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HomeMy WebLinkAboutS-1280-D ApplicationCity of Little Rock _ Civil Engineering Division Department of 701 West Markham Public Works Little Rock Arkansas 72201-1300 iJ7"t 371-4811 Fax 371-4460 w/o CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN BE ISSUED LlvicY Ag11, erj?wrEf P6A�sw. Z L & f fr%,e SIGNED BY ENGINEER SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR O`C 6 L7- DXF. DISKETTE PLAT N."I DXF DISKETTE STORM DRAIN N«i REMARKS Ne eal 18eAv'N �3 0 v p SAT z/3/o C- _4,J021133 P73 02/65/2N62 1a:54:35 AN Filed & Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $4'l.O@ This instrument prepared by: HAL JOSEPH KEMP, P.A. Kemp, Duckett, Spradley, Curry & Arnold Attorneys at Law Center Street, Suite 0 Lit G30(o Little Rock, Arkansas 72201 Phone - (501) 372-7243 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE Replating Lot 87, Valley Falls Estates, Phase I, an Addition to the City of Little Rock, Pulaski County, Arkansas KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, VFE, LLC, an Arkansas limited liability company, hereinafter referred to as the "Allottor", is the owner of the following described land in the County of Pulaski, State of Arkansas, to -wit: LOT 87, VALLEY FALLS ESTATES, PHASE I, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; AND WHEREAS, it is desirable that said Lot be replatted in order to increase the dimensions and area of the reserved landscape, wall construction and maintenance easement thereon. NOW THEREFORE, FINAL hjk realty I crgusurl3A.doc0l/25/02 ,r�°y'naaeasa�a :•� ' ti ea V.2 n !y5 a �"i7,n;z'iv�'• or +�aanaoarea"e DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE WITNESSETH: That the said Allottor, for and in consideration of the benefits to accrue to it and its successors and assigns, which benefits it acknowledges to be of value, has caused the land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Paul M. White, a Professional Land Surveyor, License Number 1281, and Timothy E. Daters, a Professional Engineer, License Number 5033, said Plat bearing the signature of the said Surveyor and Engineer and being of record in the ofAce of the Circuit Clerk and Ex-Officia Recorder of Pulaski County, Arkansas, in Plat — X6and the Allottor does hereby make this Declaration of Restrictive Covenants and Bill of Assurance. IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the Lot herein described, in accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as: Lot 87R, Valley Falls Estates, Phase I, an Addition to the City of Little Rock, Pulaski County, Arkansas; and any and every deed of conveyance of said Lot above described describing the same by the lot and block number shown on said Plat shall always be deemed a sufficient description thereof. Any word contained herein shall be read as the singular or the plural and as the masculine, feminine or neuter gender as may be applicable in the particular context. Furthermore the following words shall have the meanings attributed to them below: (i) "Addition" means Valley Falls Estates. (ii) "Association" means the Valley Falls Estates Property Owners Association, Inc., an Arkansas not for profit corporation. (iii) "Common Area" means all real property and any improvements thereon which are or may be designated on the Plat or any subsequent plat as such an area, which are or may be in the future reserved for the common use of the Allottor, its agents, employees, servants, invitees, guest, successors or assigns and any Owners, their agents, employees, servants, invitees or guests. -2- FINAL qk rca111"J'rrgusu"13A JucOI OVU2 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (iv) "Lot"or "lot" means any plot of land shown, identified and platted by and depicted on the Plat as a residential building lot. (v) "Owner" means the record title holder, whether one or more, persons or entities, of fee simple title to any Lot, but excluding any person or entity merely holding a lien on or security interest in a Lot. The Allottor hereby dedicates to the public forever an easement of way on and over South Katillus Road as shown and described on the Plat to be used as a public street. There are strips of ground shown and dimensioned on the Plat marked "Utility Easement" and "Drainage Easement", which Allottor hereby donates and reserves for the use of and by public utilities, and for drainage purposes, respectively, subject at all times to the proper authorities and to the easements and restrictive covenants herein reserved. The filing of this Declaration of Restrictive Covenants and 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 South Katillus Road and of the Utility Easements and Drainage Easements shown on said Plat. Except for South Katillus Road as shown on the Plat, all streets and roads shown on the Plat serving and being within the Addition shall be and remain private streets and roads; subject to the grants, rights, retainage, privileges and reservations herein contained. Allottor hereby retains fee simple title to all streets and roads shown on the Plat with the unlimited and unrestricted right, in the Allottor's sole discretion: (1) for itself, its agents, employees, servants, invitees, guest, successors or assigns to use the said streets and roads shown on the Plat for vehicular and pedestrian traffic, (ii) to dedicate the said streets and roads shown on the Plat to the public, (iii) convey the said streets and roads shown on the Plat to the Association, (iv) to cause to be installed, constructed, maintained, repaired, replaced, substituted and reinstalled within the area of or across any street or road shown on the Plat gates, guard houses, landscaped beds and areas -3- FINAL Iqk rcallVdhcrgusunliA duc"I 2502 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE or other security devices, lighting, irrigation systems and such other improvements as the Allottor deems desirable, and (v) to grant such other and further non-exclusive reciprocal easements, both appurtenant to other lands not subdivided by this Plat and in gross, in the Allottor's sole discretion without regard to any increase in burden or traffic; but Allottor hereby grants a non-exclusive reciprocal easement for vehicular and pedestrian traffic on, over and across all private streets and roads shown on the Plat as an easement appurtenant to each Lot in the Addition for the use and benefit of the Allottor, its agents, employees, servants, invitees, guest, successors or assigns and any Owner, their agents, employees, servants, invitees, guests, successors, heirs and assigns. Further, Allottor hereby grants a non-exclusive reciprocal easement for vehicular and pedestrian traffic on, over, under and across all private streets and roads shown on the Plat as an easement in gross to any municipal corporation or other governmental or public agency, including postal, fire, police and utility departments, as well as all utility providers required to use said private streets and roads in the discharge of a public purpose or in the provision of utilities to the Addition and to any lands now owned or hereafter acquired by the Allottor. While Allottor shall cause said private streets and roads shown on the Plat to be constructed, the Association shall thereafter be solely responsible for the maintenance, repair, replacement and reconstruction thereof as well any and all other costs associated with the operation and maintenance thereof, including but not limited to, all liability and liability insurance. All Owners of a Lot platted hereby, and all persons, natural and artificial, claiming an interest in any Lot platted hereby, shall take their titles subject to the grants, rights, retainage, privileges and reservations herein contained, including but not limited to, the rights of public utilities in and to the private streets and roads shown on the Plat and the utility and drainage easements shown on the Plat. Furthermore, there are strips of ground shown and dimensioned on said Plat marked variously as "landscape and wall maintenance easements", which the Allottor hereby reserves for the use and benefit of the Allottor, its successors and assigns, as an easement for the construction, erection, installation, repair, reinstallation and maintenance of a wall fence and landscape and drainage features; provided, however, upon completion of the initial construction of the fence along South Katillus Road, the Allottor may assign M FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE this Fence Construction and Maintenance Easement to the Association, and the Association shall thereafter maintain and keep said fence in good repair and pay all cost associated with said fence and the maintenance and repair of same. The Lots in this Addition, including the Lot replatted hereby, shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon any Owner and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable, uniform and suitable as residential property, to -wit: All of the terms, provisions, restrictions, declarations, easements, reservations, covenants, conditions and assessments prescribed by and set forth in that certain Plat, filed for record on April 17, 2002 and recorded in Plat G-69 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas and that certain Declaration of Restrictive Covenants and Bill of Assurance, filed for record on the April 17, 2001 and recorded as Instrument Number 2001-028052 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. ARTICLE I RIGHT TO ENFORCE The restrictions, covenants and provisions herein set forth shall run with the lots platted hereby and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of the lots platted hereby. Allottor and any Owner of any Lot in the Addition shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of, the restrictions above set forth, in addition to any ordinary legal action for damages. The failure of Allottor or any Owner of any Lot in the Addition to enforce any of the restrictions hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter. ARTICLE II MODIFICATION OF RESTRICTIONS -5- FINAL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE Notwithstanding any provision, restriction or covenant herein contained to the contrary, any and all of the terms, conditions, covenants, provisions and restrictions set forth herein may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged solely by the Allottor. Alternatively, any and all of the terms, conditions, covenants, provisions and restrictions set forth herein may be amended, modified, extended, changed or canceled, in whole or in part, only by a written instrument signed and acknowledged by at least 50% percent of the Owners of the Lots in the Addition, PROVIDED, HOWEVER, any such amendment, modification, extension, change or cancellation, in order to be effective and enforceable, must be approved and consented to in writing by Allottor regardless of whether or not Allottor owns any lot platted hereby, such approval to be in the sole discretion of the Allottor. The provisions of any such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each term, condition, covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2030. ARTICLE III ASSIGNMENT AND BINDING EFFECT Allottor expressly reserves the right to assign in writing the Allottor's rights and obligations hereunder to another person, natural or artificial; provided, however, such other person shall only succeed to the rights and obligations of the Allottor upon recordation of such an assignment executed by the Allottor which expressly and specifically assigns the Allottor's rights and obligations hereunder and a conveyance of the land platted hereby will not be deemed such an assignment to the purchaser thereof. Provided, further, should Delta Trust and Bank succeed to the Allottor's interest in the lands described in that certain Mortgage, Security Agreement and Financing Statement, filed of record on the 10"' day of October, 2000 and recorded as Instrument Number 2000071479, as modified by that certain First Modification Agreement to Construction Mortgage, Security Agreement and Financing Statement filed of record on the 120 day of July, 2001 and recorded as Instrument Number 2001053673, in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas by virtue of foreclosure thereof or Deed in lieu of foreclosure; then and in either event Delta Trust and Bank may, but shall not be obligated to, exercise the Allottor's rights hereunder. -6- FINAL lilk icall\ I M,'U'01111A Judd 2i U7 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ARTICLE IV 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. ARTICLE V SEPARABILITY Invalidation of any restriction set forth herein, or any part thereof by an 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. rr EXECUTED this day of rc1)fvC-'r, 2002. Reviovy:=d :n,y o i;;c;a ;v,i of ruin mum s.tii)durds VFE, LLC, an Arkansas limited reQL•lro,' CV "^^,',.. LI[r C L1:"B^C:! U��iVIs:C.rl r^^ `="•I�i, liability coin ot d'evdr%pe i"uY C%..co .d iiir JL;,"':. C.!i_ l.'C I'�v _. l_ite Rock subdivision Znc� ��nirJ r;;tc^cap; BY: :Ferguson, Member/Manager C;:Iy c! Urt!e Rock P!ani ;nrl Cor^..,,iss!o^ ar® FINAL hIk tally Ihci�u—nH,\ ducO1,25.,p2 Doc fi 2002113573 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE MORTGAGEE'S DEDICATION AND CONSENT That Delta Trust and Bank, for and in consideration of the benefits to accrue to it from the terms and provisions hereof, which it acknowledges to be of mutual benefit, does, solely for the purposes hereinafter stated and none others, hereby join in and consent to the dedication of the street rights -of -way and easements for the use and benefit of the public herein above set forth and does hereby consent to and approve of (i) the platting and subdivision of the property herein described and (ii) the terms and provisions herein above set forth. PROVIDED, FURTHER, for and in consideration of the benefits to accrue to it from the terms and provisions hereof, which it acknowledges to be of value, the undersigned does hereby partially release and discharge the lien of that certain Mortgage, filed for record on the loth day of October, 2000, and recorded as Instrument Number 2000071479 in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, as modified by that certain First Modification Agreement to Construction Mortgage, Security Agreement and Financing Statement filed of record on the 120 day of July, 2001 and recorded as Instrument Number 2001053673 in the Office of the Circuit Clerk and Ex-Officio Recorder- of Pulaski County, Arkansas, of and from the streets and roads shown on the Plat. Dated this !' of b�vGr , 2002. Delta Trust & Bank BY: - TITLE EST: FINAL hlk icalty her us )i111A JocOl 2iM' 043c## 2-3-002113 573 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI ) BE IT REMEMBERED that on this day appeared before the undersigned, a Notary Public duly commissioned, qualified and acting within and for the County and State aforesaid, appeared in person the within named Rick Ferguson, being the person or persons authorized by said corporation to execute such instrument, stating his capacity to be that of the sole manager of VFE, LLC, an Arkansas limited liability company, to me personally well known, who stated that he as such manager of VFE, LLC executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. 1 TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 1� day of , 2002_ NOTARY PUBLIC ARKANSAS i� (SEAL) c: _ .- - l rvs 5-2002 W FINAL hjk realty, hcrgusonBA.docO1/25102 Doc#6 2002113 73 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI ) BE IT REMEMBERED that on this day appeared before the undersigned, a Notary Public duly commissioned, qualified and acting within and for the County and State aforesaid, appeared in person the within named CAe&jj L and . FVpA[&k, A,' t f , being the person or persons authorized by said corporation to execute such instrument, stating their respective capacities in that behalf, to me personally well known, who stated that they were the ]P&Ai ?: and U,Q of Delta Trust & Bank, an Arkansas banking corporation 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 official seal this day of — 2u , 2002. AL3MA r�l_9TT NOTARY PUt;,_'. - ARKANSAS (SE&4-ASl.: i:OUNTY My Corntniss:c: Exn es: 3-5-2002 -10- FINAL hik rcally PcrgusuufflA Jucui 25!02 City of Little Rock Planning and Development Filing Fees Date; t I , 20 O Z- Annexation $ Board of Adjustment $ Cond. Use Permit/T.U.P. $ Final Plat $ Planned Unit Dev. $ Preliminary Plat $ Special Use Permit �$ _ Rezoning $ Site Plans $ Street Name Change $ Street Name Signs Number at ea. $ Public Hearing Signs Number at ea. $ Total $ 1 - OID File No. r -dR © -- Location `l cl,_ Applic I c�0. ��tr--.� C�. 0(-s o Q, By