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HomeMy WebLinkAboutS-1280-V ApplicationCIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: VALLEY FALLS ESTATES LOTS 73, 74 & 75 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 1 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 I/II Date: R SORVEYOR REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor Date:-26 MANAGER PROVAL All Civil Engineering requirements for filing this final plat have been satisfie J 11 � � Date: 20 f r Design Review Engineer/Civil Engineering Manager Effective: APRIL 26, 2019 Tamara Guffey From: Floriani, Vince <VFloriani@littlerock.gov> Sent: Monday, April 29, 2019 10:12 AM To: Carney, Dana Cc: Tamara Gulley Subject: Valley Falls Estates Lots 73, 74, & 75 Final Plat Attachments: CCE04292019.pdf Public Works is OK with approval of the final plat. Thanks, Vince Tamara Guffey From: Vincent Hotho <Steven.Hotho@lrwra.com> Sent: Thursday, May 02, 2019 9:01 AM To: Tamara Guffey Cc: Carney, Dana Subject: FW: Final Plat Approval - Valley Falls Lots 73, 74, 75 Attachments: 73_74_75PLAT Model (1).pdf Sewer is available to these lots. No objection to filing. S. Vincent Hotho, P.E. Program Manager, Engineering Services 11 Clearwater Dr. Little Rock, AR 72204 Office: (501)688-1452 www Irwrn cnm LITTLE ROCK Water Reclamation Authority O N Y� ~ : = R _ ONE ���.'uRE. 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. From: Tamara Guffey <tguffey@whitedaters.com> Sent: Wednesday, May 1, 2019 3:21 PM To: Vincent Hotho <Steven.Hotho@lrwra.com> Cc: Joe White <jwhite@whitedaters.com> Subject: FW: Final Plat Approval - Valley Falls Lots 73, 74, 75 Vince LRWWU is the last sign off we need. Thanks Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Tamara Guffey Sent: Tuesday, April 30, 2019 9:28 AM To: Vincent Hotho <Steven.Hotho@Irwra.com>; Harold Hounwanou <Harold.Hounwanou Irwra.cam> Tamara Guffey From: Jim Ferguson <Jim.Ferguson@carkw.com> Sent: Thursday, April 25, 2019 11:06 AM To: Tamara Guffey Subject: RE: Final Plat Approval - Valley Falls Lots 73, 74, 75 Valley Falls Lots 73, 74, 75 Final Plat as submitted is acceptable and approved by Central Arkansas Water. Thank you, Jim Ferguson, P.E. Director of Engineering Central Arkansas Water 501.377.1298 office iim.fer�uson@carkw.com From: Jim Ferguson On Behalf Of Jonathan Long Sent: Thursday, April 25, 2019 11:02 AM To: Jim Ferguson Subject: FW: Final Plat Approval - Valley Falls Lots 73, 74, 75 Thank you, Jim Ferguson, P.E. Director of Engineering Central Arkansas Water 501.377.1298 office jim.ferguson@carkw.com From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Thursday, April 25, 2019 10:47 AM To: Vincent Hotho; Jonathan Long; 'Joni Bates'; 'Jeremy Henderson'; 'Joseph Manion'; Hill, Richard Cc: Carney, Dana; Joe White; Brian Dale; Floriani, Vince Subject: Final Plat Approval - Valley Falls Lots 73, 74, 75 Attached for your approval is the final plat of Lots 73, 74, 75, Valley Falls Estates, an addition to the City of Little Rock. The owner of this property would like to file this plat by Thursday, May 2nd. 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.comn or Brian Dale at bdale@whitedaters.com or 821-1667. Thank you Tamara Guffey Tamara Guffey From: MANION, JOSEPH E <jm4138@att.com> Sent: Monday, April 29, 2019 4:04 PM To: Tamara Guffey Subject: FW: Final Plat Approval - Valley Falls Lots 73, 74, 75 Attachments: 73_74_75PLAT Model (1).pdf AT&T approves of this plat. Thank You, t7o&e, i Noylae AT&T Mgr. Engineering/Design 501-373-8892 From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Thursday, April 25, 2019 10:47 AM To: Vincent Hotho <Steven.Hotho@lrwra.com>; Jonathan Long <Jonathan.Long@carkw.com>; 'Joni Bates' <joni.bates@centerpointenergy.com>;'Jeremy Henderson' <jhende9@entergy.com>; MANION, JOSEPH E <jm4138@att.com>; Hill, Richard <Richard_Hi112@comcast.com> Cc: Carney, Dana <DCarney@littlerock.gov>; Joe White <jwhite@whitedaters.com>; Brian Dale <bdale@whitedaters.com>; Floriani, Vince <VFloriani@littlerock.gov> Subject: Final Plat Approval - Valley Falls Lots 73, 74, 75 Attached for your approval is the final plat of Lots 73, 74, 75, Valley Falls Estates, an addition to the City of Little Rock. The owner of this property would like to file this plat by Thursday, May 2nd. 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 Brian Dale at bdale@whitedaters.com or 821-1667. 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: Gober, Adam P <adam.gober@centerpointenergy.com> Sent: Thursday, April 25, 2019 3:17 PM To: Tamara Guffey Subject: FW: [External Email] Final Plat Approval - Valley Falls Lots 73, 74, 75 Attachments: 73_74_75PLAT Model (1).pdf Tamara, This plat has been reviewed and is approved by CenterPoint Energy for filing. Kind regards, Adam P. Gober Engineer I I AR/OK Region EMW 501.377.4737 w. 1501.541.7509 c. CenterPointEnergy.com From: Fuentes, Kenneth W Sent: Thursday, April 25, 2019 2:41 PM To: Gober, Adam P <adam.gober@centerpointenergy.com> Subject: FW: [External Email] Final Plat Approval - Valley Falls Lots 73, 74, 75 Please review, thanks! Kenneth W. Fuentes, El Engineer II I AR/OK Region Ewrff 501.377.4606 w. 1501.516.9585 c. CenterPointEnergy.com From: Bates, Joni B. Sent: Thursday, April 25, 2019 2:25 PM To: Fuentes, Kenneth W <Kennet h.fuentes@centerpointenerey.com> Subject: FW: [External Email] Final Plat Approval - Valley Falls Lots 73, 74, 75 Please review. Thanks, Joni From: Tamara Guffey <tguffey@whitedaters.com> Sent: Thursday, April 25, 2019 10:47 AM To: Vincent Hotho <Steven.Hotho Irwra_com>; Jonathan Long <Jonathan.Len carkw.com>; Bates, Joni B.<ipni.batesCa7centerpointenergy.com>;'Jeremy Henderson' <ihende9 enter .corn>;'Joseph Manion' <jm4138@att.com>; Hill, Richard <Richard Hi112@comcast.com> Tamara Guffey From: Henderson, Jeremy <jhende9@entergy.com> Sent: Thursday, April 25, 2019 2:37 PM To: Tamara Guffey Subject: RE: Final Plat Approval - Valley Falls Lots 73, 74, 75 Entergy approves. From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Thursday, April 25, 2019 10:47 AM To: Vincent Hotho; Jonathan Long; 'Joni Bates'; Henderson, Jeremy; 'Joseph Manion'; Hill, Richard Cc: Carney, Dana; Joe White; Brian Dale; Floriani, Vince Subject: Final Plat Approval - Valley Falls Lots 73, 74, 75 Attached for your approval is the final plat of Lots 73, 74, 75, Valley Falls Estates, an addition to the City of Little Rock. The owner of this property would like to file this plat by Thursday, May 2nd. 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 Brian Dale at bdaie@whitedaters.com or 821-1667. 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 This message is intended for the exclusive use of the intended addressee. If you have received this message in error or are not the intended addressee or his or her authorized agent, please notify me immediately by e-mail, discard any paper copies and delete all electronic files of this message. Prepared by: 1111111 2019029173VFE Phase V, LLC ligginitill PO Box 23670 _ PRESENTED: Q"r13.2019 03:� 0:46 PM Rl=CioFtt]EI]' 05-13^4419 p3'16:51 PM Little Rock, AR 72221-3670 tl� �t�� �19f r+f'`' !1 ' �'•fi In Official Records of Terri Hollingsworth Gircuiilcounty Clerk PULASKI CO, AR FEE $95.00 ILL DECLARATION OF RESTRICTIVE COVENANTS AND BILL OFASSURANCE KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, VFE PHASE V, LLC, an Arkansas limited liability company, hereinafter referred to as the "Allottor", is the owner of the following described land in the County of Pulaski, State of Arkansas, to -wit: See LEGAL DESCRIPTION on Exhibit "A" attached Hereto and by this reference fully incorporated herein, AND WHEREAS, it is desirable that all of the above described property be platted into various tracts, lots and streets. NOW, THEREFORE, WITNESSETH: That the said Allottor, for and in consideration of the benefits to accrue to it and its successors and assigns, which benefits it acknowledges to be of value, has caused the land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Dan W. Havner, a Professional Land Surveyor, License Number 1542, 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 �;l)f C 9 � 0 ::�� and the Allottor does hereby make this Declaration of Restrictive Covenant and Bill of Assurance. DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off, platted, replatted, subdivided and resubdivided, and does hereby lay off, plat, replat, subdivide and resubdivide the land herein described, in accordance with the aforesaid Plat. The land embraced and described in said Plat shall be forever known as: Lots 73, 74 and 75 Valley Falls Estates Phase V, city of Little Rock, Pulaski County, Arkansas, as shown on the Plat; and any and every deed of conveyance of any lot or tract in said Addition describing the same by the tract, lot and block number shown on said Plat shall always be deemed a sufficient description thereof. Any word contained herein shall be read as the singular or the plural and as the masculine, feminine or neuter gender as may be applicable in the particular context. Furthermore the following words shall have the meanings attributed to them below: (i) "Addition" means each phase of Valley Falls Estates, an Addition to the City of Little Rock, Pulaski County, Arkansas when platted. (ii) "Association" means the Valley Falls Estates Property Owners Association, Inc., an Arkansas not for profit corporation. (iii) "Common Area" means all real property and any improvements thereon which are or may be designated on the Plat or any subsequent plat as s u c h a n 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. (iv) "Lot" or "Lots" means any plot of land shown, identified and platted by and depicted on the Plat as a residential building lot. (v) "Owner" means the record title holder, whether one or more, persons or entities, of fee simple title to any Lot, but excluding any person or entity merely holding a lien on or security interest in a Lot. There are strips of ground shown and dimensioned on the Plat marked "Utility Easement" and "Drainage Easement", which Allottor donates and reserves for the use of and by public utilities, and for drainage purposes, respectively, subject at all times to the proper authorities and to the easements and restrictive covenants herein reserved. All streets and roads shown on the Plat serving and being within the Addition shall be and remain private streets and roads; subject to the grants, rights, retainage, privileges and reservations herein contained. Allottor hereby retains fee simple title to all streets and roads shown on the Plat with the unlimited and unrestricted right, in the Allottor's sole discretion: 2 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (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) 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 the Allottor deems desirable, and (iv) to grant such other and further non-exclusive reciprocal easements, both appurtenant to other lands not subdivided by this Plat and in gross, in the Allottor's sole discretion without regard to any increase in burden or traffic; but Allottor hereby grants a non-exclusive reciprocal easement for vehicular and pedestrian traffic on, over and across all private streets and roads shown on the Plat and that certain Plat recorded as Instrument Number in the Plat Records in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas as an easement appurtenant to each Lot in the Addition for the use and benefit of the Allottor, its agents, employees, servants, invitees, guests, successors or assigns and any Owner, their agents, employees, servants, invitees, guests, successors, heirs and assigns. Further, Allottor hereby grants a non-exclusive reciprocal easement for vehicular and pedestrian traffic on, over, under and across all private streets and roads shown on the Plat as an easement in gross to any municipal corporation or other governmental or public agency, including postal, fire, police and utility departments, as well as all utility providers required to use said private streets and roads in the discharge of a public purpose or in the provision of utilities to the Addition and to any lands now owned or hereafter acquired by the Allottor. While Allottor shall cause said private streets and roads shown on the Plat to be constructed, the Association shall thereafter be solely responsible for the maintenance, repair, replacement and reconstruction thereof as well any and all other costs associated with the operation and maintenance thereof, including but not limited to, all liability and liability insurance. All Owners of a Lot platted hereby, and all persons, natural and artificial, claiming an interest in any Lot platted hereby, shall take their titles subject to the grants, rights, easements, 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 easements shown on the Plat and the utility and drainage easements shown on the Plat. DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE The Lots in this Addition shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon any Owner and their respective heirs, successors and assigns forever, in order to maintain the lands above described as desirable, uniform and suitable as residential property, to -wit: ARTICLE I LAND USE, BUILDING TYPE AND HEIGHT All Lots herein platted shall be held, owned and used only for residential purposes except as otherwise shown on the Plat. No buildings shall be erected, placed, altered, reerected or permitted to remain on or upon any Lot other than: (1) detached single family residence (the, "dwelling") which shall not exceed two and one-half stories in heights when seen from the front or principal street facades, a private fully enclosed garage for the storage of motor vehicles owned or used by the residents (storage of commercial motor vehicles being expressly prohibited), such garage to be of such sufficient size to adequately accommodate no less than two (2) motor vehicles no portion of which garage space may thereafter be converted into living space or for any other purpose without the prior written approval of the Allottor, and 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 Allottor is desirous of providing and maintaining harmony of external design and location in relation to the surrounding structures and topography and, for this purpose, has created an Architectural Control Committee that has the duties, obligations and responsibilities as hereinafter set forth. (b) Architectural Control Committee. The Architectural Control Committee (hereinafter "the Committee") shall initially consist of at least three, but not more than five, members who shall be designated by the Allottor. Subsequent to the initial appointments, the Allottor shall appoint all replacement members of the Committee; provided, however, the Allottor may, at such time as it deems appropriate, release all control over appointments of members to the Committee to the Board of Directors of the Association by execution of an instrument to such effect in recordable form. Neither the Allottor, nor the Committee shall be liable in damage to any person submitting requests for approval or to any Owner within the Addition by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to any request hereunder. All decisions of the Committee shall be by a majority vote of the members of the Committee. The identity of the members of the Committee and all replacement members thereof shall be disclosed by an instrument in recordable form executed by the Allottor or, after release of control by the Allottor to the Association, then the President of the Board of Directors of the 4 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE Association, as the case maybe. (c) Requirements Before Construction. No dwelling, building, structure or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon any Lot platted hereby until the building plans, specifications, exterior color schemes, general plan of landscaping and plot plan showing the location and facing of sujch 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, the documentation with respect to any Proposed Construction: (i) Plot Plan (ii) Floor Plan of the proposed dwelling, building, structure or other improvement (iii) Front, rear, right and left elevations of the proposed dwelling, building, structure or other improvement. (iv) General Plan of Landscaping (v) Specifications reflecting the choice of exterior building materials and color scheme of the proposed dwelling, building, structure or other improvement (vi) Such other documentation as the Architectural Control Committee may request. For purposes hereof, the term "Proposed Construction" shall include, but shall not be limited to, new construction of a dwelling, building, structure or other improvement, remodeling, adding to or modifying an existing dwelling, building, structure or other improvement, installations of a fence or wall, construction or remodeling of outbuildings or other accessory structures, construction or installations of storm cellars, swimming pools and coverings thereof, tennis courts, installation of an antenna whether on a structure or on a Lot, construction of ponds or lakes, installations of any sign, and construction of 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 5 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE 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 Allottor that the Addition be developed and maintained in a consistent and harmonious manner. In furtherance of and in keeping with the purposes hereof, the Committee may promulgate, from time to time, DESIGN STANDARDS (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 the Allottor as long as the Allottor selects the Committee, and thereafter, shall be maintained as a permanent record in the offices of the Association. ARTICLE III MINIMUM PRINCIPAL BUILDING SIZE No dwelling shall be constructed, erected, placed, altered, reerected or permitted to remain on or upon any Lot unless the finished heated and cooled living area thereof, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall equal or exceed 3,500 square feet for a one story building, or, 4,000 square feet for a split level or a multi -level building. Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. ARTICLE IV BUILDING LOCATION 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 platted hereby nearer that a distance equal to ten percent of the width of the lot at the front building line (not exceeding twelve and a half (12.5') feet, or eight (8') feet, whichever is greater, to an interior lot line. For the purposes of this paragraph, eaves, 6 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE steps, balconies, and open porches shall not be considered as a part of the dwelling or building. ARTICLE V LOT AREA AND WIDTH No lot platted hereby shall be subdivided or resubdivided or replatted without the written consent of the Allottor, which consent may be withheld in the Allottor's sole discretion. In any event no dwelling or building shall be erected, constructed or placed on any building site or lot having a width of less than sixty (60) feet at the minimum building set back line, nor shall any dwelling or building be erected, constructed or placed on any lot having an area of less than Seven thousand (7000) square feet. ARTICLE VI EASEMENTS Easements in gross on, over, under and across the private streets and roads shown on the Plat filed herewith have herein been granted to the persons, firms or entities engaged in supplying utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, cable, water and sewer, for the purpose of installing, maintaining, repairing and replacing such utility services. 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 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 ad j acent 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 7 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE 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 and other regulations, underground utility services, including electrical, natural gas, water, cable and telephone service between the point of delivery of such utility services as located by the utility company and the point of use of such Owner. The Owner of any Lot platted hereby shall dig and backfill in conformity with applicable code requirements and other regulations a ditch for utility services. No individual water supply system or individual sewage disposal system shall be permitted to be constructed or operated on any of the Lots platted hereby. No television dish, antennae or similar equipment shall be installed on any of the Lots without the prior written consent of the Allottor. ARTICLE VIII NUISANCES No noxious or offensive activity or commercial business activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the owner of any Lot. No 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 Allottor, the Allottor shall have the right to perform such cleanup work as is necessary and Owner shall reimburse Allottor for the cost thereof . PROVIDED, HOWEVER, the sale of Lots or dwellings and the construction of dwellings, buildings, structures and other improvements in the Addition shall not be prohibited by this Article and the same are hereby declared permitted commercial 'activities. ARTICLE IX TEMPORARY STRUCTURES No mobile home, trailer, basement, tent, shack, garage, barn, or outbuilding erected on a Lot covered by these covenants shall at any time be used for human habitation. ARTICLE X 0 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE SIGNS No sign of any kind shall be displayed to the public view on any Lot, except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder or Allottor to advertise the property during the construction and sales period and in no event shall any such signage be affixed, permanently or temporarily, to any trees. ARTICLE XI LIVESTOCK AND POULTRY No animals, livestock, or poultry of any kind shall be raised or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. ARTICLE XII VISUAL OBSTRUCTIONS No fence, wall, hedge, or shrub planting or other obstacle which obstructs sight lines at elevations of more than 2 feet 6 inches above the roadways shall be placed or permitted to remain on any 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 comer, 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 comer lots except upon the written approval of the Allottor. To insure compliance with the provisions of Article VI hereof as it relates to the erection of fences along utility easements, no fence, wall, or other structure shall be erected along property lines without approval of the design, construction, and materials by the Committee. Further there shall be no barbed or other similar wire fences erected or placed on any Lot nor shall any chain link fence of any type or kind be erected or placed on any Lot which can be seen from the street. ARTICLE XIV STREET ACCESS AND DRIVEWAYS DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE All driveways or other paved areas intended for vehicular travel situated on any Lot shall be surfaced with such 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 mobile home shall be placed or remain on any Lot. 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 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 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 10 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE 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 (collectively referred to as the "Enforcement Costs"), 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 and any Enforcement Costs 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 comers and points of curve, and all Lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. ARTICLE XVIII VALLEY FALLS ESTATES PROPERTY OWNERS ASSOCIATION, INC. There has been formed by the Allottor a non-profit corporation known as the Valley Falls Estates Property Owners Association, Inc. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant, 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, including the Allottor, shall be a member of the Association. Membership shall be appurtenant to and not be separated from ownership of any Lot which is subject to assessment. The Owner(s) of each Lot shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall individually be Members but shall collectively have one vote only with respect to each Lot owned by such persons. The Allottor shall be entitled to one vote for each Lot owned by Allottor. (b) Owner's Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to 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 the Allottor, subject to the following provisions: 11 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (i) The right of the Association to charge assessments, fees and charges for the acquisition, construction, operation, maintenance and repair of any Common Area and private streets. (ii) The right of the Association to suspend voting rights and rights to use of any Common Areas by an Owner for any period during which any assessment as hereinafter described against such Owner's Lot remains unpaid; and for a period not to exceed 60 days for any infraction of the published rules and regulations regarding the use of such Common Area facilities promulgated by the Association; (iii) The right of the Association to dedicate or transfer all or any part of any Common Area to any public agency or utility for such purposes and subject to such conditions as may be agreed to by the Association. No such dedication or transfer shall be effective except upon the vote of a majority of the Members; (iv) The right of the Allottor to use of any of the Common Area to promote sales of unsold Lots within the Addition, such use to be without cost to Allottor; and, (c) Covenant for Maintenance Assessments. Except for property otherwise exempt from assessment as herein provided, each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) Annual assessments or charges; and, (2) Special Assessments. The annual and special assessments, together with interest, costs and reasonable Attorney's fees shall be a charge on the Lots and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, cost, and reasonable attorney's fees, shall also be the personal obligation of the person or persons who was the Owner or Owners of such Lot at the time when the assessment fell due. The assessments levied by the Association shall be used exclusively for the recreation, health, safety and welfare of the Owners, for the improvement, operation and maintenance of the common areas and private streets, for repair and replacement of common areas and streets within the Addition, whether public or private, for insurance, taxes, and other costs and expenses related to, and, in the discretion of the Board of Directors, consistent with the purposes of the Association. The initial a n n u a 1 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 to commence at such time or times as shall be determined by Board of Directors. Further, notwithstanding anything to the contrary herein contained, the Board of Directors of the Association shall be empowered to levy, in any assessment year, a special assessment applicable to that year only for the purpose of deferring and paying, in whole 12 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE or part, the costs of any construction, reconstruction, repair or replacement of a capital improvement located upon and situated in the common areas and private streets, including fixtures and personal property related thereto, and such other costs as the Board of Directors deems desirable or necessary. Any annual and special assessments as hereinbefore described shall be uniform for all non-exempt Lots within the Addition and may be collected on a monthly basis. The annual assessments hereinbefore described, once levied, shall commence as to each non-exempt Lot upon the first day of the month following the date of sale by the Allottor of each such Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year and the amount thereof shall be pro -rated. The Board of Directors of the Association shall fix the amount of the 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, Tract or property owned by the Allottor, the private streets and roads, any Common Areas and any Tract, facilities 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 rate allowed under Arkansas and 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. In the event any annual assessments, special assessments and any other charges, fees or expenses levied, charged or billed by the Association from time to time, is not paid in full as and when due and the same is collected by or through an attorney, the Owner of the Lot covenants, promises and agrees to pay to pay the interest accrued thereon and any costs and reasonable attorneys' fees incurred in the collection of same. The Owner may not waive or otherwise escape liability for the assessment, charge, fee or expenses herein provided by non-use of the Common Area or abandonment of his Lot. The lien of the assessments, charges, fees and expenses provided for herein shall be subordinate to the lien of any first mortgage on the Lot. The sale or transfer of any Lot pursuant to any mortgage foreclosure or proceeding in lieu thereof, shall extinguish the lien of such assessments, charges, fees and expenses as to payments which became due prior to such sale or transfer, but not otherwise. ARTICLE XIX 13 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE ADDITIONAL PROPERTY (a) If Allottor owns or acquires additional lands, which the Allottor desires in its sole discretion to develop in a fashion generally consistent with the development of the hereinbefore described lands, hereinafter referred to as the "Additional Lands"; then the Allottor, in its sole discretion, shall have to right, but not the obligation, to annex said Additional Lands to this Addition and cause the same to be governed by covenants similar to the covenants herein set forth and may have common areas and private streets similar to those common areas and streets described herein which may be conveyed to the Association to be maintained and kept landscaped by and at the expense of the Association. (b) The annexation of the Additional Lands by the Allottor, from time to time, may be made by filing of record a Declaration of Restrictive Covenants and Bill of Assurance adding and annexing the Additional Lands therein described to the Addition and subject the Additional Lands therein described to covenants similar to the covenants herein set forth and to the extent thereof, all property owners in any subsequent development of the Additional Lands so annexed and added to the Addition shall become members of the Association by virtue of owning a lot in such development and shall be subject to all duties, responsibilities and assessments in accordance with such membership and shall be entitled to all privileges, rights and enjoyment of common areas of all other members of the Association. (c) UNDER NO CIRCUMSTANCES shall this Declaration of Restrictive Covenants and Bill of Assurance or any subsequent annexation or addition to this Addition bind or require the Allottor to make any annexation or addition to this Addition or to adhere to any development plan, regardless of how that development plan is published or presented, in any subsequent development of any lands now owned or hereafter acquired by the Allottor. Nor shall the Allottor be precluded from conveying any lands it now owns or hereafter acquires, not expressly made subject to the terms and provisions hereof, free and clear of not only the terms, provisions and covenants herein contained but any similar covenants or restrictions. (d) Except as herein allowed, there shall be no other annexation or addition of lands into the Addition or the addition of members to the Association without the prior written consent of the Allottor. ARTICLE XX RIGHT TO ENFORCE The terms, restrictions, covenants and provisions herein set forth shall run with the Lots and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of the Lots platted hereby. Allottor and any Owner of any of the Lots platted hereby shall have the right to sue for and obtain 14 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of, the restrictions above set forth, in addition to any ordinary legal action for damages. The failure of Allottor or any Owner of any of the Lots to enforce any of the 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 a written instrument signed and acknowledged solely by the Allottor. Alternatively, any and all of the terms, conditions, covenants, provisions and restrictions set forth herein may be amended, modified, extended, changed or canceled, in whole or in part, only by a written instrument signed and acknowledged by at least 50% percent of the Owners of the Lots, PROVIDED, HOWEVER, any such amendment, modification, extension, change or cancellation, in order to be effective and enforceable, must be approved and consented to in writing by Allottor regardless of whether or not Allottor owns any Lot in the Addition, such approval to be in the sole discretion of the Allottor. The provisions of any such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each term, condition, covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2030. ARTICLE XXII ASSIGNMENT AND BINDING EFFECT Allottor expressly reserves the right to assign in writing the Allottor's rights and obligations hereunder to another person, natural or artificial; provided, however, such other person shall only succeed to the rights and obligations of the Allottor upon recordation of such an assignment executed by the Allottor which expressly and specifically assigns the Allottor's rights and obligations hereunder and a conveyance of the land platted hereby will not be deemed such an assignment to the purchaser thereof. ARTICLE XXIII EXTENSION All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each, unless modified, terminated or canceled as provided herein. 15 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE 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 SEVERBILITY Invalidation of any restriction set forth herein, or any part thereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. EXECUTED this ay of 12011. VFE Phase V, LLC an Arkansas Limited liabil' a y, B Aor Title: Manager ACKNOWLEDGMENT FNotary RA M. GUFFEY STATE OF ARKANSAS ) s - Saline County, - Gomm# 12396983on Expires Feb 3, 2024 Il. COUNTY OFRGL Lim On this 34-k day of '-M LL , 20IJ before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Rick Ferguson, to me personally well known, who stated that he was the Manager of VFE PHASE V, LLC, an Arkansas limited liability company, and were duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of 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 official seal. My o p Commission Expires: -D `Cp o a Notary Public 16 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE EXHIBIT A LEGAL DESCRIPTION PART OF THE SW1/4 NW1/4 OF SECTION 24, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 76, VALLEY FALLS ESTATES, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE N88°28'38"W ALONG THE NORTH LINE OF SAID LOT 76, 216.50 FT. TO A POINT ON THE EAST LINE OF A 45 FT. WIDE PRIVATE ROADWAY EASEMENT RECORDED AS SPRING VALLEY LANE; THENCE N01031'22"E, 375.00 FT.; THENCE S88°28'38"E, 257.13 FT. TO A POINT ON THE WEST LINE OF TRACT A, VALLEY FALLS ESTATES, PHASE III-E; THENCE SO 1 °33' 14"W ALONG SAID WEST LINE, 290.33 FT.; THENCE S29°58'23"W CONTINUING ALONG SAID WEST LINE, 85.09 FT.; THENCE SO1 °31'22"W CONTINUING ALONG SAID WEST LINE, 9.86 FT. TO THE POINT OF BEGINNING, CONTAINING 2.17 ACRES MORE OR LESS. Pwvimrad for 6nclu.� of .minimum -mesnds mquircl Illy tho Ciiy Of i tua ilaok I;ai Ci PSBLtri'It"a of bo Uttie ft. ,(!�Wvision and zoning adinam. aly z4 IL3a-: Ptack Plapmirq Ov., 17 ea City of Little Rock Planning and Development r' Filing Fees P Date` � D 28rr �p !F41 1,, , Annexation'1` Board of Adjustment Cond Use Permit/T UP Final Plat Planned Unit Dev Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at Public Hearing Signs Number at _ea Total G f�osl�g