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HomeMy WebLinkAboutS-1741-A ApplicationCity of Little Rock; Planning and Development R)AU 166 2016 Filing Fees 20 ' .. , � �� � Fe Date -. . Annexation $ Board of Adjustment $_ Cond Use Permit/T U P $ Final Plat $ Planned Unit Dev $ Preliminary Plat $ Special Use Permit $ Rezoning $ Site Plans $ Street Name Change $ Street Name Signs , Number_at %� ea $_?�' Public Hearing Signs Number at ea Total $ r $ r.� File No Tamara Guffey From: Jason Lowder <Jason.Lowder@carkw.com> Sent: Wednesday, July 06, 2016 9:29 AM To: Tamara Guffey Cc: Jonathan Long; Brian Dale Subject: RE: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates Central Arkansas Water approves contingent on the addition of an easement added at Lot 5 per a conversation with Brian Dale at White-Daters & Associates on 7/6/16. Thank You Jason Lowder, Engineering Technician jason.lowder@carkw.com 501-377-1245 �,.,e rl � LVigl tnf From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Monday, June 20, 2016 11:00 AM To: Vincent Hotho Steven.Hotho@lrwu.com; Jason Lowder; THOMPSON, THEODIS; 'MANION, JOSEPH E jm4138@att.com'; Bates, Joni B. Cc: James, Donna; Floriani, Vince; Daniel Havner; Brian Dale Subject: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates Attached for your approval is a plat copy of Lots 1-30 and Tracts A & B, Georganne Estates, an addition to the City of Little Rock. The owners of this property would like to file the plat by Friday, July 1, 2016. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Dan Havner at dhavnerts7i_whitedaters.com or Brian Dale at bdale@a.whitedaters.com . We appreciate your timely response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 Tamara Guffey From: Vincent Hotho <Steven.Hotho@lrwu.com> Sent: Friday, July 01, 2016 2:11 PM To: Tamara Guffey; Jason Lowder (Jason.Lowder@carkw.com) Cc: James, Donna; Carney, Dana Subject: RE: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates LRW has reviewed this plat and has no objection to filing. S. Vincent Hotho, P.E. Program Supervisor Little Rock Wastewater Utility Ofc: 501.688.1452 M bl: 501.442.6042 From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Thursday, June 30, 2016 12:53 PM To: Vincent Hotho <Steven.Hotho @Irwu.com>; Jason Lowder (Jason.Lowder@carkw.com) <Jason.Lowder@carkw.com> Subject: FW: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates Have you had a chance to review this? The owner was wanting to file the plat tomorrow. Thanks Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Tamara Guffey Sent: Monday, June 20, 2016 10:57 AM To: Vincent Hotho Steven.Hotho@irwu.com <Steven.Hotho Irwu.com>; Jason Lowder (Jason.Lowder@carkw.com) <Jason.Lowder@carkw.com>;'THOMPSON, THEODIS' <TTHOMP1@entergy.com>; 'MANION, JOSEPH E jm4138@att.com' <im4138@att.com>;'Bates, Joni B.' <io n i. bates@ cente rpointene rgy_.com> Cc: 'James, Donna'<DJames@little_rock.org>;'Floriani, Vince' <VFlohani@littlerock.org>; Daniel Havner <dhavner@whitedaters.com>; Brian Dale <bdale@whitedaters.com> Subject: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates Attached for your approval is a plat copy of Lots 1-30 and Tracts A & B, Georganne Estates, an addition to the City of Little Rock. The owners of this property would like to file the plat by Friday, July 1, 2016. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent Tamara Guffey From: MANION, JOSEPH E <jm4138@att.com> Sent: Monday, June 20, 2016 3:18 PM To: Tamara Guffey Subject: RE: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates AT&T approves of this plat. Thank you, C&M?4 /%or/0'r AT&T MGR. OSP Engr/Dsg 501-373-8892 From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Monday, June 20, 2016 11:00 AM To: Vincent Hotho Steven.Hotho@Irwu.com <Steven.Hotho@Irwu.com>; Jason Lowder (Jason.Lowder@carkw.com) <Jason.Lowder@carkw.com>; THOMPSON, THEODIS <TTHOMPI@entergy.com>; MANION, JOSEPH E <jm4138@att.com>; Bates, Joni B. <joni.bates@centerpointenergy.com> Cc: James, Donna <DJames@little rock.org>; Floriani, Vince <VFloriani@littlerock.org>; Daniel Havner <dhavner@whitedaters.com>; Brian Dale <bdale@whitedaters.com> Subject: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates Attached for your approval is a plat copy of Lots 1-30 and Tracts A & B, Georganne Estates, an addition to the City of Little Rock. The owners of this property would like to file the plat by Friday, July 1, 2016. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Dan Havner at dhavneraa whitedaters.com or Brian Dale at bdale(Dwhitedaters.com . We appreciate your timely response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 Tamara Guffey From: Monroe, Justin K<justin.monroe@centerpointenergy.com> Sent: Wednesday, June 22, 2016 1:12 PM To: Tamara Guffey Cc: Bates, Joni B. Subject: RE: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates Tamara, Per your request, CenterPoint Energy does not have any conflict with the proposed plat. Please contact me with any additional questions or concerns you may have. Thanks, Justin Monroe Engineer I Southern Gas Operations I Arkansas/Oklahoma Region 4.01 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201 Direct:501-377-1.737 1 Mobile:501-519-9884 l usti rt. rnoRr[ [itic r�tcrp[�intencr y.cnm 4D Uonlelfthl &ergy Begin forwarded message: From: Tamara Guffey <tuffe whitedaters.com> Date: June 20, 2016 at 10:59:39 AM CDT To: "Vincent Hotho Steven.Hotho lrwu.com" <Steven.Hotho lrwu.com>, "Jason Lowder (Jason.Lowder carkw.com)" <Jason.Lowder carkw.com>, "THOMPSON, THEODIS" CTTHOMPI enter .com>, "'MANION, JOSEPH E im4138jQatt.com"' <jm4138 ,�.att.com>, "Bates, Joni B." <ioni.bateslaa centemointenergy.com> Cc: "James, Donna" <DJames littlerock.or >, "Florlanl, Vince" <VFloriani cr,littlerock.org>, Daniel Havner <dhavner@whitedaters.cym>, "Brian Dale" <bdaleCwhitedaters.com> Subject: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates Attached for your approval is a plat copy of Lots 1-30 and Tracts A & B, Georganne Estates, an addition to the City of Little Rock. The owners of this property would like to file the plat by Friday, July 1, 2016. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Dan Havner at dhavner(_Dwhitedaters.com or Brian Dale at bdale _.whitedaters.com . Tamara Guffey From: Henderson, Jeremy <jhende9@entergy.com> Sent: Monday, June 20, 2016 1:02 PM To: Tamara Guffey Subject: RE: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates This is approved from Entergy. From: THOMPSON, THEODIS Sent: Monday, June 20, 2016 11:48 AM To: Henderson, Jeremy Subject: FW: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates Make sure this has all the easements you need and respond to Tamara at White-Daters. From: Tamara Guffey (mailto:t uffe whitedaters.com] Sent: Monday, June 20, 2016 11:00 AM To: Vincent Hotho Steven.Hotho Irwu.com; Jason Lowder (iason.Lowder carkw.com); THOMPSON, THEODIS; 'MANION, JOSEPH E jm41380)att.comI; Bates, Joni B. Cc: James, Donna; Floriani, Vince; Daniel Havner; Brian Dale Subject: Plat Approval - Lots 1-30 and Tracts A & B, Georganne Estates EXTERNAL SENDER. DO NOT click links if sender is unknown. DO NOT provide your user ID or password. Attached for your approval is a plat copy of Lots 1-30 and Tracts A & B, Georganne Estates, an addition to the City of Little Rock. The owners of this property would like to file the plat by Friday, July 1, 2016. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Dan Havner at dhavner@whitedaters.com or Brian Dale at bdaleCa7whitedaters.com . We appreciate your timely response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: Georganne Estates INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: ADDRESSING SPECIALIST REPORT I have reviewed the plat,and find that the street names and street configuration are acceptable. ! ` Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvements have been constructed and are in / oa�tfarmance with City requirements/standards. 1/ :� street signs should be ordered and billed to developer. Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been prepared and sent. Approved engineering drawings for streetlight system have been received and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. Traffic Engineer Date: CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. G J Civil Engineer I/II )ate: SURVEYOR REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Date: Upr `@ Design Review Engineer/Civil Engineering Manager Effective: June 27, 2016 Date: to - Z 71�r_ Illl11111111Illl1111llllllll111111 2016050718 PRESENTED: 08-16-2016 01:15:33 PM RECORDED: 08-16-2016 01:46:59 PM Prepared By: In Official Records of Larry Crane Circuit/County Clerk William P. Allison, Esq. Allison Law Firm, P.A. PULASKI CO, AR FEE $85.00 1501 North University Ave., Suite 220 Litde Rock, Arkansas 72207 501-664-2300 DECLARATION OF RESTRICTIVE COVENANTS 'iO =x AND BILL OF ASSURANCE FOR GEORGANNE ESTATES - ; ! Z KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, C.J. PACE CONSTRUCTION, LLC, an Arkansas limited liability company,' ("Developer" or "Declarant"), is the owner of the following described land in the County of Pulaski, State of Arkansas, to -wit: SEE EXHIBIT "A" WHEREAS, it is desirable that all of the above described property be platted into various tracts, lots and streets; WHEREAS, Developer desires to provide for the preservation of the values and amenities in GEORANNE ESTATES ("Georganne Estates") and for the maintenance of the open spaces, street lighting, landscaped entrances and other common facilities; and to this end, desires to subject the Property to these covenants, restrictions, easements, charges and liens, each of which is for the benefit of the Property and each Owner, and WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in Georganne Estates to create an association which shall be assigned the powers of maintaining, administering and enforcing these covenants and restrictions and doing all other things necessary to preserve the values and amenities of this community; WHEREAS, Developer will cause to be incorporated under the laws of the State of Arkansas, as a nonprofit corporation, Georganne Estates Property Owners Association, Inc., for the purpose of exercising these functions; NOW THEREFORE, the Developer declares that the property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions") set forth herein; WITNESSETH: That the said Developer, for and in consideration of the benefits to accrue to it and its successors and assigns, which benefits it acknowledges to be of value, has caused the land herein 1 above described to be surveyed and a plat (hereinafter referred to as the "Plat') made thereof by Paul White a Professional Land Surveyor, License Number PLS # 1281, said Plat bearing the signature of the said Surveyor and Engineer being of record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat Book and the Developer does hereby make this Declaration of Restrictive Covenants and Bill of Assurance. fie,+ .I& 2_ o 16 n 51D -7 19 IN FURTHERANCE THEREOF, Developer warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the land herein described, in accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as: Georganne Estates, an Addition to the City of Little Rock, Pulaski County, Arkansas and any and every deed of conveyance of any lot in said Addition describing the same by the lot and block number shown on said Plat shall always be deemed a sufficient description thereof. ARTICLE I DEFINITIONS The following words when used in this Declaration or any supplemental Declaration (unless the context shall indicate a contrary intention) shall have the following meanings: (a) "Association" shall mean and refer to "Georganne Estates Property Owners Association, Inc." its successors and assigns. (b) "The Property" shall mean and refer to that property described on Exhibit "A" which is subject to these covenants or any Supplemental Covenants under the provisions of Article II. (c) "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of all Owners. The common area shall be deeded to the Association. (d) "Site" shall mean and refer to any platted lot within the Property which may be purchased by any person or owned by the Developer (e) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Site which is a part of the Property, but excluding those having such interest merely as security for the performance of an obligation. (f) "Member" shall mean and refer to any Owner who by virtue of holding fee simple title to any Site is a Member of the Association. If any Owner holds title to more than one site then the Owner shall hold memberships equal to the number of sites owned. (g) "Architectural Control Committee" shall mean the committee appointed pursuant to Section 1 of Article VI hereof. 2 (h) "Board" shall mean the Board of Directors of the Association. (i) "Declarant" or "Developer" shall mean C.J. PACE CONSTRUCTION, LLC, it successors and assigns. (j) `Builder" or "General Contractor" shall mean a person or entitywhose occupation is the building or erection of structures, the controlling and directing of construction, or the planning, constructing, and who puts, or contracts to put, a structure into permanent form. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION: SECTION 1. Existing Property. The real property which 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 above, all of which property shall be referred to as "The Property." The Property consists 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. 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 the obligation to bring within the plan of this Declaration additional properties, regardless of whether or not said 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 sale of any Site and is maintained in the office of the Declarant, and provided such proposed additions, if made, will become subject to assessments of the Association 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 the 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 free and clear of these Covenants and Restrictions or any supplement. (a) The additions authorized shall be made by filing of record a Supplemental Declaration of 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 Sites in those additions shall immediately be entitled to all rights and privileges provided in this Declaration. (b) 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 3 properties as are not inconsistent with the Plan of this Declaration. In no event, however, shall such supplement revoke, modify and 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 of Covenants and Restrictions, unless the Developer shall indicate in writing to the Association that such additional lands maybe included. ARTICLE III THE ASSOCIATION Every person, persons or entity who owns any Site, including a builder or contractor, shall be a Member of the Association, and shall abide by its Articles of Incorporation and By -Laws. Membership shall be appurtenant to and may not be separated from ownership of any Site. The Association shall be governed by its Articles of Incorporation and By -Laws. Developer to serve as board of directors of Property Owners Association regardless of number of lots owned for a period of twenty four (24) months. Developer may, at its sole discretion, release control to the POA within the twenty four (24) month period if owning less than 50.0 % of the lots. ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES SECTION 1. Members' Easements of Enjoyment. Every Member shall have a right and easement of enjoyment in and to the Common Properties. This easement of enjoyment shall be appurtenant to and shall pass with the title to every Site, subject to the Articles of Incorporation and the By -Laws of the Association. SECTION 2. Title to Common Areas. The Developer agrees to convey title to the common areas to the Association free and clear of all liens and encumbrances except for applicable improvement district assessments within "four" (4) years after their designation as such on a recorded plat filed in the office of the Circuit Clerk of Pulaski, County, Arkansas. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS SECTION 1. Creation of Lien and Personal Obligation of Assessments and Special Assessments. Declarant for each Site owned within the Property shall be deemed to covenant and agree, and each Owner of any Site by acceptance of a deed shall be deemed to covenant and agree, to pay to the Association the assessments or charges and special assessments, 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 Site. Each assessment, together with interest, cost of collection and reasonable attorneys' fees, if any, shall also be the personal obligation of the Owner of the Site at the time when the assessment or special assessment fell due. The personal obligation for delinquent assessment or 0 special assessment shall not pass to an Owner's successors in title unless expressly assumed by them The lien for assessments and special assessments shall be subject to and subordinate to the lien of any recorded first mortgage or Deed of Trust. Assessments shall be fixed by the Association in accordance with the Articles of Incorporation and By -Laws of the Association. SECTION 2. Exempt Property. Common Areas as defined in Article I, all Common Areas subsequently added to the Property and any areas which are designated for the common use of a particular subdivision, and all portions of the Property owned or otherwise dedicated to any particular subdivision shall be exempt from the assessments and liens of the Association. ARTICLE VI ARCHITECTURAL CONTROL COMMITTEE SECTION 1. Designation of Committee. The Association shall have an Architectural Control Committee, consisting of the Developer as long as Developer owns five percent (5.0 %) or more of the areas designated as residential on the General Plan (as defined in the Covenants and Restrictions), the Member(s) of the Architectural Control Committee, and all vacancies, shall be appointed by Developer. When Developer no longer owns at least five percent (5.0 %) of the areas designated as residential on the General Plan, 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 Site and no alteration or repainting to the exterior, of a structure shall be made and no landscaping performed unless complete plans, specifications, and site plans showing the exterior design, height, building material and color scheme, the location of the structure plotted horizontally and vertically, the location and size of driveways, the general plan of landscaping, fencing walls and windbreaks, and the grading plan shall have been submitted to and approved in writing by the Architectural Control Committee. A copy of the plans, specifications, and lot plans as finally approved shall be deposited with the Architectural Control Committee. No trees shall be removed without prior written approval of the Architectural Control Committee. The Architectural Control Committee shall have the power to employ professional consultants to assist it in discharging its duties. The decisions of the Architectural Control Committee shall be final, conclusive, and binding upon the applicant. SECTION 3. Approval of a Builder or General Contractor. The Architectural Control Committee shall be responsible for the approval of each and every Builder or General Contractor. No Owner may build, construct or cause to be constructed any structure on the Property without first obtaining approval by the Architectural Control Committee of the Builder or General Contractor hired by the Owner. The Owner shall not act as the Builder or General Contractor without first obtaining approval by the Architectural Control Committee. SECTION 4. Content of Plans and Specifications. The plans and specifications to be submitted and approved shall include the following: (a) A topographical plot showing existing contour grades and showing the location of all improvements, structures, walks, driveways, fences and walls. Existing and finished grades shall be shown at lot corners and at corners of proposed improvements. Lot drainage provisions shall be indicated as well as cut and fill details if any applicable change in the lot contours is contemplated. (b) Exterior elevations. (c) Exterior materials, colors, textures and shapes. (d) Structural design. (e) Landscaping plan, including mailboxes, walkways, fences and walls, elevation changes, watering systems, vegetation and ground cover. (f) Parking area and driveway plan. (g) Screening, including site, location and method. (h) Utility connections. (i) Exterior illumination, including location and method. 0) Fire protection system. (k) Signs, including size, shape, color, location and materials. (1) Soil erosion notice and controls per ADEQ requirements SECTION 5. Definition of "Improvement". Improvement shall mean an include all residences, buildings, and roofed structures, parking areas, fences, walls, hedges, mass plantings, poles, driveways, lakes, swimming pools, tennis courts, 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 and which may not be included in any of the foregoing. 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 6. The Basis of Approval. Approval of plans and specifications shall be based on, among other things, adequacy of site dimensions, structural design, conformity and harmony of 31 external design and of location with neighboring structures and sites, relation of finished grades and elevations to neighboring sites, and conformity to both the specific and general intent of the protective covenants. The Architectural Control Committee shall establish certain architectural guidelines, which shall be approved by the Board (the "Architectural Guidelines"), and all plans and specifications must comply with Architectural Guidelines then in force and effect. However, the Architectural Control Committee may approve exceptions to the Architectural Guidelines by a unanimous vote. SECTION 7. Architectural Guidelines. No residence shall be constructed or permitted to remain on any building site in Georganne Estates unless the following architectural guidelines have been satisfied: (a) Minimum heated living area exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings shall equal no less than 2200 square feet in a one story, or 2,400 if a multi -story residence. (b) Height and Type — homes in Georganne Estates shall be of similar size and style to maintain architectural continuity. Vinyl Siding maybe installed on the second story above roof lines with approval by the Architectural Control Committee. Vinyl components may be used in soffitt applications and gable venting. There shall be no exposed masonry block of any kind on foundation. (c) Setback Requirements — no home shall be placed any nearer to the front or rear lot lines than the minimum setback lines shown on the plat. (d) Frontage of Residence to Street — All homes in Georganne Estates shall front and present an aesthetically pleasing elevation on the street designated. Corner lots will require both frontage elevations be aesthetically pleasing. (e) Outbuildings Prohibited —No outbuildings maybe constructed on any and are strictly prohibited. (f) Cesspool — no leaching cesspool shall ever be constructed or used on any lot. (g) Existing Structure — no existing erected building or structure of any sort may be moved onto or placed on any lot. (h) Fences — no fencing, other than vegetation, may be installed any closer to the front lot line than the front wall of the home. Chain link is expressly prohibited. (i) Sight line Restrictions — No wall, fence, or vegetative installation shall be installed, or allowed to remain on any lot, if its presence may block a path of view from the street within seventy (70) feet from the center of any intersection. 7 0) Driveway Installation - Curbs must be saw cut with a diamond blade. (k) Roofs must be 30 Architectural shingles. All roofs shall be 8/12 pitch or more. (1) No detached garage shall be built past front or rear building line. Detached garages shall match Architectural Design of the house and be brick front and sides and 8/12 roof pitch. SECTION 8. Majority vote. A majority vote of the Architectural Control Committee is required for approval or disapproval of proposed improvements. SECTION 9. Failure of Committee to Act. If the Architectural Control Committee fails to approve, disapprove, or rej ect 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 10. Limitation of Liability. Neither the Declarant, the Association, 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 effected by this Declaration by reason of mistake of judgment, 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 11. Reasonable Fee. The Architectural Control Committee may charge any Owner a reasonable fee for its services in reviewing that Owner's proposed plans and specifications. ARTICLE VII MAINTENANCE SECTION 1. Duty of Maintenance. Owners and occupants (including lessees) of any part of the Property 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: (a) Prompt removal of all litter, trash, refuse, and waste. (b) Lawn mowing. (c) Tree and shrub pruning. (d) Watering. (e) Keeping exterior lighting and mechanical facilities in waking order. (f) Keeping lawn and garden areas alive, free of weeds, and attractive. (g) Keeping parking areas, driveways, and roads in good repair. (h) Complying with all governmental health and police requirements. (i) Repainting of improvements. 0) Repair of exterior damages to improvements. SECTION 2. Enforcement. If, in the opinion of the Association any Owner or occupant has failed in any of the foregoing duties or responsibilities, then the Association 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 Association 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 Association has not been reimbursed within thirty (30) days after invoicing, the indebtedness shall be a debt of all of the Owners 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 V, and the Association shall have identical powers and rights in all respects, including but not limited to the right of foreclosure. ARTICLE VIII COMMON SCHEME RESTRICTIONS The following restrictions are imposed as a common scheme upon all Sites and Common Areas for the benefit of each other Site and Common Areas and may be enforced by any Owner or the Association 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 nor on any Site unless placed in a suitable container or bound for garbage pickup. 2. No building material of any kind or character shall be placed upon any Site except in connection with construction approved by the Architectural Control Committee. Construction shall be promptly commenced and diligently prosecuted. 6 3. No clothes lines, drying yards, service yards, wood piles or storage areas shall be so located as to be visible from a street, road, or Common Area. 4. Any exterior lighting installed on any Site shall either be indirect or of such controlled focus and intensity as not to disturb the residents or the adjacent property. 5. No animals or poultry shall be kept on any Site or Common Area except a reasonable number of ordinary household pets belonging to the household. 6. No signs, plagues or communication of any description shall be placed on the exterior of any Site or Common Area by an Owner unless approved by the Architectural Control Committee. 7. No nuisances shall be allowed in Georganne Estates nor shall any use or practice be allowed which is a source of annoyance to its residents or which interferes with their right of quiet enjoyment. 8. No immoral, improper, offensive or unlawful use shall be made of Georganne Estates 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 Site (other than the entire Site) may be rented, and no transient may be accommodated therein unless by consent of the Owner. 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 un any Site or Common Area. 11. No junk vehicle, commercial vehicle, trailer, 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 any improvements located upon the Property and except for such equipment and/or machinery as the Association may require in connection with the maintenance and operation of the Common Area) shall be 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 within an enclosed storage room or garage. The Association may, at the discretion of its Board of Directors, provide and maintain a suitable area designated for the parking of such vehicles. 12. No vehicles, boats, trailers, trucks, campers, recreational vehicles, and all other similar property shall be permitted to park permanently or for an extended amount of time (more than 24 consecutive hours) on the streets and common areas of 10 Georganne Estates. 13. All buildings built on any Site shall comply with the setback restrictions imposed upon the Site on either a recorded plat in the Circuit Clerk's office of Pulaski County, Arkansas or in the deed to each purchaser of a Site. Setback restrictions are covenants running with the land. 14. Access easements for installation and maintenance of utilities and drainage of facilities and for pedestrian and golf cart traffic are reserved in rights of way of drives and roads or on the side or rear of each Site as shown on the recorded plat. 15. An Owner hereby grants a right of access to his Site to the Association, any managing agent of the Association, 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 Site and threatening another Site or any Common Area, or for the purpose of performing installations, alterations, or repairs to the parts of the Site over which said persons 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 an emergency, this right of entry shall be immediate whether the Owner is present or not. ARTICLE IX COMMON PROPERTIES SECTION 1. Easements of Enjoyment. Subject to the provisions of Section 3 of this Article IX, every Member of the Association shall have the right and easement of enjoyment in and to the Common Area. SECTION 2. Title to Common Properties. Declarant shall convey ownership of the Common Area to the Association, which shall be responsible for its operation and maintenance, including Tract B, all Streets, and Common Areas on a recorded plat filed in the office of the Circuit Clerk of Pulaski County, Arkansas. SECTION 3. Extent of Easements. The rights and easements of enjoyment created shall be subject to the following: (a) The right of the Association to prescribe rules and regulations for the use, enjoyment, and maintenance of the Common Area; (b) The right of the Association to borrow money for the purpose of improving all or any part of the Common Area, and to mortgage all or any part of the Common Area; (c) The right of the Association to take reasonably necessary steps to protect all or any 11 part of the Common Area against foreclosure; and (d) The right of the Association to suspend the easements of enjoyment of any Member of the Association during the time any assessment levied under Articles V or VII remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations. ARTICLE X GENERAL PROVISIONS SECTION 1. Duration. The Covenants and Restrictions of this Declaration shall run with and bind the land, shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of forty (40) 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 percent (65%) of the Sites has been recorded prior to the commencement of any ten-year period. SECTION 2. Amendments. These Covenants and Restrictions may be modified or amended during the first twenty years (20) from the date of the Declaration, by an instrument signed by the Owners of not less than seventy-five percent (75%) of the Sites and thereafter by an instrument signed by the Owners of not less than seventy percent (70%) of the Sites. Any amendment must be properly recorded. SECTION 3. Notices. Any notice required to be sent to any Member or 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 Member or Owner on the records of the Association at the time of mailing. Each purchaser of a Site shall forward a copy of his recorded warranty deed to the Association or its officers. 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 Association 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 judgment 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 12 restrain the violation of this instrument or any provision thereof, by reference or otherwise, the prevailing parry or parties shall be entitled to attorney fees in such amount as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. SECTION 7. Dissolution. The Association may be dissolved with consent given in writing and signed by not less than three- fourths of each class of Members as defined in the By -Laws of the Association. Upon dissolution of the Association other than incident to a merger or consolidation, the assets of the Association shall be conveyed and granted and assigned to any nonprofit corporation, association trust, or other organization to be devoted to same or similar purposes. Executed this ;4 7 of July, 2016. C.J. PACE CONS TION, LLC James Pace, Managing Member Revir A-ed C* far hdu, ion of ri "nifmm *t- S required by ft Lily of life bock sub'.vis, c, tagu wns. Bffi Gf Assjarr a provisions ' -fhn dwelopx y exa-mul rr�A,'n;r ,,i of th-a R i Rock sMv'&n and zoning ordir=ces. r Qtya a Rock Plarminp Cemmissian 13 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named James Pace, being the Managing Member, of C.J. PACE CONSTRUCTION, LLC which comprises of all the Members of C.J. PACE CONSTRUCTION, LLC and who has been designated by said Company, to execute the above instrument, to me personally well known, and is duly authorized in his capacity to execute the foregoing instrument, and further stated and acknowledged that he has 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 se of July, 2016. Notary Pub is M commission expires: /J40/ Y r 14 EXHIBIT A LEGAL DESCRIPTION- GEORGANNE ESTATES PART OF THE NW1/4 NW1/4 OF SECTION 24, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NW1/4 NW1/4, SECTION 24; THENCE S89"12'59"E ALONG THE NORTH LINE ❑F SAID NW1/4 NW1/4, 658.79 FT.; THENCE S89'23'50"E CONTINUING ALONG SAID NORTH LINE, 20.00 FT.; THENCE S44'32'52"E, 198.21 FT.; THENCE S45'27'08"W, 239.11 FT. TO A POINT ON THE NORTHERLY EXTENSION OF THE WEST LINE OF LONGLEAF COVE, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S02"06'46"W ALONG SAID WEST LINE, 349.38 FT. TO THE SOUTHWEST CORNER OF LOT 10, SAID LONGLEAF COVE; THENCE N88'59'17"W, 147.29 FT. TO A POINT ON THE WEST LINE OF ALLEN'S SUBDIVISION, PULASKI COUNTY, ARKANSAS; THENCE S00"53'43"W ALONG SAID WEST LINE, 280.11 FT.; THENCE N89'04'36"W, 506.36 FT. TO A POINT ON THE WEST LINE OF SAID NW1/4 NW1/4; THENCE N01"26'04"E ALONG SAID WEST LINE, 936.97 FT. TO THE POINT OF BEGINNING, CONTAINING 598,952 SQ. FT. OR 13.7500 ACRES MORE OR LESS. 'C�