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This instrument prepared by:
Price C. Gardner
Friday, Eldredge & Clark, LLP
400 West Capitol Avenue, Suite 2000
Searcy, Arkansas 72201
IIIINIIIIIIIII��IIIIIIIIII111111III I1 2016025037
PRESENTED: 04-27-2016 12:32 07 PM RECORDED: 04-27-2016 12 37 59 PM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FEE $85.00
BILL OF ASSURANCE FOR
RANCH WEST VILLAS
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, RANCH WEST VILLAS, LLC, an Arkansas limited liability company
(hereinafter called the "Developer"), is the owner of that certain real property located in Pulaski
County, Arkansas and being more particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference (the "Property");
NOW THEREFORE, Developer, for and in consideration of the benefits to accrue to it,
its successors and assigns, which benefits Developer acknowledges to be of value, has caused to
be made a final plat, showing a survey made by John R. Pownall, Registered Professional Land
Surveyor dated January 29, 2016, and bearing a Certificate of Approval executed by the a
Certificate of Approval executed by the Department of Comprehensive Planning of the City of
Little Rock (the "City"), and showing the boundaries and dimensions of the Property now being
subdivided into seventeen (17) lots (each a "Lot"), three (3) common area tracts (each a
"Tract") and a street to be forever known as "Ranch West Villas, Little Rock, Pulaski County,
Arkansas" and certain right of wayy dedication areas (the "Plat")(the "Ranch West Villas"); and
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WHEREAS, Developer has caused to be incorporated Ranch West Villas Property
Owners Association, Inc. (the "Association") for the purpose of administering the maintenance
of the common area and amenities in the Ranch West'Villas; and
WHEREAS, Developer has caused to be filed with the City of Little Rock, Arkansas (the
"City") documents necessary to cause the formation of the "City of Little Rock Municipal
Property Owners' Multipurpose Improvement District No. (Ranch West Villas Project)"
(with the district number to be determined upon final approval by the City) (the "Special
Improvement District") for the purpose of constructing and administering the maintenance of
the common area and amenities in the Ranch West Villas and has agreed as part of the formation
of the Special Improvement District that the Lots shall be subject to a special tax assessment to
repay the debt of the district; and
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WHEREAS, all owners of lots within the Ranch West Villas are required to be members
of the Association as provided for herein; and
WHEREAS, it is deemed advisable that all of the property shown on the Plat hereinafter
mentioned, be subdivided into building lots, tracts and streets as shown on the Plat filed herewith
and that said property be held, owned and conveyed subject to the protective covenants herein
contained in order to enhance the value of the Ranch West Villas.
There are shown on said Plat certain easements for drainage and/or utilities which
Developer hereby donates and dedicates to and for the use of public utilities ("Public Utilities"),
the same being, without limiting the generality of the foregoing, electric power, gas, telephone,
water, sewer and cable television with the right hereby granted to the persons, firms or
corporations engaged in the supplying of such utilities to use and occupy such easements, and to
have free ingress and egress therefrom for the installation, maintenance, repair and replacement
of such utility services.
The use of the areas designated on the Plat as Tracts A, B and C and Valley Ranch Circle
are hereby donated and dedicated by Developer to the owners, as they may exist from time to
time, of lots within the Ranch West Villas with the right to use these areas as easements for
utility, drainage, pedestrian paths, trails and landscaping subject to prior written approval of
Developer. The Association shall maintain such areas and improvements at its sole cost.
ADDITIONALLY, DEVELOPER HEREBY GRANTS TO THE PUBLIC UTILITIES, AFTER
RECEIVING WRITTEN CONSENT FROM DEVELOPER AND RANCH WEST VILLAS
PROPERTY OWNERS ASSOCIATION, THE RIGHT TO USE THOSE PORTIONS OF
THESE AREAS WITHIN SAID TRACTS SPECIFICALLY DESIGNATED AND
IDENTIFIED BY DEVELOPER AND ASSOCIATION FOR UTILITY AND DRAINAGE
EASEMENTS PROVIDED SUCH IMPROVEMENTS ARE MAINTAINED BY SAID
PUBLIC UTILITIES. No improvements by any party shall be placed on the areas designated as
Tracts A, B and C, Ranch West Villas to the City of Little Rock, Arkansas, unless first approved
by the appropriate agencies of the City of Little Rock, Ranch West Villas, LLC, Association and
the Architectural Control Committee (the "Architectural Control Committee").
PRIOR TO THE COMMENCEMENT OF ANY INSTALLATION OF UTILITIES
WITHIN THE UTILITY EASEMENTS REFLECTED ON THE PLAT OR WITHIN TRACTS
A, B AND C, RANCH WEST VILLAS, AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS, THE PUBLIC UTILITIES MUST SUBMIT WRITTEN PLANS AND
SPECIFICATIONS OF THE PROPOSED IMPROVEMENTS TO THE ARCHITECTURAL
CONTROL COMMITTEE OF RANCH WEST VILLAS FOR REVIEW AND APPROVAL.
ALL UTILITIES TO BE INSTALLED BY PUBLIC UTILITIES AFTER PLATTING
OF THE RIGHTS -OF -WAY MUST BE APPROVED PRIOR TO COMMENCEMENT OF
CONSTRUCTION BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF LITTLE
ROCK AND IF SUBSEQUENTLY INSTALLED IN THE RIGHTS -OF -WAY OR IN ANY
EASEMENT ADJACENT TO THE RIGHTS -OF -WAY SUCH INSTALLATION MUST BE
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AT A DEPTH OF AT LEAST 30" BELOW THE ELEVATION OF THE ADJACENT
STREET.
The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk
and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication
of the streets and easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as "Lots 1-17 and "Tracts A, B
and C, Ranch West Villas to the City of Little Rock, Arkansas" (herein "lot" or "Lot"), and any
and every deed of conveyance of any lot in the Ranch West Villas describing the same by the
number shown on said Plat shall always be deemed a sufficient description thereof.
Said lands herein platted and any interest therein shall be held, owned and conveyed
subject to and in conformity with the following covenants:
1 . Private Street and Easemen
1.1 Valley Ranch Circle. The Plat shows Valley Ranch Circle which shall be
a private street and included as part of the common areas owned and maintained by the
Association and shall be construed to be an easement available for the general use of the Owners
of the Lots and for public ingress and egress for the benefit of the Lots to the extent required by
applicable governmental regulations. An easement is hereby granted upon and across all portions
of Valley Ranch Circle constructed for and utilized as guest parking spaces, and upon and across
all areas within four (4) feet on either side of the center line of all portions of Valley Ranch
Circle constructed for and utilized as sidewalks; provided, however, that such easement shall not
cover any area included within the portion of a Lot on which is situated a dwelling. Such
easement shall be for the common use and benefit of all Owners and their families, guests or
invitees, and their right to use the same for ingress and egress shall be hall at all times, except as
may be limited by the Association The Association shall have the right to remove or require the
removal of any obstruction that may be placed in such easement that would constitute
interference with its intended use.
1.2 Easement for Minor Encroachments. Each Lot and the Tract shall be
subject to an easement for encroachment by the curb line of Valley Ranch Circle onto said Lots
and/or Tract to the extent and subject to the limitations hereinafter set forth. Said easement shall
be up to one (1) foot in width and shall be along and parallel to the outside boundaries of Valley
Ranch Circle where such boundaries are common with boundary lines of said Lots and/or Tract.
1.3 Services Easement. An easement is hereby granted to all police, fire
protection, ambulance and other emergency vehicles, and to garbage and trash collection
vehicles and other service vehicles to enter upon the Property in the performance of their duties.
Further an easement is hereby granted to the Association, its officers, agents, employees, and
personnel to enter the Properties to render any service.
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1.4. Wall Easement. An easement is hereby granted and reserved for the
benefit of the Association for the construction, maintenance, repair and replacement of a wall or
fencing around the perimeter of the Property. The easement shall be an area three (3) feet in
width from the exterior lot lines of Lots 1 through 14 located on the western, southern and
eastern boundaries of the Property. The Developer shall cause the initial construction of the wall
and fencing and thereafter the Association shall be responsible for the maintenance, repair and
replacement of a wall or fencing. The Association shall have a temporary access easement
across each of the Lots for the purpose of inspecting, maintaining, repairing or replacing such
wall or fencing and shall repair any damage to the Lot caused by such access.
2. Architectural Control Committee
2.1. Designation of Committee. The Association shall have an Architectural
Control Committee, consisting of at least three (3) and not more than five (5) members who shall
be natural persons. As long as Developer shall own twenty percent (20%) or more of the Lots,
the members of the Architectural Control Committee, and all vacancies, shall be appointed by
Developer. When Developer no longer owns twenty percent (20%) of the Lots, the members of
the Architectural Control Committee, and all vacancies, shall be appointed by the Board of
Directors.
2.2. Function of Architectural Control Committee. No Improvement shall be
constructed or maintained upon any Lot and no alteration or repainting to the exterior of a
structure shall be made and no landscaping performed unless complete plans, specifications, and
Lot 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, specification, and lot plans as finally approved shall be deposited with 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.
2.3. 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) Foundation plans.
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5108237.1
(f) Wall sections with ceiling heights.
(g) Landscaping plan, including mailboxes, walkways, fences and
walls, elevation changes, watering systems, vegetation and ground cover.
(h) Parking area and driveway plan (driveways may be constructed of
concrete, asphalt, paving stones, or bricks).
(i) Screening, including Lot, location and method.
0) Utility connections.
(k) Exterior illumination, including location and method.
(1) Fire protection system.
(m) Signs, including size, shape, color, location and materials.
2.4. Definition of "Improvement". Improvement shall mean and include all
residences, buildings, roofed structures, parking areas, fences, walls, hedges, mass plantings,
poles, towers, antennae, driveways, swimming pools, tennis courts, signs, gazebos, 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.
2.5. Common Roofs: Party Walls or Zero Side Setbacks. Upon approval of the
Architectural Control Committee, on or more Lots may be developed in such manner to provide
for the joining of two or more personal residences with no side setback on the side of the Lots
where the Improvements adjoin each other. Such Improvements may be constructed in a manner
that results in one common roof covering two or more residences, party walls, common walls or
separate walls that abut against each other (collectively, a "common wall"). In connection with
the construction of any common wall or common roof, each Lot Owner shall have the right to
utilize the outside side of the common wall and to attach its roof to the common wall and roof of
the adjoining Lot Owner's residence. Each Lot Owner, and such owner's successors and
assigns, shall have a perpetual common wall and roof easement to be used by the Lot Owner, its
successors, and assigns in common with the other Lot Owner, its successors and assigns, over,
across, on and through that portion of the other Lot Owner's property for all purposes reasonably
related to the common wall and roof. No common wall or roof shall be altered or changed
without the prior written consent of the other Lot Owner and that neither Lot Owner shall
unreasonably withhold such consent. Each of the Lot Owner agrees to take no action which
would affect the structural integrity of the common wall or roof. If, for a reason other than a
breach of the foregoing, both Lot Owners agree that it is necessary or desirable to repair or
rebuild the whole or any part of the common wall or roof, the repairing or rebuilding expense
shall be borne equally by the Lot Owners sharing such common wall or roof, or by their heirs
and assigns who shall at the time of the repair or rebuilding be using it, in proportion to the
extent of their use. Any repairing or rebuilding of the common wall or roof shall be on the same
location, and of the same size, as the original common wall or roof or part of the original
common wall or roof, and of the same or similar material of the same quality as that used in the
original common wall or roof or part of the original common wall or roof. The roof or wall,
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original or restored, and any extension of or addition to the same, shall be built in a substantial
and workmanlike manner, and shall conform in all respects to applicable building codes,
ordinances, and regulations. The Lot Owner building any extension of or addition to the
common wall or roof shall take all due measures, to cause the least possible inconvenience to the
other Lot Owner and shall leave the building of the other Lot Owner in as good a condition as
before.
2.6 The Basis of Approval. Approval of plans and specifications shall be
based on, among other things, adequacy of Lot dimensions, structural design, conformity and
harmony of external design and of location with neighboring structures and Lots, and conformity
to both the specific and general intent of the protective covenants. From time to time 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. The current Architectural Guidelines shall be available at the office of the Association or
the office of the Developer.
2.7. Ma odt Vote. A majority vote of the Architectural Control Committee is
required for approval or disapproval of proposed Improvements.
2.8. Failure of Committee to Act. If the Architectural Control Committee fails
to approve, disapprove, or reject as inadequate proposed plans and specifications within thirty
(30) days after proper written 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.
2.9. Limitation of Liabili�. Neither the Developer, 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
affected by this Bill of Assurance 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.
2.10. 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.
3. Use of Land. The land herein platted shall be held, owned and used only as residential
building Lots. No structures shall be erected, altered, placed or permitted to remain on any
building Lot other than a single detached single-family residence.
4. Common Amenities. The areas designated on the Plat as Tracts A, B and C, Valley
Ranch Circle and all improvements thereon, including but not limited to, any walls, fencing,
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lighting, irrigation, private drives and landscaped areas shall be maintained by the Association
except for public utility improvements which are maintained by such public utilities.
5. Deleization of Authori1y. Developer has caused the formation of the Association as the
Ranch West Villas Property Owners Association, Inc., an Arkansas nonprofit corporation.
Developer shall have the right, but not the obligation, by a written instrument recorded in the
Office of the Recorder for Pulaski County, Arkansas, to delegate, convey and transfer to such
corporation all authority, rights, privileges and duties reserved by Developer in this Bill of
Assurance.
6. Creation of Lien and Obligation for Assessments and Special Improvement District
Taxes.
6.1 Obligation and Lien. By acceptance of a deed or other conveyance of
property covered by this Bill of Assurance, each owner, other than Developer, of a lot (an
"Owner" or "Lot Owner") within Ranch West Villas shall be deemed to covenant and agree to
be a member of Association and to pay any assessments, charges and/or special assessments
which may hereinafter be levied by the Association or pursuant to the Special Improvement
District for the purpose of promoting the recreation, health, safety and welfare of the owners
within the Ranch West Villas, in particular for the acquisition, servicing, improvement and
maintenance of common properties, common area and common amenities within the Ranch
West Villas and facilities which may be hereafter dedicated for use by Developer or otherwise
acquired by the Association, which amount together with interest, costs of collection, recording
fees, and a reasonable attorney's fee, shall be a continuing lien upon the lot.
6.2 Non-payment of Assessments.
(a) Delinquency. Any Assessment provided for in this Bill of
Assurance, under any Special Improvement District Tax or the Bylaws of the Association which
is not paid in full when due shall be delinquent on the date after the due date (the "Delinquency
Date"). If any Assessment or part thereof is not paid by the Delinquency Date, the unpaid
amount of such Assessment shall bear interest after the Delinquency Date at the highest rate
permitted by law.
(b) Lien. The unpaid amount of any Assessment not paid by the
Delinquency Date shall, together with the interest thereon as provided in Section 5.2(a), the costs
of collection thereof and reasonable attorneys' fees, thereupon become a continuing lien and
charge on the Lot owned by such Owner, which shall bind such property in the hands of the Lot
Owner, and his or her heirs, executors, -administrators, devisees, personal representatives,
successors and assigns. The aforesaid lien shall be superior to all other liens and charges against
the said property, except only for tax liens and the lien of any bona fide mortgage or deed of trust
now or hereafter placed upon said property and which mortgage or deed of trust is recorded prior
to the recordation of written notice of past due Assessments. Any sale or transfer of real
property subject to the foregoing lien shall not relieve the selling Owner from liability for any
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Assessment then due nor shall a sale or transfer of said property release the lien securing
payment of the Assessment together with interest thereon, attorneys' fees, court costs and other
costs of collection thereof. As hereinbefore stated, the personal obligation of the Owner, at the
time of such Assessment, shall remain the personal obligation of the Lot Owner and shall pass to
such owner's successor in title. The line for the unpaid Assessments shall be unaffected by any
sale, transfer of assignment of a Lot and shall continue in full force and effect.
(c) Remedies. The lien securing the payment of the Assessments shall
.attach to all Subdivision real property belonging to such non-paying Owner with the priority set
forth in this Section. Subsequent to the recording of a notice of the lien as provided in this
Section, the Association may institute an action at law against the Owner and/or his or her
successor in title personally obligated to pay such Assessment and/or institute an action in equity
for payment of the Assessment and foreclosure of the lien by judicial foreclosure. In any
foreclosure proceeding or collection action, the Owner and any other person personally obligated
to pay such Assessment shall be required to pay the costs, expenses and reasonable attorneys'
fees incurred by the Association.
6.3 Exempt Property- All Tracts, Valley Ranch Circle and other common
areas designated for the common use of a particular subdivision, and all portions of the Property
owned or otherwise dedicated to any political subdivision shall be exempt from the assessments
and liens of the Association.
6.4 No Offsets. All Assessments shall be payable in the amount specified by the
Association and no offsets against such amount shall be permitted for any reason.
7. Hei t and Type of Residence. The residences in Ranch West Villas shall be of a
common scheme and architectural style so as to create a neighborhood of architectural
continuity. All construction shall be approved by the Architectural Control Committee, in its sole
and absolute discretion, as further provided for in paragraph 2 of this Bill of Assurance. No
residence shall be erected, altered, placed or permitted to remain on any lot in the Ranch West
Villas other than one detached single-family residence not to exceed two stories in height unless
the Architectural Control Committee has approved in writing a residence of a greater height.
8. Setback Requirements. No residence shall be located on any lot nearer to the front lot
line or the side street line than fifteen (15) feet, provided, such setback requirements may be
modified if such modification is approved by the Architectural Control Committee, the Little
Rock Planning Commission or the Little Rock Board of Adjustment, and such other regulatory
agency as may succeed to their functions. The Lots shall be subject to such additional setbacks
set forth on the Plat. For the purposes of this covenant, eaves, steps and porches not under roof
shall not be considered as a part of the building. Where two or more lots are acquired as a single
building Lot, the side setback building lines shall refer only to those bordering the adjoining
property owner.
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9. Minimum S uare Feet Area. No residence shall be constructed or permitted to remain
on any building Lot in the Ranch West Villas unless the finished heated living area, exclusive of
porches, patios, garages, breeze ways, exterior stairways, porte cocheres, storage areas and
outbuildings, shall equal to or exceed that shown in the following schedule:
One Story Multi -Story
Lot Number Minimum Sq. Ft. Minimum S
All Lots 1,500 2,200
Finished heated living area shall be measured in a horizontal plane to the face of the
outside wall on each level.
10. Frontaize of Residence on Streets. Any residence erected on any lot in the Ranch
West Villas shall front or present a good frontage on the streets designated in the Plat, and for
this purpose as applied to all inside lots, it shall mean that the residence shall front on the street
designated, and on any corner lot it shall mean that the residence shall front or present a good
frontage on both of the streets designated in the Plat.
11. Private Drivewa s and Sidewalks.
11.1 Driveways. At the time a dwelling is constructed, the Owner shall also
construct, at no cost or expense to the Association, a driveway of sufficient width to
accommodate at least two (2) cars to serve such dwelling. The driveway shall extend from the
dwelling to Valley Ranch Drive. All driveways shall have a concrete finish in accordance with
the plans and specifications provide for by the Architectural Control Committee. Any sidewalk
shall be consistent in materials and appearance as the driveways, and the same shall also be
constructed, at no cost or expense to the Association, at the time the dwelling is constructed.
Such driveway, and any such sidewalks, shall be repaired and maintained at the sole cost and
expense of the Owner of the Lot to which such driveway and any such sidewalk are appurtenant.
An easement over and across the areas is hereby created and established for the use,
construction, repair and maintenance of such driveway and any such sidewalks.
11.2 Lots 5 and 6 and Lots 9 and 10 Reciprocal Access Easements. With
respect to Lots 5 and 6 and Lots 9 and 10, a reciprocal cross access easement is hereby granted
upon and across each portion of the Lot as shown on the Plat to provide each Lot with access to
Valley Ranch Circle. Notwithstanding the granting of cross access, no Lot Owner shall have the
right to cross park on the other Lot covered by the reciprocal cross access easement.
12. Common Elements and Common Expenses. The Developer and Architectural
Control Committee shall have the right to declare and designate all or part of common
foundations, walls, roofs, driveways, and entrances and exits and landscaping of any personal
residences as "common elements" to be maintained by the Association or the Special
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Improvement District. The costs of administering, insuring, maintaining, repairing or replacing
any common elements shall be treated as an assessment described in Paragraph 6 above.
13. Landscaping. At the time a dwelling is constructed, the Lot Owner shall, at no
cost or expense to the Association, also landscape the open area between the dwelling and Valley
Ranch Circle, exclusive of driveway and sidewalk surfaces. This landscaping shall conform to
the overall landscape scheme for the Property, and upon completion of such landscaping it shall
thereafter be cared for and maintained as a common expense by the Association. The Association
is hereby granted an easement for the purpose of caring for and maintaining the portion of such
landscaped area within any Lot between the dwelling and Valley Ranch Circle on the street side
of each Lot. All landscaping done between a privacy fence (i.e. a fence on the street side of a
dwelling) and the dwelling shall be cared for by the homeowner. This care shall be done in such
a manner that it will in no way lower the property values of the other dwellings in the Ranch
West Villas. Following the formation of the "City of Little Rock Municipal Property Owners'
Multipurpose Improvement District No. (Ranch West Villas Project)", the district shall be
responsible for yard maintenance of mowing, edging, raking or power blowing, including the
cleanup process needed to accomplish uniformity of all grounds in the neighborhood.
14. Exterior Lighting. At the time a dwelling is constructed, the Owner shall also
install, at no cost or expense to the Association, certain required exterior lighting of a common
scheme and style consistent with architectural specifications of the neighborhood and approved
by the Architectural Control Committee. All such exterior lighting shall be controlled by an
astronomical clock and each Lot Owner must have the designated exterior lighting turned on
from dusk until dawn each day.
15. Commercial Structures. No building or structure of any type may ever be placed,
erected or used for business, professional, trade or commercial purposes on any portion of any
lot. This prohibition shall not apply to any business or structure that may be placed on any lot or
portion of a lot that is used exclusively by a public utility company in connection with the
furnishing of public utility services to the Ranch West Villas.
16. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant to
the residence may be erected on any of the lots hereby restricted without the consent in writing
of the Architectural Control Committee.
17. 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 Lot unless placed in a container suitable for garbage pickup; nor shall anything ever be
done which may be or become an annoyance or nuisance to the neighborhood.
18. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any building Lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building
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Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be
erected, maintained or permitted upon any building Lot.
19. Cesspool. No leaching cesspool shall ever be constructed or used on any lot.
20. Existing Structure. No existing, erected building, manufactured home, mobile home
or structure of any sort may be moved onto or placed on any of the above -described lots.
21. Temporary Structure. No trailer, basement, tower, tent, shack, garage, barn or other
outbuilding other than a guest house and servants quarters erected on a building Lot covered by
these covenants shall at any time be used for human habitation, temporarily or permanently, nor
shall any structure of a temporary character be used for human habitation.
22. Easements for Public Utilities and Drainage.
22.1 Utility Easements. Easements for the installation, maintenance, repair and
replacement of utility services, sewer and drainage across the front of all Lots have heretofore
been donated and dedicated, said easements being of various widths, reference being hereby
made to the Plat filed herewith for a more specific description of width and location thereof. The
surface of easement areas for underground utility services may be paved for streets, driveways
and/or may be used for planting of shrubbery, trees, lawns, or flowers. However, it is expressly
agreed that neither the Developer nor any supplier of any utility or service using any easement
area shall be liable to any Owner or to the Association for any damage done by them or either of
them, or their agents, employees, servants or assigns, to the pavement or to any of the aforesaid
vegetation as a result of any activity relating to the construction, maintenance or repair of any
facility in any such easement area.
22.2 Drainage.
(a) Individual Lots. The Owner of a Lot is solely responsible for the
existing drainage course across his Lot. No Owner shall construct any Improvement or alter the
course of normal drainage in a manner to divert the natural flow of water across such Owner's
Lot.
(b) Common Stormwater Detention Area. There is shown on the Plat
as a portion of Lot 10 a stormwater detention area. An easement is hereby granted upon and
across all portion of Lot 10 for the construction, maintenance and replacement of drainage
equipment and facilities existing within the easement area granted herein and described on the
Plat that are not the responsibility of the City of Little Rock. The Association shall be
responsible for the maintenance, repair and replacement of any drainage course or equipment
located within this easement area providing for stormwater detention or removal. The Owner of
Lot 20 shall have a license to use the easement area for landscaping and recreational purposes;
provided, however, neither the Association nor any utility provider shall be liable to the Lot 10
Owner for any damage done by them or either of them, or their agents, employees, servants or
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assigns, to the any of the aforesaid vegetation as a result of any activity relating to the
construction, maintenance or repair of any facility in stormwater detention area.
23. Antennas and Satellite Dishes. No outside TV or radio antennas shall be allowed.
All satellite dish antennas must be attached to the dwelling and be erected so as to allow no view
from the street or from any other dwelling or common area. Short wave and/or other radio
antennas shall not be installed or constructed within the Property.
24. Parking and Storage Restrictions. 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 areas) 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, trailer, boats, machinery, equipment or the like stored and kept within an enclosed
storage room or garage.
25. Fences, Flag Poles, Tree Houses. No fences or other enclosure of part of any
building of any type or nature whatsoever shall ever be constructed, erected, placed or
maintained closer to the front lot line than the building setback line applicable and in effect as to
each lot, provided, however, that chain link or similar fences are in all events strictly prohibited
and shall not be used under any circumstances; provided, further, that it is not the intentions of
this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard.
Fencing of any type must be approved by the Architectural Control Committee as provided in
paragraph 2 hereof. No flagpoles or tree houses may be erected or installed on any lot.
26. Sight Line Restrictions. No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations between two and six feet above the roadways, shall be placed or
permitted to remain on any corner lot within the triangular area formed by the street property
lines and a line connecting them at points fifty (50) feet from the intersection of the street lines,
or in the case of a rounded property corner, within the triangle formed by tangents to the curve at
its beginning and end, and a line connecting them at points fifty (50) feet from their intersection.
No tree shall be permitted to remain within such distances of such intersections unless the foliage
line is maintained at a height of at least eight (8) feet to prevent obstruction of such sight lines.
The same sight line limitations shall apply on any lot within ten feet of the intersection of the
street property line with the edge of a driveway or alley pavement.
27. Property Limes and Boundaries. Iron pins have been set on all lot corners and points
of curve and all lot dimensions shown on curves are chord distances, and all curve data as shown
on the Plat filed herewith is centerline curve data. In the event of minor discrepancies between
the dimensions or distances as shown on the Plat and actual dimensions and distances as
disclosed by the established pins, the pins as set shall control.
-12-
5108237.1
28. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs
shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the
gutter line not more than two inches above the gutter grade.
29. Subdividing Lot. No lot shall be subdivided.
30. Livestock and Poul Prohibited. No animals, livestock or poultry of any kind shall
be raised, bred or kept on any lot or part thereof, except that domestic dogs, cats or other
household pets may be kept, provided that they are not kept, bred or maintained for commercial
purposes. Without limiting the generality of the foregoing, this Bill of Assurance expressly
prohibits the keeping of pigs as household pets on any lot, and further prohibits the keeping of
chickens or bees on any lots regardless of whether they are kept for personal purposes or the
production of food or household products. No animal of any kind, whether kept as a pet or
otherwise, that may be considered a danger to the health or safety of the other Lot Owners, or a
nuisance to the Addition, may be kept on any lot or part thereof.
31. Right to Enforce. The restrictions herein set forth shall run with the land and shall
bind the present owner, its successors and assigns. All parties claiming by, through or under the
present owner shall be taken to covenant with the owner of the lots hereby restricted, and their
respective successors and assigns, to conform to and observe these restrictions. No restriction
herein shall be personally binding upon any corporation, person or persons, except with respect
to breaches committed during its, his or their term of holding title to said land. Developer, its
successors and assigns (for so long as Developer owns lots within Ranch West Villas but not
thereafter), the Association and also the owner or owners of any of the lots hereby restricted shall
have the right, but not the obligation, to sue for and obtain an injunction, prohibitive or
mandatory, to prevent the breach of or to enforce the observance of the restrictions above set
forth, in addition to ordinary legal action for damages and failure by owner or owners of any lot
or lots in this addition to observe any of the restrictions herein. Any delay in bringing such action
shall in no event be deemed to be a waiver of the right to do so thereafter.
32. Modification of Restrictions. Any and all of 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, including additions made hereto
pursuant to Paragraph 1 hereof, of the total lots within the Ranch West Villas. Each covenant in
this instrument, unless expressly provided otherwise, shall remain in full force and effect until
January 1, 2067, 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 the Ranch West Villas has
been recorded prior to the commencement of any ten-year period.
33. Attorneys' Fee. In any legal or equitable proceeding for the enforcement of or to
restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the
prevailing party or parties shall be entitled to attorneys' fees in such amount as the court finds
- 13 -
5108237.1
reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not
exclusive.
34. Severability. Invalidation of any restriction set forth herein or any part thereof by
any order, judgment or decree of any court or otherwise, shall not invalidate or affect any of the
other restrictions or any part thereof as set forth herein, but they shall remain in full force and
effect.
EXECUTED this i day of*Le-, 2016.
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S ATE OF ARKANSAS
COUNTY OF PULASKI
RANCXILLAS, LLC
By:
Larry P. Crain, Jr., Manager
ACKNOWLEDGMENT
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for said county and state, appeared the within named Larry P. Crain, Jr., to me well known,
who stated that he was the Manager of RANCH WEST VILLAS, LLC and was designated and
duly authorized in such capacity execute the foregoing instrument for and in the name and behalf
of said RANCH WEST VILLAS, LLC, and further stated and acknowledged that he had so
signed, executed, and delivered said foregoing instrument for the consideration, uses and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of
1 2016,
Notary Public
My Commission Expires:
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-14-
5108237.1
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
-15-
5108237.1
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VICINITY MAP
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FINAL PLAT
RANCH WEST VILLAS
LoY. TNROI1Gn r s
.....-......,.'.:'�:.,',":�•.=r�.e. „e. TRACTS A. n A C
ANY ClOH;AT 10N VALLEY HAN CH CIRCLE
(PRIVATE)
A. SHMN HEREON
.� ".'s'w.�..,.... „....„. IN THE
W1R SECTION 14,
E TOWNSHIP 2 NORTH, RANGE 14 WEST
'owe'"tl1��Y10,y,q,s PULASKI COUNTY, ARKANSAS
ppNON YiEaT
••• THWfES CRY OF LRT4
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James, Donna
From: Thomas R. Pownall<thomas@thomasengineering2000.com>
Sent: Thursday, April 14, 2016 9:19 AM
To: James, Donna; Floriani, Vince
Subject: Ranch West Plat
Attachments: RANCH WEST VILLAS-PLAT.pdf
Donna and Vince,
Attached for your review is the plat for Ranch West Villas. Please let me know if you have any concerns or need a hard
copy.
Thanks
Thomas R. Pownall, P.E.
Thomas Engineering Company
501.753.4463
501.753.6814 Fax
501.351.6695 Cell
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: RANCH VILLAS WEST
INSPECTOR REPORT
I haveAnade a final inspection of the improvements and find that: ,
�.,�► o� ..- � . nOt cwr 'P kcj Q . A bi
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:
AllQRESSING SPECIALIST REPORT
I have reviewed the plat and find that the street names and street configuration are acceptable.
—.- Addressing Specialist hate: &_�)�
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, striping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
street signs should be ordered and billed to developer. Work orders have been prepared for signage.
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Approved engineering drawings for streetlight system have been received and approved. Applicant is
responsible to furnish as -built drawings once streetlights have been installed.
Traffic Engineer Date:
1 h
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.
1 All other requirements for final plat approval have been satisfied,
Civil Engineer 1/I1 Date:
SURVEYOR REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
x i Surveyor Date:
MANAGER APPROVAL
All 'ivil Engineering requirements for tiling this final plat have been satisfi d.
Date: h
Design Review Engineer/Civil Engineering Manager
Enective. April 25, 2016
James, Donna
From:
Floriani, Vince
Sent:
Monday, April 25, 2016 11:47 AM
To:
'Thomas R. Pownall'
Cc:
Chandler Rackley; James, Donna; Sutton, Cory
Subject:
RE: Ranch West Plat
Thomas,
We are checking erosion controls and drainage. We have received several complaints from the neighbors about
stormwater from the site. We are expecting rain on this Wednesday, Friday, and Saturday. This is the last item. I will be
back in touch today.
Vince Floriani, P.E.
Little Rock Public Works -Civil Engineering
701 W. Markham St.
Little Rock, Arkansas 72201
501-371-4817
From: Thomas R. Pownall[mailto:thomas@thomasengineering2000.com]
Sent: Monday, April 25, 2016 8:18 AM
To: Floriani, Vince
Cc: Chandler Rackley
Subject: Ranch West Plat
Vince,
Is the plat for Ranch West Approved by Vance yet? We want to file it ASAP
Thomas R. Pownall, P.E.
Thomas Engineering Company
501.753.4463
501.753.6814 Fax
501,351,6695 Cell
1
Thomas R. Pownall
From: Henderson, Jeremy <jhende9@entergy.com>
Sent: Tuesday, February 16, 2016 12:52 PM
To: Thomas R. Pownall; THOMPSON, THEODIS
Cc: Chandler Rackley
Subject: RE: Ranch West Villas plat
Looks good to me.
From: Thomas R. Pownall [mailto:thomas thomasen ineerin 2000.comI
Sent: Monday, February 15, 2016 11:58 AM
To: Henderson, Jeremy; THOMPSON, THEODIS
Cc: Chandler Rackley
Subject: Ranch West Villas plat
EXTERNAL SENDER. DO NOT click links if sender is unknown. DO NOT provide
your user ID or password.
Jeremy,
The City is allowing us to plat the development before all of the improvements are complete, but they still need you to
review and approve the plat.
Attached is the plat and the plat with the road and utilities shown so you can see how the easements work with the
utilities.
A return email saying this is approved is fine.
Thanks]
Thomas R. Pownall, P.E.
Thomas Engineering Company
501.753.4463
501,753.6814 Fax
501.351.6695 Cell
Thomas R. Pownall
From: Jonathan Long <Jonathan.Long@carkw.com>
Sent: Tuesday, April 12, 2016 3:15 PM
To: Thomas R. Pownall
Subject: RE: Ranch WEest Villas Plat
Looks good.
From: Thomas R. Pownall [mailtv:thomas@thomasengineerin 0000&or�r ]
Sent: Tuesday, April 12, 2016 1:46 PM
To: Jonathan Long
Subject: FW: Ranch WEest Villas Plat
Jonathan,
Can you please review and approve this plat for Little Rock. They require your approval before platting.
Thanks
Thomas R. Pownall, P.E.
Thomas Engineering Company
501.753,4463
501,753.6814 Fax
501.351.6695 Cell
From: Thomas R. Pownall [mailto:thomas a@thomasenaineering2000.cam]
Sent: Monday, February 15, 2016 11:55 AM
To: Jonathan Long
Cc: Chandler Rackley
Subject: Ranch WEest Villas Plat
Jonathan,
The City is allowing us to plat the development before all of the improvements are complete, but they still need you to
review and approve the plat.
Attached is the plat and the plat with the road and utilities shown so you can see how the easements work with the
utilities,
A return email saying this is approved is fine,
Thanks!
Thomas R. Pownall, P.E.
Thomas Engineering Company
501.753,4463
501.753.6814 Fax
501.351.6695 Cell
Thomas R. Pownall
From:
Vincent Hotho <Steven.Hotho@lrwu.com>
Sent:
Wednesday, April 13, 2016 9:59 AM
To:
Thomas R. Pownall
Subject:
RE: Ranch West Villas
Thomas,
We are OK with the plat.
I have the emailed copy of the closeout documents, but were you going to send me the originals?
Thanks,
Vince
S. Vincent Hotho, P,E.
Program Supervisor
Little Rock Wastewater Utility
Ofc: 501,688.1452
Mbl: 501,442.6042
From: Thomas R. Pownall [mailto:thomas thomasen ineerin 2000.com]
Sent: Tuesday, April 12, 2016 2:34 PM
To: Vincent Hotho <Steven.Hotho@lrwu.com>
Subject: Ranch West
Vince,
How are you coming on the sewer and plat approval for Ranch West. My owner is wanting to get his done.
Thank you sir
Thomas R. Pownall, P.E.
Thomas Engineering Company
501.753.4463
501.753,6814 Fax
501.351.6695 Cell
1
Thomas R. Pownall
From: Bates, Joni B. <joni.bates@centerpointenergy.com>
Sent: Wednesday, April 13, 2016 11:28 AM
To: Thomas R. Pownall
Cc: Monroe, Justin K; Fuentes, Kenneth W
Subject: FW: Ranch West Villas Plat
Attachments: Ranch West Villas.pdf
Thanks, Justin!
From: Monroe, Justin K
Sent: Wednesday, April 13, 2016 10:52 AM
To: Bates, Joni B.
Subject: RE: Ranch West Villas Plat
There is no conflict with the construction area within the submitted plat.
Please see attached facilities map of the area in question.
Thanks,
Justin Monroe
Engineer I
Snuhern Gas Operations I Arkansas/Oklahoma Region
-Fo I W. Capitol Ace. Suite 600 I Little Rock. AR 72201
Direct:,501-37 7=1•737 I klobile:601-519-888I
.I IISCl11,_rnt)D t11C [licy,nlLrl70.111_CB_Iler'tux rn
Ce�arerPoinr
&eW
From: Bates, Joni B.
Sent: Wednesday, April 13, 2016 10:18 AM
To: Monroe, Justin K
Cc: Fuentes, Kenneth W
Subject: FW: Ranch West Villas Plat
Justin:
Can you take a look at this, Thomas just called and they need this back by Friday and Kenneth is out. They just need
approval.
Thanks, Joni
From: Bates, Joni B.
Sent: Tuesday, April 12, 2016 2:59 PM
To: Fuentes, Kenneth W
Subject: FW: Ranch West Villas Plat
City of Little Rock
Planning and Development
Filing Fees APR 2 2016 �
1. .20 — 4i� J{},,�.��
Date �.M� QF R G,�(
Annexation $
Board of Adjustment $
Cond Use Permit/T U P $
Final Plat $J
Planned Unit Dev $
Preliminaiy Plat $
Special Use Permit $
Rezoning $
Site Plans $
Street Name Change $
Street Name Signs
Number at ea $
Public Hearing Signs
Number —at —ea $
Total $ V2 I• I&
I