HomeMy WebLinkAboutS-1280-K ApplicationHAL JOSEPH KEW, P.A.
ATTORNEY AT LAW
SUITE 1300
111 CENTER STREET
LITTLE ROCK, ARKANSAS 72201
TELEPHONE
(501) 372-7243
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0 3Vovember 19, 2003
VFE, Inc. ,�9s ���^��•�
Mr. Rick Fergusdn.........Rfl�
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16801 Valley Falls Dr.
Little Rock, AR 72223
RE: Lots 48, 51, 52, 53 and 57, Valley Falls
Estates, Phase III-D, an Addition to the
City of Little Rock, Pulaski County, Arkansas,
Dear Rick:
2003119212
1112B12a83 11:25:35 AN
Filed 3 Recorded in
official Records of
CAROLYN STALEY
PULASKI COUNTY
CIRCUIT/MUNTY CLERK
Fees $89.00
nLECOPIER
(501) 372.5553
Last week you advised me that you had executed and caused to be filed certain
documentation intended to merge VFE, LLC into VFE, Inc. You reported that your tax
counsel at the Friday Law firm had prepared and filed the documentation. I asked you to
have your tax attorney forward to me a copy of the said documents and this past Monday,
November 17, 2003, I received from Walter Ebel of the Friday Firm a copy of the
following documents:
1. Articles of Merger of VFE, LLC with and into VF Estates Acquisition
Corporation,
2. Articles of Amendment changing the name of VF Estates Acquisition Corporation
to VFE, Inc.
Based upon the foregoing documentation, I have, as you instructed, revised the form of
the Declaration of Restrictive Covenants and Bill of Assurance used in connection with
the platting of lots in Valley Falls Estates to reflect that VFE, LLC merged into VFE, Inc.
and that hereafter, VFE, Inc. will be the Allottor of the Valley Falls Estates. Also as you
instructed, I drafted and present herewith for your execution as President of VFE, Inc. the
Declaration of Restrictive Covenants and Bill of Assurance pertaining to the above
referenced lots. Please note that I incorporated therein the legal description of the
applicable lots supplied to me by White-Daters & Associations, Inc. Also please be
advised that I have advised Paul White to change the signature block for the Owner
appearing on the Plat for the referenced lots from VFE, LLC to VFE, Inc.
November 19, 2003
Paee 2
In addition to the foregoing, I have requested that Beach supply me with copies of all
documents filed of record since January 1, 2003 executed by VFE, LLC. After I have had
a chance to review these documents I will make my recommendations to you about any
further action required.
SintAP
HAKE P, P.
HJK/hjk
e003119e12
This instrument prepared by:
HAL JOSEPH KEMP, P.A.
Attorney at Law
111 Center Street, Suite 1300
Little Rock, Arkansas 72201
Phone - (501) 372-7243
DECLARATION OF
RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, VFE, LLC, an Arkansas limited liability company, while the
owner of the hereinafter described real property, and VF ESTATES ACQUISITION
CORPORATION, an Arkansas corporation, did make, execute and cause to be filed on
December 31, 2002 with the Secretary of State of the State of Arkansas that certain
Articles of Merger of VFE, LLC with and into VF ESTATES ACQUISITION
CORPORATION, an Arkansas corporation, which merger became effective on January 1,
2003 and whereby VFE, LLC ceased to exist and any and all of its property, real,
personal or mixed, including but not limited to the real property hereinafter described,
was by virtue of the filing of the aforesaid Articles of Merger with the Secretary of State
of the State of Arkansas transferred to and vested in VF ESTATES ACQUISITION
CORPORATION, an Arkansas corporation, as the surviving corporation; and,
WHEREAS, VF ESTATES ACQUISITION CORPORATION, an Arkansas
corporation, did make, execute and cause to be filed on December 31, 2002 with the
Secretary of State of the State of Arkansas that certain Articles of Amendment whereby
VF ESTATES ACQUISITION CORPORATION, an Arkansas corporation, did change
its name to VFE, Inc., an Arkansas corporation; and,
WHEREAS, VFE, Inc, an Arkansas corporation, hereinafter referred to as the
"Allottor", is the owner of the following described land in the County of Pulaski, State of
Arkansas, to -wit:
See LEGAL DESCRIPTION on Exhibit "A" attached
hereto and by this reference fully incorporated herein.
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AND WHEREAS, it is desirable that all of the above described property be
platted into various tracts, lots and streets.
NOW THEREFORE,
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'8 II
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 subdivide the land
herein described, in accordance with the aforesaid Plat. The land embraced in said Plat
shall be forever known as:
Lots 48, 51, 52, 53 and 57, Valley Falls Estates, Phase III-D, an
Addition to the City of Little Rock, Pulaski County, Arkansas, as
shown on the Plat;
and any and every deed of conveyance of any lot in said Addition 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 each phase of Valley Falls Estates, an Addition to the
City of Little Rock, Pulaski County, Arkansas when platted.
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(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.
(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.
There are strips of ground shown and dimensioned on the Plat marked 'Basement",
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.
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:
(i) 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
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or road shown on the Plat gates, guard houses, landscaped beds and areas
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 and
that certain Plat recorded in Plat Record G-69, Plat Record G-362 and Plat Record G- 562
in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas
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 "drainage, landscape and maintenance easements", which the
Allottor hereby reserves for the use and benefit of the Allottor, its successors and assigns,
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as an easement for the construction, erection, installation, repair, reinstallation and
maintenance of drainage, landscape and maintenance of drainage features; provided,
however, upon completion of the drainage feature, the Allottor may assign these
drainage, landscape and maintenance Easements to the Association, and the Association
shall thereafter maintain and keep the same in good repair and pay all cost associated
with said landscaping, maintenance and repair of same.
The Lots in this Addition 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:
ARTICLE I
LAND USE, BUILDING TYPE AND HEIGHT
All Lots herein platted shall be held, owned and used only for residential purposes
except as otherwise shown on the Plat. No buildings shall be erected, placed, altered,
reerected or permitted to remain on or upon any Lot platted hereby other than one (1)
detached single family residence (the, "dwelling") which shall not exceed two and one-
half stories in height when seen from the front or principal street facades, a private fully
enclosed garage for the storage of motor vehicles owned or used by the residents (storage
of commercial motor vehicles being expressly prohibited), such garage to be of such
sufficient size to adequately accommodate no less than two (2) motor vehicles no portion
of which may thereafter be converted into living space or for any other purpose without
the prior written approval of the Allottor, and such other outbuildings only as are
incidental and related to the residential use of the Lot.
ARTICLE II
ARCHITECTURAL CONTROL
(a) Purpose. The Allottor is desirous of providing and maintaining harmony
of external design and location in relation to the surrounding structures and topography
and, for this purpose, herein creates an Architectural Control Committee which shall have
the duties, obligations and responsibilities as hereinafter set forth.
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(b) Architectural Control Committee. The Architectural Control
Committee (hereinafter "the Committee") shall initially consist of at least three, but not
more than five, members who shall be designated by the Allottor. Subsequent to the
initial appointments, the Allottor shall appoint all replacement members of the
Committee; provided, however, the Allottor may, at such time as it deems appropriate,
release all control over appointments of members to the Committee to the Board of
Directors of the Association by execution of an instrument to such effect in recordable
form. Neither the Allottor, nor the Committee shall be liable in damage to any person
submitting requests for approval or to any Owner within the Addition by reason of any
action, failure to act, approval, disapproval, or failure to approve or disapprove, with
regard to any request hereunder. All decisions of the Committee shall be by a majority
vote of the members of the Committee. The identity of the members of the Committee
and all replacement members thereof shall be disclosed by an instrument in recordable
form executed by the Allottor or, after release of control by the Allottor to the
Association, then the President of the Board of Directors of the Association, as the case
may be.
(c) Requirements Before Construction. No dwelling, building, structure or
other improvements shall be erected, placed, altered, reerected or permitted to remain on
or upon any Lot platted hereby until the building plans, specifications, exterior color
schemes, general plan of landscaping and plot plan showing the location and facing of
such dwelling, building, structure or other improvement with respect to existing
topography, adjoining streets, and finished ground elevations have been approved in
writing by the Committee. Prior to commencement of any proposed construction of a
dwelling, structure or other improvement upon any Lot or part of any Lot located within
the Addition, the Owner of the Lot shall submit to the Committee, the following
documentation with respect to any proposed construction:
(i) Plot Plan
(ii) Floor Plan of the proposed dwelling, building, structure or other
improvement
(iii) Front, rear, right and left elevations of the proposed dwelling,
building, structure or other improvement
(iv) General Plan of Landscaping
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(v) Specifications reflecting the choice of exterior building materials
and color scheme of the proposed dwelling, building, structure or
other improvement
(vi) Such other documentation as the Architectural Control Committee
may request. For purposes hereof, the term "proposed
construction" shall include, but shall not be limited to, new
construction or reconstruction of a dwelling, building, structure or
other improvement, remodeling, adding to or modifying an
existing dwelling, building, structure or other improvement,
installation of a fence or wall, construction or remodeling of
outbuildings or other accessory structures, construction or
installation of storm cellars, swimming pools and coverings
therefor, tennis courts, installation of an antenna whether on a
structure or on a Lot, construction of ponds or lakes, installation of
any sign, and construction of driveways. The Committee shall use
its best judgment to see that all improvements, construction,
landscaping, and alterations on lands within the Addition conform
to and harmonize with existing surroundings and structures, and
are otherwise in conformity with the intent of this Declaration of
Restrictive Covenants and Bill of Assurance. All documentation
delivered to the Architectural Control Committee shall become the
property of the Committee and shall be retained as a permanent
record. The Committee shall have 30 days from and after receipt
of all of the required documentation, which receipt shall be in
writing acknowledged by a member of the Committee, to approve
or disapprove by majority vote, any aspect of the proposed
construction. Any disapproval shall be in writing and shall specify
in detail the basis for such disapproval and, as appropriate,
modifications which, if made, will render the proposed
construction acceptable. In the event that the Committee neither
approves nor disapproves the proposed construction within 30 days
of receipt of the hereinbefore described documentation, the
proposed construction shall be deemed to be acceptable and this
provision of this Declaration shall be deemed fully complied with
and the construction may be commenced. Notwithstanding
anything to the contrary herein contained, no construction of any
type or variety shall be commenced on any Lot prior to submission
of all of the required documentation as hereinbefore set forth and
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receipt of either written approval of the Committee or 30 days from
the date of receipt of all of said documents by the Committee shall
have elapsed without any Committee action. Construction of any
proposed construction approved by the Committee or deemed
approved by the Committee shall be commenced within ninety (90)
days of such approval and shall be prosecuted diligently to
completion no later than eighteen (18) months after
commencement.
(d) Design Standards. As is hereinbefore stated, it is the intention of the
Allottor that the Addition be developed and maintained in a consistent and harmonious
manner. In furtherance of and in keeping with the purposes hereof, the Committee may
promulgate, from time to time, DESIGN STANDARDS, which may be utilized in
reviewing any proposed construction and which shall include guidelines with respect to
size, area, style, height of building, color, types of building material, landscaping, and
other similar and related matters and standards. The Design Standards as may be
promulgated and amended from time to time shall be available for inspection at the
offices of the Allottor as long as the Allottor selects the Committee, and thereafter, shall
be maintained as a permanent record in the offices of the Association. No dwelling,
building, structure or other improvement shall be erected, placed, altered, reerected or
permitted to remain on or upon any Lot platted hereby except if same is constructed in
conformity with the provisions hereof.
ARTICLE III
MINIMUM PRINCIPAL BUILDING SIZE
No dwelling shall be constructed, erected, placed, altered, reerected or permitted
to remain on or upon any Lot platted hereby unless the finished heated and cooled living
area thereof, exclusive of porches, patios, garages, breezeways, exterior stairways, porte
cocheres, storage areas and outbuildings, shall equal or exceed 3,500 square feet for a one
story building, or, 4,000 square feet for a split level or a multi -level building. Finished
heated living area shall be measured in a horizontal plane to the face of the outside wall
on each level.
ARTICLE IV
BUILDING LOCATION
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No dwelling or building shall be located, constructed, erected, placed, altered,
reerected or permitted to remain on or upon any lot platted hereby nearer to the front lot
line, rear lot line or nearer to the side street line than the minimum building setback lines
shown on the Plat. No dwelling or building shall be located, constructed, erected, placed,
altered, reerected or permitted to remain on or upon any lot platted hereby nearer than a
distance equal to ten percent of the width of the lot at the front building line (not
exceeding fifteen (15') feet), or eight (8') feet, whichever is greater, to an interior lot line.
For the purposes of this paragraph, eaves, steps, balconies, and open porches shall not be
considered as a part of the dwelling or building.
ARTICLE V
LOT AREA AND WIDTH
No lot platted hereby shall be subdivided or resubdivided or replatted without the
written consent of the Allottor, which consent may be withheld in the Allottor's sole
discretion. In any event no dwelling or building shall be erected, constructed or placed on
any building site or lot having a width of less than sixty (60) feet at the minimum
building set back line, nor shall any dwelling or building be erected, constructed or placed
on any lot having an area of less than Seven thousand (7000) square feet.
ARTICLE VI
EASEMENTS
Easements in gross on, over, under and across the private streets and roads shown
on the Plat filed herewith have herein been granted to the persons, firms or entities
engaged in supplying utility services, the same being, without limiting the generality of
the foregoing, electric power, gas, telephone, cable, water and sewer, for the purpose of
installing, maintaining, repairing and replacing such utility services. Easements for the
installation, maintenance, repair and replacement of utility services, sewer and drainage
have herein been reserved, 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. As various utility facilities are underground, any alterations or lowering
of the surface grade of the ground in any easement and the area immediately adjoining
such easements is prohibited, if such alteration or lowering would result in there being
less than 30 inches of clearance either vertically or horizontally between the surface grade
and any underground utility facilities, including but not limited to, sewer, water, the
underground electric cables and conductors supplying cable, digital, telephone and
electric power service; and, as the electric distribution transformer stations and other
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service pedestals are located on surface grade, fills within the area of the said easements
and upon the lands adjacent thereto which will damage or which will interfere with the
installation, maintenance, operation and replacement of the cable, digital, electric and
telephone cables, facilities and equipment, and the supplying of service from such
equipment are also prohibited. No trees, incinerators, structures, buildings, pavement, or
similar improvements shall be grown, built or maintained within the area of such utility
easements, if the same shall interfere with use thereof. No excavations within the area of
such easements for the erection of any fences (wood, wire, stone, iron or brick) or for any
other purposes shall be made which would interfere with the installation, maintenance,
repair and replacement of any utility service. In the event any such trees, incinerators,
structures, buildings, fences, pavement or similar improvements shall be grown, built or
maintained within the area of such easement, no utility will 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.
ARTICLE VII
UTILITIES
The Owner of any Lot platted hereby shall install and maintain in conformity with
applicable code requirements and other regulations, underground utility services,
including electrical, natural gas, water, cable and telephone service between the point of
delivery of such utility service as located by the utility company and the point of use of
such Owner. The Owner of any Lot platted hereby shall dig and backfill in conformity
with applicable code requirements and other regulations a ditch for utility services. No
individual water supply system or individual sewerage disposal system shall be permitted
to be constructed or operated on any of the Lots platted hereby. No television dish,
antennae or similar equipment shall be installed on any of the Lots platted hereby without
the prior written consent of the Allottor.
ARTICLE VIII
NUISANCES
No noxious or offensive activity or commercial business activity shall be carried on
upon any Lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the owner of any Lot. No trucks, commercial vehicles or
inoperative vehicles may be stored or parked on a Lot platted hereby other than for
making routine deliveries. Owner further agrees to keep unimproved lots free from trash,
debris, and overgrown vegetation. If such does accumulate and Owner does not promptly
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remove such upon notification by Allottor, the Allottor shall have the right to perform
such cleanup work as is necessary and Owner shall reimburse Allottor for the cost
thereof. PROVIDED, HOWEVER, the sale of lots or dwellings and the construction of
dwellings, buildings, structures and other improvements in the Addition shall not be
prohibited by this Article and the same are hereby declared permitted commercial
activities.
ARTICLE IX
TEMPORARY STRUCTURES
No mobile home, trailer, basement, tent, shack, garage, barn, or outbuilding erected
on a Lot covered by these covenants shall at any time be used for human habitation.
ARTICLE X
SIGNS
No sign of any kind shall be displayed to the public view on any lot, except one
sign of not more than five square feet advertising the property for sale or rent, or signs
used by a builder or Allottor to advertise the property during the construction and sales
period and in no event shall any such signage be affixed, permanently or temporarily, to
any trees.
ARTICLE XI
LIVESTOCK AND POULTRY
No animals, livestock, or poultry of any kind shall be raised or kept on any lot,
except that dogs, cats or other household pets may be kept, provided that they are not kept
or maintained for any commercial purpose.
ARTICLE XII
VISUAL OBSTRUCTIONS
No fence, wall, hedge, or shrub planting or other obstacle which obstructs sight
lines at elevations of more than 2 feet 6 inches above the roadways shall be placed or
permitted to remain on any corner lot within the triangular area formed by the street lines
and a line connecting them at a point 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
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at its beginning and end, and a line connecting them at points 50 feet from their
intersection. No trees shall be permitted to remain within such distances of such
intersections unless the foliage line is maintained at a height of 8 feet to prevent
obstruction of such sight lines.
ARTICLE XIII
FENCES
No fence, wall, hedge, or mass planting shall be permitted to extend beyond the
minimum front building set back line established herein or from the side yard building
line to the street or corner lots except upon the written approval of the Allottor. To insure
compliance with the provisions of Article VI hereof as it relates to the erection of fences
along utility easements, no fence, wall, or other structure shall be erected along property
lines without approval of the design, construction, and materials by the Committee.
Further there shall be no barbed or other similar wire fences erected or placed on any lot
nor shall any chain link fence of any type or kind be erected or placed on any lot which
can be seen from any street.
ARTICLE XIV
STREET ACCESS AND DRIVEWAYS
All driveways or other paved areas intended for vehicular travel situated on any Lot
shall have a base of compacted gravel, crushed stone or other approved base material and
shall be surfaced with either asphalt or concrete material or such other materials as are
approved by the Committee, but all at grades lowered or raised to meet street grades with
culverts installed and maintained unobstructed.
ARTICLE XV
PARKING AND STORAGE OF MOTOR HOMES, ETC.
No motor homes, camper trailers, travel trailers, busses, utility trailers or boat
trailers shall be permitted to be parked, stored or remain upon any Lot, unless same is
parked or stored and remains in a fully enclosed stall of the garage. No motor homes,
camper trailers, travel trailers, utility trailers or boat trailers shall be permitted to be
parked, stored or remain upon any street in the Addition.
ARTICLE XVI
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EXTERIOR MAINTENANCE AND LANDSCAPING
All dwellings, buildings, structures and other improvements constructed, erected
and reerected on any lot and all yards and landscaping thereon shall be maintained in a
good state of repair, neat and attractive manner by the Owner thereof. The Owner's
maintenance obligations shall include, but not be limited to, prompt removal of all litter,
trash, refuse and waste, lawn mowing, tree and shrub pruning, watering, keeping exterior
lighting and mechanical facilities in working order, keeping lawn and landscaped areas
(including all areas between the lot lines and the curb lines of the streets and roads within
the Addition) alive and free of weeds and attractive, keeping parking areas and driveways
in good repair, complying with all applicable governmental rules and regulations,
repainting, and repairing exterior damages. No building or other structure shall be
constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot
platted hereby unless, prior to the lot being offered for sale or issuance of a certificate of
occupancy of the City of Little Rock, top soil shall be installed, leveled and sodded with
live grass sod in all yard areas of the lot, including up to the curb line of any street or road
abutting the said Lot, and shrubs shall be planted in planting areas immediately adjacent
to the dwelling, building and structure situated thereon on the front and sides thereof. All
vacant lots shall be maintained free and clear of debris, trash and weeds.
Upon the failure of the Owner to maintain or landscape the grounds in accordance
with the provisions hereof, the Architectural Control Committee or the Association may,
upon 30 days written notice to the Owner, cause the grass, weeds and vegetation to be
cut, when, and as often as, in its judgment is necessary, or cause appropriate landscaping
to be installed. Upon the failure of the Owner to maintain the exterior of any dwelling,
building or structure in good- repair and appearance, the Committee or the Association
may, upon 6 months written notice to the property Owner, make repairs and improve the
appearance of the dwelling, building or structure in a reasonable .and workmanlike
manner. For purposes of performing such maintenance as may be required hereunder, the
agents or employees of the Committee and/or the Association shall have the right, after
reasonable notice to the Owner, to enter upon any Lot at reasonable hours on any
business day. Notwithstanding any contrary provision hereof, the Committee or the
Association may enforce the requirements of this Subparagraph by litigation at law, or in
equity, and the costs of such litigation including any attorney's fees, shall be paid by such
Owner, and if more than one, such Owners shall be jointly and severally liable. The cost
of any maintenance required under Article XVI shall be assessed to the Owner thereof,
shall constitute a lien upon the Lot, and may be collected in accordance with the
provisions of Article XVIII hereof.
-13-
Final
hjk\rea1ry\FergusonBA.doc11/19/03/sec9
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
ARTICLE XVII
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 are
centerline curve data. In the event of minor discrepancies between the dimensions or
distances as shown on the Plat and the actual dimensions or distances as disclosed by the
established pins, the pins as set shall control.
ARTICLE XVIII
VALLEY FALLS ESTATES PROPERTY
OWNERS ASSOCIATION, INC.
There has been formed by the Allottor a non-profit corporation known as the
Valley Falls Estates Property Owners Association, Inc. Each Owner of any Lot by
acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to fully abide by and comply with the Articles of
Incorporation and By -Laws of the Association, as amended from time to time. The
activities of the Association with respect to the hereinbefore described lands shall, in
addition to the Articles of Incorporation and By -Laws, be subject to the following
directions, limitations and conditions:
(a) Membership. Every Owner of a Lot shall be a member of the
Association. Membership shall be appurtenant to and not be separated from ownership of
any Lot which is subject to assessment. The Owner(s) of each Lot shall be entitled to one
vote for each Lot owned. When more than one person holds an interest in any Lot, all
such persons shall individually be Members but shall collectively have one vote only with
respect to each Lot owned by such persons. The Allottor shall be entitled to one vote for
each Lot owned by Allottor.
(b) Owner's Easements of Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Area or areas which shall be appurtenant
to and which shall pass with the title to every Lot, at such time or times as the same shall
be conveyed to the Association by the Allottor, subject to the following provisions:
-14-
Final
hj k\real ty\Ferg usonBA.doc I 1 / 19/03/sec9
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
(i) The right of the Association to charge assessments for the
acquisition, construction, operation, maintenance and repair of the
common areas and private streets;
(ii) The right of the Association to suspend voting rights and rights to
use of the common areas by an Owner for any period during which.
any assessment as hereinafter described against such -Owner's Lot
remains unpaid; and for a period not to exceed 60 days for any
infraction of the published rules and regulations regarding the use
of such common area facilities promulgated by the Association;
(iii) The right of the Association to dedicate or transfer all or any part
of the common area to any public agency, authority or utility for
such purposes and subject to such conditions as may be agreed to
by the Association. No such dedication or transfer shall be
effective except upon the vote of a majority of the Members.
(iv) The right of the Allottor to use of any of the Common Areas to
promote sales of unsold Lots within the Addition, such use to be
without cost to Allottor.
(c) Covenant for Maintenance Assessments. Except for property otherwise
exempt from assessment as herein provided, each Owner of any Lot by acceptance of a
deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant
and agree to pay to the Association:
(1) Annual assessments or charges; and
(2) Special assessments.
The annual and special assessments, together with interest, costs and reasonable
attorneys fees, shall be a charge on the Lots and shall be a continuing lien upon the
property against which each such assessment is made. Each such assessment, together
with interest, cost, and reasonable attorneys fees, shall also be the personal obligation of
the person or persons who was the Owner or Owners of such Lot at the time when the
assessment fell due. The assessments levied by the Association shall be used exclusively
for the recreation, health, safety and welfare of the Owners, for the improvement,
operation and maintenance of the common areas and private streets, for repair and
-15-
Final
hjk\realty\FergusonBA.doc 11 / 19/03/sec9
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
replacement of common areas and streets within the Addition, whether public or private,
for insurance, taxes, and other costs and expenses related to, and, in the discretion of the
Board of Directors, consistent with the purposes of the Association. The initial annual
assessment which may be collected monthly, shall be fixed by the Board of Directors of
the Association to commence at such time or times as shall be determined by Board of
Directors. Further, notwithstanding anything to the contrary herein contained, the Board
of Directors of the Association shall be empowered to levy, in any assessment year, a
special assessment applicable to that year only for the purpose of deferring and paying, in
whole or in part, the costs of any construction, reconstruction, repair or replacement of a
capital improvement located upon and situated in the common areas and private streets,
including fixtures and personal property related thereto, and such other costs as the Board
of Directors deems desirable or necessary. Any annual and special assessments as
hereinbefore described shall be uniform for all non-exempt Lots within the Addition and
may be collected on a monthly basis. The annual assessments hereinbefore described,
once levied, shall commence as to each non-exempt Lot upon the first day of the month
following the date of sale by the Allottor of each such Lot. The first annual assessment
shall be adjusted according to the number of months remaining in the calendar year and
the amount thereof shall be pro -rated. The Board of Directors of the Association shall fix
the amount of the annual assessment against each non-exempt Lot at least 30 days in
advance of each annual assessment period. Written notice of the annual assessment shall
be sent to every Owner subject thereto. The due date shall be established by the Board of
Directors of the Association. The Association shall, upon demand, and for a reasonable
charge, furnish a certificate signed by an officer of the Association setting forth whether
the assessments on a specified Lot have been paid. A properly executed certificate of the
Association as to the status of assessment of a Lot is binding upon the'Association as of
the date of its issuance.
(d) Property Exempt from Association Assessments. Any Lot or property
owned by the Allottor, the private streets and roads, any common areas and any tract or
property owned by the Association shall be exempt from, and not subject to, any
assessment or charge by the Association, either annual or special, and no such assessment
shall be due and owing on any such exempt property or lot.
(e) Effect of Nonpayment of Assessments and Remedies. Any assessment
not paid within 30 days after the due date thereof as established and fixed by the Board of
Directors of the Association shall bear interest from the due date at the maximum lawful
rate. The Association may, upon such default, bring an action at law against the Owner
or Owners personally obligated to pay the same, or foreclose the lien of the assessment
against the property. The Owner may not waive or otherwise escape liability for the
-16-
Final
hj k\rea1 EyTergusonB A.doc 11 / 19/03/sec9
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
assessments herein provided by non-use of the common area or abandonment of his Lot.
The lien of the assessments provided for herein shall be subordinate to the lien of any first
mortgage. The sale or transfer of any Lot pursuant to any mortgage foreclosure or
proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments
which became due prior to such sale or transfer.
ARTICLE XIX
ADDITIONAL PROPERTY
(a) If Allottor owns or acquires additional lands, which the Allottor desires in
its sole discretion to develop in a fashion generally consistent with the development of
the hereinbefore described lands, hereinafter referred to as the "Additional Lands"; then
the Allottor, in its sole discretion, shall have to right, but not the obligation, to annex said
Additional Lands to this Addition and cause the same to be governed by covenants
similar to the covenants herein set forth and may have common areas and private streets
similar to those common areas and streets described herein which may be conveyed to the
Association to be maintained and kept landscaped by and at the expense of the
Association.
(b) The annexation of the Additional Lands by the Allottor, from time to time,
may be made by filing of record a Declaration of Restrictive Covenants and Bill of
Assurance adding and annexing the Additional Lands therein described to the Addition
and subject the Additional Lands therein described to covenants similar to the covenants
herein set forth and to the extent thereof, all property owners in any subsequent
development of the Additional Lands so annexed and added to the Addition shall become
members of the Association by virtue of owning a lot in such development and shall be
subject to all duties, responsibilities and assessments in accordance with such
membership and shall be entitled to all privileges, rights and enjoyment of common areas
of all other members of the Association.
(c) UNDER NO CIRCUMSTANCES shall this Declaration of Restrictive
Covenants and Bill of Assurance or any subsequent annexation or addition to this
Addition bind or require the Allottor to make any annexation or addition to this Addition
or to adhere to any development plan, regardless of how that development plan is
published or presented, in any subsequent development of any lands now owned or
hereafter acquired by the Allottor. Nor shall the Allottor be precluded from conveying
any lands it now owns or hereafter acquires, not expressly made subject to the terms and
-17-
Final
hj k\realty\Ferguson BA.doc 11 / 19/03/sec9
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
provisions hereof, free and clear of not only the terms, provisions and covenants herein
contained but any similar covenants or restrictions.
(d) Except as herein allowed, there shall be no other annexation or addition of
lands into the Addition or the addition of members to the Association without the prior
written consent of the Allottor.
ARTICLE XX
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 of the lots platted hereby 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 of the lots platted hereby 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 XXI
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, 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, 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,
Final
hj k%realty\FergusonBA.doc 11 / 19/03/sec9
2003119212
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
restriction and provision in this Bill of Assurance, unless expressly provided otherwise,
shall remain in full force and effect until January 1, 2030.
ARTICLE XXII
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 XXIII
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 XXIV
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.
EXECUTED this / % - day of : �,� �G— 12003.
Rev -owed en ;r for incius'on of minimum standards
1164bire:.' by the City of Little Roak ssibdNision rcgulatiom.
Sili cf AssarFn= previsaci7: rst-ablishnd by t` o
developer r ,ay e=,,ed m:^:,.:::: r u:aUons of Lha
Little Rock subdivision and zoning ord!Aanws.
Gty of Litfle Rock Warininq Commission
VFE, Inc., a sas corporation,
B .-
TITLE:
-19-
Final
hjk\realty\FergusonBA.docl I /19/03/sec9
2003119212
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
Exhibit "A"
VALLEY FALLS ESTATES - III-D
LOT 48
PART OF THE NWIA SWIA OF SECTION 24, T-2-N. R-14-W, PULASKI COUNTY, ARKANSAS
MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 47, VALLEY FALLS ESTATES, PHASE III-C,
AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE-S88°28'38"E ALONG THE
SOUTH LINE OF SAID LOT 47 AND ALONG THE SOUTH LINE OF TRACT C, VALLEY FALLS
ESTATES, PHASE III-B, 243.20 FT. TO THE SOUTHEAST CORNER OF SAID TRACT C, SAID
CORNER LYING ON THE WEST LINE OF LOT 37, VALLEY FALLS ESTATES, PHASE U; THENCE
S29050'35"W ALONG SAID WEST LINE, 25.33 FT. TO THE SOUTHWEST CORNER OF SAID LOT 37;
THENCE N62058'58"E ALONG THE SOUTH LINE OF SAID LOT 37, 174.99 FT. TO THE
NORTHWEST CORNER OF LOT 36H, SAID VALLEY FALLS ESTATES, PHASE H; THENCE
S02018'19"W ALONG THE WEST LINE OF SAID LOT 36H AND ALONG THE WEST LINE OF LOT
36G, VALLEY FALLS ESTATES, PHASE IV, 211.33 FT.; THENCE N88028'38"W, 408.36 FT. TO A
POINT ON THE EAST LINE OF A 45.00 FT. WIDE PRIVATE ROADWAY EASEMENT SHOWN ON
THE PLAT AS SPRING VALLEY LANE; THENCE NORTHERLY ALONG SAID EAST LINE BEING
THE ARC OF A 677.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE
OF N11021'59"E, 149.60 FT.; THENCE NORTHERLY CONTINUING ALONG SAID WEST LINE,
BEING THE ARC OF A 1548.94 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND
DISTANCE OF N17039'19"E, 2.71 FT. TO THE POINT OF BEGINNING, CONTAINING 1.4457 ACRES
MORE OR LESS.
LOTS 51, 52 AND 53
PART OF THE NW1/4 SWIA OF SECTION 24, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS
MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 54, VALLEY FALLS ESTATES, PHASE III-B,
AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S87°25'29"E ALONG THE
SOUTH LINE OF SAID LOT 54, 173.71 FT. TO THE SOUTHEAST CORNER THEREOF, SAID
CORNER LYING ON THE WEST LINE OF 45.00 FT. WIDE PRIVATE ROADWAY EASEMENT
SHOWN ON THE PLAT AS SPRING VALLEY LANE; THENCE SOUTHEASTERLY AND
NORTHERLY ALONG SAID WEST LINE AND ALONG THE EAST LINE OF SPRING VALLEY LANE
BEING THE ARC OF A 50.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND
DISTANCE OF N81001'46"E, 79.70 FT.; THENCE NORTHERLY CONTINUING ALONG SAID EAST
LINE BEING THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND
DISTANCE OF N20046'24"W, 21.41 FT.; THENCE N04°34'42"E CONTINUING ALONG AID WEST
LINE, 73.79 FT.; THENCE S88028'38"E, 420.29 FT. TO A POINT ON THE WEST LINE OF LOT 36F,
VALLEY FALLS ESTATES, PHASE IV; THENCE S02018'19"W ALONG SAID WEST LINE AND
ALONG THE WEST LINE OF LOT 36E, SAID VALLEY FALLS ESTATES, PHASE IV, 338.52 FT. TO
THE SOUTHWEST CORNER OF SAID LOT 36E, SAID CORNER LYING ON THE SOUTH LINE OF
-20-
Final
hj k\rea I ty\FergusonB A. doc 11 / 19/03/sec9
2003119212
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
THE NW1/4 SW1/4, SAID SECTION 24; THENCE N88°16'28"W ALONG SAID SOUTH LINE, 667.78
FT. TO THE SOUTHWEST CORNER OF SAID NW1/4 SWIA; THENCE NO2°34'31"E ALONG THE
WEST LINE OF SAID NW 1/4 SW 1/4, 231.34 FT. TO THE POINT OF BEGINNING, CONTAINING
4.4199 ACRES MORE OR LESS.
LOT 57
PART OF THE NW1/4 SW1/4 OF SECTION 24, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS
MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 58, VALLEY FALLS ESTATES, PHASE III-C,
AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S87°25'29"E ALONG THE
SOUTH LINE OF SAID LOT 58, 243.82 FT. TO THE SOUTHEAST CORNER THEREOF, SAID
CORNER LYING ON THE WEST LINE OF A 45.00 FT. WIDE PRIVATE ROADWAY EASEMENT
SHOWN ON THE PLAT AS SPRING VALLEY LANE; THENCE SOUTHERLY ALONG SAID WEST
LINE BEING THE ARC OF A 1503.94 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING
AND DISTANCE OF S17005'56"W, 31.83 FT.; THENCE SOUTHERLY CONTINUING ALONG SAID
WEST LINE BEING THE ARC OF A 722.50 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING
AND DISTANCE OF S12053'45"W, 121.15 FT. TO THE NORTHEAST CORNER OF LOT 56, SAID
VALLEY FALLS ESTATES, PHASE III-C; THENCE N87°25'29"W ALONG THE NORTH LINE OF
SAID LOT 56, 214.13 FT. TO THE NORTHWEST CORNER THEREOF, SAID CORNER LYING ON
THE WEST LINE OF SAID NW1/4 SW1/4; THENCE NO2°34'31"E ALONG SAID WEST LINE, 150.00
FT. TO THE POINT OF BEGINNING, CONTAINING 0.7806 ACRES MORE OR LESS.
G:\DATA\WP51 \LEGALS\VFEIH-D.LEG
-21-
Final
hjk\rea1ty\FergusonBA.doc11/19/03/sec9
2003119212
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
ACKNOWLEDGMENT
STATE OF ARKANSAS )
§§
COUNTY OF PULASKI )
On this day of l�Bdj�, 2003, before me a Notary Public, duly
commissioned, qualified and acting, within V-4
or the Cour>.ty and State aforesaid,
appeared in person the within named to me
personally well known, who stated that he was, the Presi ent of the VFE, Inc., an
Arkansas corporation, and was duly authorized in his capacity to execute the foregoing
instrument for and in the name and behalf of the said corporation, 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 on this
l day of November, 2003.
/6FZ�
Notary Public
\NN
My Commission Expires:
t,
��
. Uo� f,•
v+�6�17
(SEAL)
-22-
Final
hjk\rea I tyTergusonB A.doc 1 1 / 19/03/sec9
C' of Little Rock Civil Enaineednq Division
Department of 701 West markhem
Public Works Little Rock, Arkansas 72201-1300
371-4811 Fax 371-4460
(W14 D J
CIVIL ENGINEERING RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED_ APPROVAL FOR FILING OF THIS PLAT CAN
BE ISSUED Vq lle A CL 5 Es T97f s r 19h As c 4
Ao ls' 4 $, S l, S zJ 53,S 7
SIGNED BY ENGINEER
SIGNED BY SURVEYOR
SIGNED BY 911 ADDRESS COORDINATOR
DXF. DISKETTE PLAT ,v c c
D)F DISKETTE STORM DRAIN N« 0
REMARKS
- D
Zed
/// -V A 3
City of Little Rock
Planning and Development
Filing Fees
Date: , 20'0
Annexation
$
Board of Adjustment
$
Cond. Use Permit/T.U.P.
$
Final Plat
$
Planned Unit Dev.
$
Preliminary Plat -
$
4
Special Use Permit]
w
Rezoning
'�'
Site Plans
Street Name Change
Street Name Signsrr��~
Number at ea.
Public Hearing Signs
Number at ea.
$
Total
q l
File No.
Location
Applican U-Kk , -ta,
By