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HomeMy WebLinkAboutS-1100-G ApplicationCIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME GOVERNOR'S MANOR P.R.D. LOTS 1-45 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: ADDRESSING SPECIALIST'S REPORT I ave rewe d f d that the street names and street configuration are acceptable. Addressing Specialist Date: l� 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. 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. Mal K* &.�A j Traffic Engineer Date: 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. 1—c' <:)' Civil Engineer I/II Date: 41� SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. _ ,PP /to ri—I 2!; A-r7m.%,rJ &to or— To—j Surveyor Date: MANAGER APPROVAL All Civil Engineering, requirements for filing this final plat have been satisfied. 1�� 4 Date: Design Review Engineer/Civil Engineering Manager July 2005 69, 7 CIVIL DESIGN • INCORPORATED 15104 CANTRELL ROAD LITTLE ROCK, ARKANSAS 72223 May 9, 2006 Ms. Donna James Subdivision Administrator Little Rock Department of Planning & Development 723 West Markham Street Little Rock, Arkansas 72201 Re: Final Plat Governor's Manor PRD Little Rock, Arkansas Dear Donna: Enclosed herewith are three (3) copies of the above referenced final plat. Once any comments are received from both Planning and Public Works, we will submit the original for signing with all of the other required documents. Respectfully submitted, Civil Design, Inc. James Dreher, E.I. Staff Engineer JHD/jd ■ ENGINEERING & SURVEYING SERVICES — TEL (501) 868-7717 • FAX (501) 868-5099 200604 :307 06/12/2006 12:03:48 PM Filed & Recorded in Official Records of PAT O'BRIEN PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $56.00 BILL OF ASSURANCE FOR R'S MANOR PRD, CAPITOL LADES ESTA TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS ALL PERSONS TAKE NOTICE FROM THIS DOCUMENT: This Bill of Assurance is made this day 'r- ni of June, 2006 and affects Governor's Manor PRD, Capitol Lakes Estates Addition to the City of Little I ock, Pulaski County, Arkansas ("Subdivision") as per its )�filed in Book at Pages'7 s ] to in the records of the Circuit Clerk and Ex-Offico Recorder of Pulaski County, Arkansas (the "Subdivision Plat"). WHEREAS, the undersigned (the "Declarant") are the owners of all of the real property described on the attached Exhibit "A", as shown on the Subdivision Plat as Lots 1 through 45, inclusive, of the Governor's Manor PRD Addition to the City of Little Rock, Pulaski County, Arkansas (the "Property"); WHEREAS, Declarant reserves the right to incorporate a non-profit corporation as a property owner's association ("Association") for the purpose of administering the maintenance . of all common areas within the Property and for administering some or all of the Declarant's powers under this Bill of Assurance; and WHEREAS, all of the Property, as shown on the Subdivision Plat, has been subdivided into building lots, tracts, and streets and that the Property shall be held, owned, and conveyed subject to the restrictive covenants in this Bill of Assurance for the purpose of enhancing the value of the Property by creating a common scheme of development and the associated restrictions on use. NOW THEREFORE, Declarant 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 to be made the Subdivision Plat; and Declarant hereby dedicates and donates- to the City of Little Rock the easements shown on the Subdivision Plat, along with the right of ingress and egress therefrom for the purpose of installing, maintaining, repairing, or replacing of utility services of any kind, including, but not limited to electricity, telephone, cable television, drainage, sewer, and water. -I- The streets shown on the Subdivision Plat shall be private streets for the use of the owners of Lots within the Subdivision and Declarant hereby dedicates and donates to the owners of the Lots in the Subdivision and to their successors in title, a perpetual, non-exclusive right-of- way on and over the streets shown on the Subdivision Plat, and the owner of each Lot and their successor in title shall have the non-exclusive right to use all or any part of the streets for access to and from their Lot, the common areas, and the public right of way of any adjacent, publicly dedicated streets. The filing of this Bill of Assurance for record in the office of the Circuit Clerk and Ex Officio Recorder of Pulaski County, Arkansas shall be. a valid and complete dedication and delivery of the easements subject to the limitations set forth herein. The lands contained in the Subdivision Plat, and any interest therein; shall be held, owned, and conveyed subject to and in conformity with the following covenants. 1. Use of Land. The land herein platted shall be held owned and used only for single family residential purposes. Each lot shall contain one single family dwelling and up to one approved accessory structure as provided for by this Bill of Assurance. The single family dwelling and any accessory structure shall be "stick built" from materials assembled on site and no mobile homes or prefabricated structures shall be allowed. 2. Architectural Control. The Declarant or its appointed representative shall sit as the Architectural Control Committee for the Property and shall have the right to approve or disapprove all plans for any improvements to be constructed or maintained on any lot as set forth below. No improvement shall be constructed or maintained on any lot and no alteration or repairing to the exterior of a structure shall be made unless prior approval is obtained from the Declarant as set forth below. a. Architectural Control Committee & Duties. The Declarant may, in its discretion, appoint an Approving Agent who shall be responsible for acting in place and stead of the - Declarant with respect to all architectural control duties and responsibilities of the Declarant under this Bill of Assurance. The Declarant or approving agent shall approve or disapprove all plans and requests within as provided within this Bill of Assurance. b. Votin and ARVroval of Plans. If the Declarant transfers its architectural control powers to the Association, a majority vote of the Committee, if there is no approving agent, is required for approval or disapproval of proposed improvements. Otherwise, the'decision of the Declarant or its agent shall be binding on all applicants. C. Written Records. The Declarant shall maintain written records of all applications submitted to it and of all action taken by the Declarant for a period of one- (1) year, or longer if the Declarant deems it necessary. -2- d. Fees. The Declarant may from time to time establish a reasonable fee for the services rendered in conjunction with the review and approval of all plans. The initial fee is hereby set at $50 and shall be paid by the applicant to the Declarant in advance by the applicant and submitted with the plans. e. Preliminary Consultation is Encouraged. In order to facilitate approval and to avoid misunderstandings and duplication, applicants are encouraged to submit preliminary plans and specifications to the Declarant for consultation and study prior to the submission of final plans and specifications. f. Plans and Specifications. Two complete sets of final building plans and specifications for any structure, including, but not limited to, any residence, building, fence, coping, wall, accessory structure, or other structure(s) to be erected on any lot shall be submitted to the Declarant for written approval before any construction may begin. Until further notice by Declarant, all such plans shall be submitted to Declarant at 10605 D Maumelle Boulevard, Maumelle, AR 72113. Included in such plans shall be: i. Location and plans for building pads to ensure adequate views and privacy within the subdivision. ii. Plat plans showing location of structure(s) on the Lot and measured distances to the . structure from front, back and side lot lines. iii. Exterior elevation drawings of all sides of the building(s). iv. Detailed floor plan including total square footage of heated and cooled space. V. Exterior.type of materials and color scheme; vi. Description of roof treatment; and, vii. Location and plans for garage and driveway. viii. Because Governor's Manor is a Planned Residential Development, the zoning approved by the City of Little Rock requires that each single-family residence be located within a the building. area designated on the Final Plat of Governor's Manor PRD. Accordingly, the location of the footings for each single-family residence to be constructed on any. Lot and the distance of each footing from the closest Lot line must be provided to the Committee prior to the commencement of construction. g. Changes After Approval. Any changes, remodeling, reconstruction, alternations or additions to any building or other structure(s), including fencing and walls, on any Lot shall also be subject to the prior approval in writing by the Declarant. -3- h. Staking. The applicant shall stake the location of buildings or improvements on the site prior to such approval. i. F-.videiire of Approval. Approval of any plans and specifications shall be evidenced by the written endorsement of the Declarant or approving agent made on said plans and specifications, and a copy thereof shall be delivered by the Declarant to the applicant, or to his agent or representative, prior to the commencement of construction. One set of said plans and specifications shall be retained by the Declarant. j. Disa2l2roval of Plans. The Declarant shall have the right to disapprove any plans and specifications submitted to it for any one or more of the following reasons: i. If the plans and specifications are not in sufficient detail or are incomplete; I If, in the opinion of the Declarant, the architectural design of the proposed building or structure as shown by the plans and specifications, plat plans, or the location of any structure, is not in harmony with the general surroundings, or with the building or structures, or proposed building or structures, adjacent to the location at which said proposed building or structure is intended to be erected. iii. If the roof is of either a material or style different than that specified by the Declarant, roofing materials shall be of neutral color and non -reflective, except for solar equipment, and approved by the Declarant; iv. If the plans and specifications are not in compliance with the provisions of this Bill of Assurance; or . V. If the plans and specifications are not in compliance with the zoning for the Property. k. Timin of Approval and Construction. The Declarant shall approve or disapprove such plans and specifications, and notify Owner of its decision within seven (7) days after receipt thereof. The exterior construction of each residence, including the final color coat of paint, shall begin promptly after approval of the plans and shall continue until fully completed, with all such construction to be fully completed within one (1) year after commencement of construction. No residence placed or erected on any lot shall be occupied in any manner until made to comply with the approved plans, and all other conditions and restrictions herein set forth. By approving any plans, the Committee is not assuming any responsibility for ensuring that any Lot owner complies with the zoning for that Lot. UNDER NO CIRCUMSTANCES WILL THE COMMITTEE'S APPROVAL OF ANY BUILDING PLANS RELIEVE THE LOT OWNER FROM. FULL RESPONSIBILITY FOR FAILING TO COMPLY WITH THE ZONING OF ANY LOT IN THE PLACEMENT OF ANY IMPROVMENETS ON THAT LOT. M1 1. Non -Liability of Declarant. In reviewing plans and specifications, the Declarant shall consider only aesthetic matters reflected therein, and shall not consider the structural adequacy, advisability or safety of any matter contained therein. The Declarant shall not be responsible for any defects in said plans or specifications or in any building or structure erected according to such plans and specifications. The Declarant shall not be liable in damages to anyone so submitting plans for approval, or to any owner or owners of land covered by this instrument by reason of mistake in judgment, negligence or nonfeasance of itself, its agents or employees, arising out of or in connection with the approval or disapproval, or failure to approve any such plans. Any person or entity submitting plans to the Declarant for approval shall for himself, and his successors and assigns, by the submitting of such plans, waive all claims for damages resulting from any such acts or omissions. 3. Common Area. Except for Tract 1, all areas designated on the Plat as a "Tract", including but not limited to the streets in the Subdivision, the entrance and exit -gates to the Property and related landscaping and islands and related structures and all improvements thereon, including but not limited to, all walls, lighting, irrigation, and all landscaped areas shall be maintained by the Association, except for public utility improvements, which are maintained by such public utilities. -Tract 1, which contains Lake Governor, and its related dam and drainage shall be maintained by the Association in conjunction with the owners of the lots in Phase 1B, Capitol Lakes Estates Addition to the City of Little Rock, Pulaski County, Arkansas, and future phases of the Capitol Lakes Estates development as indicated by the Declarant, and Declarant reserves the right to convey Tract 1 and related improvements to the Capitol Lakes Estates Property Owners Association for such maintenance. " 4. Delegation of Authority. Declarant has caused the>formation of a non profit corporation to act as a property owner's association for the Property, the Governor's Manor Property Owners Association, Inc. ("Association"). Declarant shall have the right, but not the obligation, by a written instrument recorded in the Office of the Recorder for Pulaski County, Arkansas, to delegate, convey and transfer to the Association all authority, rights, privileges and duties reserved by Declarant in this Bill of Assurance. I . 5. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance, each owner of a lot within the Property shall be deemed to covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter be levied -by the Association for the purpose of promoting the recreation, health, safety and welfare of the owners within the Property, in particular for the acquisition, servicing, improvement, repair- and maintenance of common areas, streets, gutters, and sidewalks, which amount together with interest, costs and collection and a reasonable attorney's fee, shall be a continuing lien upon the lot. The initial annual assessment fee shall be $75 per lot and shall be payable to the -5- Association, if formed by the Declarant, beginning January 1 of each year, with the first payment due on January 1, 2005. The Association shall pay to the Capitol Lakes Estates Property Owners Association from the annual assessment received from each lot within the Property an amount equal to the annual assessment levied by the Capitol Lakes Estates Property Owners Association on each lot subject to its assessment (currently $50 per lot). The purpose of this payment is to ensure that the residents of the Property pay an equal amount as the other residents of Capitol Lakes Estates for the maintenance of the common areas within the Capitol Lakes Estates subdivision. Upon the initial purchase of any Lot from the Declarant, the purchase shall also pay to the Association a one-time assessment of One Thousand Two Hundred Dollars ($1,200) to pay for the construction of the privacy fence around the Property, which construction shall occur as provided for in the By -Laws of the Association. The assessments, together with interest, costs and reasonable attorney's fees, and any fines imposed by this Bill of Assurance or the By-laws or Rules or Regulations established by the Association, shall be a charge on the land and shall be a continuing lien upon the lot against which each such assessment is made or such fine imposed. Each such assessment or fine, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such lot at the time when the violation occurred. The Association may change the annual assessment, from time to time, as it sees fit pursuant to any reasonable procedures established by the By -Laws of the Association. 6. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot in the Property other than one detached single-family residence not to exceed two and one-half stories in height. All residence will have a minimum first floor ceiling height of 9 feet. All roof pitches for residences less than 3,000 square feet shall be a minimum of 10/12. All roof pitches for residences greater than 3,000 square feet shall be a minimum of 8/12. All roofs shall have architectural shingles (25 year minimum). All exteriors shall be 100% brick, dryvit or rock to the facia. Siding will be permitted above the facia. 7. Setback Requirements. No residence shall be located on any lot nearer to the front lot line, the side street, or Capitol Hill Boulevard than the minimum building setback lines shown on the Plat; provided, such setback requirements may be modified if such modification is approved by the Architectural Control Committee, the Little Rock Planning Commission or the Little Rock Board of Directors, or such other regulatory agency as may succeed to their functions. The 35 foot set -back from Capitol Hill Boulevard shown on the Plat for Lots 1, 28, 29, 30, 36, 36, and 45 is measured from the northernmost right of way line for Capitol Hill Boulevard. No building shall be located nearer to an interior lot sideline than 5 feet. No principal dwelling shall be located on any lot nearer to the rear lot line than the set back distance shown on the Plat. For the purpose of this covenant, steps and porches not under roof shall not be considered as a part of the building. :C'l 8. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in the Property unless the finished heated and cooled living area, exclusive of porches, patios, garages, breezeways, exterior stairways, and porte cocheres, shall be equal to or exceed 1,600 square feet. Finished heated and cooled living area shall be measured in a horizontal plane to the face of the outside wall on each level. 9. Damage to Sidewalks, Curbs, and Gutters. Declarant may require each Lot owner, upon closing of the purchase of any Lot from the Declarant, to sign a written confirmation on a form provided by Declarant that a) the purchaser has had the opportunity to inspect any curbs, gutters, and sidewalks adjacent to the property lines of any Lot; b) that the same are free from any damage, c) that the purchaser assumes all responsibility for any damage which construction on that Lot causes to the streets, curbs, gutters, or sidewalks within the Subdivision-, and d) that the purchaser shall promptly repair to the standards of the City of Little Rock any damage the purchaser or their agents or contractors cause to the streets, curbs, gutters, and sidewalks in the property. All motor vehicles are prohibited' from driving on sidewalks within the Subdivision, including but not limited to vehicles or equipment used for the pouring of concrete associated with any construction on any Lot. The Association may levy a Special Assessment against any Lot to ensure payment for the remedy or enforcement of any violation of this Paragraph, including reasonable costs and attorneys fees. 10. Trash Removal. Each Owner shall be responsible for keeping their Lot and all other Lots, sidewalks, gutters, and streets clear from all trash generated from any activity on their Lot; including but not limited to litter, construction debris, and waste building materials, including but not limited to concrete ("Trash"). Each Owner shall see that, during construction on their Lot, that they remove and properly dispose of all Trash from the Lot by 4 p.m. each Friday in an appropriate dumpster or enclosed trash receptacle kept on the Lot for such purpose. 11. Accessory Structures. One (1) accessory structure shall be permitted per lot, provided that the accessory structure shall comply with the following requirements: a. The plans for the accessory structure are approved in accordance with Paragraph 2 of -this Bill of Assurance. b. No accessory structure shall exceed the permitted height of the residence; C. The architectural design and exterior finishing of the accessory structure shall be in harmony with the residence and the general- surroundings adjacent to the location; d. The floor area of the accessory structure shall not exceed that of the principal dwelling; and -7- e. Absolutely no metal buildings or other prefabricated structures shall be used as accessory structures. 12. Frontage of Residence of Streets. 'Any residence erected on any lot in the Property shall front or present a good frontage on the streets designated in the Plat, and for this purpose as applied to all inside lots, it shall mean that the residence shall front the street designated, and on any corner lot it shall mean that the residence shall front or present a good frontage on both of the streets designated in the Plat. 13. Commercial Structures. No building or structure of any type may ever be placed, erected or used for businesses, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to the Property. 14. Noxious Activity; Nuisance. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other refuse be thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any site unless placed in a container suitable for garbage pickup; nor shall anything ever be done which may be or become an annoyance or a nuisance to the neighborhood. 15. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any building site. 16. Cesspool. No leaching cesspool or septic system shall ever be constructed or used on any lot. 17. Existing Structure. No existing, erected building or structure of any sort may be moved onto or placed on any lot. 18-. ' Temporary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding shall at any time be used for human habitation, temporarily or permanently. 19. Easements for-Pubiic Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said easements being of various widths, reference being hereby made to the Plat filed herewith for a more specific description of width and location thereof (Typically, all lots shall have a 10.0 foot wide utility easement at the street and a 10.0 foot wide rear yard utility easement, unless noted otherwise on the Plat). No trees, In shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility or drainage easement, except for the fence and related improvements installed around the perimeter of the Subdivision by the Governor's Manor Property Owners' Association. In the event any trees, shrubbery, incinerators, structures, buildings, fences (except as noted above) or similar improvements shall be grown, built or maintained within the area of such easement, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service locate within the area of such easement. 20. Fences and Retaining Walls. The Association shall install six (6) foot tall wrought iron fencing along all lot lines which abut Capitol Hills Boulevard or the Oasis Renewal Center, specifically the side lot line of lots 1, 45, 37, 36, 30, 29, and 28 which are adjacent to Capitol Hill Boulevard, and the rear lot lines of lots 9 through 28 which are adjacent to the Oasis Renewal Center, as shown on the Plat, which fencing shall be maintained by the Property Owners' Association. The Lot owners of the aforementioned lots shall not remove or install any other fencing along those lot lines where the Declarant has installed wrought iron fencing. The Association shall also be responsible for the installation of any gates at the entrance and exits to the Subdivision. In order that the gates do not interfere with the construction traffic in the Subdivision, no such gates shall be installed until the City of Little Rock has issued a Certificate of Occupancy for all of the single family homes to be constructed in the Subdivision, or at such earlier time as the Declarant approves in its sole discretion. No fences, enclosure or part of any building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot. All fencing must either match the design and material of the fence installed by the Association around the perimeter of the Subdivision or constructed of 100% cedar wood fencing, except for the posts and horizontal supports, and approved by the Association as provided for in Paragraph 2. All wooden fencing shall be constructed in good neighbor fashion, with the planking facing the outside of any lot and the posts and supports facing the inside of any lot. Chain link and other types of fences are in all events strictly prohibited and shall not be used under any circumstances. It is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard. Any fences installed shall be six (6) in height and will be alloiwed beyond the platted side yard setback. The facade of any retaining walls shall be constructed of 100% brick, rock or stucco material and designed to match the principal residence on the Lot. 21. Property Lines and Boundaries. Iron pins have been set on all lot corners and points of curve and all lot dimensions shown on curves are chord .distances, and all curve data as shown on the Plat filed herewith is centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by the established pins, the pins as -set shall control. In 22. Drivewav Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cut at driveways, and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 23. No Subdivision. No lot shall be subdivided. 24. Landscaing. Landscaping shall be installed within 120 days of the completion of construction of the residence and shall include 100% Zoysia sod on the front, rear, and side yards. 25. Mowing of Laws -by Association. In order to ensure a uniform and well kept appearance of all lawns for the protection of the property values of all Lots within the Subdivision, the Association may, but is not required to, mow the grass of the front and side laws of any and all Lot between any fence and the street or sidewalk. The Association shall not maintain any landscaping other than the yards, specifically excluding all shrubs, flowers, trees, and other plants. Furthermore, all watering any lawn or landscaping on any Lot is the sole responsibility of the owner of that Lot. 26. Parking and Traffic. The Declarant shall have the power to promulgate reasonable rules, regulations, or restrictions on the parking or traffic within'the Property, including but not limited to prohibiting parking on all or part of the streets. 27. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns. All parties claiming by, through or under the present owner shall be taken to covenant with the owner of the lots hereby restricted, and its successors and assigns, to conform to and observe these restrictions. No restriction herein shall be personally binding upon any corporation, person or persons, except with the respect to breaches committed during its, his, her or their term of holding title to said land. Declarant, its successors and assigns, the Association' and the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure by any owner or owners of any lot or lets in this addition to observe any of the restrictions herein. Any delay in bringing such action shall, in no e►ient, be deemed to be a waiver of the right to do so thereafter.. Furthermore_ , the Association may levy a Special Assessment against any Lot for the enforcement or remedy of any breach of any of the covenants in this Bill of Assurance, including but not limited to reasonable costs and attorneys' fees. 28. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged by the -10- owner or owners of more then seventy-five percent (75%) in area of the total land contained within the Property. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2030 after which time each covenant in this instrument shall be automatically extended for successive periods of ten (10) years unless an instrument terminating the covenants signed by the then owners of seventy-five percent (75%) of the lots on the Plat have been recorded prior to the commencement of any ten-year period. 29. Attorneys Fees. In any legal or equitable proceeding for the enforcement or to restrain the violation of this instrument or any provisions thereof, by reference or otherwise the prevailing party or parties shall be entitled to attorney fees in such amounts as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 30. Pets. Only dogs and cats will be allowed as indoor/outdoor pets. Any outdoor pets will be confined to fenced areas. No reptiles shall be allowed as pets. No animals which are determined by the Association to be a nuisance or a threat to the health or safety of the residents or guests of the Property may be kept on the Property. 31. Severability. Invalidation of any restriction set forth herein or any part thereof by any order, judgment. or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions or any part as set forth herein, but they shall remain in full force and effect. EXECUTED this day of June, 2006. DECLARANT FAMILY BUILDERS, LLC, an Arkansas limited liability company .`JAY"' DEHAVEN, anager Reviewed only for inclusion of minimum standards required by the City of tithe Rock subdivision reguAor.:, Bill of Assuran* provisions established b1 i :c developer may e=cd minimum regulations of tho AZ= of Little Rock Planning Commission -11- ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this the Yday of June, 2006, before me, the undersigned officer, personally appeared JOHN W. "JAY" DEHAVEN, who acknowledged himself to be the Manager of FAMILY BUILDERS, LLC, and that he, as such Manager, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company, by himself as Manager. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. MY COMMISSION EXPIRES: S:\REALPROP\ 18=26CapLakes_GovernorsManorPRD9.doc ss►oH 9 I u T "r � � PUBE.IC h NT`(, -12- Lim �r1 NOTARY PUBLIC Doc## 2006045307 EXHIBIT A Legal Description Part of the South 1/2, NW 1/4, Section 7, Township 1 North, Range 13 West, City of Little Rock, Pulaski County, Arkansas, more particularly described as follows: Beginning at the NW corner of the SE 1/4, NW 1/4, Section 7, Township 1 North, Range 13 West, Pulaski County, City of Little Rock, Arkansas; thence South 88°36'39" East for a distance of 1146.77 feet to a point on a curve on the north right-of-way line of Capitol Hills Boulevard (said curve being concave to the North and having a radius of 850.00 feet and a central angle of 78°06'48"); thence along said north right-of-way line along a curve to the right southwesterly and westerly a distance of 1158.84 feet (said curve having a chord bearing of South 73°08'34" West and a distance of 1071.15 feet); thence continue along said north right-of-way North 67°48'02" West a distance of 351.91 feet to the beginning of a curve (said curve being concave to the Northeast and having a radius of 25.00 feet and a central angle of 87°27' 16"); thence northwesterly along said curve a distance of 38.16 feet to a point on the east right-of-way of Hartford Drive; thence along said east right-of-way North 19°39'15" East for a distance of 77.02 feet; thence continue along said east right-of-way North 16°26'08" East for a distance of 109.78 feet; thence South 88°36'38" East a distance of 161.70 feet to the Point of Beginning, containing 9.120 ACRES, more or less. -13- City of Little Rock Planning and Development Filing Fees Date; , 20 Annexation Board of Adjustment Coed, Use PermitlT.U.P. Final Plat Planned unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number -at Public Hearing Signs Number at ea. Total ea. $�o < w IIK-A $ CI'Y Jr gUILD[NG CODE $ ` 6 �} File No. Location Applic� By