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PRESENTED 10-21-2015 03 33 49 PM RECORDED: 10-21-2015 03 39 29 PM
'= In Official Records of Larry Crane Circuit/County Clerk
BILL OF ASSURANCE PULASKI CO, AR FEE $45.00
OAK CREEK SUBDIVISION
WHEREAS, Stewart Road Estates, LLC, is the sole owner of the following described property in Pulaski
County, Arkansas, and desires to replat said lots:
LEGAL DESCRIPTION
A tract of land lying in the Southwest Quarter of the Northeast Quarter, Section 2, Township 1
North, Range 14 West, Pulaski County, Arkansas, more particularly described as follows:
Commencing at the Southwest Corner of the Southwest Quarter of the Northeast Quarter,
Section 2, Township 1 North, Range 14 West; thence South 88'08'46" East 25.00 feet to a %"
rebar and a point on the easterly right of way of Stewart Road (50.00' ROW); thence along said
right of way North 01'41'40" East 659.72 feet to a %: " rebar and Point of Beginning; thence
continuing along said right of way North 01'41'40" East 657.34 feet; thence leaving said right of
way South 87'55'38" East 970.57 feet; thence South 01`41'58" West 50.00 feet; thence South
87'55'38" East 309.64 feet; thence South 01'46'35"West 607.34 feet to a %" rebar; thence
North 87'55'38" West 1279.33 feet returning to the Point of Beginning, containing 18.957 acres,
more or less.
Desiring to protect the buyers and owners of said lands against the undesirable uses of residential property
that can detract from or deter the enhancement of the neighborhood, have caused said tract of land to be surveyed by
Wm. Allen Smith, Professional Surveyor NO. 1095, Arkansas, and Registered Professional Engineer Vernon
Williams NO. 9551, Arkansas, and have caused a plat of said lands made which is identified by the title "Oak
Creek," dividing the same into tracts and streets, filed for record with the Office of the Circuit Clerk and ex-officio
Recorder of Pulaski County, Arkansas, in Plat Book and Page and the grantor does hereby
make this Bill of Assurance, and does hereby cause the following restrictions to be recorded to make said lands
more attractive to home buyers and sound for investors. hy
p., 4 L-7—a-wn lP (p �
The grantor does hereby certify it has replatted said real estate in accordance with said plat. The lands
embraced in said plat shall be forever known as designed on said plat; and every deed of conveyance for said
property shall use this designation.
The filing of said Plat and of these Restrictive Covenants and a copy of said Plat for records in the Office of
the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and
dedication of the streets, subject to the limitations herein set out.
The land embraced in said Plat shall forever be known as OAK CREEK SUBDIVISION to Pulaski County,
Arkansas, and each and every deed of conveyance for any lot in said subdivision describing the same by the lot
number shown on said Plat shall forever be deemed a sufficient description thereof. Said owner hereby donates and
dedicates to the public forever an easement and right-of-way upon, over and across said streets as shown by said
Plat, to be used as public streets.
All buildings constructed on said lots shall be constructed no nearer to the street than the building line
shown on the plat, and all buildings shall be constructed in conformance with the Building Code and Zoning
Ordinance of the City of Little Rock, Arkansas, and the Pulaski County Subdivision and Development Code.
Said land herein platted, and any interest therein shall be held, owned and conveyed subject to and in
conformity with the following restrictive covenants, to -wit:
I. DEVELOPMENT & LAND USE. Oak Creek is a residential neighborhood, and all lots shall be used for
residential purposes only.
2. LOT AREA. As shown on plat, and under no circumstances can any lot be subdivided.
OAK CREEK SUBDIVISION — BILL OF ASSURANCE 1 of 7
3. PROPERTY OWNERS ASSOCIATION. Each Property Owner joins the Oak Creek Property Owners'
Association (hereinafter "POA") by virtue of purchasing a lot, and therefore agrees to pay all fees set forth
by the Association.
4. ARCHITECTURAL CONTROL. A committee formed by Stewart Road Estates, LLC, will be referred
to as the Architectural Design Committee (hereinafter "ADC"). After the POA assumes management of
the development from Stewart Road Estates, LLC, then the ADC, including its membership selection and
operation, will fall under control of the appropriate POA rules and guidelines.
The Bill of Assurance requires exterior design or future exterior changes to be submitted to the ADC for
approval. This includes, but is not limited to, windows, roofing, siding, columns, exterior paint color,
fencing, retaining walls, driveways, and landscaping.
5. NOXIOUS ACTIVITY. No noxious or offensive trade or activity shall be allowed 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 that may be or become an annoyance
or nuisance to the neighborhood.
6. EASEMENTS. Easements for utilities and drainage are designated on the plat. Also easements for
Property Owner's Association fencing on Lots #1 and #17 are shown on the plat.
7. MINIMIIM DWELLING SIZE. For a single story home, the minimum heated and cooled floor space
shall be 3000 square feet. For a two-story home, the minimum heated and cooled floor space shall be 3400
square feet, with a minimum of 2800 of the total square footage on the first floor. First floor ceiling height
should be a minimum of nine feet, but the ADC encourages ten feet (10') first floor ceiling height.
8. EXTERIOR RE LIME TS. The exterior of all structures shall be comprised of fiber cement siding
(Hardie Board, Certain Teed Board, etc.), brick, painted brick, or a mixture of these options. Natural stone
of fiber cement shake or shingle siding, fiber cement bat and board siding, and cedar shake may be used as
an accent on a home. Any linear fiber cement lap siding should have a minimum exposed height of no less
than six inches.
Front porches should include appropriate architectural columns. Columns must be constructed of wood and
be architecturally appropriate to the home. Columns must be shown on the architectural drawings provided
to the ADC. These columns may include a brick or rock base no greater than twenty-five percent (25%) of
the height of the total column height.
The home's foundation wall should be clad in either brick, painted brick, or rock, and should be at a
minimum height of two (2) feet from the ground. The home should have no exposed block on the
foundation wall.
The home's roof should have a minimum pitch of 10/12. A home's roof should be constructed of
architectural grade shingles and may have approved metal roofing accents.
The soffit and fascia of the home should be constructed from a metal or masonry product. Any metal
product used for the soffit or fascia should be a minimum of .019 inches in thickness.
Windows in the home should be constructed of metal or vinyl clad materials. Any grid pattern in the
windows should be shown on the architectural drawings, and must be affixed to the exterior of the glass
and be no less than one inch in width.
In the desire for character in the neighborhood, owners are encouraged to include elements of architectural
interest, which may, but are not limited to the following: working shutters, metal roof accents, shingle or
OAK CREEK SUBDIVISION — BILL OF ASSURANCE 2 of 7
shake siding, batten board siding, exposed rafter tails, exposed exterior roof trusses, or exterior gas lights or
lanterns.
Exterior of the home and all approved attachments (shutters, lattice, etc.) should be approved by the ADC.
This includes primary and accent paint colors, brick style and color, mortar colors, roof style and color,
soffit and fascia styles and colors, garage door styles and colors, and exterior window and door styles and
colors.
All exterior aspects of the home must be approved by the ADC. Any item to be added after the home's
original plans are approved by the ADC, must be approved by the ADC prior to installation_ Likewise, the
ADC must approve any change or addition to a home after the home's initial construction. Any item not
permanently connected to the home (window air conditioning unit, satellite dish, etc.) must be approved by
the ADC prior to installation.
9. ADDITIONAL STRUCTURE REQUIREMENTS. Any garage, shop, work building, storage building
or the like, must comport to the architectural style of the home and be approved by the ADC prior to
construction.
10. UTILITIES. Water must be accessed through the public water supply, and no home shall utilize drilling
equipment to access water under the property.
11. EROSION CONTROL. Erosion control shall be the responsibility of each lot owner or builder, and said
owner or builder is responsible for any permits or erosion control measures that may be required by the
Arkansas Department of Environmental Quality.
12. SEWAGE DISPOSAL. All lots must utilize a septic system, which must be approved by the Arkansas
Department of Health prior to the home's construction. It is important for home sites and driveways to be
placed within the limits of the septic system requirements, and it is important for the owner to realize that
areas designated for the septic system should not be disturbed during the construction of the home or
driveway. PROPERTY OWNERS MUST COMPLY WITH THE APPROVED HEALTH
DEPARTMENT SEPTIC SYSTEM DESIGN FOR THE PROPERTY. Any deviation or alteration from
the Health Department approved septic system design could result in significant limitations on the property
and resulting construction.
13. GREEN BELT EASEMENTS. All lots have a required twenty-five foot (25') foot green belt at the rear
of the property. No permanent structure can be built within the twenty-five foot (25') greenbelt.
Additionally, lots #1 and 917, as numbered in the plat, have a fifteen foot (15') green belt requirement on
the west side of the lot which is nearest to and adjoins Stewart Road.
14. LANDSCAPING REQUIREMENTS. Landscapes should be maintained at all times. Natural woodland
landscapes are acceptable, with a minimum of underbrush (no tree or shrub under a three inch diameter
trunk). Developed landscape beds shall be maintained.
Any area of the property that does not have a landscape bed or a natural woodland landscape shall be
sodded with grass. The lawns and ditch area shall be sodded to the edge of the road. Lawns should be
sodded to the edge of the tree line of a woodland space. Lawns shall be regularly trimmed and maintained
to keep the grass height to no more than eight inches (8").
Any swimming pool or hot tub shall be placed in the backyard of the dwelling, and shall be appropriately
and safely fenced. No above ground swimming pools shall be allowed.
The POA shall be responsible for the construction and maintenance of the landscaping within the curb
islands of the common street within the POA. Additionally, the POA shall be responsible for the costs of
any future street lighting within the public right of way. All work in public right of way will require
permitting from Pulaski County Public Works.
OAK CREEK SUBDIVISION — BILL OF ASSURANCE 3 of 7
15. SETBACK. The front of any home shall be no closer than sixty-five feet (65') from the front lot line, nor
further than ninety feet (90') from the front lot line. No building shall be located any nearer than fifteen
feet (15') to any interior lot line or side lot line. County minimum building Setback is 25'.
However, lots #1 and #17, must obtain ADC approval for home placement. Lots 48 and #9 shall have a
front setback of fifty feet (50') from the front lot line due to the incursion of the cul de sac onto those lots.
Nothing herein contained shall be construed to prevent or prohibit an owner of two or more contiguous lots
from utilizing the same as a unit for a building site, and in any such instance, any of the lot lines referred to
here in Section 15 shall be the exterior extremities of such unit, but in each instance, all minimum and
maximum set back and area requirements herein shall apply to such unit and compliance therewith is
required. Additionally, the owner shall have the lots replatted to remove the lot line prior to any
construction.
16. ENTRY WIDTH CULVERTS GATES & MAILBOXES. Driveways should be constructed of
concrete. Driveway entries should be no less than twenty feet (20') in width, and no more than twenty-four
feet (24') in width. Driveway entries with culverts should have decorative stone or brick edging on each
end of the culvert. Road culverts must meet the minimum standards required by Pulaski County.
Driveway permits must be obtained from Pulaski County Public Works, Roads and Bridges division, before
driveway installation.
Lot access and easements for driveways shall only be granted to the street in front of each respective lot,
and in no case shall any vehicular access to or from Stewart Road or Longwood Road be allowed.
The ADC must approve the installation of any driveway gates prior to installation. Driveway gates are not
permitted within the public right of way.
Mailboxes should be no closer to the road than required by the United States Postal Service delivery
requirements. Mailboxes should be shown on the site plan. Mailbox design will be selected and controlled
by the ADC and will be similar for each home in the neighborhood.
17. OUTBUILDINGS. Outbuildings should comport to the exterior guidelines and must compliment the
existing home structure's architecture. Outbuildings are restricted to the rear of the property, behind the
back building line of the primary house and shall be approved by the ADC prior to construction.
Any exterior structure must be shown on the property site plan, and the location, plans, and design must be
approved by ADC prior to construction.
18. TRAILERSIRECREATIONAL VEHICLES/ALL TERRAIN VEHICLES. Other than the primary
vehicles used regularly by the homeowners, any vehicles or trailers shall not be left outside of a storage
building for more than one week during any thirty (30) day period. Trailers, recreational vehicles, all
terrain vehicles, etc., should be housed in a storage building or covered behind a privacy fence that
comports to the fencing standards.
19. FENCING. Fencing can be constructed on the property. Any side fencing should extend to the rear of the
property line. No fence or wall shall be erected, placed, or altered on any lot forward of the front line of the
home, and shall not be constructed in the public right of way. There shall be no chain link fences erected
whatsoever.
Fencing for the front, sides, or rear of the yard must be constructed of pressure treated lumber, cedar
lumber or similar quality materials, or architectural aluminum, architectural metal, or wrought iron. Wood
fencing should be erected at a minimum of six feet in height, but cannot exceed eight feet in height. Any
wood fence should include a top cap and bottom trim that should comport to the architectural style of the
neighborhood. The ADC must approve all fencing prior to installation.
OAK CREEK SUBDIVISION — BILL OF ASSURANCE 4 of 7
The POA has a ten foot (10') easement for POA fencing across the east side of lots #1 and #17 which shall
extend forty feet (40') from the entrance and parallel to Stewart Road. This fence shall be provided and
maintained by and at the expense of the POA.
20. YARD ART, SIGNS. No yard art should be placed in front yard or front gardens. The ADC has full and
final discretion in determining what shall be construed as yard art. Commercial or political yard signs are
not allowed in the development, with the exception of signs advertising the sale or construction of the home
on the lot where the sign is placed.
21. ADDITIONAL BUILDING RE UIREMENTS/DETAIfLS. Any dwelling construction must be
completed within sixteen (16) months of the commencement of construction on that dwelling.
22. GENERAL RESTRICTIONS. No wild animals or livestock (horses, cows, goats, sheep, pigs) should be
kept on the property.
Any household pet should be maintained and contained in an appropriate enclosure, and should be kept in a
manner so as to not make the pet a nuisance to the neighborhood. This specifically includes any noise
naturally made by the pet. The neighborhood residents must comply with the appropriate governmental
noise ordinances in effect for the neighborhood.
No lot shall be used for dumping trash, garbage, yard debris, or other waste. Accumulated yard waste
should be removed from any lot on a regular basis, not less than what is available through the county or
commercial services.
No building or any other permanent structure of improvement of any kind shall be built or maintained
within the area of any of the easements, and no alteration, including grading, filling, excavation or other
site work may be done within the area of any of the easements shown on the plat which may damage or
interfere with the installation and maintenance of utilities or which may change the direction of flow of
drainage channels, or that may obstruct or retard the flow of water through drainage channels; and, in the
event any such obstruction is placed thereon in violation of this restriction and reservation, no public
authority will be liable for destruction of same in maintaining or repairing its line located within the
easement area. Easements, including drainage channels, shall be generally maintained by the Owner of the
lot over which the easement or drainage channel is platted except for improvements installed in those
easements for which a public authority or utility is responsible.
Maintenance and repair of the common areas including the detention pond, the median landscaping, and the
entrance signage, shall be the responsibility of the POA.
All traffic exiting to Stewart Road from Oak Creek Place shall make a right turn only onto Stewart Road.
23. ENFORCEMENT AND LEGAL REMEDY. Stewart Road Estates, LLC, and the Oak Creek Property
Owners' Association shall have the right to enforce the requirements set within the Bill of Assurances, or
additional restrictions or requirements set by the appropriate and functioning POA. Enforcement may
include adjudication of the matter in a court of competent jurisdiction in the State of Arkansas.
A. LAW: Enforcement shall be by proceedings at law or in equity against any person or persons violating
or attempting to violate any covenant, either to restrain violations, to recover damages, or both.
Covenants are for the use, convenience, and protection of all property owners.
i. Declarant, POA, or any individual lot owner may act to enforce the covenants; none of the
foregoing, however, are obligated to do so, except the POA shall have the obligation of
enforcing the provisions of the associations by-laws and covenants.
I Declarant and the POA, together or separately, or through authorized agents or employees
further the right, whenever there shall have been an apparent violation of one or more of the
provisions of these covenants and after seven (7) days notice to owner, to enter upon the
property where such violations exist and summarily abate or remove the same at the expense
of the owner and such entry and abatement or removal shall not be deemed a trespass.
OAK CREEK SUBDIVISION — BILL OF ASSURANCE 5 of 7
iii. Property owners in Oak Creek expressly agree to abide by injunctions without necessity of
bond, in order to simplify judicial proceedings to remedy covenant violations. In addition, if
a judicial action is necessary to prohibit a covenant violation, and a violation is established,
the violator(s) shall pay and agree(s) to pay all cost of the enforcement proceeding, including
all attorney fees, trial and pretrial expenses, including expert witnesses, depositions,
discovery, and court costs. Further, the violator(s) shall pay and agree(s) to pay all such fees,
expenses, and cost arising from any counter claim or cross claim against the POA or member
of the ADC or Board of Directors, either individually or in their capacity as ADC members,
arising from any such violation. As a matter of contract in these covenants, the members of
the Oak Creek POA are exempt from liability, and there shall be no award of attorney's fees,
court costs or any other costs of dispute resolution to any property owner based on "prevailing
party" or other legal theory.
B. PRECEDENTS: The failure to enforce any right, reservation, restriction, or condition contained
herein, however long continued, shall not be deemed a precedent or a waiver of the right to do so
thereafter as to the same breach or as to a breach occurring prior to or subsequent thereto and shall not
bar or affect its enforcement. The invalidation by any court of any restriction herein contained shall
not in any way affect any of the other restrictions but they shall remain in full force and effect.
C. FUNDS: At the discretion of the Oak Creek POA Board, funds received from the association's annual
dues may be used for the enforcement of the protective covenants and other normal costs and expenses
of the POA, including, but not limited to paying legal or other expenses involved in enforcing these
covenants. Failure of the POA to use these funds to enforce a covenant violation shall not preclude an
individual lot owner from bringing suit to enforce these covenants.
D. LIENS: Non payment of dues, fines, or fees incurred by the POA in enforcing correction of a bona -
fide violation of these covenants, shall result in a recorded lien being placed on the lots and lot interest
owned by the violator, including improvements thereon, said lien to bear interest at the maximum rate
allowed by law. The POA is empowered to file such a lien if within thirty (30) days of written
notification to the owner of amount due; owner hasn't made payment in full. Such lien shall run with
the land unless said property is repossessed by the POA, it's successors or assigns, in which case the
lien shall become null and void and shall be hereby release at that time. Continued failure to pay such
liens may result in foreclosure on the entire property in order to enforce payment.
E. REMEDIAL PROCESS:
i. The POA Board generally expects to amicably resolve violations and disputes regarding
interpretation of the Standard through straightforward discussions with members.
ii. After reasonable attempts to resolve a violation have been exhausted, including the
opportunity for a hearing, the POA Board will select the appropriate remedy and notify the
member of such action. The Board is hopeful that members will act as good neighbors and
therefore minimize the time and expense associated with unpleasant legal remedies.
iii. Oak Creek POA Remedies. The POA shall have the right to enforce, by any proceeding at
law or in equity, all restrictions, conditions, reservations, liens, and charges now or hereafter
imposed by the provisions of these covenants. Failure by the POA to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter. Remedies include but are not limited to: (a) Obtaining a Restraining Order to
prevent an action; (b) Obtaining a Court Order to require the homeowner to remove a project;
(c) Imposing a daily fine of up to $100 per day for each day the violation remains.
24. TERMS AND MODIFICATION. The covenants are to run with the land and shall be binding on all
parties and all persons claiming under them. Any or all the covenants, provisions, or restrictions set forth
in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in part, by
a written instrument signed and acknowledged by owner or owners of more than seventy-five percent
(75%), as it may exist at such time. Each covenant in this instrument, unless expressly provided otherwise,
shall remain in full force and effect until January 1, 2045, after which time each covenant in this instrument
shall be automatically extended for successive periods of ten (10) years unless an instrument terminating
the covenants signed by the then owners of seventy-five percent (75%) of the lots in Oak Creek has been
recorded prior to the commencement of any ten-year period.
OAK CREEK SUBDIVISION — BILL OF ASSURANCE 6 of 7
25. SEVERABILITY. Invalidation of any of these covenants by judgment or court order shall in no way
affect any of the other provisions hereof, which shall remain in full force and effect.
WITNESS our hands and seals this
STATE OF ARKANSAS)
COUNTY OF PULASKI)
day of October, 2015.
(Robert Schmitt)
Stewart Road Estates, LLC
ACKNOWLEDGEMENT
On this a 1 e day of October, 2015, before me a Notary Public, duly Commissioned, qualified and acting
within and for the County and State appeared in person the within named and to me personally well known, who
stated that he is fully authorized in his respective capacity to execute the foregoing instrument further stated and
acknowledge 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 ail 9� day of October, 2015.
My commission expires: g- 1e�!
11
a '
MARY F. TUTT
MY COMMISSION S 12360276 ,
EXPIRES: May 8.2
County !
Dallas
Notary Mblic
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OAK CREEK SUBDIVISION — BELL OF ASSURANCE 7 of 7
James, Donna
From:
Jim Cranor <jcranor@pulaskicounty.net>
Sent:
Wednesday, October 21, 2015 12:30 PM
To:
Robert Schmitt
Cc:
John Burton; Daniel Phillips; Van McClendon; James, Donna
Subject:
Re: [Bulk/Spam] Re: Oak Creek Subdivision
Ok. That email will suffice. We can proceed with signing.
Typically, LR wants the County to sign first. When do you want to come by?
Jim
Jim Cranor
Plans Review Coordinator
Pulaski County Planning and Development
3200 Brown Street
Little Rock, AR 72204
501-340-8265
From: Robert Schmitt <robertnschmitt@gmail.com>
Sent: Wednesday, October 21, 2015 12:27 PM
To: Jim Cranor
Cc: John Burton; Daniel Phillips; Van McClendon; James, Donna
Subject: [Bulk/Spam] Re: Oak Creek Subdivision
Jim- please see email below with Bond attached. Andy indicates he has already cleared that issue with
someone at Pulaski County. Can you check and see if this last questioned hadn't already been addressed?
Also, is it ok for Donna James to sign today and let me bring play to you for final signatures after bond is ok'd?
Thanks
Sent from my iPhone
On Oct 21, 2015, at 12:12 PM, Jim Cranor < cranor ulaskicount .net> wrote:
All,
All Pulaski County comments regarding the B.O.A and Final Plat have been have been addressed
by the applicant except as noted below:
Per my phone discuss with Danny at Hertzfeld Insurance, Pulaski County needs verification that
the Bond provided
will be renewed at the end of the first year. The invoice provided by Mr. Schmitt notes that a 2-
year bond is being paid
for, but the bond text states only for 1 year.
Thanks
1
Jim
Jim Cranor
Plans Review Coordinator
Pulaski County Planning and Development
3200 Brown Street
Little Rock, AR 72204
501-340-8265
From: Robert Schmitt <robertnschrnitt@gmail.com>
Sent: Wednesday, October 21, 2015 11:48 AM
To: Jim Cranor
Subject: Fwd: Attached Image
Sent from my iPhone
Begin forwarded message:
From: James Helmich <handhinc@swbell.net>
Date: October 20, 2015 at 9:17:26 AM CDT
To: Robert Schmitt <robertnschmitt mail.com>
Subject: Fw: Attached Image
Reply -To: James Helmich <handhinc@swbell.net>
On Tuesday, October 20, 2015 8:57 AM, Andy Herzfeld <andyh(a_)herzfeld-
insurance.com> wrote:
This is a one year it will renew and you will get another one year. The
premium is for both years. Pulaski county was Ok with doing it this way.
Andy
-----Original Message -----
From: Danny Perrett[mailto:dannyglakesidebrokerage.com]
Sent: Tuesday, October 20, 2015 8:36 AM
To: Andy Herzfeld <andyh@herzfeld-insurance.co_m>
Subject: Fwd: Attached Image
Sent from my iPhone
PRIVILEGED AND CONFIDENTIAL: This email may contain information
2
that is
confidential, private, proprietary, or otherwise privileged and is intended
exclusively for the person(s) to whom it is addressed. Unauthorized use,
retention, distribution or copying is strictly prohibited and may be
unlawful. If you are not the intended recipient or their designee, please
notify the sender immediately by return email and delete all copies.
This email has been checked for viruses by Avast antivirus software.
httos://www.avast.com/antivirus
Arkansas Department of Health
4815 West Markham Street • Little Rock, Arkansas 72205-3867 • Telephone (501) 661-2000
Governor Mike Beebe
Nathaniel Smith, MD, MPH, Director and State Health Ortieer
Engineering Section, Slot37 Ph 501-661-2623 Fax 501-661-2032
www.healthy.arkansas,gov After Hours Emergency 501-661-2136
January 7, 2015
Vernon J. Williams PE
GarNat Engineering, LLC
PO Box 116
Benton, Arkansas 72018
RE: Stewart Road Estates (19 Lots) — Water Extension
Little Rock, Pulaski County
ADH Project. No. 88929
Dear Mr. Williams:
The plans for the above -captioned project dated 1-6-15, and submitted to the Engineering
Section on 1-7-15, have been reviewed and are here by approved with the following conditions:
The Engineering Section relied upon the statements and representations made in the
engineer's report, plans and specifications. In case any statement or representation in the
aforementioned documents is found to be incorrect, this Approval may be revoked.
2, There shall be no deviation from the plans and specifications unless revised plans and
specifications have been first submitted for review and written consent given.
The review and approval of the plans and specifications were for functional and sanitary
features and in no way constitute an analysis of the structural design.
4. If construction on this project is not started within one year of the date affixed hereto, this Letter
of Approval is void.
5. Construction shall be performed according to the Central Arkansas Water standard
specifications and details.
6. Construction inspection for this project shall be the responsibility of Vernon J. Williams PE
(GarNat Engineering).
7. All materials and components installed after January 3, 2014 in drinking water systems are
required to comply with the federal definition of "lead free" contained in Public Law 111-
380.
nYtlA
U.plmeIN40I T4MAM
v;J. Williams, P.E, January 7, 2015 (ADH Project #88929) Page 2 of 2
8. Please contact the Pulaski County Environmental Health Specialist for review and approval
of individual sewage disposal systems. Please refer to the January 5, 2015 letter from J. Terry
Paul to Robert Schmitt for information regarding the proposed onsite sewage disposal
systems.
One set of the plans is being retained for our files and a copy is being returned to you. When
submitting correspondence pertaining to this project, please include our reference number 88929,
Sincerely,
Lance saes, P.E.
Chief gineer
Engineering Section
LAJ: RDA: SO sgb
S64
cc: Central Arkansas Water (PWS 465)
Randal Neill, Pulaski County Environmental Health Specialist
Terry Paul, R.S., ADH, Environmental Health Branch Chief
ADH Protective Health Codes
Robert L. Goff, Earthtech (PO Box 73; Vilonia, AR 72173)
A
r Arkansas Department of Health
4 4815 West Markham Street — Slot 46 • Little Rock, Arkansas 72205-3867 a Telephone (501) 661-2171
0> Governor Mike Beebe
14 Nathaniel Smith, MD, MPH, Director and State Health Officer
January 5, 2015
Robert Schmitt
Stewart Road Estates LLC
45 Ranch Rd,
Little Rock, AR 72223
RE: Stewart Road Estates LLC
Proposed Lots 1-19
Dear Mr. Schmitt:
The soil conditions submitted by Robert Goff, PSC, have been reviewed and verified by staff and
require the following for final approval:
1. It must remain the individual property owner's responsibility to maintain and operate
any and all onsite systems. (The Property Owner's Association could benefit by using
a single provider of this service.)
2. Lots in the subdivision have been preliminarily approved for three bedroom homes as
required by the Arkansas Department of Health Rules and Regulations Pertaining to
Onsite Wastewater. Any homes larger than three bedrooms may require drip dispersal
systems as outlined in the Drip Dispersal Rules and Regulations. Potential property
owners should be completely aware of the expense of drip dispersal systems or any
type of onsite system proposed.
3. Treatment units capable of producing Class 1 quality effluent must be used with any
drip dispersal system. It is recommended by the Department that Drip Dispersal
Systems when utilized on any lots shall have both primary and secondary areas
installed, due to the specialized equipment and relatively inexpensive tubing.
4. All individual lots will have a suitable primary system location and secondary system
location marked by orange colored metal posts that must be maintained until the
system is installed.
5. Wells drilled for irrigation or geothermal heating and air conditioning may interfere
with the proposed primary and secondary areas and they should be limited or properly
sited.
6. Driveways and culverts must be located to minimize any damage to primary or
secondary areas. Culvert and driveway location should be addressed by the developer
on each lot.
7. Excavation and or clearing of these lots have the potential of severely damaging these
soils and rendering them useless for onsite systems. Preservation of these sites by
geo-location and marked posts must be maintained until installation.
8. The subdivision, due to the preliminary submittal prior to December 1 St has been
reviewed under the 2012 Onsite Wastewater Regulation.
9. All lots will require an individual permit and will stand on its own merits for final
permit approval.
10. The final approval of this subdivision does not constitute approval for any other
aspect of this subdivision except the overall suitability of onsite systems.
The Department has determined onsite systems to be the best available option for treatment and
renovation of wastewater in this subdivision. The Department reserves the right to comment on
any other treatment or disposal scheme not in the best interest of public health.
Si�cerely
1
J., Terry Paul, Rn�tt
VnvironmentalBranch Chief
Arkansas Department of Health
Cc: Randal Neill, R.S, Environmental Health Program Specialist
North Little Rock Health Unit
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: STEWART ROAD ETATES FINAL PLAT
INSPECTOR REPORT
1 have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improvements remain uncompleted and a punch list has been prepared and sent.
Engineering Specialist Date:
ADDRESSING SPECIALIST REPORT
1 have reviewed the plat and find that the street names and street configuration are acceptaule.
Addressing Specialist Nate:
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, striping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
street signs should be ordered and billed to developer. Work orders have been prepared for signage.
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Approved engineering drawings for streetlight system have been received and approved. Applicant is
responsible to furnish as -built drawings once streetlights have been installed. l
11--�� Traffic Engineer Date:
CIVIL , NGINEER REPORT
1 have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
As -built drainage plans in electronic form have been submitted.
All other requirements for final plat approval have been satisfied.
' AD r Civil Engineer I/II Date: S
SURVEYOR REPORT
l have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
Surveyor Date:
MANAGER APPROVAL
All ivil Engineering requirements for filing this final plat have been satisfi
Date: '0)jT
�v
Design Review Engineer/Civil Engineering Manager
t:fiective: October 12, 201 i
BILL OF ASSURANCE
OAK CREEK PLACE
WHEREAS, Stewart Road Estates, LLC, is the sole owner of the following described property in the city
of Little Rock, Pulaski County, Arkansas, and desires to replat said lots:
LEGAL DESCRIPTION
A tract of land lying in the Southwest Quarter of the Northeast Quarter, Section 2, Township 1
North, Range 14 West, Pulaski County, Arkansas, more particularly described as follows:
Commencing at the Southwest Corner of the Southwest Quarter of the Northeast Quarter,
Section 2, Township 1 North, Range 14 West; thence South 88*08'46" East 25.00 feet to a h"
rebar and a point on the easterly right of way of Stewart Road (50.00' ROW); thence along said
right of way North 01'41'40" East 659.72 feet to a %" rebar and Point of Beginning; thence
continuing along said right of way North 01"41'40" East 657.34 feet; thence leaving said right of
way South 87`55'38" East 970.57 feet; thence South 01"41'58" West 50.00 feet; thence South
87'55'38" East 309.64 feet; thence South 01'46'35"West 607.34 feet to a M" rebar; thence
North 87"55'38" West 1279.33 feet returning to the Point of Beginning, containing 18.957 acres,
more or less.
Desiring to protect the buyers and owners of said lands against the undesirable uses of residential property
that can detract from or deter the enhancement of the neighborhood, have caused said tract of land to be surveyed by
Wm. Allen Smith, Professional Surveyor NO. 1095, Arkansas, and Registered Professional Engineer Vernon
Williams NO. 9551, Arkansas, and have caused a plat of said lands made which is identified by the title "Stewart
Road Estates," dividing the same into tracts and streets, filed for record with the Office of the Circuit Clerk and ex-
officio Recorder of Pulaski County, Arkansas, in Plat Book and Page and the grantor does
hereby make this Bill of Assurance, and does hereby cause the following restrictions to be recorded to make said
lands more attractive to home buyers and sound for investors.
The grantor does hereby certify it has replatted said real estate in accordance with said plat. The lands
embraced in said plat shall be forever known as designed on said plat; and every deed of conveyance for said
property shall use this designation.
The filing of said Plat and of these Restrictive Covenants and a copy of said Plat for records in the Office of
the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and
dedication of the streets, subject to the limitations herein set out.
The land embraced in said Plat shall forever be known a OAK CREEK PLACE to the city of Little Rock,
Arkansas, and each and every deed of conveyance for any lot in said subdivision describing the same by the lot
number shown on said Plat shall forever be deemed a sufficient description thereof. Said owner hereby donates and
dedicates to the public forever an easement and right-of-way upon, over and across said streets as shown by said
Plat, to be used as public streets.
All buildings constructed on said lots shall be constructed no nearer to the street than the building line
shown on the plat, and all buildings shall be constructed in conformance with the Building Code and Zoning
Ordinance of the City of Little Rock, Arkansas.
Said land herein platted, and any interest therein shall be held, owned and conveyed subject to and in
conformity with the following restrictive covenants, to -wit:
1. DEVELOPMENT & LAND USE. Oak Creek is a residential neighborhood, and all lots shall be used for
residential purposes only.
2. LOT AREA. As shown on plat, and under no circumstances can any lot be subdivided.
OAK CREEK PLACE — BILL OF ASSURANCE 1 of 6
3. NOXIOUS ACTIVITY. 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 that may be or become an annoyance
or nuisance to the neighborhood.
4. EASEMENTS. Easements for utilities and drainage are designated on the plat. Also easements for
Property Owner's Association fencing on Lots #1 and #17 are shown on the plat.
5. MINIMUM DWELLING SIZE. For a single story home, the minimum heated and cooled floor space
shall be 3000 square feet. For a two-story home, the minimum heated and cooled floor space shall be 3400
square feet, with a minimum of 2800 of the total square footage on the first floor. First floor ceiling height
should be a minimum of nine feet, but the Oak Creek Property Owner's Association Architectural Design
Committee (hereafter referred to as the "ADC") encourages ten feet (10') first floor ceiling height.
6. EXTERIOR REQUIREMENTS. The exterior of all structures shall be comprised of fiber cement siding
(Hardie Board, Certain Teed Board, etc.), brick, painted brick, or a mixture of these options. Natural stone
of fiber cement shake or shingle siding, fiber cement bat and board siding, and cedar shake may be used as
an accent on a home. Any linear fiber cement lap siding should have a minimum exposed height of no less
than six inches.
Front porches should include appropriate architectural columns. Columns must be constructed of wood and
be architecturally appropriate to the home. Columns must be shown on the architectural drawings provided
to the Architectural Design Committee. These columns may include a brick or rock base no greater than
twenty-five percent (25%) of the height of the total column height.
The home's foundation wall should be clad in either brick, painted brick, or rock, and should be at a
minimum height of two (2) feet from the ground. The home should have no exposed block on the
foundation wall.
The home's roof should have a minimum pitch of 10/12. A home's roof should be constructed of
architectural grade shingles and may have approved metal roofing accents.
The soffit and fascia of the home should be constructed from a metal or masonry product. Any metal
product used for the soffit or fascia should be a minimum of .019 inches in thickness.
Windows in the home should be constructed of metal or vinyl clad materials. Any grid pattern in the
windows should be shown on the architectural drawings, and must be affixed to the exterior of the glass
and be no less than one inch in width.
In the desire for character in the neighborhood, owners are encouraged to include elements of architectural
interest, which may, but are not limited to the following: working shutters, metal roof accents, shingle or
shake siding, batten board siding, exposed rafter tails, exposed exterior roof trusses, or exterior gas lights or
lanterns.
Exterior of the home and all approved attachments (shutters, lattice, etc.) should be approved by the ADC.
This includes primary and accent paint colors, brick style and color, mortar colors, roof style and color,
soffit and fascia styles and colors, garage door styles and colors, and exterior window and door styles and
colors.
All exterior aspects of the home must be approved by the ADC. Any item to be added after the homes
original plans are approved by the ADC, must be approved by the ADC prior to installation. Likewise, the
ADC must approve any change or addition to a home after the home's initial construction. Any item not
permanently connected to the home (window air conditioning unit, satellite dish, etc.) must be approved by
the ADC prior to installation.
OAK CREEK PLACE — BILL OF ASSURANCE 2 of 6
7. ADDITIONAL STRUCTURE REQUIREMENTS. Any garage, shop, work building, storage building
or the like, must comport to the architectural style of the home and be approved by the ADC prior to
construction.
8. UTILITIES. Water must be accessed through the public water supply, and no home shall utilize drilling
equipment to access water under the property.
9. EROSION CONTROL. Erosion control shall be the responsibility of each lot owner or builder, and said
owner or builder is responsible for any permits or erosion control measures that may be required by the
Arkansas Department of Environmental Quality.
10. SEWAGE DISPOSAL. All lots must utilize a septic system, which must be approved by the Arkansas
Department of Health prior to the home's construction. It is important for home sites and driveways to be
placed within the limits of the septic system requirements, and it is important for the owner to realize that
areas designated for the septic system should not be disturbed during the construction of the home or
driveway. PROPERTY OWNERS MUST COMPLY WITH THE APPROVED HEALTH
DEPARTMENT SEPTIC SYSTEM DESIGN FOR THE PROPERTY. Any deviation or alteration from
the Health Department approved septic system design could result in significant limitations on the property
and resulting construction.
11. GREEN BELT EASEMENTS. All lots have a required twenty-five foot (25') foot green belt at the rear
of the property. No permanent structure can be built within the twenty-five foot (25') greenbelt.
Additionally, lots #1 and #17, as numbered in the plat, have a fifteen foot (15') green belt requirement on
the west side of the lot which is nearest to and adjoins Stewart Road.
12. LANDSCAPING RE U REMENTS. Landscapes should be maintained at all times. Natural woodland
landscapes are acceptable, with a minimum of underbrush (no tree or shrub under a three inch diameter
trunk). Developed landscape beds shall be maintained.
Any area of the property that does not have a landscape bed or a natural woodland landscape shall be
sodded with grass. The lawns and ditch area shall be sodded to the edge of the road. Lawns should be
sodded to the edge of the tree line of a woodland space. Lawns shall be regularly trimmed and maintained
to keep the grass height to no more than eight inches.
Any swimming pool or hot tub shall be placed in the backyard of the dwelling, and shall be appropriately
and safely fenced.
13. SETBACK. The front of any homes shall be no closer than sixty-five feet (65') from the edge of the road
(or front of lot), nor further than ninety feet (90') from the edge of the road (or front of lot). No building
shall be located any nearer than fifteen feet (15') to any interior lot line or side lot line.
However, lots #1 and #17, must obtain ADC approval for home placement. Lots #8 and #9 shall have a
front setback of fifty feet (50') from the edge of the road (or front of the lot) due to the incursion of the cul
de sac onto those lots.
Nothing herein contained shall be construed to prevent or prohibit an owner of two or more contiguous lots
from utilizing the same as a unit for a building site, and in any such instance, any the lot lines referred to
here in Section 13 shall be the exterior extremities of such unit, but in each instance, all minimum and
maximum set back and area requirements herein shall apply to such unit and compliance therewith is
required.
14. ENTRY WIDTH, CULVERTS,_ GATES & MAILBOXMS. Driveways should be constructed of
concrete. Driveway entries should be no less than sixteen feet (16') in width, and no more than twenty-four
OAK CREEK PLACE — BILL OF ASSURANCE 3 of 6
feet (24') in width. Driveway entries with culverts should have decorative stone or brick edging on each
end. Road culverts must meet the minimum standards required by Pulaski County,
The ADC must approve the installation of any driveway gates prior to installation.
Mailboxes should be no closer to the road than required by the United States Postal Service delivery
requirements. Mailboxes should be shown on the site plan. Mailbox design will be selected and controlled
by the ADC and will be similar for each home in the neighborhood.
15. OUTBUILDINGS. Outbuildings should comport to the exterior guidelines and must compliment the
existing home structure's architecture. Outbuildings are restricted to the rear of the property, behind the
back building line of the primary house and shall be approved by the ADC prior to construction.
Any exterior structure must be shown on the property site plan, and the location, plans, and design must be
approved by ADC prior to construction.
16. TRAILERS/RECREATIONAL VEHICLES/ALL TERRAIN VEHICLES. Other than the primary
vehicles used regularly by the homeowners, any vehicles or trailers shall not be left outside of a storage
building for more than one week during any thirty (30) day period. Trailers, recreational vehicles, all
terrain vehicles, etc., should be housed in a storage building or covered behind a privacy fence that
comports to the fencing standards.
17. FENCING. Fencing can be constructed on the property. Any side fencing should extend to the rear of the
property line. No fence or wall shall be erected, placed, or altered on any lot forward of the front line of the
home unless approved prior to installation by the ADC. There shall be no chain link fences erected
whatsoever.
Fencing for the front, sides, or rear of the yard must be constructed of pressure treated lumber, cedar
lumber or similar quality materials, or architectural aluminum, architectural metal, or wrought iron. Wood
fencing should be erected at a minimum of six feet in height, but cannot exceed eight feet in height. Any
wood fence should include a top cap and bottom trim that should comport to the architectural style of the
neighborhood. The ADC must approve all fencing prior to installation.
The Property Owner's Association has a ten foot (10') easement for POA fencing across the east side of
lots #1 and #17 which shall extend forty feet (40') from the entrance and parallel to Stewart Road. This
fence shall be provided and maintained by and at the expense of the POA.
18. YARD ART, SIGNS. No yard art should be placed in front yard or front gardens. The ADC has full and
final discretion in determining what shall be construed as yard art. Commercial or political yard signs are
not allowed in the development, with the exception of signs advertising the sale or construction of the home
on the lot where the sign is placed.
19. ARCHITECTURAL CONTROL. A committee formed by Stewart Road Estates, LLC, will be referred
to as the Architectural Design Committee, referred to herein as the ADC. If a Property Owners Association
(POA) is created by homeowners and takes over the management of the development from Stewart Road
Estates, LLC, then the ADC, including its membership selection and operation, will fall under control of
the appropriate POA rules and guidelines
The Bill of Assurance requires exterior design or fixture exterior changes to be submitted to the ADC for
approval. This would include: windows, roof, siding, columns, exterior paint color, fencing, retaining
walls, driveways, and landscaping.
20. ADDITIONAL BUILDING REQUIREMENTSIDETAILS, Any dwelling construction must be
completed within sixteen (16) months of the commencement of construction on that dwelling.
OAK CREEK PLACE — BILL OF ASSURANCE 4 of 6
21. GENERAL RESTRICTIONS. No wild animals or livestock (horses, cows, goats, sheep, pigs) should be
kept on the property.
Any household pet should be maintained and contained in an appropriate enclosure, and should be kept in a
manner so as to not make the pet a nuisance to the neighborhood. This specifically includes any noise
naturally made by the pet. The neighborhood residents must comply with the appropriate governmental
noise ordinances in effect for the neighborhood.
No lot shall be used for dumping trash, garbage, yard debris, or other waste. Accumulated yard waste
should be removed from any lot on a regular basis, not less than what is available through the county or
commercial services.
22. ENFORCEMENT AND LEGAL REMEDY. Stewart Road Estates, LLC, and the Oak Creek Property
Owners' Association shall have the right to enforce the requirements set within the Bill of Assurances, or
additional restrictions or requirements set by the appropriate and functioning POA. Enforcement may
include adjudication of the matter in a court of competent jurisdiction in the State of Arkansas.
A. LAW: Enforcement shall be by proceedings at law or in equity against any person or persons violating
or attempting to violate any covenant, either to restrain violations, to recover damages, or both.
Covenants are for the use, convenience, and protection of all property owners.
i. Declarant, Oak Creek Place Property Owners' Association, or any individual lot owner may
act to enforce the covenants; none of the foregoing, however, are obligated to do so, except
the POA shall have the obligation of enforcing the provisions of the associations by-laws and
covenants.
ii. Declarant and the POA, together or separately, or through authorized agents or employees
further the right, whenever there shall have been an apparent violation of one or more of the
provisions of these covenants and after seven (7) days notice to owner, to enter upon the
property where such violations exist and summarily abate or remove the same at the expense
of the owner and such entry and abatement or removal shall not be deemed a trespass.
iii. Property owners in Oak Creek Place expressly agree to abide by injunctions without necessity
of bond, in order to simplify judicial proceedings to remedy covenant violations. In addition,
if a judicial action is necessary to prohibit a covenant violation, and a violation is established,
the violator(s) shall pay and agree(s) to pay all cost of the enforcement proceeding, including
all attorney fees, trial and pretrial expenses, including expert witnesses, depositions,
discovery, and court costs. Further, the violator(s) shall pay and agree(s) to pay all such fees,
expenses, and cost arising from any counter claim or cross claim against the POA or member
of the ADC or Board of Directors, either individually or in their capacity as ADC members,
arising from any such violation. As a matter of contract in these covenants, the member of the
Oak Creek Place POA are exempt from liability, and there shall be no award of attorney's
fees, court costs or any other costs of dispute resolution to any property owner based on
"prevailing party" or other legal theory.
B. PRECEDENTS: The failure to enforce any right, reservation, restriction, or condition contained
herein, however long continued, shall not be deemed a precedent or a waiver of the right to do so
thereafter as to the same breach or as to a breach occurring prior to or subsequent thereto and shall not
bar or affect its enforcement. The invalidation by any court of any restriction herein contained shall
not in any way affect any of the other restriction but they shall remain in full force and effect.
C. FUNDS: At the discretion of the Oak Creek Place POA Board, funds received from the association
annual dues may be used for the enforcement of the protective covenants and other normal costs and
expenses of the POA, including, but not limited to paying legal or other expenses involved in enforcing
these covenants. Failure of the POA to use these funds to enforce a covenant violation shall not
preclude an individual lot owner from bringing suit to enforce these covenants.
D. LIENS: Non payment of dues, fines, or fees incurred by the POA in enforcing correction of a bona -
fide violation of these covenants, shall result in a recorded lien being placed on the lots and lot interest
owned by the violator, including improvements thereon, said lien to bear interest at the maximum rate
allowed by law. The POA is empowered to file such a lien if within thirty (30) days of written
notification to the owner of amount due; owner hasn't made payment in full. Such lien shall run with
OAK CREEK PLACE — BILL OF ASSURANCE 5 of 6
the land unless said property is repossessed by the POA, it's successors or assigns, in which case the
lien shall become null and void and shall be hereby release at that time. Continued failure to pay such
liens may result in foreclosure on the entire property in order to enforce payment.
E. REMEDIAL PROCESS:
i. The Board/ADC generally expects to amicably resolve violations and disputes regarding
interpretation of the Standard through straightforward discussions with members.
ii. After reasonable attempts to resolve a violation have been exhausted, including the
opportunity for a hearing, the Board/ADC will select the appropriate remedy and notify the
member of such action. The Board is hopeful that members will act as good neighbors and
therefore minimize the time and expense associated with unpleasant legal remedies.
iii. Oak Creek Place POA Remedies. The POA shall have the right to enforce, by any proceeding
at law or in equity, all restrictions, conditions, reservations, liens, and charges now or
hereafter imposed by the provisions of these covenants. Failure by the POA to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver of the right to
do so thereafter. Remedies include but are not limited to: (a) Obtaining a Restraining Order to
prevent an action; (b) Obtaining a Court Order to require the homeowner to remove a project;
(c) Imposing a daily fine of up to $100 per day for each day the violation remains.
23. TERMS AND MODIFICATION. The covenants are to run with the land and shall be binding on all
parties and all persons claiming under them. Any or all the covenants, provisions, or restrictions set forth
in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in part, by
a written instrument signed and acknowledged by owner or owners of more than seventy-five percent
(75%), as it may exist at such time. Each covenant in this instrument, unless expressly provided otherwise,
shall remain in full force and effect until January 1, 2045, after which time each covenant in this instrument
shall be automatically extended for successive periods of ten (10) years unless an instrument terminating
the covenants signed by the then owners of seventy-five percent (75%) of the lots in Oak Creek Place has
been recorded prior to the commencement of any ten-year period.
24. SEVERABILITY. Invalidation of any of these covenants by judgment or court order shall in no way
affect any of the other provisions hereof, which shall remain in full force and effect.
WITNESS our hands and seals this day of September, 2015.
Stewart Road Estates, LLC
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
COUNTY OF PULASKI)
bert Schmitt)
On this day of September, 2015, before me a Notary Public, duly Commissioned, qualified and
acting, within and for the County and State appeared in person the within named and to me personally well known,
who stated that he is fully authorized in his respective capacity to execute the foregoing instrument further stated
and acknowledge 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 day of September, 2015.
Notary Public
My commission expires:
OAK CREEK PLACE — BILL OF ASSURANCE 6 of 6
James, Donna
From: Vernon Williams <garnatengineering@gmail.com>
Sent: Friday, September 4, 2015 3:55 PM
To: James, Donna
Subject: FW: Stewart Estates Final Plat
Attachments: 2015-09-04 stewart road final plat -FINAL PLAT.PDF
Donna,
How many copies of the attached do I need to send to start the review of the final plat?
Vern
From: Daniel Phillips [mailto:dphillips@pulaskicounty.net]
Sent: Friday, September 04, 2015 8:37 AM
To: Vernon Williams
Cc: John Burton; Jim Cranor
Subject: Stewart Estates Final Plat
Vernon,
Just spoke with our Planning Department about final plat review. Plat must first be submitted to Little
Rock. Little Rock will send the plat to the County at which point we will provide our comments back to Little
Rock to be incorporated into their comments. All punch list items must be completed and compliance met
with Section 3.10 "Assurance and Completion and Maintenance of Improvements" of the County
Subdivision/Development Code before the County can approve final plat.
Thanks,
Daniel Phillips, SI, CFM
Surveyor Intern/Certified Floodplain Manager
Project Inspector
Pulaski County Road & Bridge
3200 Brown Street
Little Rock, AR 72204
501-340-6800
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