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HomeMy WebLinkAboutS-1280-N Application2009054376 Received: 8i7/2009 1:51:55 pM Recorded: 08/07/2009 09:55:28 PM Filed & Recorded in Official Records of PAT O'BRIEN PULASKI COUNTY CIRCUITlCOUNTY CLERK Fees $45.0o This instrument prepared by: Price C. Gardner Friday, Eldredge & Clark, LLP ,, . . . . I k • C'IRC 2000 Regions Center 400 West Capitol Avenue E �l� Little Rock, Arkansas 72201 `~ O • =, f' % '�` a� Phone: (501) 376-2011 �► �;. '! =_ s:.. ■ —7 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE Replating Lots 44 and 45, Valley Falls Estates, Phase III -A and III-C, Additions to the City of Little Rock, Pulaski County, Arkansas KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, DAVID RHODES and TRACY RHODES, husband and wife, 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: LOT 44, VALLEY FALLS ESTATES, PHASE III -A, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, AND BEING SHOWN ON PLAT RECORDED AS PLAT NO. G-362, RECORDS OF PULASKI COUNTY, ARKANSAS; and LOT 45, VALLEY FALLS ESTATES, PHASE III-C, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, AND BEING SHOWN ON PLAT RECORDED AS PLAT NO. G-774, RECORDS OF PULASKI COUNTY, ARKANSAS; AND WHEREAS, it is desirable that said Lots be replatted in order to create one lot to be known as Lot 44R; P FDesk lop\::ODMA/MHODMA/LIMA %FEC; 814507;1 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE AND WHEREAS, Allottor desires to amend that certain Declaration of Restrictive Covenants and Bill of Assurance filed for record on the April 5, 2002, and recorded as Instrument Number 2002131232 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 September 23, 2003, and recorded as Instrument Number 2003098292 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, with respect to replat of Lots 44 and 45 as Lot 44R. 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 and the Allottor does hereby make this Declaration of Restrictive Covenants and Bill of Assuranc . 1&00`:i ()5y3n`a 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 44R, Valley Falls Estates, Phase III -A, 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 maybe 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. @PFDesklop\::ODMAIM i0DMA/LIMA I;FEC;814507;1 2 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (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. 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 certain Plat, filed for record on April 5, 2002 and recorded in Plat G-362 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 5, 2002, and recorded as Instrument Number 2002131232 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, as to Lot 44, and that certain Plat, filed for record on and recorded in Plat G-774 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, filed for record on the September 23, 2003, and that certain Declaration of Restrictive Covenants and Bill of Assurance, filed for record on the September 23, 2003, and recorded as Instrument Number 2003098292 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, as to Lot 45. 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 ,PFDesktop\::ODMA/MHODMA/LIMA I;FEC; 814507; l DECLARATION OF RESTRICTIVE COVENANTS .AND BILL OF ASSURANCE 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, Inc., an Arkansas corporation, as successor by merger to 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 expiration of the covenants and restrictions set forth in the Declaration of Restrictive Covenants and Bill of Assurance filed for record on the April 5, 2002, and recorded as Instrument Number 2002131232 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. 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. QPFDesklup\::ODMA/MEODMA/LIMA I; FEC; 814507;1 4 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE 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, Inc., an Arkansas corporation, as successor by merger to the original Allottor, VFE, LLC, an Arkansas limited liability company and the original allottor of the Lots being replatted as Lot 44R, consents to such replat and amendment of the Declaration of Restrictive Covenants and Bill of Assurance filed in connection with the replatting of Lot 44R and acknowledges that Lot 44R shall constitute one lot for purposes of the Association. EXECUTED this '-�day of Reviewed only for inclusion of m"inirnum stands fan-. required try the City of Lithe Rcck su6d'svision rsgu Bill of Assurance provisions established by rr-of ft tho develop$! may exaa�d minimum rer Litde Rock subdivision and zod g ordinance3. Vim ittie Rock Planning Commission city 2009. Tracy Rhodes CONSENT OF VFE, INC. VFE, INC. (As successor by merger to VFE, LLC) @PFDesk1op\::0DMA/MH0DMA/LIMA I;FEC;814507;1 5 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 David Rhodes and Tracy Rhodes, husband and wife, who stated that they had 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 3AO day of A uA as 2009. NOTARY PUBLIC (SEAL) NOTARY PUBLIC E CIAL SEAL Me GUFFEVBLIC-ARKANSASE v-,OUN7y' EXPIRES.- 243-2014 QPFDesktop%::ODMA/MHODMA/LIMA I; FEC; 814507;1 6 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 President of VFE, Inc., an Arkansas corporation, to me personally well known, who stated that he as such manager of VFE, Inc., 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 2009. J ►►►►1►111IIlrllr►p ``���.*•i,�,•� W. P��R�'■.,,yam f �,, +�'.�i� Ems•• �+ (SEALS i NOTARY NOTAR-Y PL IC ►r►►rrrl lllll►l►►5 @PFDesktnp\::ODMA/MHODMA/LIMA I;FEC; 814507;1 7 Ell! sMa VALLEY LANE P- 9R G. PC 352 �� 5 —r-25' BIEp. 11M y~ -r �F�i F i '8 ozm [ 5 z o$. m I N F Cg � $ � � n �� � &.78. � SPS78'dQ'Yl 3�dY1A�j5 a9c e � Iz C)0 Ea n a • si.7 y4 - p'�� x len ���• a � rt1 a x _� V CD g G •1 �� ; DO�� a.y ;A�a ON 9- N � fit yy it- zg� A L A T "O L m nO N m es K' ;om`sa ogg`gp7 s go k $ �dcNA g 'Sc y WE Y C Ho Ao mi Or mm$<<sn 4i m N V1 ~ ti 7i 17EJ c L J ��4 � A g � �� $F r; ni F u� s=o� 8 F7 �i s b r ��gf o go Sag s N > p" 09A.o lip �ysn g ; g�g39Q] m b 9 a p og g" g "ii s- idoH-zzk m. 63 's] cis 52 ag a o y�N�g� o 2 L2 QI >o$� G r�r�� C AND C QsnpC �OD2rs 4NN C2joil 2Cj OiCO2PP�� m m K O N L 0 Nam. <ffS�11SzDNA oolp1�ALODm� N Zn �lmAI lAI��m FZO £iZ mO2� 9 G m m Z N A A NCa m D 6 A w - g A < oA> Z J L1 N y � 5 2009054376 Received: 8/7/2009 1:51:55 PM Recorded: 08/07/2009 01:55:28 PM Filed & Recorded in Official Records of PAT O'BRIEN, PULASKI COUNTY CIRCUITICOUNTY CLERK Fees $45.00 This instrument prepared by: Price C. Gardner Friday, Eldredge & Clark, LLP 2000 Regions Center 1. , 0 \e C1 4�,''• 400 West Capitol Avenue` Little Rock, Arkansas 72201 - Phone: (501) 376-201 l DECLARATION &.. ' RESTRICTIVE COVENANTS AND BILL OF ASSURANCE Replating Lots 44 and 45, Valley Falls Estates, Phase III -A and III-C, Additions to the City of Little Rock, Pulaski County, Arkansas KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, DAVID RHODES and TRACY RHODES, husband and wife, 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: LOT 44, VALLEY FALLS ESTATES, PHASE III -A, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, AND BEING SHOWN ON PLAT RECORDED AS PLAT NO. 0-362, RECORDS OF PULASKI COUNTY, ARKANSAS; and LOT 45, VALLEY FALLS ESTATES, PHASE III-C, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, AND BEING SHOWN ON PLAT RECORDED AS PLAT NO. G-774, RECORDS OF PULASKI COUNTY, ARKANSAS; AND WHEREAS, it is desirable that said Lots be replatted in order to create one lot to be known as Lot 44R; CPFDca t.p\::ODMA/MHODMA/UMA I; FFC,814507;I DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE AND WHEREAS, Allottor desires to amend that certain Declaration of Restrictive Covenants and Bill of Assurance filed for record on the April 5, 2002, and recorded as Instrument Number 2002131232 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 September 23, 2003, and recorded as Instrument Number 2003098292 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, with respect to replat of Lots 44 and 45 as Lot 44R. 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 and the Allottor does hereby make this Declaration of Restrictive Covenants and Bill of Assuranc N. 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 44R, Valley Falls Estates, Phase III -A, 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. @PFasklupl;; ODMA/MH ODMA/LIMA I;FEC; 8 14 507;1 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (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 ofthe 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. The Lots in this Addition, including the Lot rcplatted 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 certain Plat, filed for record on April 5, 2002 and recorded in Plat G-362 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 5, 2002, and recorded as Instrument Number 2002131232 in the Office of the Circuit Clerk and Ex-Officio Recorder ofPulaski County, Arkansas, as to Lot 44, and that certain Plat, filed for record on and recorded in Plat G-774 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, filed for record on the September 23, 2003, and that certain Declaration of Restrictive Covenants and Bill of Assurance, filed for record on the September 23, 2003, and recorded as Instrument Number 2003098292 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, as to Lot 45. 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 gPFDesklopl::ODMA/MHODMA/Li MA I;FEC;814507;1 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE 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, Inc., an Arkansas corporation, as successor by merger to 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 expiration of the covenants and restrictions set forth in the Declaration of Restrictive Covenants and Bill of Assurance filed for record on the April 5, 2002, and recorded as Instrument Number 2002131232 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, 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 often (10) years each, unless modified, terminated or canceled as provided herein. QPFDeskwp%::ODMA/MHODMA/LIMA I;FEC;814507;1 4 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE 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 pant 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, Inc., an Arkansas corporation, as successor by merger to the original Allottor, VFE, LLC, an Arkansas limited liability company and the original allottor of the Lots being replatted as Lot 44R, consents to such replat and amendment of the Declaration of Restrictive Covenants and Bill of Assurance filed in connection with the replatting of Lot 44R and acknowledges that Lot 44R shall constitute one lot for purposes of the Association. EXECUTED this day of 2009. Reviewed only for inctusion of minimum standards ed by the stan u s CyofLIosiat requirSiil ofAsurance provisions esab►ished bV the ulatsoru of rho developer may exceed minimum reg bale Rack subdivision and zoning ordinancea- n City sale Rock Planninll Commission @PFNe kp1::0DMA,MH0DMA!L1 MA I; FEC,814507;1 i David cs Tracy Rhodes CONSENT OF VFE, INC. VFE, INC. (As successor by merger to VFE, LLC) 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 David Rhodes and Tracy Rhodes, husband and wife, who stated that they had 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 34-' day of Ay4 as4— , 2009. NOTARY PUBLIC (SEAL) NOTARY PUBLIC E CIAL SEAL t+ll, Gl�FrEv BLIC-ARK!AAN5A5E COUNTY;I EXPIRES: 9-34M4 @PFDesklopk::ODMAi M]40DMAILIMAI;FEC;814507; I 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 President of VFE, Inc., an Arkansas corporation, to me personally well known, who stated that he as such manager of VFE, Inc., executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. vke IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this_ day of 2009. r' � 'tip►►►►runuru++�+�y`'` W. p��C� {SEAL, i NpTARY •': NOTAR G P L99-I C ZC �r'++urr nun►s►'` n@PF Desk Iop1::0D MAJMHODMAi LI MA I; FCC`,814507;1 NOTAR•�`� Page 1 of 1 Paul White From: Brian Dale [bdale@whitedaters.com] Sent: Tuesday, July 21, 2009 10:48 AM To: pwhite@whitedaters.com Subject: FW: Valley Falls - Re Plat Attachments: Temp06289.PDF Sewer good. B From: Jim Boyd [mailto:jim.boyd@lrwu.com] Sent: Tuesday, July 21, 2009 10:09 AM To: 'James, Donna' Cc: 'Brian Dale' Subject: FW: Valley Falls - Re Plat Sewer is available to this property and no additional easements are required for LRW sewer mains existing on site. James Boyd, P.E. Engineering Supervisor Little Rock Wastewater #11 Clearwater Drive Little Rock, AR'72204 Office 501-688-1414 Mobile 501-352-0390 email jim.boyd@lrwu.com From: Brian Dale [mailto:bdale@whitedaters.com] Sent: Tuesday, July 21, 2009 9:35 AM To: 'Chris Keathley'; Jim Boyd; 'Joni Bates'; 'Marie Dugan'; 'Theodis Thompson'; 'Hill, Richard' Cc: pwhite@whitedaters.com; 'James, Donna' Subject: Valley Falls - Re Plat Attached is a plat for review and approval. Please let us know if you have any questions. An email response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. The owner of this property intends to file their plat by July 31, 2009. The City of Little Rock now requires a sign -off from every utility company before the plat can be recorded. If you have any questions, please contact us as soon as possible in order to expedite the process. We appreciate your timely response. Brian Dale 7/21 /2009 Page 1 of 1 Paul White From: Brian Dale [bdale@whitedaters.com] Sent: Tuesday, July 21, 2009 10:48 AM To: pwhite@whitedaters.com Subject: FW: Valley Falls - Re Plat Attachments: Temp06289.PDF Aft approves. B From: KEATHLEY, CHRIS (ATTSWBT) [mailto:ck0826@att.com] Sent: Tuesday, July 21, 2009 10:20 AM To: Brian Dale Cc: NAJI, ALLISON V (ATTSWBT) Subject: FW: Valley Falls - Re Plat Brian, AT&T approves lot replat of lots 44 and 45 in Valley Falls Estates as illustrated on the attachment. Thanx Chris Chris Keathley Manager 05P Ping & Eng Dsgn 501.373.6594 From: Brian Dale [mailto:bdale@whitedaters.com] Sent: Tuesday, July 21, 2009 9:35 AM To: KEATHLEY, CHRIS (ATTSWBT); 'Jim Boyd'; 'Joni Bates'; 'Marie Dugan'; Theodis Thompson'; 'Hill, Richard' Cc: pwhite@whitedaters.com; 'James, Donna' Subject: Valley Falls - Re Plat Attached is a plat for review and approval. Please let us know if you have any questions. An email response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. The owner of this property intends to file their plat by July 31, 2009. The City of Little Rock now requires a sign -off from every utility company before the plat can be recorded. If you have any questions, please contact us as soon as possible in order to expedite the process. We appreciate your timely response. Brian Dale 7/21 /2009 Page 1 of 1 Paul White From: bdale@whitedaters.com Sent: Tuesday, July 21, 2009 3:00 PM To: Paul White Subject: Fw: Valley Falls - Re Plat See below. B "Sent via B1ackBerry." From: "Bates, Joni B." Date: Tue, 21 Jul 2009 14:34:40 -0500 To: Brian Dale<bdale@whitedaters.com> Subject: RE: Valley Falls - Re Plat Approved From: Brian Dale [mailto:bdale@whitedaters.com] Sent: Tuesday, July 21, 2009 9:35 AM To: 'Chris Keathley'; 'Jim Boyd'; Bates, Joni B.; 'Marie Dugan'; Theodis Thompson'; 'Hill, Richard' Cc: pwhite@whitedaters.com; 'James, Donna' Subject: Valley Falls - Re Plat Attached is a plat for review and approval. Please let us know if you have any questions. An email response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay The owner of this property intends to file their plat by July 31, 2009. The City of Little Rock now requires a sign -off from every utility company before the plat can be recorded. If you have any questions, please contact us as soon as possible in order to expedite the process. We appreciate your timely response. Brian Dale 7/21 /2009 s Y c gg r � � i Eat 'l WHO 3E $x '� aeS�gR HOP 3 � Page 1 of 1 Paul White From: Brian Dale [bdale@whitedaters.com] Sent: Thursday, July 30, 2009 10:19 AM To: pwhite@whitedaters.com Subject: FW: Valley Falls - Re Plat Entergy good — see below. B From: THOMPSON, THEODIS [mailto:TTHOMPi@entergy.com] Sent: Thursday, July 30, 2009 8:47 AM To: Brian Dale Subject: RE: Valley Falls - Re Plat Brian, Everything is ok on this plat as far as Entergy is concerned. Thanks Theodis Thompson -----Original Message ----- From: Brian Dale [mailto:bdale@whitedaters.com] Sent: Tuesday, July 21, 2009 9:35 AM To: 'Chris Keathley'; 'Jim Boyd'; 'Joni Bates'; 'Marie Dugan'; THOMPSON, THEODIS; 'Hill, Richard' Cc: pwhite@whitedaters.com; 'James, Donna' Subject: Valley Falls - Re Plat Attached is a plat for review and approval. Please let us know if you have any questions. An email response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. The owner of this property intends to file their plat by July 31, 2009. The City of Little Rock now requires a sign -off from every utility company before the plat can be recorded. If you have any questions, please contact us as soon as possible in order to expedite the process. We appreciate your timely response. Brian Dale 7/30/2009 Page 1 of 1 James, Donna From: Jim Boyd Dim.boyd@lrwu.com] Sent: Tuesday, July 21, 2009 10:09 AM To: James, Donna Cc: 'Brian Dale' Subject: FW: Valley Falls - Re Plat Sewer is available to this property and no additional easements are required for LRW sewer mains existing on site. James Boyd, P.E. Engineering Supervisor Little Rock Wastewater #1i Clearwater Drive Little Rock, AR 72204 Office 501-688-1414 Mobile 501-352-0390 email jim.boyd@lrwu.com From: Brian Dale [mailto:bdale@whitedaters.com] Sent: Tuesday, July 21, 2009 9:35 AM To: 'Chris Keathley'; Jim Boyd; 'Joni Bates'; 'Marie Dugan'; Theodis Thompson'; 'Hill, Richard' Cc: pwhite@whitedaters.com; 'James, Donna' Subject: Valley Falls - Re Plat Attached is a plat for review and approval. Please let us know if you have any questions. An email response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. The owner of this property intends to file their plat by July 31, 2009. The City of Little Rock now requires a sign -off from every utility company before the plat can be recorded. If you have any questions, please contact us as soon as possible in order to expedite the process. We appreciate your timely response. Brian Dale 7/21 /2009 City of Little Rock Planning and Development Filing Fees Date , 21}�;, Annexation $ Board of Adjustment $ Cond Use Permit/T U P $ Final Plat 1 Planned Unit Dev $ Preliminaiy Plat $ F Special Use Permit $ _ Rezoning Site Plans $ r Street Name Change Street Name Signs Number -at -ea $ " Public Hearing Signs Number at ea $ Total ' File No Location A.ppli ant By ,