HomeMy WebLinkAboutS-1221-I Application111111111111111111111111111111111111111 2018079014
PRESENTED: 12-26-2018 08:04:28 AM RECORDED: 12-26-2018 08:32:18 AM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FEE $65M
11111111111111111111111111111111111 2018078735
PRrzSEi+r'rED }227 30d8.70 78:d6Aiy R@j0R11ED' 12-21-2018 10:52: 01 AM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FE a; .p ��
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BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS. =%�•_
THAT, WHEREAS, POTLATCHDELTIC REAL ESTATE, LLC (hereinafter called
"PotlatchDeltic"), is the owner of the following property:
PART OF THE SE1/4 OF SECTION 16, T-2-N, R-14-W, LITTLE ROCK,
PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER
OF LOT 5, BLOCK 61, CHENAL VALLEY ADDITION TO THE CITY OF
LITTLE ROCK, PULASKI COUNTY, ARKANSAS; THENCE S77°09'44"E,
ALONG THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 44.74 FEET;
THENCE N12050'16"E, A DISTANCE OF 90.00 FEET TO A POINT ON THE
^/OPLT'H RIGHT OF WAY LINE OF CHALAMONT DRIVE, SAID POINT ALSO
BEING THE POINT OF BEGINNING; THENCE CONTINUE N12°50'16"E, A
DISTANCE OF 175.91 FEET; THENCE ALONG THE ARC OF A 57.00 FOOT
RADIUS CURVE TO THE RIGHT, HAVING A CHORD BEARING AND
DISTANCE OF N12050' 16"E, 112.19 FEET; THENCE N 12'50' 16"E, A DISTANCE
OF 174.51 FEET; THENCE S83°08'04"E, A DISTANCE OF 488.62 FEET;
THENCE S01 °29'21 "W, A DISTANCE OF 52.12 FEET; THENCE S08°32'07"E, A
DISTANCE OF 69.97 FEET; THENCE S39°03'01 "E, A DISTANCE OF 77.49
FEET; THENCE S72°13'53"E, A DISTANCE OF 41.91 FEET; THENCE
S69051'42"E, A DISTANCE OF 225.00 FEET; THENCE S75°19'42"E, A
DISTANCE OF 56.49 FEET; THENCE N57°51'54"E, A DISTANCE OF 113.87
FEET; THENCE ALONG THE ARC OF A 277.50 FOOT RADIUS CURVE TO
THE LEFT, HAVING A CHORD BEARING AND DISTANCE OF N63°35'15"W,
6.78 FEET; THENCE
N25°42'47"E, A DISTANCE OF 50.81 FEET; THENCE S88°30'39"E, A
DISTANCE OF 149.52 FEET; THENCE S65002'45"E, A DISTANCE OF 43.78
FEET; THENCE S48°05'17"E, A DISTANCE OF 45.00 FEET; THENCE
S41°54'43"W, A DISTANCE OF 75.00 FEET; THENCE S48°05'17"E, A
DISTANCE OF 175.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF
WAY LINE OF CHALAMONT DRIVE; THENCE ALONG SAID NORTHERLY
Prepared by: Friday, Eldredge & Clark
400 W. Capitol, Suite 2000
Little Rock, AR 72201
1
13826,0005/6710577
RIGHT OF WAY LINE THE FOLLOWING COURSES: (1) S41°54'43"W, 121.85
FEET; (2) ALONG THE ARC OF A 447.47 FOOT RADIUS CURVE TO THE
RIGHT, HAVING A CHORD BEARING AND DISTANCE OF S76°01'30"W,
501.91 FEET; (3) N69°51'42"W, 237.35 FEET; (4) ALONG THE ARC OF A 984.93
FOOT RADIUS CURVE TO THE LEFT, HAVING A CHORD BEARING AND
DISTANCE OF N73030'43"W, 125.41 FEET; (5) N77°09'44"W, 466.87 FEET TO
THE POINT OF BEGINNING. CONTAINING 12.476 ACRES, MORE OR LESS.
Chenal Valley an Addition to the City of Little Rock, Arkansas (the "Caurel Court Neighborhood");
and
WHEREAS, the Caurel Court Neighborhood is part of the community known as Chenal
Valley and is subject to those certain Covenants and Restrictions filed November 22, 1989 in the
office of the Circuit Clerk of Pulaski County as Instrument No. 89-61706, as amended, (the
"Covenants and Restrictions"); and
WHEREAS, PotlatchDeltic has caused to be incorporated (i) Caurel Court Property Owners
Association, Inc. for the purpose of administering the maintenance of the common area and
amenities in the Caurel Court Neighborhood and (ii) Chenal Valley Property Owners Association,
Inc. for the purpose of administering the maintenance of the common areas and amenities of Chenal
Valley; and
WHEREAS, all owners of lots within the Caurel Court Neighborhood are required to be
members of the Caurel Court Property Owners Association, Inc. as provided for herein and members
of Chenal Valley Property Owners Association, Inc. as provided for in the Covenants and
Restrictions; and
WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter
mentioned, be subdivided into building lots, tracts and streets as shown on the plat filed herewith and
that said property be held, owned and conveyed subject to the protective covenants herein contained
and in the Covenant and Restrictions in order to enhance the value of the Caurel Court
Neighborhood.
NOW THEREFORE, PotlatchDeltic, for and in consideration of the benefits to accrue to it,
its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a
plat sho ing a survey made by Daniel Havner, Registered Land Surveyor dated
IZ, and bearing a Certificate of Approval executed by the Department of
Comprehensive Planning of the City of Little Rock, and showing the boundaries and dimensions of
the property now being subdivided into lots, tracts and streets (the "Plat").
PotlatchDeltic hereby donates and dedicates to the public an easement of way on, over and
under the streets and right of way reflected on said Plat to be used as public streets. In addition to the
said streets, there are certain easements for utilities as reflected more particularly on the Plat which
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PotlatchDeltic hereby donates and dedicates to and for the use of public utilities ("Public Utilities")
in accordance with further terms and conditions of this Bill of Assurance, the same being, without
limiting the generality of the foregoing, electric power, gas, telephone, water, drainage, sewer and
cable television with the right hereby granted to the persons, firms or corporations engaged in the
supplying of such utilities to use and occupy such easements, and to have free ingress and egress
therefrom for the installation, maintenance, repair and replacement of such utility services.
The use of the areas designated on the Plat as Tracts A, B and C, Block 56, and Tract D,
Block 57, Chenal Valley, an addition to the City of Little Rock, Arkansas, are hereby donated and
dedicated by PotlatchDeltic to the owners, as they may exist from time to time, of lots within the
Caurel Court Neighborhood with the right, subject to further terms and conditions of the Plat and this
Bill of Assurance, to use these areas for landscaping, and the Caurel Court Property Owners
Association, Inc. shall maintain such areas and improvements at its sole cost. No improvements by
any party shall be placed on the areas designated as Tracts A, B and C, Block 56, and Tract D, Block
57, Chenal Valley, an addition to the City of Little Rock, Arkansas, unless first approved by
PotlatchDeltic, the appropriate agencies of the City of Little Rock, Caurel Court Property Owners
Association, Inc. and the Architectural Control Committee established pursuant to the Covenants and
Restrictions of Chenal Valley.
TRACTS B AND C, BLOCK 56, CHENAL VALLEY, AN ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS, MAY NOT BE USED FOR VEHICULAR ACCESS.
The use of the area designated on the Plat as Tract A, Block 56, Chenal Valley, an addition to
the City of Little Rock, Arkansas, is further hereby donated and dedicated by PotlatchDeltic to the
owners, as they may exist from time to time, of lots within the Caurel Court Neighborhood with the
right, subject to further terms and conditions of the Plat and this Bill of Assurance, to use the area for
a pedestrian path and landscaping, and the Caurel Court Property Owners Association, Inc. shall
maintain such area and improvements at its sole cost. No improvements by any party shall be placed
on the area designated as Tract A, Block 56, Chenal Valley, an addition to the City of Little Rock,
Arkansas, unless first approved by PotlatchDeltic, the appropriate agencies of the City of Little Rock,
Caurel Court Property Owners Association, Inc. and the Architectural Control Committee
established pursuant to the Covenants and Restrictions of Chenal Valley.
The use of the area designated on the Plat as Tract D, Block 57, Chenal Valley, an addition to
the City of Little Rock, Arkansas, is further hereby donated and dedicated by PotlatchDeltic to the
owners, as they may exist from time to time, of lots within the Caurel Court Neighborhood with the
right, subject to further terms and conditions of the Plat and this Bill of Assurance, to use the area for
landscaping and a United States Postal Service kiosk and the Caurel Court Property Owners
Association, Inc. shall maintain such area and improvements at its sole cost. No improvements by
any party shall be placed on the area designated as Tract D, Block 57, Chenal Valley, an addition to
the City of Little Rock, Arkansas, unless first approved by PotlatchDeltic, the appropriate agencies of
the City of Little Rock, Caurel Court Property Owners Association, Inc. and the Architectural
Control Committee established pursuant to the Covenants and Restrictions of Chenal Valley.
3
PRIOR TO THE COMMENCEMENT OF ANY INSTALLATION OF UTILITIES WITHIN
THE UTILITY EASEMENTS REFLECTED ON THE PLAT, THE PUBLIC UTILITIES MUST
SUBMIT WRITTEN PLANS AND SPECIFICATIONS OF THE PROPOSED IMPROVEMENTS
TO THE ARCHITECTURAL CONTROL COMMITTEE FOR REVIEW AND APPROVAL.
ALL UTILITIES TO BE INSTALLED BY PUBLIC UTILITIES AFTER PLATTING OF
THE RIGHTS -OF -WAY MUST BE APPROVED PRIOR TO COMMENCEMENT OF
CONSTRUCTION BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF LITTLE ROCK
AND IF SUBSEQUENTLY INSTALLED IN THE RIGHTS -OF -WAY OR IN ANY EASEMENT
ADJACENT TO THE RIGHTS -OF -WAY SUCH INSTALLATION MUST BE AT A DEPTH OF
AT LEAST 30" BELOW THE ELEVATION OF THE ADJACENT STREET.
DEVELOPER, ITS SUCCESSORS OR ASSIGNS, HAS NO DUTY TO MAINTAIN,
REPAIR OR REPLACE ANY IMPROVEMENTS LOCATED WITHIN THE TRACTS,
INCLUDING, BUT NOT LIMITED TO, UTILITIES, PEDESTRIAN PATHS AND
LANDSCAPING OR WITHIN OTHER EASEMENT AREAS REFLECTED ON THE PLAT, ALL
COSTS ASSOCIATED WITH ANY SUCH MAINTENANCE, REPAIR OR REPLACEMENT OF
SUCH IMPROVEMENTS, AND ALL LANDSCAPING TREATMENTS, IS THE SOLE AND
EXCLUSIVE RESPONSIBILITY OF THE ASSOCIATION, TO THE EXTENT SUCH COSTS
ARE NOT A RESPONSIBILITY OF THE CITY OF LITTLE ROCK, ARKANSAS OR THE
UTILITY PROVIDER.
The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and
Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the
streets and easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as "Lots 1 - 30, Block 56, Tracts A, B
and C, Block 56, and Tract D, Block 57, Chenal Valley, an addition to the City of Little Rock,
Arkansas", and any and every deed of conveyance of any lot in the Caurel Court Neighborhood
describing the same by the number shown on said Plat shall always be deemed a sufficient
description thereof.
Said lands herein platted and any interest therein shall be held, owned and conveyed subject
to and in conformity with the following covenants:
I. Additions to Caurel Court Neighborhood. Additional lands of PotlatchDeltic may become
subject to this Bill of Assurance and added to Caurel Court Neighborhood in the following manner:
PotlatchDeltic shall have the right but not the obligation to bring within the Caurel Court
Neighborhood additional properties, regardless of whether or not said properties are presently owned
by PotlatchDeltic, as future phases of the Caurel Court Neighborhood, provided that such additions
are in accord with the general plan of development for the Caurel Court Neighborhood (the "Caurel
Court General Plan") which has been prepared prior to the date of this Bill of Assurance and prior to
the sale of any lot in the Caurel Court Neighborhood and is maintained in the office of PotlatchDeltic
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and provided such proposed additions, if made, become subject to assessments of the Caurel Court
Property Owners Association, Inc. for their share of expenses. UNDER NO CIRCUMSTANCES
shall this Bill of Assurance or any supplement or the Caurel Court General Plan bind PotlatchDeltic
to make the proposed additions or to adhere to the Caurel Court General Plan or any subsequent
development plan shown on the Caurel Court General Plan. Nor shall PotlatchDeltic be precluded
from conveying lands in the Caurel Court General Plan not subject to this Bill of Assurance or any
supplement free and clear of this Bill of Assurance or any supplement thereto. Any additional phases
added to the Caurel Court Neighborhood shall be made by filing of record a Supplemental Bill of
Assurance with respect to the additional property and shall extend the covenants and restrictions of
this Bill of Assurance to said additional property and the owners, including PotlatchDeltic, of lots in
those additions shall immediately be entitled to all rights and privileges provided in this Bill of
Assurance. The Supplemental Bill of Assurance may contain such complementary additions and
modifications of the provisions of this Bill of Assurance necessary to reflect the different character,
if any, of the added properties as are not inconsistent with the plan of this Bill of Assurance. In no
event, however, shall such supplement revoke, modify or add to the covenants established by this
Bill of Assurance as to the property herein described. No entity, other than PotlatchDeltic, shall have
the right to subject additional lands to the Caurel Court Neighborhood unless PotlatchDeltic shall
indicate in writing that such additional lands may be included.
2. Architectural Control. No improvements shall be constructed or maintained upon any lot
or Tract and no alteration or repainting to the exterior of any improvement, including, but not limited
to, walls, retaining walls and swimming pools, shall be made and no landscaping performed unless
approved by the Architectural Control Committee as provided for in the Covenants and Restrictions
and this Bill of Assurance.
3. Use of Land. The land herein platted shall be held, owned and used only as residential
building sites. No structures shall be erected, altered, placed or permitted to remain on any building
site other than a single detached single-family residence.
4. Common Amenities. The areas designated on the Plat as Tracts A, B and C, Block 56,
and Tract D, Block 57, and all improvements thereon, including but not limited to, any walls,
lighting, drainage, irrigation, pedestrian path and landscaped areas shall be maintained by the Caurel
Court Property Owners Association, Inc., to the extent they are not the responsibility of the City of
Little Rock, Arkansas and except for public utility improvements which are maintained by such
public utilities.
5. Delegation of Authority. PotlatchDeltic has caused the formation of the Caurel Court
Property Owners Association, Inc., a nonprofit corporation. PotlatchDeltic shall have the right, but
not the obligation, by a written instrument recorded in the Office of the Recorder for Pulaski County,
Arkansas, to delegate, convey and transfer to such corporation all authority, rights, privileges and
duties reserved by PotlatchDeltic in this Bill of Assurance.
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6. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of
property covered by this Bill of Assurance, each owner, other than PotlatchDeltic, of a lot within
Caurel Court Neighborhood shall be deemed to covenant and agree to be a member of Caurel Court
Property Owners Association, Inc. and to pay any assessments, charges and/or special assessments
which may hereinafter be levied by the Caurel Court Property Owners Association, Inc. for the
purpose of promoting the recreation, health, safety and welfare of the owners within the Caurel Court
Neighborhood, in particular for the acquisition, servicing, improvement and maintenance of the
Tracts, common properties, common area, common amenities and drainage easements within the
Caurel Court Neighborhood and facilities which may be hereafter dedicated for use by PotlatchDeltic
or otherwise acquired by the Caurel Court Property Owners Association, Inc., which amount together
with interest, costs of collection and a reasonable attorney's fee, shall be a continuing lien upon the
lot.
In lieu of assessments being imposed upon such lots owned by PotlatchDeltic, PotlatchDeltic
shall underwrite all reasonable costs for the operation of Caurel Court Property Owners Association,
Inc. not covered by assessments paid by owners of non-PotlatchDeltic lots until eighty percent (80%)
of all lots are owned by persons or entities other than PotlatchDeltic. Once eighty percent (80%) of
all lots are owned by persons or entities other than PotlatchDeltic, the remaining lots owned by
PotlatchDeltic shall be subject at the next annual assessment to the same assessments as non-
PotlatchDeltic lots.
7. Height and Type of Residence. The residences in Caurel Court shall be of similar size and
architectural style so as to create a neighborhood of architectural continuity. All construction shall
be approved by the Architectural Control Committee, in its sole and absolute discretion, as further
provided for in paragraph 2 of this Bill of Assurance. No residence shall be erected, altered, placed
or permitted to remain on any lot in the Caurel Court Neighborhood other than one detached
single-family residence not to exceed two stories in height unless the Architectural Control
Committee has approved in writing a residence of a greater height.
8. Setback Requirements. No residence shall be located on any lot nearer to the front lot line
or the side street line than twenty-five (25) feet, EXCEPT FOR LOTS 17 AND 18, BLOCK 56,
CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, WHICH
MAY BE LOCATED WITHIN TWENTY (20) FEET OF THE FRONT LOT LINE, provided, such
setback requirements may be modified if such modification is approved by the Architectural Control
Committee, the Little Rock Planning Commission or the Little Rock Board of Adjustment, and such
other regulatory agency as may succeed to their functions. No building shall be located nearer to an
interior lot side line than seven (7) feet. No principal dwelling shall be located on any lot nearer than
twenty-five (25) feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches
not under roof shall not be considered as a part of the building. Where two or more lots are acquired
as a single building site, the side building lines shall refer only to those bordering the adjoining
property owner.
Con
9. Minimum Square Feet Area. No residence shall be constructed or permitted to
remain on any building site in the Caurel Court Neighborhood unless the finished heated living area,
exclusive of porches, patios, garages, breeze ways, exterior stairways, porte cocheres, storage areas
and outbuildings, shall equal to or exceed that shown in the following schedule:
One Story Multi -Story
Lot Number Minimum Sa. Ft. Minimum Sa. Ft.
All Lots 1,800 2,200
Finished heated living area shall be measured in a horizontal plane to the face of the outside
wall on each level.
10. Frontage of Residence on Streets. Any residence erected on any lot in the Caurel Court
Neighborhood shall front or present a good frontage on the streets designated in the Plat, and for this
purpose as applied to all inside lots, it shall mean that the residence shall front on the street
designated, and on any corner lot it shall mean that the residence shall front or present a good
frontage on both of the streets designated in the Plat.
11. Commercial Structures. No building or structure of any type may ever be placed, erected
or used for business, professional, trade or commercial purposes on any portion of any lot. This
prohibition shall not apply to any business or structure that may be placed on any lot or portion of a
lot that is used exclusively by a public utility company in connection with the furnishing of public
utility services to the Caurel Court Neighborhood.
12. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant to the
residence may be erected on any of the lots hereby restricted without the consent in writing of the
Architectural Control Committee.
13. Noxious Activity. 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 nuisance to the neighborhood.
14. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any building site, 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.
15. CesspooI. No leaching cesspool shall ever be constructed or used on any lot.
7
16. Existing Structure. No existing, erected building, manufactured home, mobile home or
structure of any sort may be moved onto or placed on any of the above -described lots.
17. Temporary Structure. No trailer, basement, tower, tent, shack, garage, barn or other
outbuilding other than a guest house and servants quarters erected on a building site covered by these
covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any
structure of a temporary character be used for human habitation.
18. Easements for Public Utilities and Drainage. Easements for the installation,
maintenance, repair and replacement of utility services, sewer, drainage and storm drainage overflow
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 type, width and location
thereof. Except as otherwise provided herein, no trees, shrubbery, incinerators, structures, buildings,
fences or similar improvements shall be grown, built or maintained within the area of such utility,
drainage or storm drainage overflow easement. In the event any trees, shrubbery, incinerators,
structures, buildings, fences 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 located within the area of such easement.
The Owner of a lot is solely responsible for the existing drainage course across his lot. The
Caurel Court Property Owners Association, Inc. is only responsible for maintenance and replacement
of drainage equipment and facilities existing within the easements granted herein and described on
the Plat that are not the responsibility of the City of Little Rock, and has no responsibility for the
maintenance and repair of any drainage course or equipment located upon those areas of the lot
outside the easement.
19. Fences, Flag Poles, Tree Houses. No fences or other enclosure of part of any building of
any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the
front lot line than the building setback line applicable and in effect as to each lot, provided, however,
that chain link or similar fences are in all events strictly prohibited and shall not be used under any
circumstances; provided, further, that it is not the intentions of this paragraph to exclude the use of
evergreens or other shrubbery to landscape the front yard. Fencing of any type must be approved by
the Architectural Control Committee as provided in paragraph 2 hereof. No flagpoles or tree houses
may be erected or installed on any lot.
20. Sight Line Restrictions. No fence, wall, hedge or shrub planting which obstructs sight
lines at elevations between two and six feet above the roadways, shall be placed or permitted to
remain on any corner lot within the triangular area formed by the street property lines and a line
connecting them at points fifty (50) feet from the intersection of the street lines, or in the case of a
rounded property corner, within the triangle formed by tangents to the curve at its beginning and end,
and a line connecting them at points fifty (50) feet from their intersection. No tree shall be permitted
to remain within such distances of such intersections unless the foliage line is maintained at a height
8
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of at least eight (8) feet to prevent obstruction of such sight lines. The same sight line limitations
shall apply on any lot within ten feet of the intersection of the street property line with the edge of a
driveway or alley pavement.
21. 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.
22. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall
be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the gutter line
not more than two inches above the gutter grade.
23. Subdividing Lot. No lot shall be subdivided.
24. Riaht to Enforce. The restrictions herein set forth as well as those contained within the
Covenant and Restrictions shall run with the land and shall bind the present owner, its successors
and assigns. All parties claiming by, through or under the present owner shall be taken to covenant
with the owner of the lots hereby restricted, and their respective successors and assigns, to conform
to and observe these restrictions. No restriction herein shall be personally binding upon any
corporation, person or persons, except with respect to breaches committed during its, his or their
term of holding title to said land. PotlatchDeltic, its successors and assigns (for so long as
PotlatchDeltic owns lots within Caurel Court Neighborhood but not thereafter), the Caurel Court
Property Owners Association, Inc. and also 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 owner or owners of any lot or lots in this addition to observe any of
the restrictions herein. Any delay in bringing such action shall in no event be deemed to be a waiver
of the right to do so thereafter.
25. 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 owner or owners of more than
seventy-five percent (75%), as it may exist at such time, including additions made hereto pursuant to
Paragraph 1 hereof, of the total lots within the Caurel Court Neighborhood. Each covenant in this
instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1,
2048, after which time each covenant in this instrument shall be automatically extended for
successive periods of ten (10) years unless an instrument terminating the covenants signed by the
then owners of seventy-five percent (75%) of the lots in the Caurel Court Neighborhood has been
recorded prior to the commencement of any ten-year period.
0
27. Attorney Fee. In any legal or equitable proceeding for the enforcement of or to restrain
the violation of this instrument or any provisions thereof, by reference or otherwise, the prevailing
parry 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.
27. Extension. All covenants for which extension is not otherwise provided in this
instrument, shall automatically be extended for successive periods of ten (10) years each unless
modified, terminated or canceled as provided herein.
10
28. Severabitity. 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 thereof as set forth herein, but they shall remain in full force and effect.
s-01
EXECUTED this Z/ day of December, 2018.
POTLATCHDELTIC REAL ESTATE, LLC
By:
Da id Meghreblian, V e President
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day before me, a Notary Public, duly commissioned, qualified and acting within and
for said county and state, appeared the within named David Meghreblian, to me well known, who
stated he was the Vice President of POTLATCHDELTIC REAL ESTATE, LLC, and was designated
and duly authorized in that capacity to execute the foregoing instrument for and in the name and
behalf of said POTLATCHDELTIC REAL ESTATE, LLC, and further stated and acknowledged that
he had so signed, executed, and delivered said foregoing instrument for the consideration, uses and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this o2l day of
December, 2018.
My Commission Expires: 6A --03 -U 1-�
TAMARA M. GUFFEY
Arkansas - Saline County
Notary Public - Comm# 12396983
My Commission Expires Feb 3. 2024
11
Notary Public
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Vitto Imo`! i:'��i la in—.' �ii��.ai�:i
Carney, Dana
From:
Vincent Hotho <Steven.Hotho@lrwra.com>
Sent:
Thursday, December 20, 2018 3:06 PM
To:
Timothy Daters
Cc:
Carney, Dana
Subject:
Chenal Valley 18-K
Tim,
With the bond posted, LRWRA does not object to filing the plat for the subdivision, but please do not file the offsite
sewer easement until the sewer as -built drawing can be reviewed.
Thanks,
Vince
S. Vincent Hotho, P.E.
Engineering Program Supervisor
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501)688-1452
www Irwra rnm
LITTLE ROCK
Water Reclamation
Authori Y NE VfR3ER.
AWEUYUft�:
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom they are addressed. If you have received this
email in error, please notify the sender. This message may contain confidential
information, and is intended only for the individual named.
Carney, Dana
From: Carney, Dana
Sent: Friday, December 21, 2018 9:39 AM
To: 'Tamara Guffey'
Subject: RE: Chenal Valley Phase 18K and Phase 18E-5
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Friday, December 21, 2018 9:24 AM
To: Carney, Dana <DCarney@little rock.gov>
Subject: RE: Chenal Valley Phase 18K and Phase 18E-5
18K:
12.5 acres $400.00
30 lots x $4.00 per lot = $120.00
4 open space tracts
2 signs x $150.00 per sign = $300.00
TOTAL = $820.00
18E5:
4.24 acres $175.00
8 lots X $4.00 per lot = $32.00
2 open space tracts
1 sign x $150.00 per sign = $150.00
TOTAL = $357.00
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Carney, Dana <DCarnev@littlerock.gov>
Sent: Friday, December 21, 2018 9:20 AM
To: Tamara Gulley <tguffev@whitedaters.com>
Subject: RE: Chenal Valley Phase 18K and Phase 18E-5
Acreage and number of lots for each? Street signs?
From: Tamara Guffey [mailto:tguffev@whitedaters.com]
Sent: Friday, December 21, 2018 9:03 AM
To: Carney, Dana <DCarnev@littlerock_gov_>
Subject: Chenal Valley Phase 18K and Phase 18E-5
Importance: High
Dana
We are headed your way this morning. Can you please tell me what the filing fees are for the above projects?
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
Carney, Dana
From: Kreimeyer, Samuel
Sent: Friday, December 21, 2018 10:31 AM
To: Carney, Dana; Moore, Monte
Cc: Floriani, Vince
Subject: Chenal Valley 18-K
Dana, Monte,
White Daters has delivered the completion bond for Chenal Valley 18-K. We can approve signing the final plat.
Regards,
Samuel Kreimeyer, E.I., CFM
Civil Engineer I
City of Little Rock Public Works
skre imever@j ittlerock.gov
0: (501) 918-5348 11 M: (501) 352-5069
Tamara Guffey
From:
Sent:
To:
Subject:
Attachments:
AT&T approves of these plats.
Thank You,
c7on#a /ffawi w
AT&T
Mgr. Engineering/Design
501-373-8892
MANION, JOSEPH E <jm4138@att.com>
Monday, December 17, 2018 3:05 PM
Tamara Guffey
FW: Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
FINAL PLAT CV18E5 - EPERNAY PLACE.pdf; Final Plat CV 18K - Caurel
Court.pdf
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Friday, December 14, 2018 3:29 PM
To: Jonathan Long <Jonathan.Long@carkw.com>; Vincent Hotho <Steven.Hotho@Irwra.com>; 'Jeremy
Henderson' <jhende9@entergy.com>; MANION, JOSEPH E <jm4138@att.com>; Bates, Joni B.
<joni.bates@centerpointenergy.com>; Hill, Richard <Richard_Hi112@comcast.com>
Cc: Timothy Daters <tdaters@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; Carney,
Dana <DCarney@littlerock.gov>; Floriani, Vince <VFloriani@littlerock.gov>
Subject: Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
Good Afternoon All:
Attached are two separate subdivision plats in west Little Rock that we are requesting review and
approval comments. The owner of these projects will be filing these plats on Thursday, December 20tn
If you require any additional easements, please let us know before this date. Tim Daters is available if
there are any questions.
Thank you for your assistance.
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
Tamara Guffey
From: Henderson, Jeremy <jhende9@entergy.com>
Sent: Tuesday, December 18, 2018 11:36 AM
To: Tamara Guffey
Subject: RE: Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
Entergy approves.
Thanks!
Jeremy Henderson
Engineering Associate 11
Entergy Arkansas, LLC
9 Entergy Ct.
Little Rock, AR 72211
501-223-6125
A"
J n tffgly
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Tuesday, December 18, 2018 11:31 AM
To: 'Joni Bates'; Henderson, Jeremy; Vincent Hotho; Jonathan Long; Hill, Richard
Cc: Timothy Daters
Subject: FW: Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
Reminder these two plats are needing approvals to file on Thursday. A utility easement has been added
to Chenal Valley 18K.
Thank you for your assistance
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Tamara Guffey
Sent: Friday, December 14, 2018 3:29 PM
To: 'Jonathan Long' <Jonathan.Long@carkw.com>; 'Vincent Hotho' <Steven.Hotho@Irwra.com>; 'Jeremy
Henderson' <jhende9@entergy.com>;'Joseph Manion' <jm4138@att.com>;'Bates, Joni B.,
<joni.bates@centerpointenergy.com>; Hill, Richard <Richard_Hi112@comcast.com>
Cc: Timothy Daters <tdaters@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; 'Carney,
Dana' <DCarney@littlerock.gov>; 'Floriani, Vince' <VFloriani@littlerock.gov>
Subject: Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
Tamara Guffey
From: Timothy Daters
Sent: Thursday, December 20, 2018 10:31 AM
To: Tamara Guffey
Subject: FW: Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
From: Jonathan Long <Jonathan.Long@carkw.com>
Sent: Thursday, December 20, 2018 10:14 AM
To: Timothy Daters <tdaters@whitedaters.com>
Subject: Re: Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
CAW approves this plat
On Dec 20, 2018, at 9:55 AM, Timothy Daters <tdaters@whitedate rs.com> wrote:
Jonathan,
PotlatchDeltic has several of the lots under contract, and for them to close by the end of
the year we need to get the plats signed off on today.
We are posting a bond with the City to assure completion of any improvements that are
not complete.
Please let me know if you are OK with the plat or if you have any questions.
Thanks
Tim
Timothy E Daters, PE
President
White-Daters & Associates
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
M: (501) 580-5694
E: tdaters @vwh itgdaters.com
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Friday, December 14, 2018 3:29 PM
To: Jonathan Long <Jonathan.Lonp@carkw.com>; Vincent Hotho
<Steven.Hotho@lrwra.com>; 'Jeremy Henderson' <ihende9@entergy.com>; 'Joseph
Manion' <im4138@att.com>; Bates, Joni B.<joni.batespcenterpointenergy.com>; Hill,
Richard <Richard Hill2@comcast.ccm>
Cc: Timothy Daters <tdaters@whitedaters.com>; Daniel Havner
<dhavner@whitedaters.com>; Carney, Dana <DCarney@Iittlerock.gov>; Floriani, Vince
<V F to ria n i @ litt leroc k.gov>
Subject: Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
Good Afternoon All:
Tamara Guffey
From:
Rathsburg, Brittany R <brittany.rathsburg@CenterpointEnergy.com>
Sent:
Thursday, December 20, 2018 12:53 PM
To:
Tamara Guffey
Cc:
Bates, Joni B.; Fuentes, Kenneth W
Subject:
FW: [External Email] Final Plats - Chenal Valley Phase 18E5 and Phase
18K for circulation
Attachments:
FINAL PLAT CV18E5 - EPERNAY PLACE.pdf, Final Plat CV 18K - Caurel
Court.pdf
Tamara,
The final plats for Chenal Valley 18K and Chenal Valley 18E5 are approved. Please let me know if you
have any questions or concerns.
Kind Regards,
Brittany Rathsburg, El
Engineer II 1 Arkansas/Oklahoma Region
EneW 501.377.4986 w. 1501.831.9951 c.
CenterPointEnergy.com
00
From: Fuentes, Kenneth W
Sent: Monday, December 17, 2018 8:17 AM
To: Rathsburg, Brittany R <brittany.rathsburg@CenterpointEnergy.com>
Subject: FW: [External Email] Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
Brittany,
Please review the two (2) separate plats and insert to GIS if we have no conflicts.
Thanks,
Kenneth W. Fuentes, El
CMItalftllf Engineer II 1 AR/OK Region
EMW 501.377.4606 w. 1501.516.9585 c.
CenterPointEnergy.com
From: Bates, Joni B.
Sent: Friday, December 14, 2018 4:05 PM
To: Fuentes, Kenneth W<kenneth.fuentes@centerpointenerRy.com>
Subject: Fwd: [External Email] Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
Please review.
Timothy Daters
From:
Vincent Hotho <Steven.Hotho@lrwra.com>
Sent:
Thursday, December 20, 2018 3:06 PM
To:
Timothy Daters
Cc:
Carney, Dana
Subject:
Chenal Valley 18-K
Tim,
With the bond posted, LRWRA does not object to filing the plat for the subdivision, but please do not file the offsite
sewer easement until the sewer as -built drawing can be reviewed.
Thanks,
Vince
S. Vincent Hotho, P.E.
Engineering Program Supervisor
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501)688-1452
www.lrwra.com
LITTLE ROCK
Water Reclamafion
ONEATER
kthod" ONF Vuirtik
6ME FUTURp.
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom they are addressed If you have received this
email in error, please notify the sender This message may contain confidential
information, and is intended only for the individual named
Timothy Daters
From: Floriani, Vince <VFloriani@littlerock.gov>
Sent: Thursday, December 20, 2018 4:33 PM
To: Timothy Daters
Subject: RE: 18-K Completion Bond
Tim,
Thanks, when will we get 18E-5?
Vince Floriani, P.E.
Little Rock Public Works -Civil Engineering
701 W. Markham St.
Little Rock, Arkansas 72201
501-371-4817
From: Timothy Daters [mailto:tdaters@whitedaters.com]
Sent: Thursday, December 20, 2018 4:04 PM
To: Floriani, Vince
Subject: 18-K Completion Bond
Vince,
Will drop this off in the morning.
Thanks
Tim
Timothy E Daters, PE
President
White-Daters & Associates
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
M: (501) 580-5694
E: tdaters@whitedaters.com
Timothy Daters
From: Timothy Daters
Sent: Wednesday, December 19, 2018 8:22 AM
To: 'Hill, Richard'
Subject: FW: Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
Attachments: FINAL PLAT CV18E5 - EPERNAY PLACE.pdf; Final Plat CV 18K - Caurel Court.pdf
Richard,
We are going to plat these two phases this week.
Please let me know if you need any additional easements to serve these additions.
If we don't hear back from you, we will go ahead and record the subdivision and get you a copy of the recorded plat for
your records.
Tim
Timothy E Daters, PE
President
White-Daters & Associates
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
M: (501) 580-5694
E: tdaters@whitedaters.com
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Friday, December 14, 2018 3:29 PM
To: Jonathan Long <Jonathan.Long@carkw.com>; Vincent Hotho <Steven.Hotho@Irwra.com>; 'Jeremy Henderson'
<jhende9@entergy.com>; 'Joseph Manion' <jm4138@att.com>; Bates, Joni B. <joni.bates@centerpointenergy.com>;
Hill, Richard <Richard_Hi112@comcast.com>
Cc: Timothy Daters <tdaters@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; Carney, Dana
<DCarney@little rock.gov>; Floriani, Vince <VFloriani@littlerock.gov>
Subject: Final Plats - Chenal Valley Phase 18E5 and Phase 18K for circulation
Good Afternoon All:
Attached are two separate subdivision plats in west Little Rock that we are requesting review and approval
comments. The owner of these projects will be filing these plats on Thursday, December 20tn
If you require any additional easements, please let us know before this date. Tim Daters is available if there are any
questions.
Thank you for your assistance.
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
City of Little Rock
Planning and Development
Frling Fees
Date
Annexation
Board of Adjustment
Cond Use Permit/ T UP
Final Plat
Planned Unit Dev
Preliminary Plat
Special Use Permit
Rezoning $
Site Plans •�_
Street Name Change _ 40
Street Name Signs
:kyY � .•_3 !I CK
Number at eai
Public Hearing Signs
Number at ea
E1
Total $ d W * 60
File No
Location r
Applicant �.4
By