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Page 1 of 1
Paul White
From:
bdale@whitedaters.com
Sent:
Tuesday, June 01, 2010 5:55 PM
To:
Donna James; Paul White
Subject: Fw: The Gardens at Valley Falls - Final Plat
First approval. See below. B
"Sent via B1ackBerry."
From: "Bates, Joni B." <joni.bates@centerpointenergy.com>
Date: Tue, 1 Jun 2010 17:37:51 -0500
To: Brian Dale<bdale@whitedaters.com>
Subject: RE: The Gardens at Valley Falls - Final Plat
Approved
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Tuesday, June 01, 2010 3:30 PM
To: 'Chris Keathley'; Theodis Thompson'; Daniel.Tull@CArkW.com; 'Jim Boyd'; Bates, Joni B.
Cc: pwhite@whitedaters.com; 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'
Subject: The Gardens at Valley Falls - Final Plat
Attached is a final 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 July 1, 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
6/2/2010
Page 1 of 1
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Wednesday, June 02, 2010 3:45 PM
To: pwhite@whitedaters.com
Subject: FW: The Gardens at Valley Falls - Final Plat
Attachments: Gardens at Valley Falls - Final Plat.PDF
See below from Boyd.
He signed off, but with the additional easement note.
B
From: Jim Boyd [mailto:jim.boyd@lrwu.com]
Sent: Wednesday, June 02, 2010 3:27 PM
To: 'James, Donna'
Cc: 'Brian Dale'
Subject: FW: The Gardens at Valley Falls - Final Plat
Sewer is available to this property. LRW will need the easement on the north side of Lot 7 labeled as a
7.5 foot easement and will need an additional easement on the east side of Lot 6 being 7.5 foot in width.
The easement is only required for Lot 6 and need not extend to the other lots.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR 72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Tuesday, June 01, 2010 3:30 PM
To: 'Chris Keathley'; 'Theodis Thompson'; Daniel.Tull@CArkW.com; Jim Boyd; 'Bates, Joni B.'
Cc: pwhite@whitedaters.com; 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'
Subject: The Gardens at Valley Falls - Final Plat
Attached is a final 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 July 1, 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
6/3/2010
Page 1 of 1
Foul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Tuesday, August 10, 2010 2:51 PM
To: 'James, Donna'
Cc: pwhite@whitedaters.com
Subject: FW: The Gardens at Valley Falls - Final Plat
Entergy approval.
See below.
B
From: THOMPSON, THEODIS [mailto:TTHOMPI@entergy.com]
Sent: Tuesday, August 10, 2010 2:35 PM
To: Brian Dale
Subject: RE: The Gardens at Valley Falls - Final Plat
Brian,
Everything looks ok as far as Entergy is concerned
Theodis Thompson
-----Original Message -----
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Tuesday, August 10, 2010 2:15 PM
To: 'Chris Keathley'; THOMPSON, THEODIS; 'NAJI, ALLISON V (ATTSWBT)'
Cc: pwhite@whitedaters.com
Subject: RE: The Gardens at Valley Falls - Final Plat
Chris and Theodis,
Have either of you had a chance to review this final plat?
We are trying to record the final plat next week.
Thanks,
B
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Tuesday, June 01, 2010 3:30 PM
To: 'Chris Keathley'; 'Theodis Thompson'; 'Daniel.Tull@CArkW.com'; 'Jim Boyd'; 'Bates, Joni B.'
Cc: 'pwhite@whitedaters.com'; 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'
Subject: The Gardens at Valley Falls - Final Plat
Attached is a final 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 July 1, 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
8/10/2010
Page 1 of 2
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Tuesday, August 10, 2010 2:51 PM
To: 'James, Donna'
Cc: pwhite@whitedaters.com
Subject: FW: The Gardens at Valley Falls - Final Plat
ATT approval.
See below.
B
From: NAJI, ALLISON V (ATTSWBT) [mailto:an0142@att.com]
Sent: Tuesday, August 10, 2010 2:07 PM
To: Brian Dale
Cc: KEATHLEY, CHRIS (ATTSWBT)
Subject: RE: The Gardens at Valley Falls - Final Plat
Brian -
The Final Plat for The Gardens at Valley Falls is approved.
Thanks
Allison Naji
AMT Arkansas
Mgr. OSP Planning & Engineering Design
1111 W. Capitol, Room 465
Little Rock, AR 72201
(501)373-1168
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Tuesday, August 10, 2010 2:15 PM
To: KEATHLEY, CHRIS (ATTSWBT); 'Theodis Thompson'; NAJI, ALLISON V (ATTSWBT)
Cc: pwhite@whitedaters.com
Subject: RE: The Gardens at Valley Falls - Final Plat
Chris and Theodis,
Have either of you had a chance to review this final plat?
We are trying to record the final plat next week.
Thanks,
B
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Tuesday, June 01, 2010 3:30 PM
To: 'Chris Keathley'; 'Theodis Thompson'; 'DanieI.TUII@CArkW.com'; 'Jim Boyd'; 'Bates, Joni B.'
Cc: 'pwhite@whitedaters.com'; 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'
Subject: The Gardens at Valley Falls - Final Plat
Attached is a final 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 July 1, 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,
8/10/2010
Page 1 of 1
James, Donna
From: Brian Dale [bdale@whitedaters.com]
Sent: Tuesday, June 01, 2010 3:30 PM
To: 'Chris Keathley'; 'Theodis Thompson'; Daniel.Tull@CArkW.com; 'Jim Boyd'; 'Bates, Joni B.'
Cc: pwhite@whitedaters.com; James, Donna; Floriani, Vince; Harper, Vance
Subject: The Gardens at Valley Falls - Final Plat
Attached is a final 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 July 1, 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
6/2/2010
THIS INSTRUMENT PREPARED BY:
JAMES R. PENDER
PENDER LAW FIRM, P.A.
4001 N. RODNEY PARHAM ROAD
LITTLE ROCK, AR 72212
2010050426 Received: 8/18/2010 1:43:49 PM
Recorded: 08/1812010 01:47:47 PM Filed &
Recorded in Off iciaf Records of PAT O'BRIEN.
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $70.00
BILL OF ASSURANCE
THE GARDENS AT VALLEY FALLS, PHASE I
(Lots 4-20, Block 1 and Tracts A, B & C Block I , Lots 1-10 Block 2,The Gardens at Valley Falls,
an Addition to the City of, Little Rock, Pulaski County, Arkansas)
PART A. PREAMBLE: P/ pT ff- 2 D i o D,5- U q2 7
WHEREAS, The Garden at Valley Falls, LLC (hereinafter referred to as the "Allotor"
and sometimes hereinafter referred to as the "Developer") is the owner, by virtue of deed records
filed in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, of
the following land situated in Pulaski County, Arkansas, to wit:
Part of the E 1/2 SE 1/4 NW 1/4 and part of the SW 1/4 NE 1/4 of Section 24, T-
2-N, R-14-W, Pulaski County, Arkansas, more particularly described as follows:
Commencing at the Northwest corner of said E 1/2 SE 1/4 NW 1/4; thence South
01 degrees 31 minutes 40 seconds West, 659.71 feet to the point of beginning;
thence South 89 degrees 28 minutes 31 seconds East, 324.35 feet to a point;
thence North 01 degrees 48 minutes 57 seconds East, 329.86 feet; thence South
89 degrees 28 minutes 31 seconds East, 327.34 feet to a point; thence South 01
degrees 34 minutes 25 seconds West, 677.44 feet; thence South 89 degrees 17
minutes 58 seconds East, 123.00 feet; thence South 01 degrees 21 minutes 26
seconds West, 330.00 feet; thence North 89 degrees 22 minutes 37 seconds West,
776.40 feet to the Southwest corner of said E 1/2 SE 1/4 NW 1/4; thence North 01
degree 29 minutes 45 seconds East 676.66 feet along the West line of said E 1/2
SE 1/4 NW 1/4 to the point of beginning. Subject to the right-of-way for Taylor
Loop Road.
LESS AND EXCEPT
Exception No. I
Part of the E '/2 SE '/ NW '/4 of Section 24, T-2-N, R-14-W, Little Rock, Pulaski County,
Arkansas, more particularly described as follows: Commencing at the Northwest corner
of said E %2 SE '/4 NW '/4, Section 24; thence South 01 degree 31 minutes 40 seconds
West, 659.71 feet to the Point of Beginning; thence South 89 degrees 28 minutes 31
seconds East, 324.35 feet; thence North 01 degree 48 minutes 57 seconds East, 329.86
feet; thence South 89 degrees 28 minutes 31 seconds East, 267.34 feet; thence South 01
degree 34 minutes 25 seconds West, 113.17 feet; thence North 88 degrees 25 minutes 35
seconds West, 237.29 feet; thence South 01 degree 34 minutes 25 seconds West, 45.00
feet; thence South 88 degrees 25 minutes 35 seconds East, 52.29 feet; thence
Southeasterly along the arc of a 25.00 foot radius curve to the right, a chord bearing and
distance of South 43 degrees 25 minutes 35 seconds East, 35.36 feet; thence South 01
degree 34 minutes 25 seconds West, 235.53 feet; thence Southwesterly along the are of a
25.00 foot radius curve to the right, a chord bearing and distance of South 46 degrees 34
minutes 25 seconds West, 35.36 feet; thence North 88 degrees 25 minutes 35 seconds
West, 249.30 feet; thence Southwesterly along the arc of a 50.00 foot radius curve to the
left, a chord bearing and distance of South 46 degrees 34 minutes 25 seconds West, 70.71
feet; thence South 01 degree 34 minutes 25 seconds West, 177.78 feet; thence North 88
degrees 25 minutes 35 seconds West, 108.23 feet; thence North 01 degree 29 minutes 45
seconds East, 330.79 feet to the Point of Beginning, containing 2.7841 acres, more or
less.
AND
Exception No. 2
Part of the E 1/2 SE 1/4 NW 1/4 of Section 24, T-2-N, R-14-W, Little Rock, Pulaski County,
Arkansas, more particularly described as follows: Commencing at the Northwest corner
of said E %2 SE'/4 NW `/4, Section 24; thence South 01 degree 31 minutes 40 seconds
West, 659.71 feet; thence South 01 degree 29 minutes 45 seconds West, 330.79 feet;
thence South 88 degrees 25 minutes 35 seconds East, 153.23 feet to the Point of
Beginning; thence North 01 degree 34 minutes 25 seconds East, 157.78 feet; thence
Northeasterly along the arc of a 25.00 foot radius curve to the right, a chord bearing and
distance of North 46 degrees 34 minutes 25 seconds East, 35.36 feet; thence South 88
degrees 25 minutes 35 seconds East, 114.65 feet; thence South 01 degree 34 minutes 25
seconds West, 370.00 feet; thence North 88 degrees 25 minutes 35 seconds West, 114.65
feet; thence Northwesterly along the arc of a 25.00 foot radius curve to the right, a chord
bearing and distance of North 43 degrees 25 minutes 35 seconds West, 35.36 feet; thence
North 01 degree 34 minutes 25 seconds East, 162.22 feet to the Point of Beginning,
containing 1. 18 00 acres, more or less.
AND
Exception No. 3
Part of the E %2 SE 1/4 NW 1/4 of Section 24, T-2-N, R-14-W, Little Rock, Pulaski County,
Arkansas, more particularly described as follows: Commencing at the Northwest corner
of said E 1/2 SE 1/4 NW 1/4, Section 24; thence South 01 degree 31 minutes 40 seconds
West, 659.71 feet; thence South 89 degrees 28 minutes 31 seconds East, 324.35 feet;
2
thence North 01 degree 48 minutes 57 seconds East, 329.86 feet; thence South 89 degrees
28 minutes 31 seconds East, 267.34 feet; thence South 01 degree 34 minutes 25 seconds
West, 158.17 feet to the Point of Beginning; thence South 01 degree 34 minutes 25
seconds West, 250.00 feet; thence Southwesterly along the arc of a 25.00 foot radius
curve to the right, a chord bearing and distance of South 46 degrees 34 minutes 25
seconds West, 35.36 feet; thence North 88 degrees 25 minutes 35 seconds West, 65.00
feet; thence Northwesterly along the arc of a 25.00 foot radius curve to the right, a chord
bearing and distance North 43 degrees 25 minutes 35 seconds West, 35.36 feet; thence
North 01 degree 34 minutes 25 seconds East, 225.00 feet; thence Northeasterly along the
arc of a 25.00 foot radius curve to the right, a chord bearing and distance of North 46
degrees 34 minutes 25 seconds East, 35.36 feet; thence South 88 degrees 25 minutes 35
seconds East, 90.00 feet to the Point of Beginning, containing 0.7168 acres, more or less.
AND
Exception No. 4
Part of the E 1/2 SE '/4 NW '/4 of Section 24, T-2-N, R-14-W, Little Rock, Pulaski County,
Arkansas, more particularly described as follows: Commencing at the Northwest corner
of said E '/2 SE 1/4 NW '/4, Section 24; thence South 01 degree 31 minutes 40 seconds
West, 659.71 feet; thence South 89 degrees 28 minutes 31 seconds East, 324.35 feet;
thence North 01 degree 48 minutes 57 seconds East, 329.86 feet; thence South 89 degrees
28 minutes 31 seconds East, 267.34 feet; thence South 01 degree 34 minutes 25 seconds
West, 538.17 feet to the Point of Beginning; thence South 01 degree 34 minutes 25
seconds West, 140.00 feet; thence North 88 degrees 25 minutes 35 seconds West, 115.00
feet; thence North 01 degree 34 minutes 25 seconds East, 140.00 feet; thence
Northeasterly along the arc of a 25.00 foot radius curve to the right, a chord bearing and
distance of North 46 degrees 34 minutes 25 seconds East, 35.36 feet; thence South 88
degrees 25 minutes 35 seconds East, 65.00 feet; thence Southeasterly along the arc of a
25.00 foot radius curve to the right, a chord bearing and distance of South 43 degrees 25
minutes 35 seconds East, 35.36 feet to the Point of Beginning, containing 0.4294 acres,
more or less.
WHEREAS, Allotor has caused said land to be surveyed and a plat thereof made,
dividing said land into lots as shown on said plat and showing the dimensions of each lot and the
width of the streets, said property to be known as "THE GARDENS AT VALLEY FALLS,"
an addition to the City of Little Rock, Pulaski County, Arkansas (the Subdivision").
3
WHEREAS, the Pulaski County Real Estate Assessor and Office of Emergency Services
have approved said Subdivision and road names.
NOW, THEREFORE, The Allotor in consideration of the purposes herein stated, does
hereby designate said land and make part hereof to be known as The Gardens at Valley Falls, an
addition to the City of Little Rock, Pulaski County, Arkansas, and that hereafter any conveyance
by the Allotor of said land by lot number shall forever be held to be good and legal description
and the streets shown on said plat in said Subdivision are hereby and will become public roads
to be accepted by the City of Little Rock for maintenance. The Gardens at Valley Falls will
establish The Gardens at Valley Falls Property Owner's Association for the purposes of
maintaining and ownership of common areas and appurtenants belonging thereto. The use of the
land in said Subdivision being subject to the following Protective and Restrictive Covenants:
PART B. AREA OF APPLICATION:
B-1. FULLY PROTECTED RESIDENTIAL AREA. The residential area covenants in part
C in their entirety shall apply to the entire Subdivision.
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 the lots. No building shall be erected, altered, placed or allowed to remain on
any lot other than one detached, single-family dwelling not to exceed two stories in height,
excluding basement area. No lot can be subdivided for any purpose without the prior approval
from the City of Little Rock Planning Board and the consent of 51 % of the voting members of
the Property Owners Associations.
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 desire architectural design in the structure and
subdivision ascetics. No fence or wall shall be erected, placed or altered on any lot nearer than
the setbacks as shown on the Plat. The term structure is defined to include any and all types of
fences, antennas, decks, permanent basketball goals, swimming pools and television satellite
dishes, which in no event shall be placed in front of dwellings. Each property owner requesting
approval shall submit to the ARCHITECTURAL CONTROL COMMITTEE at least two (2)
weeks prior to the time approval is needed, a complete set of house plans and completed material
and specifications list. Approval shall be provided in Part D.
4
C-3. DWELLING COST, QUALITY AND SIZE. Each dwelling must be at least 1200
square feet for one level dwellings and at least 1500 square feet for two (2) level dwellings. It
being the intention and purpose of the covenants to assure that all dwellings shall be a quality of
workmanship and materials substantially the same or better than that for the minimum permitted
dwelling size. Each dwelling shall have a minimum of a two (2) car garage. No open carports
are allowed. No manufactured houses are allowed, site built homes only.
C-4. BUILDING LOCATION. No building shall be located on any lot, nearer to the side
street line, than the minimum building set back lines as shown on the recorded plat. For the
purposes of this covenant, eaves and steps shall not be considered as part of the building. No lot
shall be subdivided and no more than one (1) dwelling shall be permitted on any one (1) lot.
C-5. BUILDING REQUIREMENTS. All buildings shall have 8/12 pitch roofs. Roofs shall
feature only Architectural Shingles and shall be of the same color and type throughout. Outside
construction may be brick, rock, stucco or dryvit with all walls being constructed with the same
material. All homes shall have a minimum of nine (9) feet ceilings on the first floor and shall
have a minimum two (2) car garage, which garage shall be constructed with the same material as
the dwelling. No chain link fences shall be allowed, all fences shall be of a wood type approved
by the ARCHITECTURAL CONTROL COMMITTEE. For homes located on the outer
perimeter of said Subdivision, a six (6) foot wood fence is required and shall be approved the
ARCHITECTURAL CONTROL COMMITTEE. All buildings shall have gutters on both the
front and the back of the home. Vinyl may be used on windows and door facings, dormers and
soffit and shall be approved by the ARCHITECTURAL CONTROL COMMITTEE. Homes that
are built with a common wall, also known as party wall, are equally responsible for the
maintenance and care of said wall.
C-6. SIDEWALKS. Developer will construct sidewalks per the design, requirements and
standards of the City of Little Rock and the Americans With Disabilities Act (ADA), which are
shown on the sidewalk plan approved by the City of Little Rock. Upon completion of said
construction, the responsibility of maintenance or repairs shall become the responsibility of each
individual lot owner and shall meet all governing requirements.
C-7. EASEMENTS. Easements for installation and maintenance of utilities and drainage
facilities, and construction, repair and maintenance of adequate walls, roofs and eaves are
reserved as shown on recorded plat. Furthermore, there are strips of ground shown and
dimensioned on said Plat marked variously as "wall, landscape, utility & no access easement",
which the Allotor hereby reserves for the use and benefit of the Allotor, its successors and
assigns, as an easement for the construction, erection, installation, repair, reinstallation and
maintenance of a fence and landscape and drainage features; provided, however, upon
completion of the initial construction of the fence along La Marche Drive, the Allotor may assign
this Fence Construction and Maintenance Easement to the Association, and the Association shall
thereafter maintain and keep the fence in good repair and pay all cost associated with said fence
and the maintenance and repair of same.
C-8. NUISANCES. No noxious or offensive trade or activities shall be carried on, nor shall
anything be done thereon which may be or become a nuisance to the neighborhood.
5
C-9. TEMPORARY STRUCTURES. No structure of a temporary character, basement, tent,
shack, garage, barn or other out buildings shall be used on any tract at any time as a residence
either temporarily or permanently; except that the Developer may have a temporary construction
and/or sales office.
C-10. OUT BUILDINGS. One (1) outbuilding for storage shall be permitted, if design and
location is approved by the ARCHITECTURAL CONTROL COMMITTEE and shall conform
to the same architectural design and construction of the dwelling. Outbuildings must be hidden
from the front road and behind a privacy fence. Above ground swimming pools are prohibited.
C-11. SIGNS. No sign of any kind shall be displayed to the public view on any lot, except one
sign of not more than five square feet advertising the property for sale or rent or any signs used
by a builder to advertise the property during the construction and sales period.
C-12. OWNER RESPONSIBILITY. All property owners shall insure that any contractor
performing services for the property owner shall comply with the provisions of this Bill of
Assurance.
C-13. CONTRACTOR RESPONSIBILITY. No contractor shall damage in any way the
utilities or streets in any manner.
C-14. 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 any lot. No
derrick or structures designated for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any lot.
C-15. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind may be
raised, bred, or kept on any tract, 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.
C-15. GARBAGE AND REFUSE DISPOSAL. No lot or easement shall be used or
maintained as a dumping ground for rubbish. Trash, garbage and other waste shall not be kept
except in sanitary containers. There shall be no burning of trash, rubbish, leaves or yard waste.
C-17. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting
which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways
shall be place or permitted to remain on any lot corner which the triangular area formed 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 line extended. The same sight line limitations shall apply on any lot within (10) feet
from the intersection of the street property line with the edge of a driveway pavement. No tree
r9i
shall be permitted to remain with such distances or such intersections unless the foliage line is
maintained at sufficient height to prevent obstruction of such siglit lines.
C-18. LOT, YARD AND HOME MAINTENANCE. All property owners, after acquisition
of any lot, shall keep all grounds and yards mowed, trimmed and clean. All yards must be fully
sodded and shall have sprinkler systems installed. No yard art, yard ornaments, or sculptures
permitted without the approval of the ARCHITECTURAL CONTROL COMMITTEE. All
houses shall be painted and stained and must have landscaping beds in front. No deviation from
the original plans shall be permitted without approval of the ARCHITECTURAL CONTROL
COMMITTEE.
C-19. COMMENCEMENT OF CONSTRUCTION. A property owner must start
construction of an approved dwelling within a period of one (1) year from the date of purchase.
The Developer reserves the option to repurchase any lot for the amount of the original purchase
price if construction is not commenced with such period of time. This option shall be exercised
in writing within a period of thirty (30) days after the one (1) year period.
C-20. COMPLETION OF CONSTRUCTION. Any dwelling must be completed in its
entirety within a period of one (1) year from date such construction is commenced.
C-21. MOTOR VEHICLE 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 at the front or side of any dwelling or in the dedicated
street and must be parked in back of the dwelling. Owners or permanent residents are prohibited
from parking their motor vehicles in the streets or alleys. Guest or invitees of the owners or
permanent residents may not park in the "No Parking" areas designated on the Plat. Tract "C" is
a designated "Emergency Access Area". Owners or permanent residents, guests and invitees of
the owners and permanents residents are prohibited from parking in this Emergency Access Area
or placing anything in Tract C. There shall be no non-functioning vehicles kept on the lot or in
view of the public. There shall be no repair work done outside of the garage. No one will be
allowed to park or place any obstructions in the rear alley of Block 2. The Developer and its
assigns will be allowed to park in the streets, including in the "No Parking" area, and the rear
alley of Block 2, during the construction of homes and improvements in the subdivision.
C-22. MINIMUM FLOOR LEVEL ELEVATIONS. The ARCHITECTURAL CONTROL
COMMITTEE reserves the right to prescribe the minimum floor elevations for lots. All homes
shall have a minimum floor elevation of one (1) foot above the back of the curb unless waived in
writing by the ARCHITECTURAL CONTROL COMMITTEE.
C-23. MAINTENANCE OF ROOF ON PARTY WALL TOWNHOUSES (LOTS 1-10.
BLOCK 2). This Protective and Restrictive Covenant applies only to Lots 1-10, Block 2 of this
Subdivision. Townhouse Units will be built on Lots 1-10, Block 2 of this Subdivision (the
"Townhouse Units").. The property owners of each Townhouse Unit shall be responsible for the
cost of all roof maintenance and repairs over their unit. When replacement of the roof is needed,
each property owner in the unit under consideration will be responsible for their pro-rata share of
cost of roof replacement. If owners fail to have a consensus on roof replacement, the Board of
7
Directors of The Gardens at Valley Falls Property Owners Association may instruct owners to
replace a roof in order to maintain harmonious atmosphere within the subdivision. In the event
of any involuntary participation by the homeowners in a unit under consideration (i.e.
nonpayment), said The Gardens at Valley Falls Property Owners Association shall pay the cost
incurred and has the authority to levy said cost unto the owner or owners of said unit not paying
for the unit's pro-rata share plus a penalty for each year of nonpayment. To simplify, final
authority for roof replacement as to need, color selection and type of shingles shall remain with
said property owners association.
PART D. ARCHITECTURAL CONTROL COMMITTEE:
D-1. MEMBERSHIP. The ARCHITECTURAL CONTROL COMMITTEE shall be
composed of the Commissioners of the Little Rock Municipal Property Owner's
Multipurpose Improvement District No. 2010-310 (The Garden at Valley Falls). 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 their services performed pursuant to this covenant.
D-2. PROCEDURE. The committee's approval or disapproval as required in these covenants
shall be in writing and in the form hereto attached marked Exhibit "A" which when executed,
should be retained by the owner/builder as proof of the Committee's approval. In the event the
committee or its designated representative fails to approve or disapprove within thirty (30) days
after plans and specifications have been submitted to it or in the event no suit to enjoin
construction or compliance with these covenants has been commenced within 180 days after the
completion thereof will not be required and the related covenants shall be deemed to have been
fully complied with.
PART E. PROPERTY OWNERS ASSOCIATION:
E-1. MEMBERSHIP. The Property Owners Association will be composed of all owner or
owners of lots in said subdivision. The Association will have the right to charge reasonable fees
for maintenance of the subdivision. The Association will be responsible for the maintenance of
all common areas of the subdivision, including without limitation Tracts A, B and C, the
Wetlands Preservation Area in accord with the Department of the Army, Little Rock District,
Corp of Engineers Nationwide Permit No. 2009-00435, the rear alley in Block 2, enforcement of
parking restrictions and the wall along LaMarche Drive. A majority of the Association will be
required to amend any agreement of By -Laws that are set forth by this Association. The
Association will forever be known as THE GARDENS AT VALLEY FALLS Property
Owner's Association and shall be bound by its By -Laws, and these covenants. Membership shall
be appurtenant to and may not be separated from ownership of any tract which is subject to
assessment. The Commissioners of the Little Rock Municipal Property Owner's
Multipurpose Improvement District No. 2010-310- shall serve as the Board of Directors of
THE GARDENS AT VALLEY FALLS Property Owner's Association. The original Board
8
of Directors may resign or be replaced upon death and be replaced in accord with the
Bylaws of The Gardens at Valley Falls Property Owner's Association.
E-2. VOTING RIGHTS.
SECTION 1: The Association shall have two classes of voting membership:
Class A: Class A members shall be all owners, with the exception of the Allotor,
and shall be entitled to one vote for each tract owned, which may be voted at such time as all
tracts are sold by the Allotor. When more than one person holds an interest in any tract, all such
persons shall be members. The vote for such tract shall be exercised as they determine, but in no
event shall more than one vote be cast with respect to any Tract.
Class B: The Class B member(s) shall be the Allotor and shall be entitled to ten
votes per tract owned. The Class B membership shall cease on the happening of the following
events:
(a) when all tracts are sold by Allotor.
E-3. COVENANT FOR MAINTENANCE ASSESSMENT.
SECTION 1: PROCEDURE. The Association's approval or disapproval is required of
these covenants, which shall be in writing, executed and recorded. Each owner/owners of a lot
which is subject to assessment as set forth in PART E.
SECTION 2: CREATION OF THE LIEN, PERSONAL OBLIGATION OR
ASSESSMENT AND MAINTENANCE ASSESSMENTS. The Allotor, for each lot
owned within the subdivision, hereby covenants, and each owner of any Lot by acceptance of a
deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association, annual assessments or charges, such assessments to be
established and collected as set forth in the By -Laws and Developer's Agreement. The annual
assessments, together with interest, costs, and reasonable attorney's fees, shall be charged on the
land and shall be a continuing lien upon the property against which each such assessment is
made. Each such assessment, together with interest costs, and reasonable attorney's fees, shall
also be the personal obligation of the person who is the owner of such property at the time when
the assessment fell due. The personal obligation for delinquent assessments shall not pass to his
successors in title unless expressly assumed by them.
SECTION 3: PURPOSE OF ASSESSMENTS. The assessments levied by the
Association shall be used for the operation, maintenance, and improvements of amenities within
the subdivision in a manner determined by the association membership.
SECTION 4: ASSESSMENTS. Annual assessments will be set by 2/3 of the members
of the association at a called meeting for that purpose. Notification of any meeting will be in
written form and shall be sent to all members at least thirty (30) days prior to the scheduled time
and date of said meeting. Annual assessments must be fixed at a uniform rate of all lots and may
be collected on a monthly basis. Assessments will become due the 1" day of the month
following the meeting in which assessments are approved or the 1" day of the month following
the conveyance of the lot to the new owner or as set forth by the membership.
SECTION 5: NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED
UNDER SECTION 3. Written Notice of any meeting called for the purpose of taking any
action authorized under Section 3 shall be sent to all members not less than ten (10) days in
advance of the meeting. At the first such meeting called, the presence of member or proxies
entitled to cast 60% of all votes shall constitute a quorum. If the required quorum is not present,
another meeting may be called subject to the same notice requirement, and the required quorum
at the preceding meeting shall be one-half (1/2) of the required quorum at the preceding meeting.
No such subsequent meeting shall be held more than sixty (60) days following the preceding
meeting. Each tract as conveyed by Allotor shall have one vote.
SECTION 6: UNIFORM RATE OF ASSESSMENT. Both annual and special
assessments must be fixed at a uniform rate and may be collected on a semi-annual or annual
basis.
SECTION 7: DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS. Due
Dates: The annual assessments provided for herein shall commence on a future date agreed upon
by the Association. The members shall fix the amount of the annual assessment against each
tract at least thirty (30) days in advance of each annual assessment period. Written notice of the
annual assessment shall be sent to every owner subject thereto. The due date shall be established
by the Board of Directors. The Association shall, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Association setting forth whether the assessments
on a specified tract have been paid. A properly executed certificate of the Association as to the
status of assessments is binding upon the Association as of the date of its issuance.
SECTION 8: EFFECT OF NONPAYMENT OF ASSESSMENT. Any assessment
not paid within thirty (30) days after the due date shall bear interest from the due date at the rate
of ten per cent (10%) per annum. The association may bring an action at law against the owner
personally obligated to pay the same, or foreclose the lien against the property. No owner may
waive or otherwise escape liability for the assessments provided for herein by non-use or
abandonment of his Lot.
SECTION 9: SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of
the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or
transfer of any tract shall not affect the assessment lien. However, the sale or transfer of any
tract pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien
of such assessments as to payments which became due prior to such sale or transfer. No sale or
transfer shall relieve such tract from liability for any assessments thereafter becoming due or
from the lien thereon.
SECTION 10: SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In
addition to the annual assessments authorized above, the member may levy in, in any assessment
10
year, a special assessment applicable to that year only for the purpose of defraying, in whole or
in part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the common areas, provided that such assessment shall have the assent of
two-thirds (2/3) of the votes of the members who are voting in person or by proxy at a meeting
duly called for this purpose.
PART F. GENERAL PROVISIONS:
F-1. TERM. 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 (25) years from the date these
covenants are recorded after which time, said covenants shall be automatically extended for
successive period of ten (10) years, subject to the express provision that these covenants may be
amended at any time after the date of execution hereby by an instrument signed by the members
of the ARCHITECTURAL CONTROL COMMITTEE and the owner or owners of a majority of
the lots herein platted.
F-2. ENFORCEMENT. Enforcement shall be by proceeding at law or in equity against any
person or persons violating or attempting to violate any covenant either to restrain violations or
to recover damages.
F-3. 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.
PART G. SPECIAL IMPROVMENET DISTRICTS:
G-1. It is agreed and understood that all lots in this subdivision are part of the Little Rock
Municipal Property Owners Multipurpose Improvement District No. 2010-310, (The Gardens at
Valley Falls), and SUBJECT TO A SPECIAL TAX ASSESSMENT TO REPAY THE
DISTRICT DEBT.
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Ci o the Rock Planning Commission
THE GARDEN A LLEY FALLS, LLC
BY: �*
11
BOYCE HOLMES, MANAGER
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
)SS
COUNTY OF PULASKI )
On this day appeared before me, a Notary Public, Boyce Holmes, known to me to be the
Manager of The Garden at Valley Falls, LLC and acknowledged that he was authorized to
execute the foregoing on its behalf and that he had executed same for the consideration and
purpose therein mentions and set forth.
WITNESS my hand and seal this ay of , 2010.
My commission expires:
0a-03 -JOP-/
ZVRPW—B.y M,C,dm el Wh, Fell, LLCBILL OF ASSURANCE(4) d.
44
Notary Public
OFFICIAL SEALuy
TAMARA St49„ GUFFEX
NOTARY PUBLIC-ARKANSAS
SALINE COUNTY
MY COMMISSION EXPIRES:2-0.2014
12
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME The Gardens at Valley Falls
INSPECTOR REPORT
1 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 ent.
Engineering Specialist Date:
$ �7 /D
ADDRESSING SPECIALIST'S REPORT
Ve A a d find a e str names and street configuration are acceptable.
I 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.
�c.•-.� Traffic Engineer Date: T� h-7)jo
CIVIL ENGINEER REPORT
I have re iewed 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.
r--�� Civil Engineer I/II
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
rL� Surveyor
MANAGER A ROVAL
All -lull Engineering requirements for filing this final plat have been satisfied..
'----�. - Date: '9/) i 7
K)
Design Review Engineer/Civil Engineering Manager
June 2, 2010
Date: ff J 0 7 ljo_
Date:
City of Little Rock
Planning and Development
Filing Fees
Date t 2— , 20 16
Annexation
$
Board of Adjustment
$
Cond Use Permit/T U P
$
Final Plat
Planned Unit Dev
$
Preliminaiy Plat
$
Special Use Permit
$
Rezoning
$
Site Plans
$
Street Name Change
$
Street NarT Signs
Number at� ``' ea
Public e ng- �'(PC
g igns
Number at ea
$
Total
File No