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HomeMy WebLinkAboutS-1280-S Application11111111111111111111IN11111111111111111 2017079579 PRESENTED:12-15-201711:17:45AM RECORDED: 12-15-2017 11:24:48AM In Official Records of Larry Crane Circuit/County Clerk PULASKI CO, AR FEE $110.00 p%y11111 111,1 CACdl�t''••,,f Prepared by: NEWLAND & ASSOCIATES, PLLC 2228 Cottondale Lane, Suite 200 Little Rock, AR 72202 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OFASSURANCE FOR Lot 35C, Valley Falls Estates, Phase IV KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, NCC FINANCIAL ARKANSAS, LLC, a Texas limited liability company authorized to do business in the state of Arkansas, hereinafter referred to as the "Alotter," is the owner of the following described land in the County of Pulaski, State of Arkansas, to wit: See Legal Description attached hereto and incorporated herein as Exhibit A; WHEREAS, Valley Falls Estates, Phase IV is subject to the applicable Articles and Bylaws of the Valley Falls Estates Property Owners Association, Inc., an Arkansas non-profit corporation (the "Association"); WHEREAS, VFE, Inc., an Arkansas corporation ("VFE"), was the predecessor in interest to Allottor as to the property, holds certain rights and interests in Valley Falls Estates, Phase IV as the original allottor of said addition, and is the owner of certain private roadways located throughout Valley Falls Estates, Phase IV; and WHEREAS, it is desirable by all parties that all of the above -described property be platted into a lot and incorporated into Valley Falls Estates, Phase IV, an addition to the City of Little Rock, Pulaski County, Arkansas; Page 1 of 20 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 , 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, as Plat and the Allottor, VFE, and the Association do hereby make this Declaration of Restrictive Covenants and Bill of Assurance. IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off and platted and does hereby lay off and plat the land herein described in accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as: Lot 35C, Valley Falls Estates, Phase IV, an Addition to the City of Little Rock, Pulaski County, Arkansas, as shown on the Plat; and any and every deed of conveyance of said lot in said Addition describing the same by the lot number shown on said Plat shall always be deemed a sufficient description thereof. THAT by the signature of its authorized agent hereto, VFE does hereby consent to the above laying off and platting of the aforesaid property and does hereby annex said property into the Addition (as defined below). THAT by the signature of its authorized agent hereto, the Association does hereby consent to the above laying off and platting of the aforesaid property and does hereby accept said property into the Addition and accept the Owners (as defined below) of said property as members of the Association. THAT 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, and furthermore the following words shall have the meanings attributed to them below: (i) "Addition" means Valley Falls Estates, Phase IV, an Addition to the City of Little Rock, Pulaski County, Arkansas as shown on the Plat and each block and phase thereof as and when thereafter platted. (ii) "Common Area" means all real property and any improvements thereon which are or may be designated on the Plat or any subsequent plat of the Addition as a common area, which is or may be in the future reserved for the common use of the Allottor, its agents, employees, servants, invitees, guests, successors or assigns and any Owners, their agents, employees, servants, invitees or guests. (iii) "Lot" or "Lots" means any Lot or Lots shown on the Plat by number or other comparable designation, to be used as a residential building lot. Page 2 of 20 (iv) "Owner" means the record title holder, whether one or more, persons or entities, of fee simple title to any Lot in the Addition, but excluding any person or entity merely holding a lien on or security interest in a Lot. THAT there are strips of ground shown and dimensioned on the Plat marked "Utility Easement" and "Drainage Easement," which Allotter 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 easement and restrictive covenants herein reserved. THAT all streets and roads shown on the Plat serving and being within the Addition are currently owned by VFE and shall be and remain private streets and roads, subject to the grants, rights, retainage, privileges, and reservations herein contained, and WE hereby retains fee simple title to all streets and roads shown on the Plat with the unlimited and unrestricted right, in VFE's sole discretion: (i) For itself, its agents, employees, servants, invitees, guests, 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) To convey the said streets and roads shown on the Plat to the Association; (iv) To cause to be installed, constructed, maintained, repaired, replaced, substituted, and reinstalled within the area of or across any street or road shown on the Plat gates, guard houses, landscaped beds and areas or other security devices, lighting, irrigation systems, and such other improvements and systems as WE deems desirable; and (v) To grant such other and further non-exclusive reciprocal easements, both appurtenant to other lands not subject to this Plat and in gross, in VFE's sole discretion without regard to any increase in burden or traffic; but VFE hereby grants a non-exclusive reciprocal easement for vehicular and pedestrian traffic on, over, and across all private streets and roads shown on the Plat as an easement appurtenant to each Lot in the Addition for the use and benefit of VFE, its agents, employees, servants, invitees, guest, successors, or assigns and any Owner, their agents, employees, servants, invitees, guests, successors, heirs, and assigns. Further, VFE 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, policy, 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 owner or hereafter acquired by VFE. VFE and Allottor hereby acknowledge and affirm that despite the prior conveyance to Allottor of the property abutting the street(s) shown on the Plat, it was VFE and Allottor's intent that VFE would Page 3 of 20 retain fee simple title to all streets and roads shown on the Plat and be and remain vested with the rights and privileges herein set forth, including the right to grant to Owners of a Lot in the Addition a non-exclusive easement for ingress and egress over the streets and roads of the Addition as herein above set forth. To the extent necessary to effectuate such intent, Allottor hereby quitclaims to VFE all rights, title, and interest Allottor may have in and to the streets shown on the Plat. While VFE 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 as 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. 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 title to said Lots, and shall be binding upon any Owner and their respective heirs, successors and assigns forever, in order to maintain the Lots as desirable, uniform and suitable as residential property, to -wit: ARTICLE I LAND USE, BUILDING TYPE AND HEIGHT All Lots 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 other than: (i) a 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, with 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 garage space may thereafter be converted into living space or for any other purpose without the prior written approval of VFE, and together with (ii) such other improvements and outbuildings only as are incidental and related to the residential use of the Lot. ARTICLE II ARCHITECTURAL CONTROL (a) Purpose. The parties are desirous of providing and maintaining harmony of external design and location in relation to the surrounding structures and topography and, for this purpose, VFE has created an Architectural Control Committee that has the duties, obligations and responsibilities as hereinafter set forth. Page 4 of 20 (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 VFE. Subsequent to the initial appointments, VFE shall appoint all replacement members of the Committee; provided, however, VFE 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 VFE, 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 VFE or, after release of control by VFE 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 ("Proposed Construction") until the Proposed Construction thereof, including but not limited to, the building plans and specifications depicting the Proposed Construction, the exterior color schemes and the 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, building, 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, with respect to any Proposed Construction the following (collectively, the "Required Documentation"): (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; (v) Specifications reflecting the choice of exterior building materials and color scheme of the proposed dwelling, building, structure or other improvement; and (vi) Such other documentation as the Architectural Control Committee may request, in its discretion. For purposes hereof, the term "Proposed Construction" as used herein shall include, but shall not be limited to, any of the following: Page 5 of 20 (a) new construction or reconstruction of a dwelling, building, structure or other improvement; (b) remodeling, adding to, or modifying an existing dwelling, building, structure or other improvement; (c) installations of a fence or wall; (d) construction or remodeling of outbuildings or other accessory structures; (e) construction or installations of storm cellars, swimming pools and coverings therefor, and tennis courts; (f) installation of an antenna whether on a structure or on a Lot; (g) construction of ponds or lakes; (h) construction of any sign; and (i) construction of any driveways. The Committee shall use its best judgment to see that all improvements, construction, landscaping, and alterations on any Lots and 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 Required 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 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 Required 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 and receipt of either written approval of the Committee or the elapse of 30 days from the date of receipt of all of the Required Documentation by the Committee 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 parties 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 (herein referred to as the "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 WE as long as WE selects the Committee, and thereafter, shall be maintained as a permanent record in the offices of the Association. Page 6 of 20 ARTICLE III MINIMUM PRINCIPAL BUILDING SIZE No dwelling shall be constructed, erected, placed, altered, re -erected, or permitted to remain on or upon any Lot unless the fmished heated and cooled living area thereof, exclusive of porches, patios, garages, breezeways, exterior stairways, porte coheres, storage areas, and outbuildings, shall equal or exceed 3,500 square feet for any 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 No dwelling or building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any Lot nearer to the front 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 nearer than a distance equal to ten (10%) percent of the width of the Lot at the front building line (not exceeding fifteen feet (15')), or eight feet (8'), 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 shall be subdivided or resubdivided or replatted without the written consent of VFE, which consent may be withheld in VFE'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 upon any Lot having an area of less than seven thousand (7,000) 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. Likewise easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have herein been reserved on, over, under and across the Lots, 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 Page 7 of 20 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 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 shall install and maintain, in conformity with applicable code requirements, other regulations, and the Design Standards 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 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. No television dish, antennae or similar equipment shall be installed on any of the Lots without the prior written consent of VFE. ARTICLE VIII NUISANCES No noxious or offensive activity and no 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 commercial trucks or vehicles or inoperative vehicles may be stored or parked on a Lot 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 remove such upon notification by VFE, VFE shall have the right to perform such cleanup work as is necessary and Owner shall reimburse VFE 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. Page 8 of 20 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 WE 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 comer 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 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 VFE. 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. Page 9 of 20 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 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 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 of any Lot 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 Page 10 of 20 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 incurred by the Committee or the Association, 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. 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 previously been formed 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, as a covenant running with the Lot, 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 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. VFE shall be entitled to one vote for each Lot owned by VFE. (b) Owner's Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to any Common Area, which shall be appurtenant to and which shall pass with the title to every Lot, at such time or times as the Common Area shall be conveyed to the Association by VFE, subject to the following provisions: (i) The right of the Association to charge assessments, fees and charges for the business and operations of the Association, including but not limited to, Page 11 of 20 the acquisition, construction, operation, maintenance and repair of any Common Area, the private streets and roads, the easement areas required to be maintained by the Association and any facilities or other properties owned or operated and maintained by the Association from time to time (whether or not the said facilities or other properties are a part of the Addition); (ii) The right of the Association to suspend voting rights of an Owner and rights to use of any Common Areas by an Owner for any period during which any assessment, charge, fee or expense charged against such Owner or the 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 any Common Area to any public agency, authority, entity 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 WE to use of any of any Common Area to promote sales of unsold Lots within the Addition, such use to be without cost to VFE. (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 therefore, whether or not it shall be so expressed in such deed, is deemed to covenant, as a covenant running with the Lot, and agree to pay to the Association any annual assessments, special assessments and any other charges, fees or expenses levied, charged or billed by the Association from time to time. The annual assessments, special assessments, and any other charges, fees, or expenses levied, charged, or billed by the Association from time to time, together with interest, costs, and reasonable attorneys' fees, shall be a charge and lien on the Lots and shall be a continuing lien upon the Lot against which each such assessment, charge, fee or expense is made. Each such annual assessments, special assessments and any other charges, fees or expenses levied, charged or billed by the Association from time to time, together with interest accrued thereon and any costs and reasonable attorneys' fees incurred in the collection of same shall also be the personal obligation of the person or persons who was the Owner or Owners of the Lot at the time when the assessment fell due. The assessments, charges, fees and expenses levied and charged by the Association from time to time shall be used for the recreation, health, safety and welfare of the Owners, for the improvement, operation, maintenance, repair, replacement and reconstruction of the Common Area, the easement areas required to be maintained by the Association and any facilities or other properties owned or operated and maintained by the Association from time to time (whether or not the said facilities or other properties are a part of the Addition), for insurance, taxes, and any other costs and expenses related to, and, in the discretion of the Board of Directors of the Association, 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 Page 12 of 20 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 and charges as hereinbefore described shall be uniform for all non- exempt Lots within the Addition and may be collected on a monthly basis. Any annual or special assessments and charges hereinbefore described, once levied, shall commence and become due and payable as to each non-exempt Lot upon the first day of the month following the date of sale of each such Lot. The initial assessments 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 initial 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 VFE, 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, charge, fee or expense levied or charged by the Association not paid by an Owner 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 it may, in addition to pursuing personal liability therefore against the Owner, foreclose the lien of the assessment, charge, fee or expenses against the Lot. The Owner may not waive or otherwise escape liability for the 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. (f) The Association, by the signature of its authorized agent below, hereby consents to the entry of the Owners of the Addition as members of the Association, with all rights and obligations associated therewith. Page 13 of 20 ARTICLE XIX ADDITIONAL PROPERTY (a) If WE owns or acquires additional lands, which WE 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 VFE, in its sole discretion, shall have the 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 private 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 VFE, 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 WE 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 VFE. Nor shall WE be precluded from conveying any lands it now owns or hereafter acquires, not expressly made subject to the terms and 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 VFE. ARTICLE XX RIGHT TO ENFORCE The restrictions, covenants, and provisions herein set forth shall run with the Lots and shall bind the present owner, their heirs, successor, and assigns, and any person, natural or artificial, hereinafter owning any of the Lots. WE and any Owner of any of the Lots 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 WE or any Owner of any of the Lots to enforce any of the Page 14 of 20 terms, provisions, covenants or 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 VFE. 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, by a written instrument signed and acknowledged by at least fifty percent (50%) 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 VFE regardless of whether or not VFE owns any Lot in the Addition, such approval to be in the sole discretion of VFE. The provisions of any such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each term, condition, covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2030. ARTICLE XXII ASSIGNMENT AND BINDING EFFECT VFE expressly reserves the right to assign in writing VFE'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 VFE upon recordation of such an assignment executed VFE which expressly and specifically assigns VFE'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. Page 15 of 20 ARTICLE XXV COUNTERPARTS This Declaration of Restrictive Covenants and Bill of Assurance may be executed in any number of counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. EXECUTED this day of , 2017. NCC FINANCIAL ARKANSAS, LLC, a Texas limited liability company By: Richard Tribe, Manager VFE, INC., an Arkansas corporation By: Rick Ferguson, President VALLEY FALLS ESTATES PROPERTY OWNERS ASSOCIATION, INC., an Arkansas non-profit corporation By: . William Pl nkett, President Page 16 of 20 EXECUTED this W' day of © C-�O � Iv- 2017. NCC FINANCIAL ARKANSAS, LLC, a Texas limited liability company By: &4,,� ;lhvt Richard Tribe, Manager ACKNOWLEDGMENT STATE OF I cs s ) COUNTY OF On this 40- day of 0t�o . 2017. before me a Notary Pnhlic r1n1v commissioned, qualified and acting, within and for the County. and State aforesaid, appeared in person the within named Richard Tribe to me personally well known, who stated that he was the Manager of NCC Financial Arkansas. LLC a Texas limited liability company, and was duly authorized his capacity to execute the foregoing instrument for and in the name and on behalf of the said company, 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 day of b g 1~ , 2017. 7(q7FEebrr:%u;"25, HEARon Expires 2019 My Commission Expires: ,C o?S- Page 17 of 20 Notary Public EXECUTED this 5 day of OC.Z be f , 2017. VFE, INC., an Arkansas corporation By: Rick Ferguson, reside ACKNOWLEDGMENT STATE OF i I r La n COUNTY OF SQIjaf) day of 0,4 ber' 2017, before me a Notary Public, duly On this �n commissioned, qualified and acting, within and for the County and State aforesaid, appeared in person the within named Rick Ferguson to me personally well known, who stated that he was the President of VFE, Inc., an Arkansas corporation, and was duly authorized his capacity to execute the foregoing instrument for and in the name and on behalf of the said company, 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 T * STIlVIONY WHEREOF, I have hereunto set my hand and seal on this day of r , 2017. Notary Public My Commission Expires: t7Ii 4G����� f *0TARY *= -mow�� =* PUBLVG Coro:• Page 18 of 20 ACKNOWLEDGMENT STATE OF 9�� ) COUNTY OF?[,t, ) § § On thise&> Iay of n CV,2 QX, 2017, before me a Notary Public, duly commissioned, qualified and acting, within and for the County and State aforesaid, appeared in person the within named William Plunkett to me personally well known, who stated that he was the President of Vallev Falls Estates Property Owners Association Inc. an Arkansas non- profit corporation, and was duly authorized his capacity to execute the foregoing instrument for and in the name and on behalf of the said company, and further stated and acknowledged that he/she 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 Qg4—k day of f\ 2017. My Commission Expires: ) 0, 09 Page 19 of 20 Notary Public reasti£:: i0 8g ordi^»!'- J.. tllia �^CC°�C �L``J'WYl31Ci"I r`,i� 1�i{"i f Caty, o f F�c�fE Fiarr�rn GamL i�s'scn EXHIBIT A LEGAL DESCRIPTION PART OF THE NE % SW % OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 14 WEST, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 36, VALLEY FALLS ESTATES, PHASE IV -A, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE WESTERLY ALONG THE NORTH LINE OF A PRIVATE ROADWAY EASEMENT RECORDED AS VALLEY CREST COURT BEING THE ARC OF A 50.00 FOOT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF NORTH 76 DEGREES 03 MINUTES 58 SECONDS WEST, 61.20 FEET; THENCE WESTERLY CONTINUING ALONG SAID NORTH LINE BEING THE ARC OF A 25.00 FOOT RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF NORTH 88 DEGREES 26 MINUTES 45 SECONDS WEST, 21.41 FEET; THENCE NORTH 63 DEGREES 05 MINUTES 39 SECONDS WEST CONTINUING ALONG SAID NORTH LINE, 44.73 FEET; THENCE NORTH 26 DEGREES 54 MINUTES 21 SECONDS EAST, 493.27 FEET; THENCE SOUTH 89 DEGREES 09 MINUTES 05 SECONDS EAST, 84.94 FEET; THENCE SOUTH 00 DEGREES 52 MINUTES 53 SECONDS WEST, 330.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 36; THENCE SOUTH 51 DEGREES 39 MINUTES 56 SECONDS WEST ALONG SAID NORTH LINE, 232.51 FEET TO THE POINT OF BEGINNING. (ALSO KNOWN AS LOT 35C, VALLEY FALLS ESTATES ACCORDING TO AN UNRECORDED PLAT) Page 20 of 20 Tamara Guffey From: Jason Lowder <Jason. Lowder@ carkw.com > Sent: Monday, October 23, 2017 1:41 PM To: Tamara Guffey Subject: RE: Plat Approval -Lot 35C Valley Falls Estates Central Arkansas Water approves with no comments. Jason Lowder, Engineering Technician jason.lowder@carkw.com 501-377-1245 -----Original Message ----- From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Friday, October 20, 2017 10:57 AM To: Jason Lowder Subject: FW: Plat Approval -Lot 35C Valley Falls Estates Jason Please see attached revised plat on Lot 35C Valley Falls Estates. We have added the existing water easement per your request. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 ----Original Message ----- From: Daniel Havner Sent: Thursday, October 19, 2017 10:03 AM To: Tamara Guffey <tguffey@whitedaters.com>; Joe White <jwhite@whitedaters.com> Subject: RE: Plat Approval -Lot 35C Valley Falls Estates -----Original Message ----- From: Tamara Guffey Sent: Monday, October 16, 2017 9:31 AM To: Daniel Havner <dhavner@whited ate rs.com>; Joe White <jwhite@whitedaters.com> Subject: FW: Plat Approval -Lot 35C Valley Falls Estates See Jason's comments below James, Donna From: Vincent Hotho <Steven.Hotho@Irwra.com> Sent: Wednesday, October 11, 2017 9:24 AM To: Tamara Guffey Cc: James, Donna Subject: RE: Plat Approval -Lot 35C Valley Falls Estates LRWRA has no objection. Vince Hotho Engineering Program Supervisor 11 Clearwater Dr. Little Rock, AR 72204 Office: (501)688-1452 www.Irwra.com LITTLE ROCK 'dater Reclamation At Drit CNE WA71R_ onlE �u7uit�. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender. This message may contain confidential information, and is intended only for the individual named. -----Original Message ----- From: Tamara Guffey [mai_i_to tiauffey@whitedaters.com] Sent: Wednesday, October 11, 2017 9:08 AM To: THOMPSON, THEODIS <TTHOMPI@entergy.com>; Bates, Joni B. <joni.bates@centerpointenergy.com>;'MANION, JOSEPH E jm4138@att.com' <jm4138@att.com>; Jason Lowder (Jason.Lowder@carkw.com) <Jason.Lowder@carkw.com>; Vincent Hotho <Steven.Hotho@lrwra.com> Cc: Joe White <jwhite@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; James, Donna <DJames@littlerock.gov>; Floriani, Vince <VFloriani@littlerock.gov>; Harper, Vance <VHarper@littlerock.org>; Brian Dale <bdale@whitedaters.com> Subject: Plat Approval -Lot 35C Valley Falls Estates Importance: High Attached for your approval is a plat copy of Lot 35C, Valley Falls Estates, an addition to the City of Little Rock. The owner of this property would like to file this plat in the next few days. An email response or signed copy 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. Any questions may be directed to Dan Havner at dhavner@whitedaters.com or 821-1667 or Joe White at jwhite@whitedaters.com. Thank you Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 Tamara Guffey From: Fuentes, Kenneth W <kenneth.fuentes@centerpointenergy.com> Sent: Monday, October 23, 2017 9:40 AM To: Tamara Guffey Subject: RE: [External Email] FW: Plat Approval -Lot 35C Valley Falls Estates Attachments: PLAT35C. PD F Tamara, The plat of Lot 35C, Valley Falls Estates is approved. Thanks, Kenneth W. Fuentes Engineer II Southern Gas Operations I Arkansas/Oklahoma Region 401 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201 Office:501-377-4606 1 Fax:501-377-4733 1 Mobile:501-516-9585 kenneth.fuentes@centerpointenergy.com -----Original Message ----- From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Wednesday, October 18, 2017 4:25 PM To: Fuentes,'Kenneth W <kenneth.fuentes@centerpointenergy.com> Subject: [External Email] FW: Plat Approval -Lot 35C Valley Falls Estates Importance: High EXTERNAL EMAIL Ken is this plat your area? The abstract company needs to close on this sooner than expected. Do you mind reviewing it for approval or forwarding it to the appropriate person? Thank you for your assistance. It is greatly appreciated. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 -----Original Message ----- From: Tamara Guffey Sent: Tuesday, October 17, 2017 10:37 AM To: Bates, Joni B. <joni.bates@centerpointenergy.com> 1 Tamara Guffey From: THOMPSON, THEODIS <TTHOMP1@entergy.com> Sent: Thursday, October 12, 2017 8:53 AM To: Tamara Guffey Subject: RE: Plat Approval -Lot 35C Valley Falls Estates The above referenced plat of valley Falls Lot25C is approved as submitted. Theodis Thompson Entergy Arkansas -----Original Message ----- From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Wednesday, October 11, 2017 9:08 AM To: THOMPSON, THEODIS; Bates, Joni B.;'MANION, JOSEPH E jm4138@att.com'; Jason Lowder (Jason.Lowder@carkw.com); Vincent Hotho Steven.Hotho@lrwu.com Cc: Joe White; Daniel Havner; James, Donna; Floriani, Vince; Harper, Vance; Brian Dale Subject: Plat Approval -Lot 35C Valley Falls Estates Importance: High EXTERNAL SENDER. DO NOT click links, or open attachments, if sender is unknown, or the message seems suspicious in any way. DO NOT provide your user ID or password. Attached for your approval is a plat copy of Lot 35C, Valley Falls Estates, an addition to the City of Little Rock. The owner of this property would like to file this plat in the next few days. An email response or signed copy 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. Any questions may be directed to Dan Havner at dhavner@whitedaters.com or 821-1667 or Joe White at jwhite@whitedaters.com. Thank you Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 Tamara Guffey From: GURLEY, JOHN CURTIS <JG0866@att.com> Sent: Thursday, October 12, 2017 7:38 AM To: Tamara Gulley Subject: Lot 35C Valley Falls Estates Attachments: PLAT35C.pdf Hi Tamara, AT&T approves the plat of Lot 35C, Valley Falls Estates, an addition to the City of Little Rock, as shown in the attached file. John Gurley ATT MGR OSP Engineering Little Rock, AR 501-373-3303 Tamara Guffey From: Vincent Hotho <Steven.Hotho@lrwra.com> Sent: Wednesday, October 11, 2017 9:24 AM To: Tamara Guffey Cc: James, Donna Subject: RE: Plat Approval -Lot 35C Valley Falls Estates LRWRA has no objection. Vince Hotho Engineering Program Supervisor 11 Clearwater Dr. Little Rock, AR 72204 Office: (501)688-1452 www.lrwra, com LITTLE ROCK Water Redamabon ONEAtbo' ONE �-'V rvRE, This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender This message may contain confidential information, and is intended only for the individual named. -----Original Message ----- From: Tamara Guffey [mailto;tguffe @whitedaters.com] Sent: Wednesday, October 11, 2017 9:08 AM To: THOMPSON, THEODIS <TTHOMPi@entergy.com>; Bates, Joni B. <joni.bates@centerpointenergy.com>; 'MANION, JOSEPH E jm4138@att.com' <jm4138@att.com>; Jason Lowder (Jason.Lowder@carkw.com) <Jason. Lowder @ca rkw.com >; Vincent Hotho <Steven. Hotho@l rwra.com> Cc: Joe White <jwhite@whitedaters.com>; Daniel Havner <dhavner@whited aters.com>; James, Donna <Daames@littlerock.gov>; Floriani, Vince <VFloriani@littlerock.gov>; Harper, Vance <VHarper@little rock.org>; Brian Dale <bdale@whitedaters.com> Subject: Plat Approval -Lot 35C Valley Falls Estates Importance: High Attached for your approval is a plat copy of Lot 35C, Valley Falls Estates, an addition to the City of Little Rock. The owner of this property would like to file this plat in the next few days. An email response or signed copy 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. Any questions may be directed to Dan Havner at dhavner@whitedaters.com or 821-1667 or Joe White at jwhite@whitedaters.com. Thank you Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: VALLEY FALLS ESTATES LOT 35C INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: ADDRESSING SPFCiALI€ST REPORT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: _ All streetlight installation, striping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. street signs should be ordered and billed to developer, Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been prepared and sent. Approved engineering drawings for streetlight system have been received and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. Traffic Engineer Date: CIVIL ENGINEER REPORT i have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. _ As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. Civil Engineer UII Date:�� SURVEYOR REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. _ Surveyor Date: MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. r^-a -- — Date: Design Review Engineer/Civil Engineering Manager Effective: Oct 24, 2017 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: VALLEY FALLS ESTATES LOT 35C INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: - ADDRESSING SPECIALIST REPORT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date:- - TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. street signs should be ordered and billed to developer. Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been prepared and sent. Approved engineering drawings for streetlight system have been received and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. Traffic Engineer Date: CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. J !t __ Civil Engineer I/II Date: SURVEYOR REPORT I have reviewed the plat and find that: iC All requirements for final plat approval have been satisfied. Surveyor Date: MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. +— " �'``---� _ - Date: /01 Zy)17 Design Review Engineer/Civil Engineering Manager Effective: Oct 24, 2017