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HomeMy WebLinkAboutS-1493-D ApplicationMoore, Monte From: Smith, Christopher J. Sent: Tuesday, January 18, 2022 12:51 PM To: 'Donnie Holland' Cc: Moore, Monte Subject: RE: Lochridge Phase 3 Mr. Holland, This is much better. Everything looks good. Civil Engineering Private Development recommends recording of the final plat. Please coordinate the final signatures with Mr. Monte Moore (MMoore@littlerock.gov_) or 501-371-4792. Thanks, Christopher Smith, P.E. Design Review Engineer City of Little Rock Department of Planning and Development Civil Engineering Private Development 723 West Markham Street Little Rock, AR 72201 Office: (501) 371-4817 Cell: (501) 414-1848 Fax: (501) 399-3435 hftps-//www.liftlerock.gov/ From: Donnie Holland <hollandsurveyingl@gmail.com> Sent: Tuesday, January 18, 2022 11:52 AM To: Smith, Christopher J. <csmith@littlerock.gov> Subject: Re: Lochridge Phase 3 CAL This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Does this work any better? Thanks, Donnie Holland, PS Holland Surveying, LLC 4281 Lake Norrell Rd. Alexander, AR 72002 Cell- 501-993-2893 Fax- 501-320-4365 hollandsurveyingl@gmall.com On Tue, Jan 11, 2022 at 8:56 AM Smith, Christopher J. <csmith littlerock. ov> wrote: Mr. Holland, Thank you for a quick turnaround on the re -submittal. Could you provide a more legible vicinity map? It's difficult to read when you print out the plat. Thanks, Christopher Smith, P.E. Design Review Engineer City of Little Rock Department of Planning and Development Civil Engineering Private Development 723 West Markham Street Little Rock, AR 72201 Office: (501) 371-4817 Cell: (501) 414-1848 Fax: (501) 399-3435 httos://www.littlerock.q pvl From: Donnie Holland <hollandsurve in 1 mail.com> Sent: Monday, January 10, 2022 3:59 PM To: Smith, Christopher J. <csmith@a littlerock.goy> Cc: Moore, Monte <MMoore littierock. ov> Subject: Re: Lochridge Phase 3 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. This is the first I have seen of the comments. 1) See attached plat with the vicinity map 2) The clerk stamps the recording certificate on the plat now. Phase 2 was done this way. Thanks, Donnie Holland, PS Holland Surveying, LLC 4281 Lake Norrell Rd. 2 Alexander, AR 72002 Cell- 501-993-2893 Fax- 501-320-4365 hoilandsurve in 1 mail.com On Mon, Jan 10, 2022 at 3:27 PM Smith, Christopher J. <csmith littlerock. ov> wrote: Monte, We are still waiting on a couple of comments to be addressed. See attached email. Thanks, Christopher Smith, P.E. Design Review Engineer City of Little Rock Department of Planning and Development Civil Engineering Private Development 723 West Markham Street Little Rock, AR 72201 Office: (501) 371-4817 Cell: (501) 414-1848 Fax: (501) 399-3435 https://www.liftlerock.govl From: Moore, Monte <MMoore@littlerock. ov> Sent: Monday, January 10, 2022 8:57 AM To: Smith, ChristopherJ. «smith CED little rock . ov> Cc: 'ho Ila ndsu rveyingl @gma il.co m' <ho Ila ndsu rveyi[IgI in 1 mail. com> Subject: FW: Lochridge Phase 3 Chris, Have you signed off on this final plat? Thanks, Monte From: Donnie Holland Sent: Monday, January 10, 2022 8:12 AM c To: Jim Cranor; Moore, Monte; Randy Ives; Eric Krebs Subject: Lochridge Phase 3 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning, We have completed the requirements for the final plat of Lochridge Phase 3. Can I bring the plat by for signatures so I can get it filed? Thanks, Donnie Holland, PS Holland Surveying, LLC 4281 Lake Norrell Rd. Alexander, AR 72002 Cell- 501-993-2893 Fax- 501-320-4365 holiandsurveyinel@email.com W Moore, Monte From: Donnie Holland <hollandsurveyingl @gmail.com> Sent: Tuesday, January 18, 2022 1:22 PM To: Moore, Monte Subject: Fwd: Fw: Entergy Service to Lochridge Estates -Phase 3 This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Donnie Holland, PS Holland Surveying, LLC 4281 Lake Norrell Rd. Alexander, AR 72002 Cell- 501-993-2893 Fax- 501-320-4365 hollandsurveyingl@gmail.com ---------- Forwarded message --------- From: donnie holland <holland1625@sbcRIobal.net> Date: Wed, Jan 12, 2022 at 7:25 AM Subject: Fw: Entergy Service to Lochridge Estates -Phase 3 To: Donnie Holland <hollandsurveyingl@Kmail.com> ----- Forwarded Message ----- From: Randy Ives <randyives1O_yahoo.com> To: Surveyor -Donnie Holland <holland15250,sbccglobal.net> Sent: Tuesday, January 11, 2022, 01:09:36 PM CST Subject: Fw: Entergy Service to Lochridge Estates -Phase 3 from Yahoo Mail on Android ----- Forwarded Message ----- From: "Henderson, Jeremy" <jhende9(@entergy.com> To: "ran dyivesl (�)yahoo.com" <randyivesl @vahoo.com> Sent: Tue, Jan 11, 2022 at 1:05 PM Subject: Entergy Service to Lochridge Estates -Phase 3 Entergy will be the service provider for this location and we have a job started for construction to install transformers and wire. Let me know you have any questions or need further information. Thanks! Jeremy Henderson Senior Engineering Associate Entergy Arkansas, LLC 9 Entergy Ct. Little Rock, AR 72211 501-223-6125 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. Donnie Holland <hollandsurveying1@gmail.com> Fw: Entergy Service to Lochridge Estates -Phase 3 2 messages donnie holland <hollandl625@sbcglobal.net> To: Donnie Holland <hollandsurveyingl@gmail.com> ---- Forwarded Message --- From: Randy Ives <randyivesl @yahoo.com> To: Surveyor -Donnie Holland <holland1625@sbcglobal.net> Sent: Tuesday, January 11, 2022, 01:09:36 PM CST Subject: Fw: Entergy Service to Lochridge Estates -Phase 3 Sent from Yahoo Mail on Android ----- Forwarded Message ----- From: "Henderson, Jeremy" <jhende9@entergy.com> To: "randyivesl @yahoo.com" <randyives1 @yahoo.com> Sent: Tue, Jan 11, 2022 at 1:05 PM Subject: Entergy Service to Lochridge Estates -Phase 3 Wed, Jan 12, 2022 at 7:25 AM Entergy will be the service provider for this location and we have a job started for construction to install transformers and wire. Let me know you have any questions or need further information, Thanks! Jeremy Henderson Senior Engineering Associate Entergy Arkansas, LLC 9 Entergy Ct. Little Rock, AR 72211 501-223-6125 `='Fritergy 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. Donnie Holland <hollandsurveyingl@gmail.com> To: "Moore, Monte" <mmoore@littlerock.gov> Tue, Jan 18, 2022 at 1:22 PM Donnie Holland, PS Holland Surveying, LLC 4281 Lake Norrell Rd. Alexander, AR 72002 Cell- 501-993-2893 Fax- 501-320-4365 hollandsurveying1 @gmail.com [Quoted text hidden] 1 /21 /22, 11:16 AM Gmail - Lochridge Estates Phase 3 Final Plat Gmail Lochridge Estates Phase 3 Final Plat Donnie Holland <hollandsurveyingl@gmail.com> Andrew Pownall <Andrew. Pownall @carkw. com> Fri, Jan 21, 2022 at 10:59 AM To: Eric and April Krebs <eabkrebs@yahoo.com>, James Lewis <James. Lewis@carkw. com> Cc: Donnie Holland <hollandsurveying1@gmail.com>, "MMoore@littlerock.gov" <MMoore@littlerock.gov> CAW has no objections to the plat. Andrew Pownall, PE Senior Engineer Central Arkansas Water 501-377-1342 (Office) 501-218-6898 (Cell) t " :«Water From: Eric and April Krebs <eabkrebs@yahoo.com> Sent: Thursday, January 20, 2022 11:53 AM To: Andrew Pownall <Andrew.Pownall@carkw.com>; James Lewis <James.Lewis@carkw.com> Cc: Donnie Holland <hollandsurveying1 @gmail.com>; MMoore@littlerock.gov Subject: [External] Fw: Lochridge Estates Phase 3 Final Plat [CAUTION:] This email originated from outside of the CAW. Do not click links or open attachments unless you recognize the sender and know the content is safe. [Quoted text hidden] https://mail.google.com/mail/u/0/?ik=02abel 6adc&view=pt&search=all&permmsgid=msg-f%3A1722584242212573990&simpl=msg-P/o3A1722584242... 1 /1 Gmail Lochridge Estates Phase 3 3 messages Donnie Holland <hollandsurveyingl@gmail.com> To: agober@summitutilities.com Donnie Holland <hollandsurveyingl@gmail.com> Tue, Jan 18, 2022 at 1:11 PM Adam, Attached is the final plat for Phase 3 that we need approval/acceptance of. Thanks for your assistance with this. Thanks, Donnie Holland, PS Holland Surveying, LLC 4281 Lake Norrell Rd. Alexander, AR 72002 Cell- 501-993-2893 Fax- 501-320-4365 hollandsurveyingl @gmail.com LOCHRIDGE ESTATES PHASE 3 FINAL PLAT.pdf 1152K Adam Gober <agober@summitutilities.com> To: Donnie Holland <hollandsurveyingl@gmail.com> Donnie, Summit Utilities (formerly CenterPoint Energy) approves this final plat. Thank you, Adam P. Gober Engineer I AR/OK Region \"MW 501.377.4737 w. 1501.541.7509 c. SummitUtilities.com [Quoted text hidden] Tue, Jan 18, 2022 at 1:15 PM If you received this message in error, please do not read, copy, or share it. Instead, please notify the sender immediately and permanently delete all copies in your possession. LOCHRIDGE ESTATES PHASE 3 FINAL PLAT.pdf 1152K Donnie Holland <hollandsurveying1 @gmail.com> To: "Moore, Monte" <mmoore@littlerock.gov> Thanks, Donnie Holland, PS Holland Surveying, LLC 4281 Lake Norrell Rd. Alexander, AR 72002 Cell- 501-993-2893 Fax- 501-320-4365 hollandsurveyingl @gmail.com [Quoted text hidden] LOCHRIDGE ESTATES PHASE 3 FINAL PLAT.pdf 1152K Tue, Jan 18, 2022 at 1:21 PM � m a e� z_ s j 20 A a e- bn a ebC 0 2a Nan co m ■j ,1 fit: a�� •� � W �YPl- zl � � • � �v L I ` hps� p �ccno 'x Cm0 ��w70a a?�Za Znam� z coOoMr >aaI> Z�a ■ p �Zm t 10 1 2! '« O 10 I� m tit i g o C. N Supplemental Bill of Assurance This is the Bill of Assurance For Phase 3, Lochridge Estates Subdivision Lochridge Estates, Phase 3 To The Public Bill of Assurance Know all men by these presents: 11111111I1II11111IN111llE V V 2022005686 PRESENTED: 01-24-2022 12:28:43 PM RECORDED: 01-24-2022 12:37:33 PM In Official Records of Terri Hollingsworth Circuit/County Clerk PULASKI CO, AR FEE $95.00 PI afi-# 2D2200,5(0S7 11z 4120zz C I R CUB I til a` 4* �D : _. V r r G j +. OfJNV This Bill of Assurance with Declarations of Covenants and Restrictions (hereinafter "Declaration'), is made this ?3 day of 2021 by Ives & Associates, Inc., ("Developer" or the "Declarant"). WITNESSETH: KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Developer is the owner of the real property described on Exhibit "A" attached to this Declaration (hereafter the "Property") and as the owner desires to establish a single family residential development with privacy gate, private gated roadways or streets, private sanitary sewer system, permanent open spaces including lake, landscaped entrance with a fountain and other common facilities for the benefit of the development, which shall be known as Lochridge Estates, Phase 3 (hereafter "Lochridge Estates" or "Subdivision"). WHEREAS, Developer desires to provide for the preservation of the values and amenities in Lochridge Estates and for the maintenance of the common areas; and to this end, desires to subject the Property to these covenants, restrictions, easements, charges and liens, each of which for the benefit of the Property and each owner, and WHEREAS, Developer has caused to be established the Pulaski County, Arkansas Property Owners' Multipurpose Improvement District No. 703-07- Lochridge Estates Project ("District") for the purposes of owning and administering the operation, maintenance, repair and replacement of the common areas and facilities in the Subdivision; and levying lot assessments for revenue to pay such costs. WHEREAS: Developer has also caused to be incorporated Lochridge Estate Property Owners Association, Inc. ("Association") for those purposes to be determined by the owners of the Lochridge Estates lots and to provide such support to the above District as may be appropriate; and WHEREAS, all owners of lots within Lochridge Estates will be members of the Association as required herein; and WHEREAS, it is deemed advisable that all of the Property shown on the plat hereinafter mentioned, be subdivided into building lots, tracts and streets as shown on the plat filed herewith, and that the Property be held, owned and conveyed subject to the protective covenants herein contained in order to enhance the value of Lochridge Estates. NOW THEREFORE, Developer for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat, showing a survey made by Holland Surveying, LLC., Registered Land Surveyor dated, , and bearing a Certificate of Approval executed by the Department of Planning and Development of the City of Little Rock, and showing the boundaries and dimensions of the Property now being subdivided into lots, tracts, easements and streets (the "Plat"). There are shown on the Plat certain easements for drainage and/or utilities which Developer hereby donates and dedicates to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, sewer and cable television with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. AREAS DESIGNATED ON THE PLAT AS ENTRANCES WAY, LANDSCAPED CONSERVATION AREAS AND DETENTION AREAS AND ROADWAYS, PRIVACY GATE, STREET LIGHTS, SEWER SYSTEMS, DRAINAGE FACILITIES, CERTAIN FENCING AND OTHER INFRASTRUCTURES ARE HEREBY DONATED AND DEDICATED BY DEVELOPER TO THE DISTRICT FOR THE OWNERS, AS THEY MAY EXIST FROM TIME TO TIME, OF LOTS WITHIN LOCHRIDGE ESTATES WITH THE RIGHT TO USE THESE AREAS FOR, ACCESS, DRAINAGE, SEWER SERVICE BUFFER, GREEN AREA, PEDESTRIAN PATHS, LANDSCAPING AND AESTHETIC PURPOSES AND THE DISTRICT SHALL MAINTAIN SUCH AREAS AND IMPROVEMENTS AT ITS SOLE COST. MAINTAIN SUCH AREAS AND IMPROVEMENTS AT ITS SOLE COST. ADDITIONALLY, DEVELOPER HEREBY GRANTS TO THE PUBLIC UTILITIES THE RIGHT TO USE THOSE PORTIONS OF THESE AREAS WITHIN THE SUBDIVISION UPON WHICH AT THE DATE OF THE RECORDING OF THE PLAT AND THIS BILL OF ASSURANCE WATER, SEWER, AND STORM DRAINAGE IMPROVEMENTS HAVE BEEN CONSTRUCTED BY DEVELOPER, PROVIDED SUCH IMPROVEMENTS HAVE BEEN CONSTRUCTED BY DEVELOPER, PROVIDED SUCH IMPROVEMENTS ARE MAINTAINED BY THE PUBLIC UTILITIES. NO OTHER IMPROVEMENTS SHALL BE PACED ON THE AREAS DESIGNATED AS COMMON AREAS OTHER THAN IMPROVEMENTS SPECIFICALLY DESCRIBED HEREIN, INCLUDING ANY ADDITIONAL WATER, SEWER OR STORM DRAINAGE IMPROVEMENTS, UNLESS FIRST APPROVED BY THE APPROPRIATE AGENCIES OF THE CITY OF LITTLE ROCK, THE DISTRICT, ITS SUCCESSORS OR ASSIGNS AND THE ARCHITECTURAL CONTROL COMMITTEE ESTABLISHED PURSUANT TO THESE COVENANTS AND RESTRICTIONS. 2 The filing of this Bill of Assurance with Covenants and Restrictions and Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be valid and complete delivery and dedication of the easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "Lochridge Estates Phase 3 an addition to Pulaski County, Arkansas," and any and every deed of conveyance of any lot in the Lochridge Estates describing the same by the number shown on the Plat shall always be deemed a sufficient description thereof. The lands herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following convenants and restrictions: ARTICLE I DEFINITIONS The following words when used in this Declaration or any supplemental Declaration (unless the context shall indicated a contrary intention) shall have the following meanings: (a) "Architectural Control Committee" shall mean the committee appointed pursuant to Article VII, Section I hereof. (b) "Association" shall mean and refer to Lochridge Estates Property Owners Association, Inc., its successors and assigns. (c) "Board" shall mean the Board of Directors of the District. (d) "Common Area" shall mean all real property and facilities owned by the District for the common use and enjoyment of all Owners including but not limited to the privacy gate and fountain, private streets and roadways, street lights, lake, pedestrian trails, retainage and drainage areas, open areas and the subdivision's private sewer system. The common areas shall be deeded to the District. (e) "Declarant" or "Developer" shall mean Ives & Associates, Inc., its successors and assigns. (f) "Declaration" shall mean the covenants and restrictions and bill of assurance as stated herein and hereafter properly amended. (g) "District" shall mean and refer to Pulaski County, Arkansas Property Owners' Multipurpose Improvement District No. 703-07 — Lochridge Estates Project. (h) "Lot" shall mean and refer to any platted lot within the Property which may be purchased by any person or owned by the Developer. (i) "Member" shall mean and refer to any Owner who by virtue of holding fee simple title to any Lot is a member of the Association. If any Owner holds title to more than one Lot then the Owner shall hold memberships equal to the number of Lots owned. (j) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Property, but excluding those having such interest merely as security for the performance of an obligation. (k) "The Property" shall mean and refer to that property described on Exhibit "A" which is subject to this Declaration under the provisions of Article II. (1) "Subdivision" shall mean and refer to Lochridge Estates Phase 3 to, Pulaski County, Arkansas. I.\ta1(y03il PROPERTY SUBJECT TO THIS DECLARATION SECTION 1: Existing Property. The real property that is, and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the County of Pulaski, State of Arkansas, and is more particularly described on Exhibit "A," all of which property shall be referred to as the "Property." The Property may consist of both platted and unplatted properties and the unplatted portions may be subsequently platted by Developer, as it deems appropriate. SECTION 2. Additions to Existing Property. (A) Additional lands of the Developer may become subject to these covenants and restrictions in the following manner: The Developer shall have the right but not obligation to bring within the plan of this Declaration additional properties, regardless of whether or not the properties are presently owned by the Developer, in future stages of the development, provided that such additions are in accord with the general plan of development (the "General Plan") which has been prepared prior to the date of these covenants and restrictions and prior to the sale of any Lot and is maintained in the office of Declarant, and provided such proposed additions, if made, will become subject to assessments of the District and Association (if the Association is then levying Association dues) for their share of expenses. UNDER NO CIRCUMSTANCES shall these covenants and restrictions or any supplement or the General Plan bind the Developer to make the proposed additions or to adhere to the Plan in any subsequent development of land shown on the General Plan. Nor shall the Developer be precluded from conveying lands in the General Plan not subject to these covenants and restrictions or any supplement. (B) The additions authorized shall be made by filing of record a Supplemental Bill of Assurance with Covenants and Restrictions with respect to the additional property which shall extend the plan of the covenants and restrictions of this Declaration to the additional property, and the Owners, including the Developer of Lots in those additions shall immediately be entitled to all rights ana privileges provided in this Declaration. (C) The Supplemental Declaration may contain those complimentary additions and modifications of the covenants and restrictions contained in this Declaration necessary to reflect the different character, if any, of the added properties as are not inconsistent with the plan of this Declaration. In no event, however, shall such supplement revoke, modify or add to the covenants established by this Declaration within the property. SECTION 3. Additions Limited to Developer. No one other than the Developer shall have the right to subject additional lands to this Declaration, unless the Developer shall indicate in writing to the District and Association that such additional lands may be included. ARTICLE III PROPERTY OWNERS IMPROVEMENT DISTRICT All Lots in the Subdivision in addition to being bound by this Bill of Assurance, are also within Pulaski County, Arkansas Property Owners' Multipurpose Improvement District No. 703-07 — Lochridge Estates Project (the "District") established by Pulaski County Order 4 dated December 5, 2007. As such, all Lots in the Subdivision are subject -to the matters established thereby and therein including but not limited to, assessments to enable the District to accomplish its purposes set out therein which the Property Owner agrees shall include, without limitation, the purchase of certain Subdivision infrastructure, the maintenance, preservation, improvement, management and servicing of the Subdivision Common Areas and improvements thereto, the retainage areas, access entry ways and drainage related thereto as the District's Commissioners deem appropriate. Each Lot Owner in the Subdivision, by purchasing or otherwise owning a Lot in the Subdivision agrees to and acknowledges that any such Lot shall be subject to the annual assessments levied by the District in whatever amounts the District Board of Commissioners determine. In connection therewith the District shall or may maintain such policy or policies of liability and fire insurance with respect to the Common Area and personal property, if any, owned by the District as the District's Commissioners deem appropriate; grant easements, rights of way, or strips of land where necessary for utilities and sewer facilities over the Common Areas to serve the Common Areas and Lots; and, levy District assessments as the District deems appropriate. Such assessments shall create liens upon the Lots assessed similar in priority as ad valorem taxes which liens shall be subject to the foreclosure of the Lots and improvements thereon for nonpayment as provided by the Arkansas Property Owners' Improvement District Law of Arkansas. Exempted from District Assessments all property dedicated to and accepted by a local public authority and the Common Areas. District assessments not paid when due shall be subject to collection pursuant to the provisions of Arkansas Acts 1983, No. 613 of the Acts of the General Assembly of the State of Arkansas, and all amendments thereto (codified as Ark. Code Ann. Section 14-93-101 et seq.) including additional assessments of interest, penalties and costs and right of the District to foreclose the lien of the assessments with the sale of the assessed property as provided therein. Use of the Common Areas shall be subject to such reasonable Rules and Regulations as may be hereafter established by the District's Board of Commissioners and as amended thereafter from time to time. ARTICLE N THE ASSOCIATION Every person, persons or entity who owns any Lot, including a builder or contractor, shall be a member of the Association. Provided however, the Association is not active and will become active at such time as the Owners who own not less than two thirds (2/3) of the Subdivision Lots vote, with one vote per Lot regardless of the numbers of Owners of that Lot (in person or by proxy), to cause the Association to become active at a Subdivision meeting called for that purpose upon proper notice to the Owners; or, upon dissolution of the District for any reason. The Association shall be governed by its By -Laws and laws of the State of Arkansas. Membership in the Association shall be appurtenant to and may not be separated from ownership of any Lot. In the event the Association is activated and annual or other assessments are levied thereunder, each Lot Owner in the Subdivision, by purchasing or 5 otherwise owning a Lot or Lots in the Subdivision, agrees to and acknowledges that each such Subdivision Lot so owned shall be subject to such assessments when levied, in whatever amounts the Association may determine, the same as if the Association were active and assessments levied simultaneously with the platting of the Subdivision. ARTICLE V LOCHRIDGE ESTATES PRIVATE SEWER SYSTEM All Lots in Lochridge Estates shall be served by a sanitary pressure sewer system of the quality, kind and capacity as approved by the Arkansas Department of Health and the Arkansas Department of Environmental Quality and the District. All Lots must utilize the system and no Lots may utilize, to any degree, any alternative system. The Lochridge Estates sewer system will be owned and will be operated, maintained, repaired and replaced, as will be necessary, by the District. The operation, maintenance and repair of the system, specifically including the treatment plant, shall be performed by a qualified operator licensed by the Arkansas Department of Environmental Quality with whom the District shall contract for such services and performances. The macerator pump(s) for each Lot shall be installed by the District's designated contractor and the cost of the pump(s) and installation thereof shall be charged to and paid for by the Lot Owner. The maintenance and repair of the macerator pumps for the Subdivision Lots, including service calls for problems with the pumps, shall be provided by the District's designated contractor for those purposes, the cost of which shall be paid by the District unless the cause for the service call, in the sole discretion of the District's designated contractor, is due to the misuse, negligence or neglect of the Lot Owner, in which instance the costs of such service call, repair or replacement shall be charged to and paid by the Lot Owner. Likewise, after installation of the exterior sewer lines on each Lot, the maintenance, repair and replacement of such lines, including service calls for problems with such lines shall be by the District's designated contractor for those purposes, in which the costs of such service call, repair or replacement shall be charged to and paid by the Lot Owner. Any provider of such services and performances shall have the free right of access to the sewer collector lines located within Lochridge Estates and any Lot outside the residence thereon for the purposes of servicing the sewer lines and pumps and an easement for such access is reserved unto the District. ARTICLE VI PROPERTY RIGHTS IN THE COMMON PROPERTIES SECTION 1. Common Amenities. The areas designated on the Plat as Landscaped Conservation Area, Detention Area and all improvements thereon, including but not limited to the privacy gate, private roadways, street lights, lake, open areas, the private sanitary sewer system, landscape entrance and medians and other common facilities, the Commons Areas, shall be owned and maintained by the District except for public utility improvements which are maintained by such public utilities. SECTION 2.Owners' Easements of Eri a ent. Every Owner shall have a right and easement of enjoyment in and to the Common Areas. This easement of enjoyment shall be appurtenant to and shall pass with the title to every Lot. SECTION 3. Title To Common Areas. The Developer agrees to convey title to the Common Areas to the District free and clear of all liens and encumbrances except applicable ad valorem taxes and 6 improvement district assessments, if any, within ten (10) years after their designation as such on the recorded plat filed in the office of the Circuit Clerk of Pulaski County, Arkansas. ARTICLE VII COVENANT FOR MAINTENANCE ASSESSMENTS SECTION 1. Creation of Lien and Personal Obligation of Assessments -and Special Assessments. Each Owner of any Lot by acceptance of a deed shall be deemed to covenant and agree, to pay to the District annual assessments or charges and periodic special assessments, as the District shall determine, together with interest and costs of collection, if any, which amounts shall be a charge on the land and shall be a continuing lien upon the Lot and run with the land Upon the final approval of the plat, and from that time through the following calendar year, the annual Lot assessments levied by the District shall be $600.00, prorated for the first partial year, and thereafter, the assessments shall be fixed by the District. Annual District assessments will be included as a separate charge on the Owners' real estate tax statement. In lieu of assessments being imposed upon Lots owned by Developer, Developer shall underwrite the reasonable costs for operation of the District that are not covered by assessments paid by owners of Lots other than Developer until eighty percent (80%) of the Subdivision's Phase I, Phase II, Phase III, and Phase IV Lots are owned by persons or entities other than Developer, then the remaining Lots owned by Developer shall be subject to the same assessments as Lots owned by others. SECTION 2. Exempt Property. Common Areas as defined in Article I, all Common Areas subsequently added to the Property and all portions of the Property owned or otherwise dedicated to any political subdivision shall be exempt from the assessment and liens of the District. ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE SECTION 1. Designation of Committee. The District shall have an Architectural Control Committee, consisting of at least three (3) and not more than five (5) members who shall be natural persons. As long as Developer shall own one (1) or more of the Lots, the members of the Architectural Control Committee, and all vacancies, shall be appointed by Developer. When Developer no longer owns one (1) Lot the members of the Architectural Control Committee, and all vacancies, shall be appointed by the Board of Directors. SECTION 2. Function of Architectural Control Committee. No improvement shall be constructed or maintained upon any Lot and no alternation or repainting to the exterior of a structure shall be made and no landscaping performed unless plans, specifications, and site plans showing the proposed improvements have been submitted to and approved in writing by the Architectural Control Committee. The Architectural Control Committee shall have the power to employ professional consultants to assist it in discharging its duties in accordance with Section 9 hereof. The decisions of the Architectural Control Committee shall be final, conclusive, and binding upon the applicant. SECTION 3. Content of Plans and Specifications. The plans and specifications to be submitted and approved shall include the following: (a) A topographical site plan showing existing contour grades and showing the location of all other improvements, structures, walks, driveways, fences, and walls. Existing and finished grades shall be shown at Lot comers and at corners of proposed improvements. Lot preparation and drainage provisions shall be indicated as well as cut and fill details if any applicable change in the lot contours is contemplated; and (b) Exterior elevations. SECTION 4. Deliiiition of "Improvements". Improvement shall mean and included all residences, buildings and roofed structures, parking areas, fences, walls, hedges, mass plantings, poles, driveways, swimming pools, recreation, sporting or exercise facilities, signs, changes in any exterior color or shape, glazing or reglazing of exterior windows with mirrored or reflective glass, and any other new exterior construction or exterior improvement which materially alters the appearance of the property. The definition does not include garden shrub or tree replacements or any other replacement or repair of any magnitude which does not materially change exterior colors or exterior appearances. SECTION 5. The Basis of Approval. Approval of plans and specifications shall be based on, among other things, adequacy of Lot dimensions, site preparation, including excavation and preparation for drainage and other purposes, structural design, conformity and harmony of external design and of location with neighboring structures to both the specific and general intent of the protective covenants. The Architectural Control Committee may establish separate architectural guidelines, which shall be approved by the Board (the "Architectural Guidelines"), and all plans and specifications must comply with any Architectural Guidelines then in force and effect. However, the Architectural Control Committee may approve exceptions to any Architectural Guidelines by a unanimous vote. SECTION 6. Majority Vote. A majority vote of the Architectural Control Committee is required for approval or disapproval or disapproval of proposed improvements. SECTION 7. Failure of Committee to Act. If the Architectural Control Committee fails to approve, disapprove, or reject as inadequate proposed plans and specifications within thirty (30) days after submittal, they shall be deemed approved. If plans and specifications are not sufficiently complete or are otherwise inadequate, the Architectural Control Committee may reject them entirely, partially or conditionally approve. SECTION 8. Limitation of Liability. Neither the Developer, the District, the Board and its members, the Architectural Control Committee nor any of its members shall be liable, in damages or otherwise, to anyone submitting plans and specifications for approval or to any owner of land affected by this Declaration by reason of mistake of judgement, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any plans and specifications. SECTION 9. Cost of Review: The Architectural control Committee will charge Owners the Architectural Control Committee's expenses incurred in exercising its functions herein including but not limited to legal, engineering and all other costs for submission and review of the Owner's building plans and specifications. ARTICLE IX 8 CONSTRUCTION REQUIREMENTS AND RESTRICTIONS SECTION 1. Type Construction of Residence. The residences in Lochridge Estates shall be of similar size and architectural style so as to create a neighborhood of architectural continuity and constructed by a builder with a current Arkansas contractor's license. All construction shall be approved by the Architectural Control Committee, in its sole and absolute discretion, as further provided for in Section VIII of this Declaration. The construction of a residence on any Lot shall be completed sufficiently for homeowner occupation with landscaping within twelve (12) months of commencement of construction — failure to so complete construction and landscaping will result in a $100.00 a day fine until so completed. Basement need not be finished out. No residence shall be erected, altered, placed or permitted to remain on any lot in Lochridge Estates other than one detached single-family residence not to exceed two and one-half stories in height and further subject to the following specific design, construction and landscaping requirements: Roof Pitch A minimum of 8' x 12' At Main Ridge Windows Wood, Wood Clad or vinyl Chimney & Fireplace Any chimney chase built are required to be brick, stone, stucco, dryvit, or siding on all four sides. No exposed chimney flue vents allowed on the front slope of any house Ceiling Height 15' Floor 9' minimum Soffit, Facia, Frieze Board, Dormer Pre -approved wood and vinyl Shingles No flat roofs shall be allowed without specific permission from the Architecture Control Committee. Roofs shall be finished with materials harmonious with the surroundings and of a complimentary color. Dimensional or texted shingles are the minimum standard for roof finishes. Lawn Bermuda or Zoysia Sod Fence According to plans approved by the Architectural Control Committee (see Section 13 following). Wrought iron and designer wood will be required where fencing fronts on or essentially parallels a street. 9 Landscape According to plans approved by Architectural Control Committee Driveways All driveways must be concrete for the entire width and length. Exterior Materials All homes must constructed with exterior of brick, stone, stucco, dryvit, wood or decorative vinyl siding or a combination thereof on all sides. SECTION 2. Setback Requirements. No residence shall be located on any Lot in front of (beyond) the front line or the side street line as shown on the Plat. No building shall be located beyond an interior Lot side line as shown on the Plat. Unless provided for to the contrary on the Plat, no principal dwelling shall be located on any lot beyond the rear Lot line. For the purposes of this covenant, eaves, steps and porches not under roofs shall not be considered as part of the building. Where two or more Lots are acquired as a single building site, the site building lines shall refer only to those bordering the adjoining property owner. SECTION 3. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any Lot in Lochridge Estates unless the finished heated living area, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall be equal to or exceed that shown in the following schedule: Lot Numbers Qne Story Minimum Sq. Ft. Multi -Story Min_ Sq. Ft. All 1,800 2,200 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. Ground floor shall mean heated and cooled living space on one level and visible from street and does not include basement, whether a walkout basement or without access. SECTION 4. Fronta e Residence on Streets. Any residence erected on any Lot in Lochridge Estates shall have its front facing the street to which the Lot is adjacent; and, on any corner Lot it shall front on the adjacent street as determined by the Architectural Control Committee. SECTION 5. Driveways for Cul-de-sac Lots. Any driveway for a Lot that fronts, wholly or partially, on a cul-de-sac drive or for a Lot that has a side Lot line that is wholly or partially adjacent to a cul-de-sac drive, shall enter and exit the Lot from or on the cul-de-sac drive and not on any other street to which the Lot is also adjacent. No other driveways to or for the said Lot or residence thereon shall be allowed unless approved in writing by the Architectural Control Committee. SECTION 6. Garages and Outbuildings Prohibited. A private attached or detached garage for not less than two nor more than four passenger vehicle bays is permitted for each Lot. Carports are not permitted. Garage doors shall remain closed except during entry and exit operation. 10 Site constructed outbuildings may be permitted at the discretion of the Architectural Control Committee. If permitted, such structures must be of a character and material consistent with the principal residence. SECTION 7. Noxious Activi . No noxious or offensive trade or activity shall be carried on upon any Lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other refuse be thrown, placed or dumped upon any vacant Lot, street, road or Common Areas, nor on any site unless placed in a container suitable for garbage pickup; nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. SECTION 8.Oil and Mineral Operations. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. SECTION 9. CesspooI. No leaching cesspool shall ever be constructed or used on any Lot. SECTION 10. Existing Structure. No existing, erected building, manufactured building or structure of any sort may be moved onto or placed on any of the above described Lots. SECTION 11. Temporary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding, can be erected on a Lot covered by these covenants or at any time be used for human habitation, temporarily or permanently. No structure of a temporary character can be used for human habitation. SECTION 12. Easements for Public Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, 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. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility or drainage easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built, or maintained within the area of such easement, no person, firm or corporation engaged in supplying public utility services shall 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. SECTION 13. Fences. No fences or enclosure of part of any building of any type of nature shall be constructed, erected, placed or maintained beyond (forward of) the front portion of the house, provided further, that the construction or use of chain link, other wire or similar fences by Owners are in all events strictly prohibited and shall not be used; provided further, that it is not the intentions of this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard. Fencing of any type must be approved by the Architectural Control Committee as provided in Section 1. Above hereof. No fencing is allowed on Lake Florence Lots except decorative iron fencing with a maximum height of five feet. For other Lots, only wrought iron or designer wooden fencing will be allowed where the fencing fronts on or essentially parallels a street. Notwithstanding the above, the Property, the Subdivision, shall be enclosed by the Developer with wrought iron on the front of the Property and Chain Link fencing on the remaining three sides, all of which shall belong to and be maintained by the District. SECTION 14. Sight Line Restrictions. No fence, wall, hedge, shrubs, trees or other plantings, shall be placed or permitted to remain on any Lot that does or reasonably could interfere with the safe operation of motor vehicles. 11 SECTION 15. PropeMi Lines and Boundaries. Iron pins have been set on all Lot corners and points of curve and all Lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat filed herewith is centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by the established pins, the pins as set shall control. SECTION 16. Driveway Obstructions. No obstruction shall be placed in the street gutter. There shall be no curb cuts unless authorized by the Architectural Control Committee. SECTION 17. Subdividing Lots. No Lot shall be subdivided. SECTION 18. Oil, Gas, and Other Minerals. Developer, for and in consideration of Ten and No/100 Dollars ($10.00), executes this Bill of Assurance upon the belief that it may own a portion of the oil, gas and minerals in and under the above described land and hereby subordinates its interest in oil, gas and other minerals to the Bill of Assurance and will not engage the use of the surface in any oil drilling, oil development operating, oil refining, quarrying or mining operations. SECTION 19. Guest Houses Servants Quarters. Guest Houses and Servants Quarters are not allowed. SECTION 20. Use of Lake Florence. No swimming or boating is allowed in Lake Florence. Fishing in the lake is permitted only from the areas so designated by the District. Owners and occupants shall not pollute or contribute to the pollution of the lake, whether through landscaping, fertilizing or otherwise. Owners and occupants are requested to please not litter the Property Common Areas. SECTION 21. Pools. Above ground pools are not allowed. Inground pools must be approved by Architectural Control Committee. SECTION 22. Changes. After Construction and landscaping are complete, any additions or changes must be first submitted to and approved by the Architectural Control Committee. ARTICLE X MAINTENANCE SECTION 1. Duty of Maintenance. Owners and occupants (including lessees) of any Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep that part of the Property so owned or occupied, including buildings, improvements and grounds in a well -maintained, safe, clean and attractive condition at all times. Maintenance includes, but is not limited to the following to achieve an aesthetically pleasing and well maintained appearance for the residences, the Lots and Lochridge Estates: (a) Prompt removal of all litter, trash, refuse, and waste. (b) Watering. (c) Keeping exterior lighting and mechanical facilities in working order. (d) Keeping garden areas alive, free of weeds, and attractive. (e) Keeping parking areas and driveways in good repair. (f) Complying with all governmental health and police requirements. (g) Repainting of improvements as needed, or as requested by the Architectural Control Committee. (h) Repair of exterior damages to improvements. (i) Exercise reasonable effort, as determined by District, to reduce or eliminate erosion and to control drainage. 12 SECTION 2. Enforcement. If, in the opinion of the District any owner or occupant has failed in any of the foregoing duties or responsibilities, then the District may provide written notice of that failure, giving the Owner or occupant ten (10) days from receipt to perform the care and maintenance required. Should any person fail to fulfill this duty and responsibility within the ten- day period, then the District through its authorized agent or agents shall have the right and power to enter onto the premises and perform needed care and maintenance without any liability for damages for wrongful, entry, trespass or otherwise to any person. The Owners and occupants (including lessees) of any part of the property on which work is performed shall jointly and severally be liable for the cost of the work and shall promptly reimburse the Association for all costs. If the District has not been reimbursed within thirty (30) days after invoicing, the indebtedness shall be a debt of all of the Owners of the Lot and occupants jointly and severally, and shall constitute a lien against that portion of the Property on which work was performed. This lien shall have the same attributes as the lien for assessments and special assessments set forth in Article VII, and the Association shall have identical powers and rights in all respects, including but not limited to the right of foreclosure. ARTICLE XI COMMON SCHEME RESTRICTIONS The following restrictions are imposed as a common scheme upon all Lots and Common Areas for the benefit of each Lot and may be enforced by any Owner or the District through any remedy available at law or in equity. 1. No garbage, refuse, rubbish, tree limbs, pine straw, leaves or cuttings shall be deposited on any street, road, or common areas not on any Lot unless placed in a container suitable for garbage pickup. Burning of any such refuse is prohibited. 2. No building material of any kind or character shall be placed upon any Lot except in connection with construction approved by the Architectural Control Committee. Construction shall be promptly commenced and diligently prosecuted. 3. No clothes lines, drying yards, service yards, wood piles or storage areas shall be so located as to be visible from a street or Common Area. 4. Any exterior lighting installed on any Lot shall either be indirect or of such controlled focus and intensity as not to disturb the residents of the adjacent property. 5. No animals or poultry shall be kept by a Lot Owner except for a maximum of three (3) ordinary household pets belonging to the household. No pit bulldog, pit bulldog mixed breed or any other mix or breed of dog known to display or displaying vicious tendency or that barks when outside the family residence to an extent that it becomes a nuisance or an irritation to other Owners and occupants of other Lots, shall be permitted to remain in Lochridge Estates. Any dogs allowed outside the residence shall be confined to the rear yard area, fenced in with fences subject to the approval of the Architectural Control Committee. Likewise, Owners and residents, may walk their dogs on leashes in Lochridge Estates, confining the dogs to the Owner's Lot, the private streets and the Common Areas. Pet owners are required to also promptly remove the properly dispose of pet waste from the private streets and Common Areas. 6. No signs, plaques or communication of any description shall be placed on the exterior of any Lot or Common Area by an Owner unless approved by the Architectural Control Committee. 13 7. No nuisances shall be allowed in Lochridge Estates nor shall any use or practice be allowed which is a source of annoyance to its resident or which interferes with their right of quiet enjoyment. 8. No immoral, improper, offensive or unlawful use shall be made of the Lot or Common Areas or any part thereof, and all valid laws, zoning, by-laws and regulations of all governmental bodies having jurisdiction shall be observed. 9. No portion of a Lot (other than the entire site) may be rented or leased and if rented or leased, then only for single family residential use. 10. No used or previously erected or temporary house, structure, house trailer or non- permanent outbuilding shall ever be placed, erected or allowed to remain on any Lot or Common Area. 11. No junk vehicle, derelict vehicle, inoperable vehicle, commercial vehicle, trailer, bus, truck, camper, camp truck, house trailer, boat or other machinery or equipment (except as may be reasonable and customary in connection with the use and maintenance of the Lot and the improvements located upon the Property and kept in an enclosed garage or storage room) shall be stored or otherwise kept upon the Property, nor (except for bona fide emergencies) shall the repair or extraordinary maintenance of automobiles or other vehicles be performed. This restriction shall not apply to vehicles, trailers, boats, machinery, equipment or the like stored and kept less for 72 hours or when kept or stored within an enclosed storage room or garage. This provision is not intended to include pickup trucks and vans up to 6,000 lbs G.V.W. and normally used for personal and family transportation. 12. All buildings built on any Lot shall comply with the setback restrictions imposed upon the Lot by the recorded Plat in the Circuit Clerk's office of Pulaski County, Arkansas, or in the deed to each purchaser of a Lot. Setback restrictions are covenants running with the land. 13. An Owner hereby grants a right of access to his Lot to the District, any managing agent of the District, and/or any other person authorized by the Board or the managing agent for the purpose of making inspections or for the purpose of correcting any conditions originating in his Lot that threatens his Lot or another Lot or any Common Area, or for the purposes of performing installations, alterations, or repairs to the parts of the Lot over which such personas have control and/or responsibility for maintenance, Requests for such access must be made in advance and entry must be at a time reasonably convenient to the Owner. In case of emergency, this right of entry shall be immediate whether or not the Owner is present. 14. All automobiles, boats, campers, recreational vehicles and self powered construction equipment shall not be parked on the street but shall be kept in an enclosed garage or the driveway. Temporary guests may park on the street or in the driveway. 15. No building shall be placed nor any material or refuse to be placed or stored upon any Lot or other parcel of land within twenty (20) feet of the edge of the lake or any watercourse. 16. The storage of building materials for a period of time in excess of three months on any Lot shall be prohibited unless the materials shall be incidental to the construction of a new residence as permitted by the Architectural Control Committee. The materials include, but are not necessarily limited to, lumber, timber, metal or waste materials. Upon noticed by the District the Lot Owner shall have ten (10) days to remove the materials all at the cost of the Owner. Such cost and expenses shall be paid to the District upon demand. 14 ARTICLE XII USE, MAINTENANCE AND PROTECTION OF COMMON PROPERTIES SECTION 1. Easements of EnigMent. Subject to the provisions of Section 3 of this Article XII, every Owner and their family shall have the right ad easement of enjoyment in and to the Common Areas. SECTION 2.Operation and Maintenance. The District shall be responsible for the operation, maintenance, repair and replacement of Common Areas. Likewise, the District shall be responsible for the maintenance of the Subdivision lots that have not been sold by the Developer to third parties for the prevention of damages resulting from storm and other natural water run off, erosion and related problems to the lots, and from the lots to the adjacent or nearby properties, and shall be responsible for repairing and otherwise correcting the damages and problems so caused by such storm or other natural water run off and any judgements or fines that may be ordered as a result of such storm or other natural water run offs. SECTION 3. Extent of Easements. The rights and easements of enjoyment created shall be subject to the following: (a) The right of the District to prescribe rules and regulations for the use, enjoyment, and maintenance of the Common Areas; (b) The right of the District to borrow money for the purpose of improving all or any part of the Common Areas, and to mortgage all or any part of the Common Areas; (c) The right of the District to take reasonable necessary steps to protect all or any part of the Common Areas against foreclosure; and (d) The right of the District to suspend the easements of enjoyment of any Owner during the time any assessment levied by the District or pursuant to this Declaration remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations. ARTICLE XIII GENERAL PROVISIONS SECTION 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, shall inure to the benefit and be enforceable by the District, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time the Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument terminating these covenants and restrictions signed by the then Owners of sixty-five (65%) of the Lots has been recorded prior to the commencement of any ten-year period. SECTION 2. Amendments. Notwithstanding the above Section 1, these covenants and restrictions may be amended at any time by the Developer for a period of ten years from the date of this Declaration so long as the Developer owns a Lot in Lochridge Estates, and also may be amended at any time during the first twenty years (20) from the date of Declaration by an instrument signed by the Owners of not less than seventy-five percent (75%) of the Lots and thereafter by an instrument signed by the Owners of not less than sixty-five percent (65%) of the Lots. Any amendment must be properly recorded. 15 SECTION 3. Notices. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been -properly sent when mailed, postpaid, to the last known address of the person who appears as Owner on the records of the District at the time of mailing. Each purchaser of a Lot shall forward a copy of his record deed to the District. SECTION 4. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants and restrictions. Failure by the District or any Owner to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so thereafter. SECTION 5. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 6. Attorney_ Fee. In any legal or equitable proceeding for the enforcement or to restrain the violation of this instrument or any provision thereof, by reference or otherwise, the prevailing party or parties shall be entitled to attorney fees in such amount as the court finds reasonable. Ives & sociates, Inc. By: &- ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF PULASKI Randall D. Ives, President On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state appeared the within named Randall D. Ives being the President, respectively, of Ives & Associates, Inc.; to me personally well known, who stated he was duly authorized in his respective capacities to execute the foregoing instrument, and further stated and acknowledged that he had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purpose therein ZW Val mentioned and set forth. { TESTIMONY70) F I have hereunto set my hand and seal this day of 1 ►�"'►y,ll+lrl�"'Notary Public 1...L) ,�".,,.,, My Cozi" m ion Expires: at No. � 2j s0 UW- expires actig�y�:� .�r�' COUNTY . • .'•�. 16 EXHIBIT "A" PROPERTY DESCRIPTION OF LOCHRIDGE ESTATES PHASE 3, AN ADDITION TO PULASKI COUNTY, ARKANSAS: A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 01 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND FIVE EIGHTHS INCH ROD USED FOR THE NORTHWEST CORNER OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 87 DEGREES 54 MINUTES 42 SECONDS EAST 231.67 FEETTO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 56 MINUTES 57 SECONDS EAST 50.33 FEET TO A POINT; THENCE SOUTH 88 DEGREES 07 MINUTES 13 SECONDS EAST 660.86 FEETTO A POINT; THENCE SOUTH 20 DEGREES 53 MINUTES 48 SECONDS EAST 276.60 FEET TO THE NORTHEAST CORNER OF LOT 79, LOCHRIDGE ESTATES PHASE 1; THENCE SOUTH 69 DEGREES 06 MINUTES 46 SECONDS WEST 130.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 79; THENCE SOUTH 83 DEGREES 51 MINUTES 40 SECONDS WEST 51.70 FEET TO THE NORTHEAST CORNER OF LOT 95, LOCHRIDGE ESTATES PHASE 1; THENCE SOUTH 65 DEGREES 01 MINUTES 49 SECONDS WEST ALONG THE NORTHERLY BOUNDARY OF SAID LOCHRIDGE ESTATES PHASE 1, 456.88 FEET TO A POINT; THENCE SOUTH 85 DEGREES 10 MINUTES 08 SECONDS WEST ALONG SAID NORTHERLY BOUNDARY, 274.37 FEETTO THE NORTHWEST CORNER OF LOT 102 OF SAID LOCHRIDGE ESTATES PHASE 1; THENCE NORTH 59 DEGREES 09 MINUTES 39 SECONDS WEST ALONG SAID NORTHERLY BOUNDARY OF LOCHRIDGE ESTATES PHASE 1, 90.05 FEET TO THE NORTHWEST CORNER OF LOT 103 OF SAID LOCHRIDGE ESTATES PHASE 1; THENCE NORTH 62 DEGREES 53 MINUTES 18 SECONDS WEST 17.98 FEET TO A CORNER OF LOT 104 OF LOCHRIDGE ESTATES PHASE 2; THENCE NORTH 22 DEGREES 23 MINUTES 18 SECONDS EAST ALONG THE EASTERLY BOUNDARY OF LOCHRIDGE ESTATES PHASE 2, 416.19 FEET TO A POINT; THENCE NORTH 30 DEGREES 26 MINUTES 48 SECONDS EAST ALONG SAID EASTERLY BOUNDARY LINE OF SAID LOCHRIDGE ESTATES PHASE 2, 67.78 FEET TO THE POINT OF BEGINNING. CONTAINING 353,804.12 SQUARE FEET OR 8.12 ACRES MORE OR LESS. City of Little Rock Planning and Development Filing Fees Date = 9 20 Annexation $ Board of Adjustment $ Cond Use Permit/ T UP $ Final Plat $ e -ro Planned Unit Dev $ Preliminary Plat $ Special Use Permit $ Rezoning � Site PlansM Street Name Change NZ OPi ql Street Name Signs Number at ea $ Public Hearing Signs Number at ea $ Total $o UU File Mn Loc Apl By