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HomeMy WebLinkAboutS-1413-B ApplicationCity of Little Rock Planning and Development Filing Fees Date J-r"- ,2-4 , 20-h� Annexation $ Board of Adjustment $ Cond. Use Permit/T U P $ Final Plat Planned Unit Dev Preliminaiy Plaf $ F Special Use Per n't Rezoning $ Site Plans Street Name Change $ Street Name Signs Number at ea $ Public Hearing Signs Number at ea $ Total File No 2012084291 Received: 12/21/2012 3:15:40 PM Recorded: 12/21/2012 03:22:58 PM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $135.00 This Instrument Prepared by: Price C. Gardner FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201 DECLARATION OF RESTRICTIONS AND COVENANTS <<. x► CO THE VILLAGE AT BRODIE CREEK ADDITION �f711L1L111j11 THIS DECLARATION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of the Zvi'' day of December, 2012, by Colonel Glenn Bowman Road Development I, LLC, an Arkansas limited liability company ("CGBRDI" or CGBRDI may hereinafter be referred to as the "Grantor"), Crain Investments, LP, a Tennessee limited partnership ("Crain") and LLEJ I, LLC, an Arkansas limited liability company ("LLER"). RECITALS WHEREAS, the Grantor, has caused the lands described on Exhibit A-1 attached hereto (the "Property") to be surveyed by White-Daters & Associates, Inc., and a proposed plat made thereof, identified by the title "The Village at Brodie Creek Addition, Little Rock, Arkansas." The proposed plat bears the signatures and seals of Timothy C. Daters, Registered Professional Engineer, and Paul N. White, Registered Professional Land Surveyor (the "Plat"), a copy of which is attached hereto as Exhibit A-2 and made a part hereof, WHEREAS, the Grantor is the Fee Owner of Lots 2 through 12; Crain is the owner of Lot 13 as shown on the Plat and LLEJI is the owner of Lots 1, 14 and 15 as shown on the Plat (each a "Lot" or collectively, the "Lots"); WHEREAS, the Grantor, Crain and LLEJI desire to file this Declaration to protect their respective interests and the interests of others which may in the future become fee owners of a Lot. Grantor and those future fee owners (a "Fee Owner" or "Owner") may be hereinafter collectively referred to as "Parties" or singularly as a "Party"; and WHEREAS, the Grantor, Crain and LLEJI hereby establish, to the fullest extent permitted by law, certain covenants, restrictions and charges (collectively, the 'Restrictions") as are hereinafter set I 2030209.2 forth, subject to which all of the Lots and every portion thereof, shall be improved, held, exchanged, leased, sold and/or conveyed. Each of the Restrictions is imposed upon each Lot in the Property as a mutual equitable servitude in favor of the other Lots and every part thereof. Each of the Restrictions shall create reciprocal rights and obligations among each of the owners; they shall further create a private contract and estate between current and future owners of the Lots and their heirs, successors, and assigns; and they shall be and operate as covenants running with the land for the benefit of the Property in each and every part and portion thereof. NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth herein, the Grantor agrees as follows: NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth herein, the Grantor agrees as follows: 1. Design and Construction of Buildir�s. (a) Exterior Construction and A earance. Grantor, for so long as Grantor owns any interest in any Lot, and thereafter the Architectural Committee, must approve all initial construction commenced from and after the date of this Declaration, including architectural theme, design, color, access and parking, said approval not to be unreasonably withheld. All exterior construction must be brick, EFIS, glass, Alucobond (or similar materials), architectural metal panels, stucco or another approved masonry facade, excluding concrete block, and using colors approved by the Grantor or the Architectural Committee, as the case may be, said approval not to be unreasonably withheld. Use of architectural metal panels shall be limited to not more than fifty percent (50%) of the total square footage of the vertical exterior of the building and shall be located in areas of the building which have the least public exposure to Colonel Glenn Plaza Drive. All uses that conform with existing zoning are permitted unless prohibited under Section 4 of this Declaration. The foregoing notwithstanding, with respect to any initial use that is for a new automobile or truck dealership with a nationally recognized manufacturer, buildings and site layout plans, meeting the then current design standards for appearance and materials used in the manufacturer's dealer standards for new car dealerships shall be deemed approved; provided, however, in the event such manufacturer has more than one set of standards, the standards most closely meeting the standards set forth in the preceding paragraph and the materials used and appearance of other new automobile or truck dealerships in the I-430 and Colonel Glenn Interchange shall be deemed applicable for purposes of the approvals set forth in this Declaration. 2 2030209.2 Any rooftop equipment shall be appropriately screened. All exterior dumpster or trash disposal locations shall be completely encased with a fence or other solid wall constructed of materials used in the construction of the Fee Owner's building and similar in style and appearance and gated such that such dumpsters or trash containers are not visible from the other property adjacent to the Lot. No wood fencing shall be allowed on any Lot. No free standing satellite dishes or antennas not attached to the building on any Lot shall be permitted. All above ground irrigation equipment, including RPZ Valves, shall be covered and enclosed from view. If following initial construction of buildings on any Lot, the existing exterior of any then existing building is substantially remodeled or there is a rebuilding following a casualty, then unless the remodeling or reconstruction is substantially similar to the prior existing exteriors, the architectural theme, design, color, materials, such remodeling or rebuilding shall be subject to the approvals required under this Section. Once initiated, all building construction must be diligently prosecuted to completion. Any rooftop equipment shall be appropriately screened. Following completion of construction of building and improvements on the Building Area(s), the Owner thereof shall maintain all buildings and other improvements in good condition and state of repair, ordinary wear and tear and the effects of time, excepted. The Architectural Committee shall be elected by the Board of Managers of the Owners' Association and shall consist of not less than three (3) representatives. (b) Height Restrictions on Lots 14 and 15. In addition to Restrictions on design and appearance set forth in Section l(a) above, buildings and other improvements on Lots 14 and 15 shall be subject to the following additional restrictions: (i) buildings or other improvements shall be limited to a single level structure (excluding any mezzanine level used primarily for display or storage —waiver request); (ii) buildings or other improvements shall be no taller than 36 feet above its lowest finished floor grade; and (iii) notwithstanding (ii) above, buildings or other improvements shall be no taller than an elevation which is equal to no more the lowest finished paving grade on Lot 13 lying adjacent to and immediately north of Lot 14 behind the retaining wall (but in no event less than four feet (T) above the height of the retaining wall on the northern boundary of Lot 14 at its highest point). (c) Obligation to Rebuild. In the event the improvements on the Lot are destroyed or damaged by fire or other casualty, the Owner of such the Lot shall proceed with due diligence to repair and rebuild such improvements in a timely manner. In the event such Owner elects not to rebuild on the Lot within forty-five (45) days of such damage, then such the Lot shall be cleared of all debris, including 3 2030209.2 L the former foundation of any building constructed thereon, and all non -paved areas shall be covered with sod or other landscaping materials consistent with the appearance of any other unimproved lots located within the Property, if any. 2. Use. (a) Restrictions on Use. The types of commercial uses permitted on the Lots shall be of a general office, retail and/or commercial nature found in office, retail and commercial developments in Little Rock, Arkansas, consistent with the zoning covering the Lot and not otherwise prohibited herein below; provided, nothing contained herein shall be construed to require any Owner to open or operate any form of business on a Lot for any period of time or at all, but it may operate any form of business not prohibited herein or by law or otherwise. The following uses shall also be specifically prohibited on the Property regardless of zoning (each a "Restricted Use"): (i) Any, massage parlor, discotheque, dance hall, teen club, night club, bar or tavern, provided (A) a bar or tavern located within a restaurant shall not constitute a Prohibited Use and (B) therapeutic massages offered by a licensed massage therapist as part of a salon, physical therapy clinic, medical office, healthcare facility, wellness center, athletic facility, gym, sports training operation, injury rehabilitation facility or similar business shall not be a Restricted Use. (ii) A flea market, head shop, or tattoo or body piercing parlor or establishment; (iii) An adult book store, adult movie theater, establishment offering entertainment involving live nudity (full or partial), and other business engaged in selling or providing adult products or adult services, including, but not limited to, any business engaged in the sale or display of sex toys or X rated films, videos, DVDs, CDs, magazines or similar products; (iv) Any refining, smelting or agricultural use; (v) Any mobile home or trailer court, junk yard, stock yard, or animal raising except the temporary use of construction trailers during the period of construction, reconstruction or maintenance shall be permitted on the Property; (vi) Any mining or drilling for subsurface oil, gas or other minerals; provided geological, geotechnical, environmental and other due diligence reviews or testing shall not be a Restricted Use; (vii) Any dumping, disposing, incinerating or reduction of garbage or refuse; provided the use of garbage compactors or dumpsters located behind the rear of a building shall not be a Restricted Use as long as properly screened or fenced from view; 2030209.2 2 (viii) Any outdoor circuses; (ix) Any commercial laundry plant; (x) Any "second hand" store, Army, Navy or government "surplus" store, other than Goodwill or similar higher -end retail operation; (xi) Any car wash or detail shop not associated with the operation of a new or used automobile or truck dealership; (xii) An automobile, truck, or motor vehicle body shop, salvage yard, tow truck business, or business storing impounded, wrecked or damaged automobiles on more than a temporary basis (more than forty-eight (48) hours); and (xiii) Any pawnshop or business whose primary activity is check cashing or paycheck loans. The restrictions imposed under this Section 2 shall be a servitude upon the Lots and shall be binding upon any person acquiring an interest in any part of the Lots, whether in fee, by lease or otherwise. The restrictions contained in this Section 2 may not be amended without written consent of the Grantor for so long as the Grantor (or an affiliate of Grantor) owns an interest in any Lot and thereafter a Majority in Interest of the Owners, as may be hereafter amended or modified. 3. Compliance with Governmental restrictions. The construction of any buildings or improvements on the Lots shall comply with and be subject to all building codes, zoning ordinances and restrictions imposed by the City of Little Rock, Arkansas Highway and Transportation Department and any other federal, state, county or local authority and any restrictions having jurisdiction over the Property. The Fee Owner shall not permit any of Fee Owner's or Fee Owner's tenant's employees, agents, licensees, customers, guests, invitees or other third parties to use Colonel Glenn Plaza Drive as proposed and shown on the Plat (or as such street is later renamed) for parking. 4. Landscaging. Each Owner will be responsible for the design, development and maintenance of the landscape on the Owner's Lot and continuous planting areas within the various rights of way and easement areas affecting said Owner's Lot. Contiguous lots owned by any Owner reserved for future expansion shall have the required landscape areas fronting on any city streets between the sidewalk area and the right of way of said streets fully developed at the times of the initial use of the Owner's improvements on a contiguous parcel, including sod and irrigation in all areas having frontage on Colonel Glenn Plaza Drive from the edge of the curb to the setback line and seeding of the remaining areas of such Lot at such times as required to maintain a green look year round. Mowing of any undeveloped parcels shall be required at least weekly during the growing season. Dead or extensively E 2030209.2 damaged trees, ground cover or shrubs shall be replaced within thirty (30) days after damage with substantially identical trees, ground cover, or shrubs, etc., subject to deferral of replacement based upon seasonal conditions. In addition to the foregoing restrictions, with respect to those Lots which front Colonel Glenn Plaza Drive, contemporaneously with the completion of initial construction of a building on such Lot, the Owner of such Lot shall install between the sidewalk and curb of such street (the "right of way area") solid zoysia sod (Meyer Z-52) or other equivalent approved by the Grantor together with an appropriate irrigation system to water the same. Such additional shrubbery or ground cover may be installed within this right of way area with Grantor's approval so long as Grantor owns a direct or indirect interest in the Property and thereafter the Owners' Association (described in Section 12 below), if any. The foregoing notwithstanding, the Grantor shall have the right to install all such sod and irrigation system within the right of way area and treat such irrigation cost (but not the initial installation cost) as a common maintenance expense described in Section 12(e) below. Each Owner shall be responsible for mowing and maintaining the right of way area on its Lot in a manner consistent with such Owner's overall maintenance and mowing of remaining landscaping on such Lot. Provided, however, in the event that such Owner fails to maintain such right of way area in accordance with the standards exhibited by the other owners of lots having frontage on Colonel Glenn Road or Colonel Glenn Plaza Drive, the Owners' Association, if any, shall have the right to assume the irrigation, maintenance and mowing responsibilities within said right of way area and shall directly charge the costs allocable thereto to the Owner of such Lot. 5. Utility and Service Easements. Grantor, Crain, and LLEJI grant and subject their respective Lots to and grant for the benefit of the Lots, perpetual, nonexclusive easements within the Utility Easement Areas as shown on the Plat for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation, and removal of underground lines or systems for utilities serving any or all of the other Lots, including but not limited to, sanitary sewers, storm drains, cable TV, water (fire and domestic), irrigation, gas, electrical, telephone and communication lines, together with the right of ingress and egress for installation, maintenance and repair thereof necessary for the orderly development and operation of the property and the Lot in accordance with the general requirements of the Plat. No easement shall be deemed granted under any Building Area shown on the Plat or under any Building actually constructed. All utilities installed in any easement area along Colonel Glenn Plaza Drive shall be underground. All construction, alteration, and repair work to any utility described in this Section 5 shall be accomplished in an expeditious manner, in compliance with all laws, rules, regulations, orders, permits, 6 2030209.2 approvals and licenses of governmental authorities having jurisdiction. Such construction of any utilities by Grantor or any Owner shall be subject to the construction standards required to cause acceptance thereof by the City of Little Rock or utility service, as the case may be. The Owner undertaking such work shall take all reasonably necessary measures to minimize any disruption or inconvenience caused by such work and, except in the case of an emergency, shall give the affected Owners and tenants written notice a minimum of seventy-two (72) hours prior to commencing such work. Such work shall be accomplished in such a manner as to minimize any damage or adverse effect which might be caused by such work to the Lot on which the work is being done. If such work requires excavation of any portion of any road, the Owner causing such work to be done shall use all reasonable efforts to cause such excavation to commence and be completed during hours when the business places in the Property are not open for business to the public and, in any event, shall provide suitable alternative ingress and egress immediately adjacent to said road if it is not practical to keep at least one lane of said road open during the work. Any excavation of any access roadway within the Property shall be properly backfilled within twenty-four (24) hours, if reasonably practical. The Owner undertaking such work shall repair at its own cost and expense any and all damage caused by such work and, upon completion of such work, shall promptly restore the affected portion of the Property or the Lot upon which such work is performed to a condition which is equal to or better than the condition which existed prior to the beginning of such work. In addition, the Owner undertaking such work shall promptly pay all costs and expenses associated therewith and shall defend, indemnify and hold the other Owners harmless from all liens, claims of lien, injuries, damages, losses, or claims, including reasonable attorney's fees actually incurred at trial and appellate levels, attributable to the performance or non-performance of such work. No Owner shall undertake construction activity on another Owner's Lot or the Property not owned by such Owner without the prior consent of such Owner. 6. Water Flow and Sanitary Sewer. (a) Flow of Water. Each Owner hereby reserves, grants, conveys, establishes and declares for the benefit of the Lot, a permanent, non-exclusive easement on, over, upon, across, under and through any portion of the Lot as reasonably necessary for surface water run-off and, within any portion of the Lot which is not a Building Area, for the construction, installation, use, maintenance and repair of any underground drainage system to receive surface water from the benefited Lot and conduct such water over or under the Lot as necessary to a discharge area. The Owner of the Lot shall determine in its sole, but reasonable, discretion the most effective location for drainage purposes for the placement of any and all components of such underground drainage system to be located on its Lot (the "Drainage Plan") and 7 2030209.2 shall submit the Drainage Plan to the Grantor for review and approval. Following approval, each Owner hereby agrees to the location for such improvements as shown on the approved Drainage Plan and once any drainage line or lines have been installed on the Lot or otherwise, the portion of the applicable Lot encumbered by such easement granted in this Section shall be limited to the area within ten (10) feet on either side of the center line of such drainage line. Notwithstanding anything contained herein to the contrary, in no event shall any owner of the Lot be permitted to change the natural flow of the surface water run-off from such Lot in any manner which increases the concentration of such surface water run- off onto an adjoining Lot. (b) Storm Water System. Each Owner will construct on Owner's Lot and shall thereafter maintain at Owner's sole cost and expense, the improvements necessary to control the storm water run-off from such property and to transport the same under or across the Property to storm water sewer in accordance with the Drainage Plan. Owner shall indemnify and hold the Grantor harmless from and against any and all damages suffered by the Owner of the Lot including response costs, environmental clean-up costs and attorneys' fees and costs resulting from any environmental contamination to such Owner's Lot which contamination came from, over, under or across that respective Owner's Lot. (c) Sanitary Sewer. Each Owner shall maintain each at its sole cost and expense, that portion of the sanitary sewer system serving such Owner's Lot located on Owner's Lot. Once any portion of said sanitary sewer line has been dedicated to and the responsibility for the maintenance thereof accepted by the appropriate government authority, then the maintenance responsibility set forth herein with respect to such portion shall automatically terminate. 7. Retaining Walls. Grantor must approve all initial construction of any retaining walls on any Lot, including design and building materials. All wall construction must be of materials approved by Grantor and shall be consistent with the design and appearance of any retaining walls on any adjoining Lot. If following initial construction of the retaining wall on each Lot, the wall is damaged, then the Fee Owner of the Lot on which such damaged area exists shall be responsible for the repair of such wall and shall do so in a prompt manner so as not to cause any additional damage to the wall or the structural integrity of the entire retaining wall. Owner shall be responsible for maintaining that portion of the retaining wall on Owner's Lot. Once initiated, all wall construction, maintenance or repairs must be diligently prosecuted to completion. 8. Sianag . (a) Onsite Signage. Owner shall have the right to maintain such building, 8 2030209.2 monument, pylon and other signs on such Owner's Lot permitted under applicable laws; provided, however, any free standing signs erected by an Owner or Owner's tenant or licensee to be located along Colonel Glenn Road shall be within those areas designated on "Exhibit C" attached hereto or another area approved by LLEJI and Grantor, so long as Grantor or LLEJI owns a direct or indirect interest in the Common Area Property, and thereafter the Owners' Association, which approval shall not be unreasonably withheld, qualified or delayed. Any free standing signs to erected by an Owner along the frontage on Colonel Glenn Road shall not interfere with, restrict or block the visibility of the development sign to be constructed at the entrance of Colonel Glenn Plaza Drive and Colonel Glenn Road. Withholding approval for any free standing sign that affects the size or location of the Development Sign shall not be deemed unreasonably withheld. No temporary signs will be permitted in any landscaped areas between Colonel Glenn Road and the south curb of the building's parking area that parallels Colonel Glenn Road or Colonel Glenn Plaza Drive. Grantor shall be deemed to have approved the design of any sign, unless Landlord notifies Owner, in writing, of Landlord's objections to such sign within ten (10) days after submission of the same to Grantor for approval. All signs shall be maintained in good order and repair, except for ordinary wear and tear. No temporary standalone signage shall be permitted on the Lot along Colonel Glenn Road or Colonel Glenn Plaza Drive following the initial construction and occupancy of improvements on such Lot, which prohibition shall include, but not be limited to, the placement of "For Lease", For Sublease", "For Sale," "Financing Provided By" or other similar signs on the Property which are not intended to be permanent in nature. (b) Development Sign. The Grantor or the Owner's Association shall have the right to cause the installation of one or more common developments signs for the Property (each a "Development Sign"). If erected, each Lot Owner electing to place signage on the Development Sign shall be responsible for the payment of a pro-rata share of the initial cost of the Development Sign(s) and thereafter the maintenance costs shall be treated as a common expense described in Section 12 below allocated among those Lot Owners with sign panels located on such sign based on the size of their respective sign panels. Each Owner shall be responsible for the cost of producing, installing and replacing their respective sign panels located on the sign. Each Lot shall be entitled to one (1) panel on each side of the Development Sign and all panels shall be of equal size. If a Development Sign is erected for one or more phases, then the Lot Owners within such phase shall not be permitted to have free- standing signs on their respective lots to the extent that such signage would interfere with or reduce the size of the Development Sign permitted by the City of Little Rock, Arkansas. 9 2030209.2 9. Enforcement of Obligations. In the event legal proceedings are brought or commenced to enforce any of the terms of this Declaration against any owner or other person with an interest in the Lot, the successful party in such action shall be entitled to receive and shall receive from the defaulting owner any and all damages permitted by law, plus a reasonable sum as attorneys, fees and costs, to be fixed by the court in the same action. Grantor, for so long as Grantor owns any portion of the Property, and thereafter a majority of the owners of the other lots included in the Lots, as may be hereafter amended or modified (with such majority in interest being determined based on the respective square footage of such lots) shall have the right to commence any action to enforce the obligations of the Fee Owner under this Declaration. 10. No re -Plat. Subdivision or Re -Zoning of Lot Permitted. Following the initial platting of a Lot, each Fee Owner of such Lot may re -plat, subdivide or re -zone any portion of such Lot subject to the restrictions in this Declaration and applicable law. 11. Modifications. All negotiations and oral agreements acceptable to the Grantor have been incorporated herein. Except as otherwise provided herein, this Declaration may not be modified in any respect whatsoever or rescinded, in whole or in part, except by a writing executed by the Grantor, for so long as the Grantor owns an interest in any of the Property and then thereafter by a Majority in Interest of the Owners of the Lots. 12. Formation of Owners' Association, Annual Meeting and Voting. If at any time following the execution of this Declaration, the Grantor and the Owner may elect to form an owners' association (the "Owners' Association") covering that portion of the Property described as designated on Exhibit "D" attached hereto and made a part hereof (the "Common Area Property"), for purposes of administering, enforcing and overseeing the respective rights, duties and obligations of the Owners of the property covered under the declaration creating the Owners' Association. The Owners' Association shall have the discretion to establish assessment or dues to be paid by the owners to cover the cost to be paid by the Owners under the declaration and to determine the timing of such payments. Each Owner covered by the Owners' Association shall be responsible for their respective pro rata share of the costs of any common lawn maintenance, irrigation and landscaping, utilities and maintenance of any sign easement area designated on the Common Area Property for the benefit of the owners or any portion of the Common Area Property located along its boundary adjoining Colonel Glenn Plaza Drive between the sidewalk and right of way of such road to the extent an Owner fails to do so as required under Section 4 above, the installation, maintenance and utility costs of any entrance lighting along Colonel Glenn Plaza Drive or Colonel Glenn Road approved by the owners, reasonable administrative fees for overseeing the handling 10 2030209.2 of the common areas and obligations hereunder if not handled by a third party agent, and such other common expenses approved by the Owners' Association. Such costs and assessments against the Lot may be enforced against the Owner of such Lot in accordance with Section 9 above and shall constitute a lien on such Lot if unpaid within thirty (30) days of the date of invoice. 13. Indemnification and Insurance. (a) Indemnification. To the extent of such Fee Owner's negligence, or willful or intentional act, each Owner hereby indemnifies, defends and saves the other owners and tenants of the Property harmless from any and all liability, damage, expense, causes of action, suits, claims or judgments arising from personal injury, death, or property damage occurring on or from its own tract, except if caused by the act or negligence of the other Owner or tenant or invitee of the other Owner's Property. (b) Insurance. Fee Owner agrees to procure or cause to be procured and maintained in full force and effect throughout the term of this Declaration general public liability insurance i nd property damage insurance against claims for personal injury, death or property damage occurring upon, in or about its property, Fee Owner's insurance to afford protection to the limit of not less than $1,000,000.00 for injury or death of a single person, and to the limit of not less than $2,000,000.00 for any one occurrence, and to the limit of not less than $1,000,000.00 for property damage. In the event that inflation renders the foregoing insurance limits commercially unreasonable, then Fee Owner shall carry insurance in commercially reasonable amounts. The foregoing notwithstanding in the event the Owners' Association is able to obtain coverage described in this subparagraph (b) for the benefit of all Owners covering the common areas, if any, the Owners shall be excused from maintaining coverage required under this subparagraph (b). At all times during the term of this Agreement, Fee Owner shall or shall cause the improvements on its property to be insured against loss or damage by fire and other perils and events as may be insured against under the broad form of Uniform Extended Coverage Clause in effect from time to time in the state of Arkansas, with such insurance to be for the full replacement value of the insured improvements. (c) Waiver of Certain Rights. Fee Owner hereby releases all other Owners for itself and its property insurer from and against any and all claims, demands, liabilities or obligations whatsoever for damage to each other's property or loss of rents or profits of the other resulting from or in any way connected with any fire or other casualty whether or not such fire or other casualty shall have been caused by the negligence or the contributory negligence of the Owner being released or by any agent, associate or employee of the party being released, this release being to the extent that such damage 11 2030209.2 or loss is covered by the property insurance which the releasing Owner is obligated hereunder to carry, or, if the releasing Owner is not carrying that insurance, then to the extent such damage or loss would be covered if the releasing party were carrying that insurance. (d) Contractor's insurance. Prior to commencing any construction activities within the Lot owned by such Owner, the Owner thereof shall obtain or require its contractor to obtain and thereafter maintain so long as such construction activity is occurring, at least the following minimum insurance coverage: (i) Workers' compensation - statutory limits; (ii) Employer's liability - One Hundred Thousand Dollars ($100,000); (iii) Comprehensive General and Comprehensive Auto Liability as follows: (1) "Combined Single Limit" (covering bodily injury liability, death and property damage) in any one occurrence of not less than One Million Dollars ($1,000,000); (2) Independent Contractors Liability or Owner's Protective Liability with the same coverage as set forth in (1) above; (3) Products/Completed Operations Coverage which shall be kept in effect for two (2) years after completion of work; (4) "XCU" Hazard Endorsement, if applicable; (5) "Broad Form" Property Damage Endorsements; (6) "Personal Injury" Endorsements; (7) "Blanket Contractual Liability Endorsement. Provided, however, the Majority - in -Interest of the Owners may increase the coverage amounts required hereunder. If the construction activity involves the use of another Owner's Lot, then the Owners of such Lots shall be named as additional insureds and such insurance shall provide that the same shall not be canceled without at least thirty (30) days prior written notice to the named insured. 14. Duration. Unless otherwise canceled or terminated, all of the easements granted in this Declaration shall continue in perpetuity and all other rights and obligations hereof shall automatically and be of no further force and effect ninety-nine (99) years after the date of filing hereof. 15. Miscellaneous. (a) Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Lot to the general public or for any public purposes whatsoever, it being the intention of the Owners that this Declaration shall be strictly limited to and for the purposes herein expressed. (b) 5everability. If any term or provision of this Declaration or the application of it to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to 12 2030209.2 which it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. (c) Governing Law. This Declaration shall be construed and enforced in accordance with, and governed by, the law of the State of Arkansas. (d) No Presumption. This Declaration shall be interpreted and construed only by the contents hereof and there shall be no presumption or standard of construction in favor of or against any Owner. (e) Inurement. This Declaration and the easements, covenants, benefits and obligations created hereby shall inure to the benefit and be binding upon each owner, and their respective successors and assigns (f) Other A eements. Nothing herein shall restrict an owner from imposing upon any tenant of the Lot more restrictions and/or higher standards than set forth herein. (g) Subdivision and Zoning Ordinances. Notwithstanding any provision hereof to the contrary, any lawful restrictions imposed by the City of Little Rock which is more restrictive on use than the provisions hereof shall be applicable and shall supersede the provisions hereof. (h) Entire Agreement. This Declaration constitutes the entire agreement regarding this subject matter between the Parties hereto. The Parties do not rely on any statement, promise or representation not herein expressed, and this Declaration, once executed, delivered and filed, shall not be modified or altered in any respect except as provided herein. (i) No Third Pgiy Beneficiaries. No party, other than the Owners and Grantor shall have any rights or benefits of this Declaration. 13 2030209.2 IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written. COLONEL GLENN BOWMAN ROAD DEVELOPMENT I, LLC (as Grantor a d Owner of Lots 2 through 12) By: Henry C. lUl ley, Jr., MdAwr By: - ;�9� Z?aLl— Leonard Boen, Manager CRAIN INVESTMENTS, LP (as Owner of Lot 13) By: Crain Management Group, LLC General Partner M Larry Crain, Sr., Manager LLEJI,LLC (as Owner of Lots 1, 14 and 15) By: Zvi=' Leonard Boen, Manager Reviewed only for inclusion of minimum stardarus required by the City of tide ROO subdrvisim regulaHors. Bill of kssuranca provision; established by the developer may exceed minimum regzlalions of tiro U Roc!c sul?divisian and zoning ordina;rce;. Ci f le Rock Planning Commission 14 2030209.1 IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written. COLONEL GLENN BOWMAN ROAD DEVELOPMENT I, LLC (as Grantor and Owner of Lots 2 through 12) Henry C. Kelley, Jr., Manager Leonard Boen, Manager CRAIN INVESTMENTS, LP (as Owner of Lot 13) By: a Mana ement Group, LLC ener artne By: Larry Crain, V, Manager LLEJI,LLC (as Owner of Lots 1, 14 and 15) L-5 14 2030209.1 Leonard Boen, Manager ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Henry C. Kelley, Jr., and Leonard Boen, to me personally well known, who stated that they were the Managers of COLONEL GLENN BOWMAN ROAD DEVELOPMENT I, LLC, an Arkansas limited liability company, and that they were duly authorized in such capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that they 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 this Z�� day of !%EGA-AWE"L , 2012. Notary Publ is My Commission Expires: �t '" ;" P"'CE C. GARDNER "�" Cornrnissian 4 238962fi a,"` ExP1RES: Qctoher 1, 2022 { Pulaski Count 15 2030209.2 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Larry Crain, Sr., to me personally well known, who stated that he was the Manager of CRAIN MANAGEMENT GROUP, LLC, an Arkansas limited liability company, the duly acting General Partner of CRAIN INVESTMENTS, LP, a Tennessee limited partnership, and that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said General Partner, 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 this 20A. day of 2012. Notary Public My Commission Expires: /9 - i — 7-0 Z Z 7► PRICE C. GARCNER Commission #12389626 EXPIRES. October 1.2022 Pulaski Count 16 2030209.2 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Leonard Boen, to me personally well known, who stated that he was the Manager of LLEJ I, LLC, an Arkansas limited liability company, and that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability 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 this Zak`' day of ArAO, l,yl, , 2012. Notary Public My Commission Expires: /v - i - Zo z 7-- PRICE C. GARDNER Commission #12389626 ^ter EXPIRES: October 1, 2022 Pulaski Count 17 2030209.2 DEFINITIONS "Building Area" shall mean those areas shown as Building Area, i.e., within the setback lines or any waiver thereof made by the City of Little Rock and filed of record, on any final plat of a Lot, i.e. which are the areas which are not within the setback lines or areas designated as easements. "Declaration" shall mean this Declaration of Restrictions and Covenants. "Initial Use" shall mean the opening of such business to the public for at least ninety (90) consecutive days. "Lot" or "Lots" shall mean any area separately drawn on Exhibit "A-2" and designated as a Lot and any property hereinafter conveyed by any Owner located within the boundaries shown on Exhibit "A- 2" for the Property, as such may now or hereafter be finally platted, subdivided, re -platted or re - subdivided and all such Lots collectively. "Ma 0or' in Interests of the Owners" shall mean each of the Owners of Lots whose aggregate area is greater than 1,687,71 square feet (i.e., more than one-half of the square footage contained in Lots 3,375,419 x 50% = 1,687,710 square feet). Provided, however, no Owner may unreasonably withhold or delay its consent unless (i) the request is to change a No Build Area, or (ii) such Owner reasonably believes the amendment requested is in violation of a law, ordinance or governmental regulation. The final actual square footage shall be based on a final survey of the Property prior to final platting of the Property. "No Build Area" shall mean any area designated as nearer a boundary line from a setback line or right-of-way easement area where no vertical construction other than signage shall occur. Paving and other "flat" improvements are allowed in the No Build Area. "Owner" or "Fee Owner" shall mean the Owner of a fee interest in any Lot and their respective assigns, grantees, and successors in interest. Owners shall collectively refer to each Owner. "Plat" collectively shall mean all the Preliminary Plat describing Lots 1 through 15 in The Village at Brodie Creek Addition to the City of Little Rock, Pulaski County, Arkansas, a copy of which is attached hereto as Exhibit "A-2", as such may now or hereafter be finally platted, subdivided, re -platted or re -subdivided; provided, however, the location of the Access Drives shall not be amended without the unanimous consent of all of the Owners. "Pro Rata Share" shall mean the Owner's pro rata share expressed as a percentage of the gross square footage of such Owner's Lot compared to the total gross square footage of all shown on the Plat (which for purposes of this Declaration shall be 3,375,419 square feet). 18 2030209.2 Exhibit A-1 Property Description LOTS 2-13 LEGAL DESCRIPTION PART OF THE S 1 /2 OF SECTION 16 AND PART OF THE N 1 /2 OF SECTION 21, T-1-N, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF THE NW1 /4, SAID SECTION 21; THENCE N88'01'13"W, 739.76 FT, TO THE POINT OF BEGINNING; THENCE N01'37'25" E, 237.77 FT,; THENCE N88' 17'33" W, 724.88 F. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BOWMAN ROAD; THENCE NORTHERLY ALONG SAID EAST RIGHT -OF ---WAY LINE THE FOLLOWING; (1) N10'49'59"W, 214,00 FT.; 2 NOT36'4O'W, 216.90 FT.; (3) N07'33' 17' W, 180.27 FT.; �4� NORTHEASTERLY ALONG THE ARC OF A 642.54 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N08'55'29"E, 354.54 FT. AND (5) N23'2643"E, 129.82 FT.; THENCE 58T53'56"E, 604,46 FT.; THENCE S8745'26'E, 398.57 FT.; THENCE NO2' 10'28" E, 228.64 FT.; THENCE N79'21'35'E, 196.43 FT.; THENCE N4713'29" E, 233.96 FT,; THENCE N59'44' 13" E, 168.14 FT.; THENCE N71'38'28" E, 306.03 FT.; THENCE N41'45'36" E, 13& 46 FT. TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF INTERSTATE ROUTE #430; THENCE SOUTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING: (1) 503' 12'36" W, 225.66 FT.; (2) 506'00'30"E, 226,97 FT. (3) S02"0i'28"W, 401.39 FT.; (4) S12'07'41"W, 707.53 FT.; (5� S30'56'53"W, 453.48 FT.; (6) S14'08'12"W, 356,33 FT. AND (7) S14'25'51"W, 143.11 FT.; THENCE N52'32'34'W, 240.17 FT.; THENCE S3645`12"W, 19$.45 FT.; THENCE S68'00'26"W, 250.16 FT.; THENCE a1459'35"E, 292.49 FT.; THENCE S6741'36`W, 90.73 FT.; THENCE N14'59'35"W, 293.00 FT.; THENCE S68'00'26"4, 208.48 FT.; THENCE N01'37'25'E, 559.25 FT. TO THE POINT OF BEGINNING, CONTAINING 72.4452 ACRES MORE OR LESS. (BEARINGS BASED ON ARKANSAS STATE PLANE COORDINATES - NORTH ZONE) Exhibit A-1— Cont-d Property Description Lot 1 Legal PART OF THE NW1 4 OF SECTION 21, T-1-N, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS; commENCING AT THE NORTHEAST CORNER OF SAID NW1/4, SECTION 21; THENCE N86'01'13"W, 739.76 FT,; THENCE SOV '25"W, $36.47 FT. TO THE POINT OF BEGINNING: THEN N6749'0 E 215.30 FT. -.THENCE SOUTHERLY ALONG THE ARC- OF A 380,00 FT, UIDJUS CARVE fO THE LEFT, A CHORD BEARING AND DISTANCE OF SZ721-51rE, 21.59 F'T,; THENCE SSWC016"W, 15,32 FT.; THENCE S14'59'35'E, 313.16 FT. TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COLONEL GLENN ROAD, BEING 25.00 FT, FROM THE CENTERLINE THEREOF, THENCE S6741'2rW ALONG SAID NORTH RIGHT—OF-WAY LINE, 306.96 FT.; THENCE N01'37'ZS'E, 363.67 FT, TO THE POINT Or BEGINNING, CONTAINING 54,671 SO. FT. Oft 1.9484 ACRES MORE OR LESS, (TO BE KNOWN AS LOT 1. VILLAGE: AT SRODIE CREEK. A SUBDIVISION IN THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS) Lots 14 and 15 Legal TRACT 1 (b) PART OF THE N1/2 OF SEC711ON 21, T-1-14, R-13-W, LTTTI.E ROCK, PULASKI COUNTY, ARKANSAS, WORE PARTICULARLY IM AS FOLLOWS ENCINC AT THE NORTHEAST CORNER OF THE NW1/4, SAID SECTION 21; THENCE NINO1'1 W, 739.16 FT.; THENCE 501'37'25 Wv, 559.25 FT.; THENCE N66001rE, 2 46 FT.; THENCE 519'35*E, 213.00 FT.; THENCE NFr41'3CE, 90.73 FT,: THENCE NIVS9'3S'4'S W, 2i1.37 FT- TO THE POINT OF bEOINNi1NO: THENCE N109'35'W, 23.93 FT-: THENCE S5f0D'21rW`, 15.33 FT;; THENCE NORTHOtLY A M THE ARC OF A 32D.00 FT. RAWS CURVE TO THE R1W. A CHORD BF ING AND DISTANCE OF N00'52'!O"W, 230.62 fT.; IMENNCE 1420`1417~E. 110.38 FT.; THENCE S73'34'09°E. 556.60 FT.; THEINX 514'25'51OW, 13,54 FT.; THENCE 51420'OZW, 139.41 FT - THENCE SSV57'3*W. 196.25 FT1.• THWCE N2902'14*W 157.41 FT.; THENCE Nf534 ''OrW. 02.56 FT.; THEME SWIO' W, 135.94 FT. �O THE POINT OF BEGINNING, CON'TAlNING 3,1791 ACRES YORE OR LESS. (T0 9E KNOWN AS PE LOT 14, THE 3HOPS AT. COLONEL GLENN, A 5(1L10 SON IN THE CITY OF LrmE ROCK, PULASKI COUNTY. ARKAt") TRACT 1 (c) PART OF THE N112 OF SECTION 21, T-I -N. R-13-W LitTLE ROCK, PULASKI COUNTY. ARKANSAS, MORE PARTICULARLY DESCRIBEO AS FOLLOAi COUN IENC1NG AT THE NORTHEAST CORNER OF THE NW1/4, SAlO SFCTI 121; THENCE N&rO1'1!rW, 739.76 FT.; THENCE S01'37'25'W. $59.25 FT., (HENCE N/9007rE, 209- 0 FT,, THENCE S14.69'3rE, 293.00 FT.: THENCE N$r41'3rE, 90.73 FT.: THENCE N14'S1'iew, sm FT. TO A POINT ON THE FUTURE NORTH! RIGHT -•OF -WAY LINE OF COLONEL Cf E?IN ROAD, 35.04 FT. FROW THE CENTERLINE THEREOF AND THE POINT OF BEGINNING; THENCE NI4'59'35'W, 2%95 H.; THENCE rN481O'Sd'E, 165.94 FT.: THENCE S7S34'09'E. 92.55 FT.; THENCE S2$02'14'E, 157.4T FT.; THENCE S511716'W, 163.00 FT.; THENCE S3930'0b'W, 58.33 FT, TO A POINT ON THE SAID FUTURE NORTH RIGHT—OF— WAY LINE OF COLONEL GLENN RI]AO; THENCE sma,vi, 95.a1 FT. TO THE POtNF OF BEGINNING, CONTAINING 1.4765 ACRES, uORE OR LESS. iTO BE KNOWN AS LOT 15, THE SHOPPE3 AT COLONEL GLENN, A SUBOMSION IN THE CITY OF LITTLE ROCK, PULASKI COUNTY. ARKNlAS) LESS AND EXCEPT THAT PART THEREOF OF PARCELS (b) AND (c) PLATTED AS TRACT 1, COLONEL CIDN 1-430 SUBDM311N IN THE: CRT OF UTTILE ROCK PULASKI COUNTY, ARKANSAS, BY PLAT RECORDED AS PLAT NO. 5-191. RECORDS OF PULASKI COUNTY, ARKAlISAG. AND TRACT 1, COLONEL GLENN 1-430 SUSOMSION IN THE.CITY OF L1TTL.E RXK. PUTASKI COUNTY, 2030209.2 ARKANSAS. AND BEING S 40M BY PLAT NO, 6-167. RECORDS OF PULASKI COUNTY, ARKANSAS. EXHIBIT A— l - COUT p L.P- S S AN o F�e L,pr7— , PART OF THE SW1 /4 OF SECTION 16 AND PART OF THE NW1 /4 OF SECI1CN 21. T-1 -N, R-13-W, LITTLE ROCK, PULASK; COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NW1/4, SECTION 21, THENCE N88'O1'13'W, 739,76 FT.; THENCE SO1'37'25'W, 559.25 FT.: THENCE N68700'26' E, 208.48 FT. TO THE POINT OF BEGINNING: THENCE N68'00'26" E. 15.33 FT.; THENCE NORTHERLY ALONG THE ARC OF A 380.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N00'52'20"W, 213.86 FT.; THENCE N20'14'57E, 344.74 FF.; THENCE NORTHERLY ALONG THE ARC OF A 320.30 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N10'03115'W, 322.93 FT.; THENCE N4938'33" E, 60.00 FT.; THENCE SOUTHERLY ALONG THE ARC OF A 380.00 FT, RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF Si0'03'15'E, 383.48 FT.: THENCE S20'14'57'W, 344.74 FT.; THENCE SOUTHERLY ALONG THE ARC OF A 320.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF SOa52'20"E, 230.62 FT.; THENCE N6900'21M 15.33 FT.; THENCE S14'59'35'E, 292.49 FT. TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COLONEL GLENN ROAD, BEING 45.00 FT. FROM THE CENTERLINE THEREOF; THENCE S6741'36"W ALONG SAID NORTH RIGHT-OF-WAY LINE, 90,73 FT.; THENCE N1459'35"W, 293,00 FT. TO THE POINT OF BEGINNING, CONTAINING 1.9450 ACRES MORE OR LESS. t� <-., q�A SF-1/4 N 1 SECTION 16 T-1 -N, R-13--W I R380.00' ! R320.90' �i 1 CDS10'03'15'E CON10`03'15 W LC383.43' ! LC322.93' i I i ! NE CORNER, NWI/4 N88'Ot'13"W !` SECTION 21 N ,^q oNi O� NE1/4 NW1/4 NWI/4 NEI/4 N y SECTION 21 ! SEC'I(ON 21 T-1-N, R-13-W ! T-1-N, R--13-W Q,p ' ! CDNOO'52'2O'W �� 0054952'20"E ! LC273.86' LC230.62' lN6B'O0'26' E N68'00'26' E ! 15.33' gao ��� N f L 'ate'-A \ � ! 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Z ;. qR 8FF =.§ UC " y n7 O S al" N; �8UM � g. em R x3 f1� o WHO �R- �'J g=��$� -pig r Tamara Guffey From: Zinser, Brandon M [Brandon.Zinser@centerpointenergy.com] Sent: Thursday, December 13, 2012 9:26 AM To: 'Tamara Guffey (tguffey@whitedaters.com)' Cc: Bates, Joni B. Subject: RE: Final Plat Approval -Lot 3, The Village at Brodie Creek Attachments: Temp01722.PDF.PDF; image001.jpg Temp01722.PDF.PD F(250 KB) Tamara, CenterPoint Energy has no objection to the attached final plat of Lot 3, The Village at Brodie Creek in Little Rock, AR. Thanks, Brandon Zinser Engineer II Southern Gas Operations I Arkansas/Oklahoma Region 401 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201 Direct: 501-377-4930 1 Fax: 501-377-4733 1 Mobile: 501-425-2289 [cid:image001.jpg@01CDD913.D3EA3500] From: Tamara Guffey[mailto:tguffey@whitedaters.com] Sent: Wednesday, December 12, 2012 4:20 PM To: 'Jim Boyd'; 'Daniel Tull'; Bates, Joni B.; 'THOMPSON, THEODIS'; 'KEATHLEY, CHRIS' Cc: 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; 'Paul White' Subject: Final Plat Approval -Lot 3, The Village at Brodie Creek Importance: High Attached for your review and approval is a final plat copy of Lot 3, The Village at Brodie Creek. The owner of this property intends to file their plat ASAP. They are targeting Friday, December 14, 2012. We apologize this one is short notice. 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 Paul White at pwhite@whitedaters.com<mailto:pwhite@whitedaters.com> or 821-1667. We appreciate your timely response. Sincerely, Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 1 Page 1 of 1 Tamara Guffey From: Daniel Tull [Daniel.Tull@carkw.com] Sent: Thursday, December 13, 2012 9:38 AM To: Tamara Guffey Subject: RE: Final Plat Approval -Lot 3, The Village at Brodie Creek CAW approved with no comment Thank You Central Arkansas Water Daniel Tull, Engineering Technician daniel.tull@carkw.com 501-377-1245 From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Wednesday, December 12, 2012 4:20 PM To: 'Jim Boyd'; Daniel Tull; 'Bates, Joni B.'; THOMPSON, THEODIS'; 'KEATHLEY, CHRIS' Cc: 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; 'Paul White' Subject: Final Plat Approval -Lot 3, The Village at Brodie Creek Importance: High Attached for your review and approval is a final plat copy of Lot 3, The Village at Brodie Creek. The owner of this property intends to file their plat ASAP. They are targeting Friday, December 14, 2012. We apologize this one is short notice. 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 Paul White at owhiteAwhitedaters.com or 821-1667. We appreciate your timely response. Sincerely, Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 12/13/2012 Page 1 of 2 Paul White From: Tim Daters [tdates@gmail.com] Sent: Monday, December 17, 2012 8:09 AM To: <pwhite@whitedaters.com> Subject: Fwd: Final Plat Approval -Lot 3, The Village at Brodie Creek Attachments: Temp01722.PDF; ATT00021.htm Timothy E. Daters White-Daters & Associates 501-821-1667 Office 501-580-5694 Cell Sent from my iPhone Begin forwarded message: From: "Halford, Seth" <shalfor cr enter comma Date: December 17, 2012, 7:03:04 AM CST To: "tdaters cr,whitedaters.com" <tdaters(c�r�,whitedaters.com>, "'Tim Daters' (tdates?,gmail.com)" <tdates rant zmail.com> Cc: "THOMPSON, THEODIS" <TTHOMP 1 aigentergy.com> Subject: FW: Final Plat Approval -Lot 3, The Village at Brodie Creek Tim, The final plat for Lot 3 as shown in the attachment is acceptable. Thanks, Seth Halford 9 Entergy Ct. Little Rock, AR 72211 (501) 954-5108 shalforp,,entergy. corn From: THOMPSON, THEODIS Sent: Thursday, December 13, 2012 9:14 AM To: Halford, Seth Subject: FW: Final Plat Approval -Lot 3, The Village at Brodie Creek Importance: High From: Tamara Gulley fmai4to:tpuffey@whitedaters.com] Sent: Wednesday, December 12, 2012 4:20 PM To: 'Jim Boyd'; 'Daniel Tull'; 'Bates, Joni B.'; THOMPSON, THEODIS; 'KEATHLEY, CHRIS' Cc: 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; 'Paul White' Subject: Final Plat Approval -Lot 3, The Village at Brodie Creek Importance: High 12/17/2012 Page 1 of 2 Paul White From: Tamara Guffey [tguffey@whitedaters.coml Sent: Monday, December 17, 2012 3:50 PM To: 'Paul White'; 'Tim Daters' Subject: FW: Lot 3, The Village at Brodie Creek Plat Approval Attachments: Temp01722.PDF Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: KEATHLEY, CHRIS [mailto:ck0826@att.com] Sent: Monday, December 17, 2012 3:31 PM To: TAMARA GUFFEY Subject: FW: Lot 3, The Village at Brodie Creek Plat Approval AT&T approves the attached request for final approval of lot 3 at The Village at Brodie Creek. Thanx Chris Chris Keathley Lead 05P Ping & Eng bsgn 501.373.6594 0 501.615.5823 C From: CHRIS KEATHLEY[mailto:keathleyO1@sbcglobal.net] Sent: Sunday, December 16, 2012 10:11 PM To: KEATHLEY, CHRIS Subject: Fw: Lot 3, The Village at Brodie Creek Plat Approvalq --- On Fri, 12/14/12, Tamara Guffey <t u e whitedaters.com> wrote: From: Tamara Guffey <tuitey�wwEiitedaters.con�> Subject: Lot 3, The Village at Brodie Creek Plat Approval To: Keathley0l@sbelatobal.net Date: Friday, December 14, 2012, 3:52 PM THANKS CHRIS Attached for your review and approval is a final plat copy of Lot 3, The Village at Brodie Creek. The owner of this property intends to file their plat ASAP. They are targeting Friday, December 14, 2012. We 12/17/2012 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS NAME —THE VILLAGE AT BRODIE CREEK LOT 3 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: I 2-1 ADDRESSING SPECIALIST'S REPORT I have ;9� he at and Find that the street names and street configuration are acceptable. 4z" — — — - Addressing Specialist Date: TRAFFIC ENGINEER REPOR I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage and street lights. Indicate the number of street signs ordered for this plat for billing to developer Certain improvements remain uncompleted and a punch list has been prepared and sent. Traffic Engineer Date: CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied. Civil Engineer I/II Date: SURVEYOR'S REPORT I have reviewed the plat and find that: All . equirements for final plat approval have been satisfied. Surveyor Date:~r�-- MANAGER APPROVA All Civil Engineering requirements for fil' this final plat have been satisfied. 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