reserved in rights of way of drives
and roads or on the side or rear of each Site as shown on the recorded plat.
14. An Owner hereby grants a right of access to his Site to the Association, any
managing agent of the Association, and/or any other person authorized by the Board
or the managing agent for the purpose of making inspections or for the purpose of
correcting any conditions originating in his Site and threatening another Site or any
Common Area, or for the purpose of performing installations, alterations, or repairs
to the parts of the Site over which said persons have control and/or responsibility for
maintenance. Requests for such access must be made in advance and entry must be
at a time reasonably convenient to the Owner. In case of an emergency, this right of
entry shall be immediate whether the Owner is present or not.
ARTICLE IX
COMMON PROPERTIES
SECTION 1. Easements of Enjoyment. Subject to the provisions of Section 3 of this Article
IX, every Member of the Association shall have the right and easement of enjoyment in and to the
Common Area,
SECTION 2. Title to Common Properties. Declarant shall convey ownership of the Common
Area to the Association, which shall be responsible for its operation and maintenance, within five
(5) years after their designation as a Common Area on a recorded plat filed in the office of the
Circuit Clerk of Pulaski County, Arkansas.
SECTION 3. Extent of Easements. The rights and easements of enjoyment created shall be
subject to the following:
(a) The right of the Association to prescribe rules and regulations for the use, enjoyment,
and maintenance of the Common Area;
(b) The right of the Association to borrow money for the purpose of improving all or any
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part of the Common Area, and to mortgage all or any part of the Common Area;
(c) The right of the Association to take reasonably necessary steps to protect all or any
part of the Common Area against foreclosure; and
(d) The right of the Association to suspend the easements of enjoyment of any Member
of the Association during the time any assessment levied under Articles V or V 1
remains unpaid, and for any period not to exceed thirty (30) days for any infraction
of its published rules and regulations.
ARTICLE X
GENERAL PROVISIONS
SECTION 1. Duration. The Covenants and Restrictions of this Declaration shall run with and
bind the land, shall inure to the benefit of and be enforceable by the Association, or the Owner of
any land subject to this Declaration, their respective legal representatives, heirs, successors, and
assigns, for a term of forty (40) years from the date this Declaration is recorded, after which time the
Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years
unless an iashu=t terminating these Covenants and Restrictions signed by the then Owners of
sixty-five percent (65%) of the Sites has been recorded prior to the commencement of any ten-year
period.
SECTION 2. Amendments. These Covenants and Restrictions maybe modified or amended
during the first twenty years (20) from the date of the Declaration, by an instrument signed by the
Owners of not less than seventy-five percent (75%) of the Sites and thereafter by an instrument
signed by the Owners of not less than seventy percent (70%) of the Sites. Any amendment must be
properly recorded.
SECTION 3. Notices. Any notice required to be sent to any Member or Owner under the
provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid,
to the last known address of the person who appears as Member or Owner on the records of the
Association at the time of mailing. Each purchaser of a Site shall forward a copy of his recorded
warranty deed to the Association or its officers.
SECTION 4. Enforcement. Enforcement of these Covenants and Restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate any
Covenant or Restriction, either to restrain violation or to recover damages, and against the land to
enforce any lien created by these Covenants and Restrictions. Failure by the Association or any
Owner to enforce any Covenant or Restriction shall in no event be deemed a waiver of the right to
do so thereafter.
SECTION 5. Severabilitt. Invalidation of any one of these Covenants or Restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
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and effect.
SECTION 6. Attorney Fee. In any legal or equitable proceeding for the enforcement or to
restrain the violation of this instrument or any provision thereof, by reference or otherwise, the
prevailing party or parties shall be entitled to attorney fees in such amount as the court finds
reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not
exclusive.
SECTION 7. Dissolution. The Association may be dissolved with consent given in writing
and signed by not less than three- fourths of each class of Members as defined in the By -Laws of the
Association. Upon dissolution of the Association other than incident to a merger or consolidation,
the assets of the Association shall be conveyed and granted and assigned to any nonprofit
corporation, association trust, or other organization to be devoted to same or similar purposes.
Executed this _/ _ day of h� L , 2010.
C.J. PACE C 7 CTIO LC
mes Pace, Managing Member
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 James Pace, being the Managing Member, of C.J.
PACE CONSTRUCTION, LLC which comprises of all the Members of C.J. PACE
CONSTRUCTION, LLC and who has been designated by said Company, to execute the above
instrument, to me personally well known, and is duly authorized in his capacity to execute the
foregoing instrument, and further stated and acknowledged that he has so signed, executed, and
delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and
set forth.
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IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this / "day of
2010.
My commission expires: 0 a- 0.3 - .2o r �
OFFICIAL SEALpV ~�
�,-`,MARA F41. GUFFEY
NOTARY PUBLIC-ARKANSAS
SALINE COUNTY
MY COMMIS19IONI EXPIRES: 2-3-2014
Notary Public
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AN ADDITION TO THE CITY OF
LITTLE ROCK ARKANSAS
ARAArWS ATE PLANE cDOR0AWT6
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NE Ei/z Hxi/. SE,/. HH,/R M Stcrm 24. T-2-x. R-iR-w,
SECTION 24, T-2-N, R-14-W,
-1Mrrr9raC
LIREE ROCK, PUASRI CWNTY, NmANIEl
PUWSKI COUNTY, ARKANSAS
. n-�AWy,,R•,l, �r3.�n,_ _
DECEMBER. 2000
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —FORREST VALLEY LOTS 1-24 TRACT A & B
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improvements remain uncompleted and a punch list has been prepared and sent.
Engineering Specialist Date: ; ,D 1 D
ADDRESSING SPECIALIST'S REPORT
I ve revi a tang the et names and street configuration are acceptable.
f ` Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
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 sent.
Traffic Engineer Date: 312,Fi /D
r s16--L) C r HZZ-fO7
I hiewed the file for this matter and find that:
av
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.
Civil Engineer I/II Date:
I31 /a
SURVEYOR'S REPORT
1 liar e reviewed the plat and find that:
I// All requirements for final plat approval have been satisfied.
li Surveyor
MANAGER APPROVAL
All ivil Engineering requirements for filing this final plat have been satisfied. .
Date: h
Design Review Engineer/Civil Engineering Manager
March 26 2010
Date:�3 2. 5 s0 + u
Page 1 of 2
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Friday, December 18, 2009 8:07 AM
To: 'Paul White'; 'James, Donna'
Subject: FW: Fw: Forest Valley - Final Plat
CAW approval.
0
From: Blake.Weindorf@CArkW.com[mailto:Blake.Weindorf@CArkW.com]
Sent: Thursday, December 17, 2009 4:27 PM
To: bdale@whitedaters.com
Subject: Re: Fw: Forest Valley - Final Plat
NO OBJECTIONS.
Please let me know if I may be of further assistance.
Thanks,
Blake F. Weindorf, P.E.
Senior Engineer
Central Arkansas Water
501.377.1224
501.210.4980 (fax)
blake.weindorf@carkw.com
From: Marie Dugan/CAW
To: Blake Weindorf/CAW@CAW
Date: 12115/2009 12:25 PM
Subject: Fw: Forest Valley - Final Plat
---- Forwarded by Marie Dugan/CAW on 12/15/2009 12:31 PM
Forest Valley - Final Plat
Brian 'Brian Dale', 'Chris Keathley', 'Jim Boyd', 'Joni Bates', 'Marie Dugan', 12/14/2009 01:48
Dale to. 'Theodis Thompson', 'Hill, Richard' PM
Cc: pwhite, "'James, Donna
12/21 /2009
Page 1 of 1
Paul White
From:
bdale@whitedaters.com
Sent:
Monday, December 21, 2009 5:39 PM
To:
Donna James; Paul White
Subject: Fw: Forest Valley - Final Plat
"Sent via B1ackBerry."
From: "Bates, Joni B." <joni.bates@centerpointenergy.cozxi>
Date: Mon, 21 Dec 2009 17:38:00 -0600
To: Brian Dale<bdale@whitedaters.com>
Subject: RE: Forest Valley - Final Plat
Approved
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Monday, December 14, 2009 1:56 PM
To: 'Brian Dale'; 'Chris Keathley'; 'Jim Boyd'; Bates, Joni B.; 'Marie Dugan'; Theodis Thompson'; 'Hill,
Richard'
Cc: pwhite@whitedaters.com; 'James, Donna'
Subject: Forest Valley - Final Plat
Attached is a plat for review and approval. Please let us know if you have any questions. An email
response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay
The owner of this property intends to file their plat by January 4, 2010. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response
Sincerely,
Brian Dale
12/23/2009
Little R[]Ck
Wastewater
January 28, 2010
Mr. Joe White, Jr., P.E.
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
RE: Forest Valley
127-2-0915
Dear Mr. White:
The sanitary sewer mains constructed, as represented by your "As Constructed"
drawings, to provide sewer service to the above referenced project, are hereby
accepted. The Utility shall begin operation and maintenance effective immediately,
except that all defects in material and workmanship must be remedied by the
Developer or his Contractor, if reported to the Developer or his Contractor (or his
Engineer), within one (1) year of the date of the Maintenance Bond.
ESTIMED COSTMATERIALS MANHOLES
$29,483.20 483 LF 8" PVC Gravity Sewer Four Precast
If you have any questions or comments, please call.
Sincerely,
LITTLE ROCK WASTEWATER
ames Boyd, P.E. s
Engineering Supervisor
Office 501-688-1414
Cell 501- 352-0390
Email iirn,�ydfa lrwu.com
cc James A. Barham, Director of Finance and Administration
GIS
11 Clearwater Drive I Little Rock, AR 72204 1 501-376-2903 1 www.Irwu.com
Page 1 of 2
Paul White
From: bdale@whitedaters.com
Sent: Wednesday, March 24, 2010 7:29 AM
To: Paul White; Donna James
Subject: Fw: Forest Valley - Final Plat
Attachments: Forest Valley - Final Plat.PDF
See below. B
"Sent via B1ackBerry."
From: "NAR, ALLISON V (ATTSWBT)" <an0142@att.com>
Date: Tue, 23 Mar 2010 16:35:30 -0500
To: Brian Dale<bdale@whitedaters.com>
Cc: KEATHLEY, CHRIS (ATTSWBT)<ck0826@att.com>
Subject: FW: Forest Valley - Final Plat
Brian -
This plat is approved by AT&T as of 3/23/10
Thanks,
Allison Naji
AT&T -Arkansas
Mgr. OSP Planning & Engineering Design
1111 W. Capitol, Room 465
Little Rock, AR 72201
(501)373-1168
From: KEATHLEY, CHRIS (ATTSWBT)
Sent: Tuesday, March 23, 2010 2:31 PM
To: NAJI, ALLISON V (ATTSWBT)
Cc: Brian Dale
Subject: FW: Forest Valley - Final Plat
Allison ... would you send Brian a sign off please?
Thanx Chris
Chris Keathley
Manager 05P Ping & Eng bsgn
501.373.6594
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Tuesday, March 23, 2010 2:18 PM
To: KEATHLEY, CHRIS (ATTSWBT); 'Theodis Thompson'; 'Hill, Richard'
Cc: pwhite@whitedaters.com; 'James, Donna'; 'Floriani, Vince'
Subject: RE: Forest Valley - Final Plat
3/24/2010
Page 1 of 1
Paul White
From: James, Donna [DJames@littlerock.org]
Sent: Wednesday, March 24, 2010 1:25 PM
To: Brian Dale; pwhite@whitedaters.com
Subject: RE: Forest Valley - Final Plat
I'm in this afternoon and tomorrow.
-----Original Message -----
From: Brian Dale [mai Ito: bdale@whitedaters.com]
Sent: Wednesday, March 24, 2010 12:01 PM
To: pwhite@whitedaters.com; James, Donna
Subject: FW: Forest Valley - Final Plat
Paul,
Attached is the last utility sign off.
Let's go record this final plat.
Pace is ready to start another house.
B
From: THOMPSON, THEODIS [mailto:TTHOMPI@entergy.com]
Sent: Wednesday, March 24, 2010 11:41 AM
To: Brian Dale
Subject: RE: Forest Valley - Final Plat
See attachment.
-----Original Message -----
From: Brian Dale [mai Ito: bdale@whitedaters.com]
Sent: Tuesday, March 23, 2010 2:18 PM
To: 'Chris Keathley'; THOMPSON, THEODIS; 'Hill, Richard'
Cc: pwhite@whitedaters.com; 'James, Donna'; 'Floriani, Vince'
Subject: RE: Forest Valley - Final Plat
Gentlemen,
This project was paved last Friday, and the developer is ready to record the final plat.
We can't find a response from you on the above final plat.
We would like to record this final plat early next week.
Thanks,
B
From: Brian Dale [mai Ito: bda le@whitedaters.com]
Sent: Monday, December 14, 2009 1:56 PM
To: 'Brian Dale'; 'Chris Keathley'; 'Jim Boyd'; 'Joni Bates'; 'Marie Dugan'; Theodis
Thompson'; 'Hill, Richard'
Cc: 'pwhite@whitedaters.com'; 'James, Donna'
Subject: Forest Valley - Final Plat
Attached is a plat for review and approval. Please let us know if you have any questions.
An email response or signed copy sent via email will suffice in lieu of a signed paper copy.
If you would like to review and sign off on a paper copy please let me know and we will
have one sent to you without delay. The owner of this property intends to file their plat by
January 4, 2010. The City of Little Rock now requires a sign -off from every utility
company before the plat can be recorded. If you have any questions, please contact us
as soon as possible in order to expedite the process.
We appreciate your timely response.
Sincerely,
Brian Dale
3/24/2010
City of Little Rock
Planning and Devdopmer&.
Filing Fees
Date 20-L-
Annexation
Board of Adjustment
Cond Use Permit/T UP
$Y
Final Plat
$
Planned Unit Dev
$
Preliminaiy Plat
$
Special Use Permit
$
Rezoning
$
Site Plans
$
Street Name Change
$
Street Name Signs
Number--L`at ea
-
Publi eai 'ng Signs k'
Number at ea
$
Total
$ j
File No
Location
Applicant
By