HomeMy WebLinkAboutS-01280-X ApplicationCIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: VALLEY FALLS ESTATES LOTS 65,66,67 71 & 72
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 FNGtNEER 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 1/II Date:
SURVEYOR REPORT
I have reviewed the plat and find that:
�[ All requirements for final plat approval have been satisfied.
_ Surveyor
MANAGER AJ!ERO'i►yAL
All Civil Engineering requirements for filing this final plat have been satisfied.
Date: 6/17/20
Design Review Engineer/Civil Engineering Manager
Effective: June 16, 2020
Date: 4�._.r 4r C- [
Joe White
From: Floriani, Vince <VFloriani@littlerock.gov>
Sent: Wednesday, June 17, 2020 9:04 AM
To: Daniel Havner; Tamara Guffey; Moore, Monte
Subject: RE: Final Plat Approval -Valley Falls
Attachments: Valley Falls 65_66_67_71_72PLAT SIGN OFF_C10518250.pdf
Monte,
Public Works is good with approval of the final plat.
Vince Floriani, P.E.
Design Review Engineer
Little Rock Public Works -Civil Engineering
723 W. Markham St.
Little Rock, AR 72201
501-371-4817
vfloriani@littlerock.gov
From: Daniel Havner <dhavner@whitedaters.com>
Sent: Wednesday, June 17, 2020 8:30 AM
To: Tamara Gulley <tguffey@whitedaters.com>; Floriani, Vince <VFloriani@littlerock.gov>
Subject: RE: Final Plat Approval -Valley Falls
From: Tamara Gulley <tguffey@whitedaters.com>
Sent: Tuesday, June 16, 2020 6:25 PM
To: Floriani, Vince <VFloriani littleroc_ _ k.gov>
Cc: Daniel Havner <dhavner@whitedaters.com>
Subject: Re: Final Plat Approval -Valley Falls
Thank you!
Tamara Gulley
On Jun 16, 2020, at 4:37 PM, Floriani, Vince <VFioriani@littlerock.gav> wrote:
Tamara,
Please see Vance's comment below. That easement may need to be labeled on the north lot. There are
no additional comments on the plat.
Vince Floriani, P.E.
Design Review Engineer
Little Rock Public Works -Civil Engineering
723 W. Markham St.
Little Rock, AR 72201
501-371-4817
Joe White
From:
Sent:
To:
Subject:
AT&T approves.
Josepk Manion
AT&T OSP ENGR.
501-416-5541
MANION, JOSEPH E <jm4138@att.com>
Wednesday, June 17, 2020 2:50 PM
Tamara Guffey
RE: Final Plat Approval -Valley Falls
From: Tamara Guffey <tguffey@ white date rs.co m >
Sent: Wednesday, June 17, 2020 9:45 AM
To: MANION, JOSEPH E <jm4138@att.com>; KEATHLEY, CHRIS <ck0826@att.com>
Subject: FW: Final Plat Approval -Valley Falls
Good Morning Joseph
We have all approvals with the exception of AT&T and ready to record.
Have you had a chance to review or is someone else working on this?
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 Gulley
Sent: Thursday, June 11, 2020 11:03 AM
To: Vincent Hotho <Steven.Hotho P Irwra.com>; Harold Hounwanou <Harold.Hounwanou _Irwra.com>; Jason Lowder
(Jason. Lowder@carkw.com) <Jason.Lawder carkw.com>; Bates, Joni B. <iooni.bates centerpnintenergy; com>;
Henderson, Jeremy <ihende9@enterl7vcom>; Joseph Manion (im4138 att.com) <'m� 4138@att.com>; Hill, Richard
<Richard Hill2@comcast.com>
Cc: Joe White <iwhite,@whitedaters.com>; Daniel Havner <dhavner@whitedaters.corn>; Floriani, Vince
<VFloriani@littlerock.gay>; vh_ arper@littlerock.ggv
Subject: Final Plat Approval -Valley Falls
Attached for approval is the final plat for Lots 65, 66, 67, 71 & 72 Valley Falls Estates, an addition to the City of Little
Rock. The owner would like to file and record this plat by Friday, June 191n
Joe White
From: Jason Lowder <Jason.Lowder@carkw.com>
Sent: Thursday, June 11, 2020 1:58 PM
To: Tamara Guffey
Subject: RE: [External] Final Plat Approval -Valley Falls
Central Arkansas Water approves with no comments.
Respectfully,
Jason Lowder, Engineering Technician
jason.lowder@carkw.com
501-377-1245
v
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Thursday, June 11, 2020 11:03 AM
To: Vincent Hotho <Steven.Hotho@Irwra.com>; Harold Hounwanou <Harold.Hounwanou@Irwra.com>; Jason Lowder
<Jason.Lowder@carkw.com>; Bates, Joni B. <joni.bates@centerpointenergy.com>; Henderson, Jeremy
<jhende9@entergy.com>; Joseph Manion (jm4138@att.com) <jm4138@att.com>; Hill, Richard
<Richard_Hi112@comcast.com>
Cc: Joe White <jwhite@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; Floriani, Vince
<VFloriani@littlerock.gov>; vharper@littlerock.gov
Subject: [External] Final Plat Approval -Valley Falls
Attached for approval is the final plat for Lots 65, 66, 67, 71 & 72 Valley Falls Estates, an addition to the City of Little
Rock. The owner would like to file and record this plat by Friday, June 19`n
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 Joe White at jwhite@wiiitedaters.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
Joe White
From: Gober, Adam P <adam.gober@centerpointenergy.com>
Sent: Friday, June 12, 2020 11:01 AM
To: Tamara Guffey
Cc: Carpenter, Adam B; Pauls, Alexis C; Bates, Joni B.
Subject: FW: [External Email] Final Plat Approval -Valley Falls
Attachments: LegalDescription.docx; 65_66_67_71_72PLAT.pdf
Tamara,
We have reviewed these plats found that CenterPoint Energy does not have any conflicts with these changes. Please let
this serve as our letter of approval.
Thank you,
Adam P. Gober
Centerpoilg. Engineer I AR/OK Region
Enema 501.377.4737 w. 1501.541.7509 c-
CenterPointEnergy.com
=F
From: Bates, Joni B. <joni.bates@centerpointenergy.com>
Sent: Thursday, June 11, 2020 12:46 PM
To: Gober, Adam P <adam.gober@centerpointenergy.com>
Subject: FW: [External Email] Final Plat Approval -Valley Falls
Adam:
Please have someone review.
Thanks, Joni
From: Tamara Guffey <tg_uffe whitedaters.com>
Sent: Thursday, June 11, 2020 11:03 AM
To: Vincent Hotho <5teven.Hotho@lrwra.com_>; Harold Hounwanou <Harold.Hounwanoualrwra.com>; Jason Lowder
(Jason.Lowcfer carkw,com) <Jason.Lawder carkw.com>; Bates, Joni B. <ioni.bat_ecenter oin#ever com>;
Henderson, Jeremy <'hende90entergy cam>; Joseph Manion (1m4138@att.com) <im4138@att.com>; Hill, Richard
<Richard Hil12@comcast.com>
Cc: Joe White <hwhite@whitedaters.com>; Daniel Havner <dhavner@whitedaters.co[n>; Floriani, Vince
<VFlariani@littleraek.goy>; vharper�li#tlerocic.gay
Subject: [External Email] Final Plat Approval -Valley Falls
Joe White
From: Henderson, Jeremy <jhende9@entergy.com>
Sent: Thursday, June 11, 2020 11:09 AM
To: Tamara Guffey
Subject: RE: Final Plat Approval -Valley Falls
Entergy has no objections.
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Thursday, June 11, 2020 11:03 AM
To: Vincent Hotho <Steven.Hotho@Irwra.com>; Harold Hounwanou <Harold.Hounwanou@Irwra.com>; Jason Lowder
(Jason.Lowder@carkw.com) <Jason.Lowder@carkw.com>; Bates, Joni B. <joni.bates@centerpointenergy.com>;
Henderson, Jeremy <jhende9@entergy.com>; Joseph Manion (jm4138@att.com) <jm4138@att.com>; Hill, Richard
<Richard_Hi112@comcast.com>
Cc: Joe White <jwhite@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; Floriani, Vince
<VFloriani@littlerock.gov>; vharper@littlerock.gov
Subject: Final Plat Approval -Valley Falls
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 approval is the final plat for Lots 65, 66, 67, 71 & 72 Valley Falls Estates, an addition to the City of Little
Rock. The owner would like to file and record this plat by Friday, June 19tn
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 dhavnerC@whitedaters.com or Joe White at jwhite@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.
Joe White
From: Vincent Hotho <Steven.Hotho@lrwra.com>
Sent: Thursday, June 11, 2020 2:59 PM
To: Tamara Guffey; Harold Hounwanou; Jason Lowder (Jason. Lowder@ ca rkw.com); Bates,
Joni B.; Henderson, Jeremy; Joseph Manion 6m4138@att.com); Hill, Richard
Cc: Joe White; Daniel Havner; Floriani, Vince; vharper@littlerock.gov
Subject: RE: Final Plat Approval -Valley Falls
LRWRA has no objection.
During this COVID-19 health crisis, LRWRA is continuing to provide customer service
while implementing safety precautions to protect residents and employees There may
be a slight delay in email correspondence, but we will respond as soon as possible
S. Vincent Hotho, P.E.
Engineering Manager
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501)688-1452
www.Irwra.com
LITTLE ROCK
Water Reclamation
Authod fty ONE WATER.
FUTURE
ONE FUTURE
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: Thursday, June 11, 2020 11:03 AM
To: Vincent Hotho <Steven.Hotho@lrwra.com>; Harold Hounwanou <Harold.Hounwanou@lrwra.com>; Jason Lowder
(Jason.Lowder@carkw.com) <Jason.Lowder@carkw.com>; Bates, Joni B. <joni.bates@centerpointenergy.com>;
Henderson, Jeremy <jhende9@entergy.com>; Joseph Manion (jm4138@att.com) <jm4138@att.com>; Hill, Richard
<Richard_Hi112@comcast.com>
Cc: Joe White <jwhite@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; Floriani, Vince
<VFloriani@littlerock.gov>; vharper@littlerock.gov
Subject: Final Plat Approval -Valley Falls
Attached for approval is the final plat for Lots 65, 66, 67, 71 & 72 Valley Falls Estates, an addition to the City of Little
Rock. The owner would like to file and record this plat by Friday, June 19tn
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 Joe White at jwhite@whitedaters.com or 821-1667.
Thank you
Joe White
From: MANION, JOSEPH E <jm4138@att.com>
Sent: Wednesday, June 17, 2020 2:50 PM
To: Tamara Guffey
Subject: RE: Final Plat Approval -Valley Falls
AT&T approves.
Joseph Manion
AT&T 05P ENGR.
501-416-5541
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Wednesday, June 17, 2020 9:45 AM
To: MANION, JOSEPH E <jm4138@att.com>; KEATHLEY, CHRIS <ck0826@att.com>
Subject: FW: Final Plat Approval -Valley Falls
Good Morning Joseph
We have all approvals with the exception of AT&T and ready to record.
Have you had a chance to review or is someone else working on this?
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: Thursday, June 11, 2020 11:03 AM
To: Vincent Hotho <Steven.Hoth❑ lrwra.com>; Harold Hounwanou <Harold.Hounwanou Irwra.com>; Jason Lowder
(Jason.Lowdef@carkw.com) <Jason.Lowder carkw.com>; Bates, Joni B. <igni,-bates centeMoinEenergy.Mm>;
Henderson, Jeremy <jhende9@entergy.com>; Joseph Manion (im4138@att.com) <im4138@att.com>; Hill, Richard
<Richard Hill2@comcast.com>
Cc: Joe White <i`white@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; Floriani, Vince
<VFloriani@lit#lerock.gny>; vharper@littlerock�o_v
Subject: Final Plat Approval -Valley Falls
Attached for approval is the final plat for Lots 65, 66, 67, 71 & 72 Valley Falls Estates, an addition to the City of Little
Rock. The owner would like to file and record this plat by Friday, June 19tn
Joe White
From: Jason Lowder <Jason.Lowder@carkw.com>
Sent: Thursday, June 11, 2020 1:58 PM
To: Tamara Guffey
Subject: RE: [External] Final Plat Approval -Valley Falls
Central Arkansas Water approves with no comments -
Respectfully,
Jason Lowder, Engineering Technician
jason.lowder@carkw.com
501-377-1245
--
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Thursday, June 11, 2020 11:03 AM
To: Vincent Hotho <Steven.Hotho@lrwra.com>; Harold Hounwanou <Harold.Hounwanou@lrwra.com>; Jason Lowder
<Jason.Lowder@carkw.com>; Bates, Joni B. <joni.bates@centerpointenergy.com>; Henderson, Jeremy
<jhende9@entergy.com>; Joseph Manion (jm4138@att.com) <jm4138@att.com>; Hill, Richard
<Richard_Hi112@comcast.com>
Cc: Joe White <jwhite@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; Floriani, Vince
<VFloriani@littlerock.gov>; vharper@littlerock.gov
Subject: [External] Final Plat Approval -Valley Falls
Attached for approval is the final plat for Lots 65, 66, 67, 71 & 72 Valley Falls Estates, an addition to the City of Little
Rock. The owner would like to file and record this plat by Friday, June 19tn
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 Joe White at iwhite@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
Joe White
From: Gober, Adam P <adam.gober@centerpointenergy.com>
Sent: Friday, June 12, 2020 11:01 AM
To: Tamara Guffey
Cc: Carpenter, Adam B; Pauls, Alexis Q Bates, Joni B.
Subject: FW: [External Email] Final Plat Approval -Valley Falls
Attachments: LegalDescription.docx; 65_66_67_71_72PLAT.pdf
Tamara,
We have reviewed these plats found that CenterPoint Energy does not have any conflicts with these changes. Please let
this serve as our letter of approval.
Thank you,
Adam P. Gober
Centerpoint Engineer I AR/OK Region
Energy501.377.4737 w. 1501.541.7509 c.
CenterPointEnergy.com
From: Bates, Joni B. <joni.bates@centerpointenergy.com>
Sent: Thursday, June 11, 2020 12:46 PM
To: Gober, Adam P <adam.gober@centerpointenergy.com>
Subject: FW: [External Email] Final Plat Approval -Valley Falls
Adam:
Please have someone review.
Thanks, Joni
From: Tamara Guffey <tguffey @whitedaters.com>
Sent: Thursday, June 11, 2020 11:03 AM
To: Vincent Hotho <Steven.Hotho @ Irwra.com>; Harold Hounwanou <Harol.d.Hounwanou@lrwra.com>; Jason Lowder
(Jason.Lowder,@ arkw.tom) <Jason.Lowder@carkw.com>; Bates, Joni B. <ioni.bates@center aintenergy.eoT>;
Henderson, Jeremy <jhende9@entergx.com>; Joseph Manion (im4138@att.com) <Lm4138@att.cam>; Hill, Richard
<Richard H^ ill?@comcast.tom>
Cc: Joe White <'wi hite@whited_aters.com>; Daniel Havner <dhavner whitedi ger�.com>; Floriani, Vince
<VFloriani@littlerock.gov>; vharper. littlerock,go►►
Subject: [External Email] Final Plat Approval -Valley Falls
Joe White
From: Henderson, Jeremy <jhende9@entergy.com>
Sent: Thursday, June 11, 2020 11:09 AM
To: Tamara Guffey
Subject: RE: Final Plat Approval -Valley Falls
Entergy has no objections.
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Thursday, June 11, 2020 11:03 AM
To: Vincent Hotho <Steven.Hotho@Irwra.com>; Harold Hounwanou <Harold.Hounwanou@lrwra.com>; Jason Lowder
(Jason. Lowder@carkw.com) <Jason.Lowder@carkw.com>; Bates, Joni B. <joni.bates@centerpointenergy.com>;
Henderson, Jeremy <jhende9@entergy.com>; Joseph Manion (jm4138@att.com) <jm4138@att.com>; Hill, Richard
<Richard_Hi112@comcast.com>
Cc: Joe White <jwhite@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; Floriani, Vince
<VFloriani@littlerock.gov>; vharper@littlerock.gov
Subject: Final Plat Approval -Valley Falls
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 approval is the final plat for Lots 65, 66, 67, 71 & 72 Valley Falls Estates, an addition to the City of Little
Rock. The owner would like to file and record this plat by Friday, June 19tn
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 dhavn_e_r_agw_h_itedaters.com or Joe White at'white@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.
Joe White
From: Vincent Hotho <Steven.Hotho@lrwra.com>
Sent: Thursday, June 11, 2020 2:59 PM
To: Tamara Guffey; Harold Hounwanou; Jason Lowder (Jason.Lowder@carkw.com); Bates,
Joni B.; Henderson, Jeremy; Joseph Manion (jm4138@att.com); Hill, Richard
Cc: Joe White; Daniel Havner; Floriani, Vince; vharper@Iittlerock.gov
Subject: RE: Final Plat Approval -Valley Falls
LRWRA has no objection.
During this COVID-19 health crisis, LRWRA is continuing to provide customer service
while implementing safety precautions to protect residents and employees There may
be a slight delay in email correspondence; but we will respond as soon as possible
S. Vincent Hotho, P.E.
Engineering Manager
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501)688-1452
www.Irwra.com
LITTLE FOLK
Water Reclamation
Authority ONE YlATER_
bN� PVTURE
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: Thursday, June 11, 2020 11:03 AM
To: Vincent Hotho <Steven.Hotho @lrwra.com>; Harold Hounwanou <Harold.Hounwanou@Irwra.com>; Jason Lowder
(Jason.Lowder@carkw.com) <Jason.Lowder@carkw.com>; Bates, Joni B. <joni.bates@centerpointenergy.com>;
Henderson, Jeremy <jhende9@entergy.com>; Joseph Manion (jm4138@att.com) <jm4138@att.com>; Hill, Richard
<Richard_Hil12@comcast.com>
Cc: Joe White <jwhite@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; Floriani, Vince
<VFloriani@littlerock.gov>; vharper@littlerock.gov
Subject: Final Plat Approval -Valley Falls
Attached for approval is the final plat for Lots 65, 66, 67, 71 & 72 Valley Falls Estates, an addition to the City of Little
Rock. The owner would like to file and record this plat by Friday, June 19tn
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 dhavnerCcDwhitedaters.com or Joe White at 'white whitedaters.com or 821-1667.
Thank you
Joe White
From: Floriani, Vince <VFloriani@littlerock.gov>
Sent: Wednesday, June 17, 2020 9:04 AM
To: Daniel Havner; Tamara Guffey; Moore, Monte
Subject: RE: Final Plat Approval -Valley Falls
Attachments: Valley Falls 65_66_67_71_72PLAT SIGN OFF_C10S18250.pdf
Monte,
Public Works is good with approval of the final plat.
Vince Floriani, P.E.
Design Review Engineer
Little Rock Public Works -Civil Engineering
723 W. Markham St.
Little Rock, AR 72201
501-371-4817
vfloriani@littlerock.gov
From: Daniel Havner <dhavner@whitedaters.com>
Sent: Wednesday, June 17, 2020 8:30 AM
To: Tamara Gulley <tguffey@whitedaters.com>; Floriani, Vince <VFloriani@littlerock.gov>
Subject: RE: Final Plat Approval -Valley Falls
From: Tamara Guffey q&u ey@whitedaters.com>
Sent: Tuesday, June 16, 2020 6:25 PM
To: Floriani, Vince <VFioriani@littlerock.goy>
Cc: Daniel Havner <dhavner@whitedaters.com>
Subject: Re: Final Plat Approval -Valley Falls R
Thank you!
Tamara Guffey
On Jun 16, 2020, at 4:37 PM, Floriani, Vince <VFloriani@littlerock.goy> wrote:
Tamara,
Please see Vance's comment below. That easement may need to be labeled on the north lot. There are
no additional comments on the plat.
Vince Floriani, P.E.
Design Review Engineer
Little Rock Public Works -Civil Engineering
723 W. Markham St.
Little Rock, AR 72201
501-371-4817
2020047742
PRESENTED: 07-28-2020 03 54 14 PM
RECORDED: 07-29-2020 10:26:17 AM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $90.00
Prepared by:
Newland & Associates, PLLC
2228 Cottondale Lane
Suite 220
Little Rock, AR 72202
DECLARATION OF RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
KNOW ALL PERSONS BY THESE PRESENTS:
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, the 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 Daniel Havner, a Professional Land Surveyor, License Number 1542, and Joe D. White, Jr., a
Professional Engineer, License Number 7094, 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 Document Number's Z004774 and the Allottor does
hereby make this Declaration of Restrictive Covenants and Bill of Assurance applicable to the
above -described Property,
IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off,
platted and subdivided, and does hereby lay off, plat and subdivide the land herein described in
accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as:
Lots 65, 66, 67, 71 and 72, Valley Falls Estates, an Addition to the City of Little
Rock, Pulaski County, Arkansas, as shown on the Plat;
and any and every deed of conveyance of any lot 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.
Page 1 of 16
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 AlIottor 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 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 until the building plans, specifications, exterior color schemes, general plan of landscaping
and plot plan showing the location and facing of such dwelling, building, structure or other
improvement with respect to existing topography, adjoining streets, and finished ground
elevations have been approved in writing by the Committee. Prior to commencement of any
Proposed Construction of a dwelling, 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 ("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;
Page 4 of 16
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 such an 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:
(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
Page 2 of 16
(v) to grant such other and further non-exclusive reciprocal easements, both
appurtenant to other lands not subdivided by this Plat and in gross, in the Allottor's
sole discretion without regard to any increase in burden or traffic;
but Allottor hereby grants a non-exclusive reciprocal easement for vehicular and pedestrian traffic
on, over and across all private streets and roads shown on the Plat and that certain Plat recorded as
Instrument Number 2()2(10977q 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 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, 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 utilities 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 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 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: one (1) detached single family residence (the, "dwelling")
which shall not exceed two and one-half stories in height when seen from the front or principal
street facades, a private fully enclosed garage for the storage of motor vehicles owned or used
by the residents (storage of commercial motor vehicles being expressly prohibited), such garage
to be of such sufficient size to adequately accommodate no less than two (2) motor vehicles no
Page 3 of 16
(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" as used herein shall include,
but shall not be limited to, any of the following new construction of a dwelling, building,
structure or other improvement; remodeling, adding to, or modifying an existing dwelling,
building, structure or other improvement; installation of a fence or wall; construction or
remodeling of outbuildings or other accessory structures; construction or installation of storm
cellars, swimming pools and coverings therefor and tennis courts; installation of an antenna
whether on a structure or on a Lot; construction of ponds or lakes; installation of any sign; and
construction of driveways.
The Committee shall use its best judgment to see that all improvements, construction,
landscaping, and alterations on 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 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
Page 5 of 16
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, re -erected, 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 coheres, 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 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 than a distance equal to ten (10%) 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, 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 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 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 (7,000)
square feet.
ARTICLE VI
EASEMENTS
Easements in gross on, over, under and across the streets and roads shown on the Plat
Fled 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
Page 6 of 16
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 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 V II
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 service as located
by the utility company and the point of use of such Owner. The Owner of any Lot platted
hereby shall dig and backfill in conformity with applicable code requirements and other regulations
a Glitch for utility services. No individual water supply system or individual sewerage disposal
system shall be permitted to be constructed or operated on any of the Lots platted hereby. No
television dish, antennae or similar equipment shall be installed on any of the Lots 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
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Allottor shall have the right to perform such cleanup work as is necessary and Owner shall
reimburse Allottor for the cost thereof. PROVIDED, HOWEVER, the sale of Lots or dwellings
and the construction of dwellings, buildings, structures and other improvements in the Addition
shall not be prohibited by this Article and the same are hereby declared permitted commercial
activities.
ARTICLE IX
TEMPORARY STRUCTURES
No mobile home, trailer, basement, tent, shack, garage, barn or outbuilding erected on
a Lot covered by these covenants shall at any time be used for human habitation.
ARTICLE X
SIGNS
No sign of any kind shall be displayed to the public view on any Lot, except one sign of
not more than five square feet advertising the property for sate or rent, or signs used by a builder
or Allottor to advertise the property during the construction and sales period and in no event
shall any such signage be affixed, permanently or temporarily, to any trees.
ARTICLE XI
LIVESTOCK AND POULTRY
No animals, livestock, or poultry of any kind shall be raised or kept on any lot, except
that dogs, cats or other household pets may be kept, provided that they are not kept or
maintained for any commercial purpose.
ARTICLE XII
VISUAL OBSTRUCTIONS
No fence, wall, hedge, or shrub planting or other obstacle which obstructs sight lines
at elevations of more than 2 feet 6 inches above the roadways shall be placed or permitted to
remain on any corner lot within the triangular area formed by the street lines and a line connecting
them at a point 50 feet from the intersection of the street lines; or in the case of a rounded property
corner, within the triangle formed by tangents to the curve 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
Page 8 of 16
the street or corner lots except upon the written approval of the Allottor. To insure compliance
with the provisions of Article VI hereof as it relates to the erection of fences along utility
easements, no fence, wall, or other structure shall be erected along property lines without approval
of the design, construction, and materials by the Committee. Further there shall be no barbed or
other similar wire fences erected or placed on any Lot nor shall any chain link fence of any type
or kind be erected or placed on any Lot which can be seen from the street.
ARTICLE XIV
STREET ACCESS AND DRIVEWAYS
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,
Page 9 of 16
when, and as often as, in its judgment is necessary, or cause appropriate landscaping to be
installed. Upon the failure of the Owner to maintain the exterior of any dwelling, building or
structure in good repair and appearance, the Committee or the Association may, upon 6 months
written notice to the property Owner, make repairs and improve the appearance of the dwelling,
building or structure in a reasonable and workmanlike manner. For purposes of performing
such maintenance as may be required hereunder, the agents or employees of the Committee
and/or the Association shall have the right, after reasonable notice to the Owner, to enter upon
any Lot at reasonable hours on any business day. Notwithstanding any contrary provision
hereof, the Committee or the Association may enforce the requirements of this Subparagraph by
litigation at law, or in equity, and the costs of such litigation including any attorney's fees 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
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
Page 10 of 16
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:
(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 of an Owner 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; and
(iv) The right of the Allottor to use of any of any Common to promote sales
of unsold Lots within the Addition, such use to be without cost to Allottor.
(c) Covenant for Maintenance Assessments. Except for property otherwise exempt
from assessment as herein provided, each Owner of any Lot by acceptance of a deed therefore,
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 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 levied by the Association from 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 any other costs and expenses related to, and, in the discretion of the Board of Directors
consistent with the purposes of the Association. The initial annual assessment which may be
collected monthly shall be fixed by the Board of Directors of the Association to commence at such
time or times as shall be determined by Board of Directors. Further, notwithstanding anything
to the contrary herein contained, the Board of Directors of the Association shall be empowered to
levy, in any assessment year, a special assessment applicable to that year only for the purpose of
Page 11 of 16
deferring and paying, in whole 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 declared to
be due and payable 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 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, Tract or property
owned by the Allottor, the streets and roads, any Common Areas and any Tract, and any
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 law 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 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.
Page 12 of 16
ARTICLE XIX
ADDITIONAL PROPERTY
(a) If Allottor owns or acquires additional lands, which the Allottor desires in its sole
discretion to develop in a fashion generally consistent with the development of the hereinbefore
described lands, hereinafter referred to as the "Additional Lands"; then the Allottor, in its sole
discretion, shall have to right, but not the obligation, to annex said Additional Lands to this
Addition and cause the same to be governed by covenants similar to the covenants herein
set forth and may have common areas and private streets similar to those common areas and
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 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 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
Page 13 of 16
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% 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 frill force and effect until January 1, 2030.
ARTICLE XXII
ASSIGNMENT AND BINDING EFFECT
Allottor expressly reserves the right to assign in writing the Allottor's rights and
obligations hereunder to another person, natural or artificial; provided, however, such other
person shall only succeed to the rights and obligations of the Allottor upon recordation of such
an assignment executed by the Allottor which expressly and specifically assigns the Allottor's
rights and obligations hereunder and a conveyance of the land platted hereby will not be deemed
such an assignment to the purchaser thereof.
ARTICLE XXIII
EXTENSION
All covenants for which extension is not otherwise provided in this instrument shall
automatically be extended for successive periods of ten (10) years each, unless modified,
terminated or canceled as provided herein.
ARTICLE XXIV
SEPARABILITY
Invalidation of any restriction set forth herein, or any part thereof by an Order, Judgment
or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions,
or any part thereof as set forth herein, but they shall remain in full force and effect.
Page 14 of 16
EXECUTED this day of _ 2020.
VFE Phase V, LLC,
an Arkansas limited liability company
BY:
rock Ferguson, Mem er
ACKNOWLEDGMENT
STATE OF ARKANSAS )
§§
COUNTY OF PULASKI )
On this d'-/ day of (ti n e- . 2020, before me a Notary Public, duly commissioned,
qualified and acting, within and for said County and State, appeared in person the named Brock
Ferguson, to me personally well known, who state that he was the Member 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 seal on this 0? -
day of _ /yu";' P,- , 2020.
My Commission Expires:
oa-o3-mod
TAMARA M. GUFFEY'
i� Arkansas - Saline County
Notary Public - Comm# 12396983
My Commission Expires Feb 3, 2024
Page 15 of 16
'=A�-
Notary Public
PoAffmd only for kx;kdm of ffikft gn stari',tatds
requited by tia City of Lit9e Rock ssbti :siren regulations.
f3r31 of Assmn: b*fIN
Uttle Rock sulWivisio„ and :.Lining c?dinanoes.
12,4 ho ZZk� -
uwa Rock Coavnission
EXHIBIT A
LEGAL DESCRIPTION
PART OF THE SWI/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 SOUTHWEST CORNER OF LOT 68, VALLEY FALLS ESTATES, AN
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S88°28'38"E ALONG
THE SOUTH LINE OF SAID LOT 68, A DISTANCE OF 247.50 FEET TO A POINT ON THE
WEST LINE OF A 45 FT. WIDE PRIVATE ROADWAY EASEMENT RECORDED AS
SPRING VALLEY LANE; THENCE S01")1'22"W, A DISTANCE OF 375.00 FEET; THENCE
N88°28'38"W, A DISTANCE OF 247.50 FEET; THENCE N01 °31'22"E, A DISTANCE OF
375.00 FEET TO THE POINT OF BEGINNING.
AND
PART OF THE SWI/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 70, VALLEY FALLS ESTATES, AN
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S89°01'09"E, A
DISTANCE OF 279.84 FEET; THENCE S01 °33' 14" W, A DISTANCE OF 252.55 FEET;
THENCE N88028'38"W, A DISTANCE OF 257.13 FEET TO A POINT ON THE EAST LINE
OF A 45 FT. WIDE PRIVATE ROADWAY EASEMENT RECORDED AS SPRING VALLEY
LANE; THENCE NO1°31'22"E, ALONG SAID EAST LINE OF ROADWAY EASEMENT, A
DISTANCE OF 77.25 FEET; THENCE CONTINUE ALONG SAID EAST LINE OF
ROADWAY EASEMENT FOLLOWING THE ARC OF A 50.00 FOOT RADIUS CURVE TO
THE LEFT, HAVING A CHORD BEARING AND DISTANCE OF N11°50'57"W, 97.29 FEET;
THENCE NO1031'22"E, A DISTANCE OF 78.01 FEET TO THE POINT OF BEGINNING.
Page 16 of 16
City of Little Rock
Planning and Development
Ring Fees
Date 201:LO
Annexation
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 ea
Public Hearing Signs
Number at ea
Total
M.�&njm
JUN 2 4 2d2a
CITY OF I-WrLe ROCI(
BUILDING COOB
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File No S _ 12—�D — X
Location ' ( 4-
Applicant S
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