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Home My WebLink AboutS-1280-E Application' n �4 a � ly This instrument prepared by: Price C. Gardner Friday, Eldredge & Clark, LLP 2000 Regions Center 400 West Capitol Avenue Little Rock, Arkansas 72201 Phone: (501) 376-2011 2003035843 04/17/2003 02:59:54 PM Filed K Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees 444.00 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE Replating Lots 86 and 87R, Valley Falls Estates, Phase I, an Addition to the City of Little Rock, KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Laurie J. Boen, Trustee of the LJB Revocable Trust and Leonard R. Boen, Trustee of the LRB Revocable Trust, hereinafter collectively referred to as the "Allottor", are the owners of the following described land in the County of Pulaski, State of Arkansas, to -wit: LOTS 86 AND 87R, VALLEY FALLS ESTATES, PHASE I, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; AND WHEREAS, it is desirable that said Lots be replatted in order to create one lot to be known as Lot 86R; AND WHEREAS, Allottor desires to amend the Declaration of Restrictive Covenants and Bill of Assurance filed of record as Instrument No. 2002-113573 on February 5, 2002 in the office of the Pulaski County Clerk with respect to Lot 87R. NOW THEREFORE, t1J ®PFDcsktop\::ODMA/GRPWISE/LR.PO.Tax_ brary:88366.2 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 office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat-(j!A and the Allottor does hereby make this Declaration of Restrictive Covenants and Bill of Assurance. IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and consolidate the Lots herein described, in accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as: Lot 86R, 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. (iv) "Lot"or "lot" means any plot of land shown, identified and platted by and depicted on the Plat as a residential building lot. ®PFDcskiop\::ODMA/GRP W IS FJLR. PO.Tax_Librery:88366.2 2 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (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 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 replatted hereby and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of the lots replatted 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 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, only by a written instrument executed and duly acknowledged by both the Allottor and VFE, LLC, an Arkansas limited liability company or its successors or assigns. 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. (&PFDesktop\: ODNA/GRPWISE/LR.PO.Taz_Library:88366.2 3 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE 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. 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. ARTICLE VI CONSENT OF ORIGINAL ALLOTTOR As evidenced by the signature below, VFE, LLC, an Arkansas limited liability company and the original allottor of the Lots being replatted as Lot 86R, consents to such replat and amendment of the Declaration of Restrictive Covenants and Bill of Assurance filed in connection with the replatting of Lot 87R and acknowledges that Lot 86R shall constitute one lot for purposes of the Association. ®PFDc ktop\ ODMA/GRPWISE/LR.PG.Tax_Library 88366.2 4 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE EXECUTED this 3 0 — day of Dg ce , ac , 2002. Reviewed crity fo► ir-.C1Ue,.Dn of minhLim standards require-,: by tho City of L,"la ?^ti's Nu ;i+razor Mu!ation5. Bill of Azs�:',rarw c.._-`;'.i=`.\art deveioper may cx—A iris : 3.: ''r _ ;_......� G5� L"stia Rock subdi V islon - ..d xaring cud];,. �:nxn. L-; r 1-7 �b3 City of Little HOCK mzinlng tp!nmisslan LJB REVOCABLE TRUST By: Ya)-, 2 4 - I�J�e—�—) Laurie J. Boen, Trustee LRB REVOCABLE TRUST By. _oZ� X? Leonard R. Boen, Trustee CONSENT OF VFE, LLC VFE, LLC By: R" F son, Member/Manager ®PFE) sktop\::ODMA/CRPWISE/LR.PO. Taz_Library:88366.2 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI ) BE IT REMEMBERED that on this day 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 Laurie J. Boen, Trustee of the LJB Revocable Trust, who stated that she was the person authorized by said trust to execute and deliver said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. I I TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of _,� r��2c� , 200�9. NOTA PUBLIC ®PFDesklop\::ODMAIGRPWISE/LR.PO.Tax_Library:88366 2 6 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF PULASKI ) BE IT REMEMBERED that on this day 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 Leonard R. Boen, Trustee of the LRB Revocable Trust, who stated that he was the person authorized by said trust to execute and deliver said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. TESTIMONY WHEREOF, I have hereunto set my hand and official seal this ��l day of , 24a,; NOTAR PUBLIC ®PFDesklop\::ODMA/CRP W ISE/LR. PO.Tax_Library:88366.2 7 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. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this &6L day of _ 10t' {,el— , 2002. 61dtull 111,41-9 NOTARY PUBLIC 'Ili .iV�7a'AItY-YTj$LIf-.: ®PFDeskiop\::O DM AIG RP W ISFJ LR. PO.Tax_Library:88366.2 CiN of Uffle Rock peportment of Public Works 701 West markharn Lille Rock Arkansas 72201-1300 371-4817 Fc[x 371-4460 CIVIL ENGINES RESPONSE civil THE CIVIL ENGINEERING�PR❑y�� TS FOR � PILING O nTHI SLAG OF T CAN PLATS HAVE BEEN SATIS�� r S �S BE ISSUED �01- SIGNED BY ENGINEER SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR .r+r� - A T n3m nISKETTE STORM DRAIN REMARKS 1 Division �7/03 City of We Rock _ Civil En ineerin� Division Department of 701 West Markham Public Works Little Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING O THIS PLAT CANCG BE ISSUED I,14 1 er tit -rA //5 . -,?Of 2 cc SIGNED BY ENGINEER SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT DXF DISKETTE STORM DRAIN REMARKS "13/o3 City of Lithe Rock � _ � Civil EngineeHng Division_ �f Department of 701 West Markham f Public Works Little Rock, Arkansas 72201-1300 371-4311 Fax 371-4460 CIVIL ENGINEERIN RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN BE ISSUED 5 P1145 � 1 SIGNED BY ENGINEER SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT e c V DXF DISKETTE STORM DRAIN REMARKS City of Little Rock Planning and Development Filing Fees Date: 20 L 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 E. GUYS Street Name Signs .rL $ Number at ea. Public Hearing Signs Number -at -ea. Total File No. Location �►��'t t �'' {{'�� Applicant By