HomeMy WebLinkAboutS-1888 ApplicationIlVgI-po
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: PLETCHER RIDGE LOTS 1-22 BLOCK 1 & LOTS 1-19 BLOCK 2
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
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 Dine:_
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.
Civil Engineer I/II
SURVEYOR REPORT
I have reviewed the plat and find that:
/` All r uirements for final plat approval have been satisfied.
(/ Surveyor
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
Date: 11-16-2020
Design Review Engineer/Civil Engineering Manager
Effective: November 16, 2020
Date:
Date: a- a - Z/-)
Tamara Guffey
From: Andrew Pownall <Andrew.Pownall@carkw.com>
Sent: Thursday, November 12, 2020 8:20 AM
To: Timothy Daters; Jason Lowder; Floriani, Vince; vharper@littlerock.gov
Cc: Tamara Guffey; Chris Green
Subject: RE: [External] FW: Fletcher Ridge Phase 1
Attachments: FINAL PLAT FLETCHER RIDGE 110420.pdf
CAW has no objections to the attached plat for Fletcher Ridge Phase 1, dated November, 2020
Andrew Pownall
Senior Engineer
Central Arkansas Water
501-377-1342 (Office)
501-218-6898 (Cell)
('W;a;tZr
From: Timothy Daters <tdaters@whitedaters.com>
Sent: Wednesday, November 11, 2020 3:18 PM
To: Jason Lowder <Jason.Lowder@carkw.com>; Andrew Pownall <Andrew.Pownall@carkw.com>
Cc: Tamara Guffey <tguffey@whitedaters.com>
Subject: [External] FW: Fletcher Ridge Phase 1
[CAUTIONd This email originated from outside of the CAW. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Have you had a chance to look at this? We are trying to get all approvals this week!
Thanks
Tim
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From: Timothy Daters <tdaters whitedaters.com>
Sent: Wednesday, November 4, 2020 4:55:19 PM
To: Joanne Bates <ioni.bates @ center ❑intener .com>; Henderson, Jeremy <jhende90entergV.com>;
richard hi112@comcas_t_.net <richard hi112@tomcast.net>; Jason Lowder <Jason.Lowder@carkw.com>; im4138@att.com
<im4138@att.com>; Vincent Hotho <5teven,Hotho@lrwra.com>; Floriani, Vince <VFloriani littlerock. ov>;
vharper@littlerock.gov <vharper littlerock.gov>
Cc: Tamara Guffey <tguffev@whitedaters.com>
Subject: Fletcher Ridge Phase 1
Gentlemen, the Owner would like to record this plat next Wednesday the 11th.
Please let me know if you need any additional easements or if the plat is acceptable.
Thank you for your help and assistance!
Tim Daters
Get Outlook for iOS
Tamara Guffe
From: Gober, Adam P <adam.gober@centerpointenergy.com>
Sent: Thursday, November 05, 2020 7:24 AM
To: Bates, Joni B.
Cc: Timothy Daters; Tamara Guffey
Subject: RE: [External Email] Fletcher Ridge Phase 1
Attachments: FINAL PLAT FLETCHER RIDGE 110420.pdf
Joni,
I've reviewed this plat — it has CenterPoint Energy's approval.
Thank you,
Adam P. Gober
Engineer I AR/OK Region
EOW 501.377.4737 w. 1501.541.7509 c.
CenterPointEnergy.com
0000
From: Bates, Joni B. <joni.bates@centerpointenergy.com>
Sent: Wednesday, November 4, 2020 5:32 PM
To: Gober, Adam P <adam.gober@centerpointenergy.com>
Subject: FW: [External Email] Fletcher Ridge Phase 1
Adam:
Please review. Thanks, Joni
Joni Bates
Marketing Coordinator
CenterPoint Energy
501-377-4558
CenterPoint
Energy
From: Timothy Daters <tdaters@whitedaters.com>
Sent: Wednesday, November 4, 2020 4:55 PM
To: Bates, Joni B.<joni.bates@centerpointenergy.co3-n>; Henderson, Jeremy <jhende9@entergv.com>;
richard hi1129-comcast.net; Jason Lowder <Jason.Lowder@carkw.com>; Im4138@att.com; Vincent Hotho
<Steven.Hotho@lrwra.com>; Floriani, Vince <VFloriani@littlerock.gov>; vharper@iittlerock.gov
Cc: Tamara Guffey <tguffeyPwhitedaters.com>
Subject: [External Email] Fletcher Ridge Phase 1
EXTERNAL EMAIL
Gentlemen, the Owner would like to record this plat next Wednesday the 11th.
Please let me know if you need any additional easements or if the plat is acceptable.
Thank you for your help and assistance!
Tim Daters
Get Outlook for iOS
***** This email is from an external sender outside of the CenterPoint Energy network. Be cautious about clicking links
or opening attachments from unknown sources. *****
Timothy Daters
From: Vincent Hotho <Steven.Hotho@lrwra.com>
Sent: Wednesday, November 18, 2020 2:56 PM
To: Timothy Daters
Subject: RE: Fletcher Ridge Phase 1
This plat is approved.
During this COVID-19 health crisis, LRWRA is continuing to provide customer service
while implementing safety precautions to protect residents and employees. There may
be a slight delay in email correspondence; but we will respond as soon as possible.
S. Vincent Hotho, P.E.
Engineering Manager
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501)688-1452
www.Irwra.com
LITTLE ROCK
Water Reclamation
E N O
V4� Authority i'WATER_
ONFUUR@.
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom they are addressed. If you have received this
email in error, please notify the sender. This message may contain confidential
information, and is intended only for the individual named.
From: Timothy Daters <tdaters@whitedaters.com>
Sent: Wednesday, November 4, 2020 4:55 PM
To: Joanne Bates <joni.bates@centerpointenergy.com>; Henderson, Jeremy <jhende9@entergy.com>;
richard_hi112@comcast.net; Jason Lowder <Jason.Lowder@carkw.com>; jm4138@att.com; Vincent Hotho
<Steven.Hotho@Irwra.com>; Floriani, Vince <VFloriani@littlerock.gov>; vharper@littlerock.gov
Cc: Tamara Guffey <tguffey@whitedaters.com>
Subject: Fletcher Ridge Phase 1
Gentlemen, the Owner would like to record this plat next Wednesday the 11th.
Please let me know if you need any additional easements or if the plat is acceptable.
Thank you for your help and assistance!
Tim Daters
Get Outlook for iOS
Tamara Guffey
From: Henderson, Jeremy <jhende9@entergy.com>
Sent: Wednesday, November 11, 2020 6:16 PM
To: Tamara Guffey
Subject: Re: Fletcher Ridge Phase 1
Entergy approves.
On Nov 11, 2020, at 3:15 PM, Tamara Guffey <tguffey@whitedaters.com> wrote:
EXTERNAL SENDER. DO NOT click links, or open attachments, if
sender is unknown, or the message seems suspicious in any way. DO
NOT provide your user ID or password.
Gentlemen
Have you had a chance to review the attached plat?
Thank you for your assistance.
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
<FINAL PLAT FLETCHER RIDGE 110420.pdf>
This message is intended for the exclusive use of the intended addressee. If you have received this message in error or
are not the intended addressee or his or her authorized agent, please notify me immediately by e-mail, discard any
paper copies and delete all electronic files of this message.
Tamara Guffey
From: MANION, JOSEPH E <jm4138@att.com>
Sent: Thursday, November 05, 2020 10:45 AM
To: Timothy Daters; Tamara Guffey
Subject: RE: Fletcher Ridge Phase 1
AT&T approves.
Josepk MavtiovL
AT&T OSP ENGR.
501-416-5541
From: Timothy Daters <tdaters@whitedaters.com>
Sent: Wednesday, November 4, 2020 4:55 PM
To: Joanne Bates <joni.bates@centerpointenergy.com>; Henderson, Jeremy <jhende9@entergy.com>;
richard_hi112@comcast.net; Jason Lowder <Jason.Lowder@carkw.com>; MANION, JOSEPH E <jm4138@att.com>;
Vincent Hotho <Steven. Hotho@ Irwra.com>; Floriani, Vince <VFloriani@littlerock.gov>; vharper@littlerock.gov
Cc: Tamara Guffey <tguffey@whitedaters.com>
Subject: Fletcher Ridge Phase 1
Gentlemen, the Owner would like to record this plat next Wednesday the 11th.
Please let me know if you need any additional easements or if the plat is acceptable.
Thank you for your help and assistance!
Tim Daters
Get Outlook for iOS
Tamara Guffey
From: Collins, Jesse <Jesse_Collins@comcast.com>
Sent: Thursday, November 05, 2020 10:52 AM
To: Tamara Guffey; [CENHRT-South Little Rock Construction]
Cc: Timothy Daters
Subject: Re: Fletcher Ridge Phase 1
Approved
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Thursday, November 5, 2020 10:00:03 AM
To: [CENHRT-South Little Rock Construction] <CENHRT-South_Little_Rock_Construction@comcast. com>
Cc: Timothy Daters <tdaters@whitedaters.com>
Subject: [EXTERNAL] FW: Fletcher Ridge Phase 1
Gentlemen, the Owner would like to record this plat next Wednesday the 11th.
Please let me know if you need any additional easements or if the plat is acceptable.
Thank you for your help and assistance!
Tim Daters
Get Outlook for iOS
IIIIIIIIIIIIIIIII IIIIIIIIIIIII 111111111111111 2020077706
PRESENTED: 11-19-2020 12:14:37 PM RECORDED: 11-19-2020 12:18:33 PM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $70.00
Prepared by: Friday, Eldredge & Clark
400 W. Capitol, Suite 2000
Little Rock, AR 72201
BILL OF ASSURANCE
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KNOW ALL MEN BY THESE PRESENTS: pl,xT� z��p,77 V 7
THAT, WHEREAS, POTLATCHDELTIC REAL ESTATE, LLC (hereinafter called
"PotlatchDeltic"), is the owner of the following property:
PART OF SECTION 3, T-1-N,R-14-W & SECTION 34, T-2-N,R-14-W, PULASKI COUNTY,
ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3; THENCE
S03003'46"W ALONG THE EAST LINE OF SECTION 3, A DISTANCE OF 124.50 FEET TO A
POINT ON THE CENTERLINE OF KANIS ROAD, AS DESCRIBED ON PLAT OF CHENAL
DOWNS (INSTRUMENT NO. 98-034755, RECORDS OF PULASKI COUNTY, ARKANSAS).
THENCE ALONG SAID CENTERLINE, S74°33'15"W, 385.64 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE THE FOLLOWING
COURSES: (1) S74°33' 15 "W, 134.83 FEET; (2) ALONG THE ARC OF A 918.63 FOOT RADIUS
CURVE TO THE RIGHT, HAVING A CHORD BEARING OF N79°50'39"W AND CHORD
DISTANCE OF 793.90 FEET; (3) N54°14'33"W, 771.07 FEET; THENCE LEAVING SAID
CENTERLINE N35045'08"E, 45.00 FEET; THENCE N21 °49'31 "E, 463.90 FEET; THENCE
S64°27'19"E, 199.75 FEET; THENCE S37°23'57"E, 50.00 FEET; THENCE ALONG THE ARC
LENGTH OF A 50.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CHORD BEARING
OF S39004'22"W AND CHORD DISTANCE OF 23.39 FEET; THENCE S25°32'41 "W, 51.96
FEET; THENCE S54°14'52"E, 453.41 FEET; THENCE S59°13'19"E, 47.40 FEET; THENCE
S66043'13"E, 378.68 FEET; THENCE S77°34'02"E, 150.45 FEET; THENCE ALONG THE ARC
OF A 125.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CHORD BEARING OF
S 11 ° 10'26"W AND CHORD DISTANCE OF 25.01 FEET; THENCE S73 °05' 16"E, 50.00 FEET;
THENCE ALONG THE ARC OF A 175.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING
A CHORD BEARING OF S32033'08"W AND CHORD DISTANCE OF 94.36 FEET; THENCE
S41 °48'28"E, 110.00 FEET; THENCE S 14°23'22"E, 60.44 FEET; THENCE ALONG THE ARC
OF A 773.63 FOOT RADIUS CURVE TO THE LEFT, HAVING A CHORD BEARING OF
N75001'37"E AND CHORD DISTANCE OF 12.76 FEET; THENCE N74°33'15"E, 180.39 FEET
TO A POINT ON THE WESTERN LINE OF PROPERTY BEING THE EASTERN 370.23, OF
THE NE1/4 NE1/4, SAID SECTION 3, LYING NORTH OF KANIS ROAD; THENCE
13826.0005/8098192
SO 1 059'51 "W ALONG SAID WESTERN LINE, A DISTANCE OF 151.99 FEET BACK TO THE
POINT OF BEGINNING. CONTAINING 15.6347 ACRES, MORE OR LESS.
LESS AND EXCEPT RIGHT OF WAY OF KANIS ROAD
Fletcher Valley an Addition to the City of Little Rock, Arkansas (the "Fletcher Valley"); and
WHEREAS, the Fletcher Ridge Neighborhood is part of the community known as Fletcher
Valley and is subject to those certain Covenants and Restrictions filed/ - Y �� n the office
of the Circuit Clerk of Pulaski County as Instrument No. Z 0WC��(the "Covenants and
Restrictions"); and
WHEREAS, PotlatchDeltic has caused to be incorporated (i) Fletcher Ridge Property
Owners Association, Inc. for the purpose of administering the maintenance of the common area and
amenities in the Fletcher Ridge Neighborhood and (ii) Fletcher Valley Property Owners Association,
Inc. for the purpose of administering the maintenance of the common areas and amenities of Fletcher
Valley; and
WHEREAS, all owners of lots within the Fletcher Ridge Neighborhood are required to be
members of the Fletcher Ridge Property Owners Association, Inc. as provided for herein and
members of Fletcher Valley Property Owners Association, Inc. as provided for in the Covenants and
Restrictions; 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
and in the Covenants and Restrictions in order to enhance the value of the Fletcher Ridge
Neighborhood.
NOW THEREFORE, PotlatchDeltic, for and in consideration of the benefits to accrue to it,
its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a
plat showing a survey made by Daniel Havner, Registered Land Surveyor dated
and bearing a Certificate of Approval executed by the Department of
Comprehensive Planning of the City of Little Rock, and showing the boundaries and dimensions of
the property now being subdivided into lots, tracts and streets (the "Plat").
PotlatchDeltic hereby donates and dedicates to the public an easement of way on, over and
under the streets and right of way reflected on said Plat to be used as public streets. In addition to
the said streets, there are certain easements for utilities as reflected more particularly on the Plat
which PotlatchDeltic hereby donates and dedicates to and for the use of public utilities ("Public
Utilities") in accordance with further terms and conditions of this Bill of Assurance, the same being,
without limiting the generality of the foregoing, electric power, gas, telephone, water, storm
drainage, sanitary 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
2
have free ingress and egress therefrom for the installation, maintenance, repair and replacement of
such utility services.
PotlatchDeltic hereby grants a perpetual Wooded Buffer Easement and "25' Landscape
Easement" as described on the Plat as Tracts A and D, Block 1, Fletcher Valley, an addition to the
City of Little Rock, Arkansas to the Fletcher Valley Property Owners Association, Inc. No owner of
any lot may construct any improvements within the Wooded Buffer Easement or "25' Landscape
Easement", cut any trees, plants or other natural vegetative growth within the Wooded Buffer
Easement or "25' Landscape Easement" or modify by grading or otherwise the existing contour of
the Wooded Buffer Easement or "25' Landscape Easement" without prior written consent of
PotlatchDeltic and Fletcher Valley Property Owners Association, Inc. All costs for the maintenance,
repair and replacement of the "25' Landscape Easement" and Wooded Buffer, including, but not
limited to, possible fencing built to the specifications of PotlatchDeltic and at PotlatchDeltic's sole
cost, shall be the sole responsibility of Fletcher Valley Property Owners Association, Inc.
The use of the areas designated on the Plat as Tracts B and C, Block 1, Fletcher Valley, an
addition to the City of Little Rock, Arkansas, are hereby donated and dedicated by PotlatchDeltic to
the owners, as they may exist from time to time, of lots within the Fletcher Ridge Neighborhood
with the right, subject to further terms and conditions of the Plat and this Bill of Assurance, to use
these areas for landscaping and utility easements as shown on the Plat, and the Fletcher Ridge
Property Owners Association, Inc. shall maintain such areas and improvements at its sole cost. No
improvements by any party shall be placed on the areas designated as Tracts B and C, Block 1,
Fletcher Valley, an addition to the City of Little Rock, Arkansas, unless first approved by
PotlatchDeltic, the appropriate agencies of the City of Little Rock, if necessary, Fletcher Ridge
Property Owners Association, Inc. and the Architectural Control Committee established pursuant to
the Covenants and Restrictions of Fletcher Valley.
The use of the area designated on the Plat as Tract E, Block 1, Fletcher Valley, an addition to
the City of Tittle Rock, Arkansas, is further hereby donated and dedicated by PotlatchDeltic to the
owners, as they may exist from time to time, of lots within the Fletcher Ridge Neighborhood with
the right, subject to further terms and conditions of the Plat and this Bill of Assurance, to use the area
for storm drainage and pedestrian paths. The Fletcher Ridge Property Owners Association, Inc. shall
maintain such above ground areas and improvements at its sole cost. No improvements by any
party shall be placed on the area designated as Tract E, Block 1, Fletcher Valley, an addition to the
City of Little Rock, Arkansas, unless first approved by PotlatchDeltic, the appropriate agencies of
the City of Little Rock, if necessary, Fletcher Ridge Property Owners Association, Inc. and the
Architectural Control Committee established pursuant to the Covenants and Restrictions of Fletcher
Valley.
The use of the area designated on the Plat as Tract F, Block 2, Fletcher Valley, an addition to
the City of Little Rock, Arkansas, is hereby donated and dedicated by PotlatchDeltic to the owners,
as they may exist from time to time, of lots within the Fletcher Ridge Neighborhood with the right,
subject to further terms and conditions of the Plat and this Bill of Assurance, to use the area for
landscaping, United States Postal Service kiosks, Sanitary Sewer mains, Sanitary Sewer services and
3
storm drainage. The Fletcher Ridge Property Owners Association, Inc. shall maintain such area and
improvements at its sole cost PROVIDED HOWEVER, NOTWITHSTANDING THE ABOVE,
ANY SANITARY SEWER SERVICE LINE IN THE TRACT SHALL BE MAINTAINED BY
THE OWNER OF THE LOT SERVED BY THE SEWER SERVICE LINE AND SANITARY
SEWER MAINS SHALL BE MAINTAINED BY THE LITTLE ROCK WATER RECLAMATION
AUTHORITY. No improvements by any party shall be placed on the area designated as Tract F,
Block 2, Fletcher Valley, an addition to the City of Little Rock, Arkansas, unless first approved by
PotlatchDeltic, the appropriate agencies of the City of Little Rock, if necessary, Fletcher Ridge
Property Owners Association, Inc. and the Architectural Control Committee established pursuant to
the Covenants and Restrictions of Fletcher Valley. PotlatchDeltic hereby reserves the exclusive
right to amend, supplement or modify this Bill of Assurance in the future to modify or adjust the size
of Tract F as part of its development of additional phases of this neighborhood.
PRIOR TO THE COMMENCEMENT OF ANY INSTALLATION OF UTILITIES WITHIN
THE UTILITY EASEMENTS REFLECTED ON THE PLAT, THE PUBLIC UTILITIES MUST
SUBMIT WRITTEN PLANS AND SPECIFICATIONS OF THE PROPOSED IMPROVEMENTS
TO THE ARCHITECTURAL CONTROL COMMITTEE 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 AT A
DEPTH OF AT LEAST 30" BELOW THE ELEVATION OF THE ADJACENT STREET.
DEVELOPER, ITS SUCCESSORS OR ASSIGNS, HAS NO DUTY TO MAINTAIN,
REPAIR OR REPLACE ANY IMPROVEMENTS LOCATED WITHIN THE TRACTS,
INCLUDING, BUT NOT LIMITED TO, UTILITIES, LANDSCAPING AND UNITED STATES
POSTAL SERVICE KIOSKS OR WITHIN OTHER EASEMENT AREAS REFLECTED ON THE
PLAT. ALL COSTS ASSOCIATED WITH ANY SUCH MAINTENANCE, REPAIR OR
REPLACEMENT OF SUCH IMPROVEMENTS, AND ALL LANDSCAPING TREATMENTS, IS
THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE ASSOCIATION, AS MORE
PARTICULARLY REFLECTED HEREIN, TO THE EXTENT SUCH COSTS ARE NOT A
RESPONSIBILITY OF THE CITY OF LITTLE ROCK, ARKANSAS OR THE UTILITY
PROVIDER.
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 - 22, Block 1, Lots 1-19,
Block 2, Tracts A, B, C, D, and E, Block 1, and Tract F, Block 2, Fletcher Valley, an addition to the
City of Little Rock, Arkansas", and any and every deed of conveyance of any lot in the Fletcher
0
Ridge Neighborhood 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. Additions to Fletcher Ridge Neighborhood. Additional lands of PotlatchDeltic may
become subject to this Bill of Assurance and added to Fletcher Ridge Neighborhood in the following
manner: PotlatchDeltic shall have the right but not the obligation to bring within the Fletcher Ridge
Neighborhood additional properties, regardless of whether or not said properties are presently owned
by PotlatchDeltic, as future phases of the Fletcher Ridge Neighborhood, provided that such additions
generally conform with the general plan of development for the Fletcher Ridge Neighborhood (the
"Fletcher Ridge General Plan") which has been prepared prior to the date of this Bill of Assurance
and prior to the sale of any lot in the Fletcher Ridge Neighborhood and is maintained in the office of
PotlatchDeltic and provided such proposed additions, if made, become subject to assessments of the
Fletcher Ridge Property Owners Association, Inc. for their share of expenses. UNDER NO
CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Fletcher Ridge General
Plan bind PotlatchDeltic to make the proposed additions or to adhere to the Fletcher Ridge General
Plan or any subsequent development plan shown on the Fletcher Ridge General Plan. Nor shall
PotlatchDeltic be precluded from conveying lands in the Fletcher Ridge General Plan not subject to
this Bill of Assurance or any supplement free and clear of this Bill of Assurance or any supplement
thereto. Any additional phases added to the Fletcher Ridge Neighborhood shall be made by filing of
record a Supplemental Bill of Assurance with respect to the additional property and shall extend the
covenants and restrictions of this Bill of Assurance to said additional property and the owners,
including PotlatchDeltic, of lots in those additions shall immediately be entitled to all rights and
privileges provided in this Bill of Assurance. The Supplemental Bill of Assurance may contain such
complementary additions and modifications of the provisions of this Bill of Assurance necessary to
reflect the different character, if any, of the added properties as are not inconsistent with the plan of
this Bill of Assurance. In no event, however, shall such supplement revoke, modify or add to the
covenants established by this Bill of Assurance as to the property herein described. No entity, other
than PotlatchDeltic, shall have the right to subject additional lands to the Fletcher Ridge
Neighborhood unless PotlatchDeltic shall indicate in writing that such additional lands may be
included.
2. Architectural Control. No improvements shall be constructed or maintained upon any lot
or Tract and no alteration or repainting to the exterior of any improvement, including, but not limited
to, walls, retaining walls and swimming pools, shall be made and no landscaping performed unless
approved by the Architectural Control Committee as provided for in the Covenants and Restrictions
and this Bill of Assurance.
3. Use of Land. The land herein platted as Lots shall be held, owned and used only as
residential building sites. No structures shall be erected, altered, placed or permitted to remain on
any building site other than a single detached single-family residence for occupancy by one family.
5
4. Common Amenities. The areas designated on the Plat as Tracts B, C and E, Block 1, and
Tract F, Block 2, and all improvements thereon, including but not limited to, any walls, lighting,
drainage, irrigation, United States Postal Service kiosks and landscaped areas shall be maintained by
the Fletcher Ridge Property Owners Association, Inc., to the extent they are not the responsibility of
the City of Little Rock, Arkansas and except for public utility improvements which are maintained
by such public utilities. The Fletcher Ridge Property Owners Association, Inc. shall maintain all
United States Postal Service kiosks that now or in the future serve the Fletcher Ridge Neighborhood.
5. Delegation of Authority. PotlatchDeltic has caused the formation of the Fletcher Ridge
Property Owners Association, Inc., a nonprofit corporation. PotlatchDeltic 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 PotlatchDeltic in this Bill of Assurance.
6. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of
property covered by this Bill of Assurance, each owner, other than PotlatchDeltic, of a lot within
Fletcher Ridge Neighborhood shall be deemed to covenant and agree to be a member of Fletcher
Ridge Property Owners Association, Inc. and to pay any assessments, charges and/or special
assessments which may hereinafter be levied by the Fletcher Ridge Property Owners Association,
Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the
Fletcher Ridge Neighborhood, in particular for the acquisition, servicing, improvement and
maintenance of the Tracts, common properties, common area, common amenities and drainage
easements within the Fletcher Ridge Neighborhood and facilities which may be hereafter dedicated
for use by PotlatchDeltic or otherwise acquired by the Fletcher Ridge Property Owners Association,
Inc., which amount together with interest, costs of collection and a reasonable attorney's fee, shall be
a continuing lien upon the lot.
In lieu of assessments being imposed upon such lots owned by PotlatchDeltic, PotlatchDeltic
shall underwrite all reasonable costs for the operation of Fletcher Ridge Property Owners
Association, Inc. not covered by assessments paid by owners of non-PotlatchDeltic lots until eighty
percent (80%) of all lots are owned by persons or entities other than PotlatchDeltic. Once eighty
percent (80%) of all lots are owned by persons or entities other than PotlatchDeltic, the remaining
lots owned by PotlatchDeltic shall be subject at the next annual assessment to the same assessments
as non-PotlatchDeltic lots.
7. Height and TyRe of Residence. The residences in Fletcher Ridge shall be of similar size
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 Fletcher Ridge Neighborhood 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.
no
8. Setback Re uirements. No residence shall be located on any lot nearer to the front lot line
or the side street line than twenty (20) 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. No building shall be located nearer to an interior lot side line than five
(5) feet. No principal dwelling shall be located on any lot nearer than twenty (20) feet to the rear lot
line. 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 site,
the side building lines shall refer only to those bordering the adjoining property owner.
9. Minimum Square Feet Area. No residence shall be constructed or permitted to
remain on any building site in the Fletcher Ridge Neighborhood unless the finished heated living
area, exclusive of porches, patios, garages, breeze ways, exterior stairways, porte cocheres, storage
areas and outbuildings, shall conform to the following schedules:
Lot Number
Lots 1-4, Lots 13-
22, Block 1 and
Lots 2-18, Block
2
One Story
Minimum Sq. Ft.
Not less than 1,500
Multi -Story
Minimum So. Ft.
Not less than 1,800
square feet or more square feet or more than
than 2,200 square feet 2,500 square feet
One Story Multi -Story
Lot Number Minimum Sq. Ft. Minimum Sq. Ft.
Lots 5-12, Block Not less than 1,500 Not less than 1,800
1, Lot 19, Block 2 square feet or more square feet or more than
than 2,800 square feet 2,800 square feet
Lot Number
Lot 1, Block 2
Residence shall not be
less than 11/z stories
and be not less than
2,650 square feet or
more than 2,800
square feet
Finished heated living area shall be measured in a horizontal plane to the face of the outside
wall on each level.
10. Frontage of Residence on Streets. Any residence erected on any lot in the Fletcher
Ridge Neighborhood 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.
7
11. 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 Fletcher Ridge Neighborhood.
12. 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.
13. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any
lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other
refuse be thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any
site unless placed in a container suitable for garbage pickup; nor shall anything ever be done which
may be or become an annoyance or nuisance to the neighborhood.
14. 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 site, nor shall
oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No
derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained
or permitted upon any building site.
15. Cesspool. No leaching cesspool shall ever be constructed or used on any lot.
16. 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.
17. 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 site 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.
18. Easements for Public Utilities and Drainage. Easements for the installation,
maintenance, repair and replacement of utility services, sewer, drainage and storm drainage overflow
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 type, width and location
thereof. Except as otherwise provided herein, no trees, shrubbery, incinerators, structures, buildings,
fences or similar improvements shall be grown, built or maintained within the area of such utility,
drainage or storm drainage overflow easement. In the event any trees, shrubbery, incinerators,
structures, buildings, fences or similar improvements shall be grown, built or maintained within the
area of such easement, no person, firm or corporation engaged in supplying public utility services
shall be liable for the destruction of same in the installation, maintenance, repair or replacement of
any utility service located within the area of such easement.
The Owner of a lot is solely responsible for the existing drainage course across his lot. The
Fletcher Ridge Property Owners Association, Inc. is only responsible for maintenance and
replacement of drainage equipment and facilities existing within the easements granted herein and
described on the Plat that are not the responsibility of the City of Little Rock, and has no
responsibility for the maintenance and repair of any drainage course or equipment located upon
those areas of the lot outside the easement.
19. 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 may be
erected or installed on any lot. No tree houses may be erected or installed on any lot without prior
approval of the Fletcher Valley Architectural Control Committee and in accordance with
architectural guidelines established by such Committee.
20. 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.
21. PropertyPropegy Lanes 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.
22. Drivewa 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.
23. Subdividing Lot. No lot shall be subdivided.
24. Leasing. No portion of a Lot and residence may be rented and no transient or temporary
occupant may be accommodated therein unless by consent of PotlatchDeltic. Any lease of the entire
Lot and residence must be for not less than twelve (12) months unless a shorter lease term has been
9
approved by the Board of Directors of the Association. The Owner shall provide the Association
with a copy of any lease agreement, with rental amounts redacted, within five (5) days of the
execution of the lease.
25. Right to Enforce. The restrictions herein set forth as well as those contained within the
Covenant and Restrictions 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. PotlatchDeltic, its successors and assigns (for so long as
PotlatchDeltic owns lots within Fletcher Ridge Neighborhood but not thereafter), the Fletcher Ridge
Property Owners Association, Inc. and also the owner or owners of any of the lots hereby restricted
shall have the right 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.
If, in the sole opinion of the Fletcher Ridge Property Owners Association, Inc.
("Association") any Owner or occupant has failed in any of the duties or responsibilities reflected in
the Covenants and Restrictions or this Bill of Assurance, 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
any civil or criminal damages for wrongful entry, trespass, conversion 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 the Lot and improvements upon which work was performed. This
lien, as well as any fine hereinafter authorized and imposed by the Board of Directors, shall have the
same attributes as the lien for assessments and special assessments set forth in Paragraph 6, and the
Association shall have identical powers and rights in all respects, including but not limited to the
right of foreclosure. The Board of Directors may impose reasonable monetary fines upon the Owner
which shall constitute a lien on the Owners Lot and all improvements thereon.
26. 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 Fletcher Ridge Neighborhood. Each covenant in this
instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1,
10
2049, 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 Fletcher Ridge Neighborhood has been
recorded prior to the commencement of any ten-year period.
27. Attorney 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 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.
28. Extension. All covenants for which extension is not otherwise provided in this
instrument, shall automatically be extended for successive periods of ten (10) years each unless
modified, terminated or canceled as provided herein.
29. 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 14 day of &Wh4er , 2020.
POTLATCHDELTIC REAL ESTATE, LLC
By:
David Meghreblian, VA President
11
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 David Meghreblian, to me well known, who
stated he was the Vice President of POTLATCHDELTIC REAL ESTATE, LLC, and was designated
and duly authorized in that capacity to execute the foregoing instrument for and in the name and
behalf of said POTLATCHDELTIC REAL ESTATE, 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 AaLb day of
2020.
My Commission Expires:
SUZANNE PEENBOLTE
Notary Public-Afkanses
Saline County
y COaImission Expires 02-19.2030,
inmiasian N 12710971
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]RECORDED: 11-19-2020 12:18:32 PM
DECLARATION OF COVENANTS
i5aM c rds fT rrri' Hollingsworth circuit/county Clerk
PULASiCI CO. At $'f0
OF
FLETCHER VALLEY
,oy
aration, made this /9 day of Avstwxr, 2020 by POTLATCHDELTIC REAL
ESTATE, LLC, an Arkansas limited liability company ("Developer" or the "Declarant").
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit "A" attached
to this Declaration ("Property"), and desires to create a community with improvements, including
amenities, pedestrian trails, open spaces, landscaped areas and Tracts, hereinafter defined, for the
benefit of the community, which shall be known as "Fletcher Valley";
WHEREAS, the time, place and manner within which the amenities and pedestrian trails
are constructed are solely within the discretion of Developer;
WHEREAS, Developer desires to provide for the preservation of the values and amenities
in Fletcher Valley and for the maintenance of any amenities, pedestrian trails, open spaces,
landscaped public entrances and Tracts; and to this end, desires to subject the Property to these
covenants, restrictions, easements, charges and liens, as hereinafter defined ("Covenants and
Restrictions"), each of which is for the benefit of the Property, the Developer, each Owner of any
Lot, Site or Tract in Fletcher Valley, and the Fletcher Valley Property Owners Association, Inc.;
and
WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values
and amenities in Fletcher Valley, to create a property owners association which shall have the
power of maintaining, administering and enforcing these Covenants and Restrictions and doing all
other things necessary to preserve the values and amenities of this community; and
WHEREAS, Developer has caused to be incorporated under the laws of the State of
Arkansas, as a nonprofit corporation, Fletcher Valley Property Owners Association, Inc., for the
purpose of having the right to exercise these powers and functions; and
WHEREAS, the Property is subjected to these Covenants and Restrictions to ensure proper
use and appropriate development and improvement of the Property and every part thereof; to guard
against the erection thereon of Dwellings, Structures or Improvements, all as hereinafter defined,
built of improper or unsuitable materials; to ensure adequate and reasonable development of the
1
13 826.0005/8098210.1
1
Property and the use and enjoyment of property ownership therein; to encourage the erection of
attractive Improvements thereon, with appropriate locations thereof; to prevent haphazard and
inharmonious improvement; to secure and maintain proper setbacks from streets, and adequate
free spaces between Structures; and in general to provide adequately for a type and quality of
Improvements in Fletcher Valley consistent with these Covenants and Restrictions; and to ensure
desired standards of maintenance and operation of the Common Use Areas and Tracts for the
benefit of all Lot Owners of Fletcher Valley. It is the intention and purpose of these Covenants
and Restrictions to ensure that all Dwellings, Structures and Improvements, as hereinafter defined,
in Fletcher Valley shall be of a quality of design, workmanship, and materials approved by the
Architectural Control Committee, hereinafter defined. It is understood and agreed that the purpose
of architectural control is to secure an attractive harmonious residential development having
continuing appeal and, in an effort to ensure the same, the quality of architectural design will be
considered; and
WHEREAS, it is deemed advisable that all of the Property be subdivided into building
Lots, Tracts and streets, and that said Property be held, owned and conveyed subject to the
protective Covenants and Restrictions herein contained, in order to enhance the value of Fletcher
Valley.
NOW, THEREFORE, the Developer declares that the Property is and shall be held,
transferred, sold, conveyed and occupied subject to the Covenants and Restrictions herein set forth:
ARTICLE I
DEFINITIONS
ARCHITECTURAL CONTROL COMMITTEE. The committee so designated and
described in Article IV hereof.
ASSOCIATION. The Fletcher Valley Property Owners Association, Inc., described in
Article IX hereof.
BOARD. Board shall mean the Board of Directors of the Association.
COMMON USE AREAS. The amenities, pedestrian paths and other real property within
Fletcher Valley reserved, now or in the future, by Declarant for the common use of all residents
and Owners of real property in Fletcher Valley, and the fixtures thereon and appurtenances thereof.
The Common Use Areas include those areas identified on any Plat as Tracts.
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13 826.0005/8098210.1
DECLARANT OR DEVELOPER. PotlatchDeltic Real Estate, LLC, its successors and
assigns.
DWELLING. A residential Structure which, as originally constructed, is integrated and
designed for use exclusively and solely as living quarters for one family.
DWELLING ACCESSORY. A subordinate building or portion of a Dwelling, the use of
which is incidental to that of the Dwelling on a Lot.
DWELLING OR STRUCTURE HEIGHT. The vertical distance measured from the
established ground level to the highest point of the underside of the ceiling beams, in the case of a
flat roof; to the deck line of a mansard roof; to the mean level of the underside of rafters between
the eaves and the ridge of a gable, hip, or gambrel roof, or to the mean level of any other vertical
parts of any other structure. Chimneys and ordinary and customary ornamental architectural
projections shall not be included in calculating Dwelling Height.
FAMILY. One or more persons each related to the other by blood, marriage, or legal
adoption, together with his or their domestic servants, maintaining a common household in a
Dwelling.
LOT OR HOMESITE. A Lot in Fletcher Valley, which may be purchased by any person
or owned by the Developer. The words "Lot" or "Homesite" as used herein shall be synonymous
and may be used interchangeably.
MEMBER. Member shall mean and refer to any Owner, other than the Association, who
by virtue of holding fee simple title to any Lot, Tract or Site, as hereinafter defined, is a member
of the Association. If any Owner holds title to more than one Lot, Tract or Site he shall be entitled
to an additional membership for each additional Lot, Tract or Site he owns. In the event the Owner
of two or more Lots replats the Lots as one Lot, the Owner, its heirs, successors or assigns, shall
have memberships equal to the number of Lots originally purchased.
OWNER. Owner shall mean and refer to the record owner, whether one or more persons
or entities, of title to any Lot, Tract or Site which is part of Fletcher Valley, but excluding those
having such interest merely as security for the performance of any obligation.
SITE. Site shall mean and refer to any platted Lot or Tract within the Property which may
be purchased by any person or owned by the Developer or any 1/3 acre of unplatted property
owned by the Developer within the Property.
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13 826.0005/8098210.1
STORY. That portion of the interior of a Dwelling included between the surface of the
ground or any floor and the surface of existing or extended plane of the floor next above; or if
there is no floor above, the space between the floor and the surface of existing or extended plane
of the ceiling next above.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof
decking and exterior wall not more than three (3) feet above the top floor level, and in which space
not more than sixty percent (60%) of the floor area is improved for principal or accessory use.
STRUCTURE. Any stationary object, including but not limited to a Dwelling, erected,
constructed or placed on the Property or attached to something having a permanent location on or
in the ground. Structures shall include but shall not be limited to approved sheds, antennas, flag
poles, tree houses, playhouses, solar panels, fences, retaining walls, kennels and satellite dishes.
TRACT. Those portions of the Property reflected and defined as Tracts on any Plat and
used for purposes described upon the Plat and within these Covenants and Restrictions. A
Dwelling may not be constructed upon any Tract.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
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 on Exhibit "A", all of which property shall be
referred to as the "Property" or "Fletcher Valley."
2. ADDITIONS TO EXISTING PROPERTY.
A. Additional lands of the Developer may become subject to these Covenants and
Restrictions in the following manner: The Developer shall have the right but not 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, whether such properties are now owned or not presently owned, generally
conform with the general plan of development (the "General Plan") which has been prepared prior
to the date of these Covenants and Restrictions and prior to the sale of any Lot and is maintained
in the office of the Declarant, and provided such proposed additions, if made, will become subject
to assessments of the Association for their share of expenses in accordance with these Covenants
and Restrictions and the Bylaws of the Association. UNDER NO CIRCUMSTANCES shall these
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13 826.0005/8098210.1
Covenants and Restrictions or any supplement thereto or the General Plan bind the Developer to
make the proposed additions or to adhere to the General Plan in any subsequent development of
land shown on the General Plan. Nor shall Developer be precluded from conveying lands in the
General Plan not subject to these Covenants and Restrictions or any supplement thereto free and
clear of these Covenants and Restrictions or any supplement.
B. The additions authorized shall be made by Declarant filing of record a supplemental
declaration of Covenants and Restrictions ("Supplemental Declaration") with respect to the
additional property which shall extend the Covenants and Restrictions of this Declaration to the
additional property, and the Owners, including the Developer of Lots in those additions shall
immediately be entitled to all rights and privileges provided in this Declaration.
C. The Supplemental Declaration may contain those complimentary additions and
modifications of the Covenants and Restrictions contained in this Declaration necessary to reflect
the different character, if any, of the added properties. In no event, however, shall such supplement
revoke, modify and add to the Covenants and Restrictions established by this Declaration within
the Property.
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 and consent in writing to the Association that such additional lands
may be included.
ARTICLE III
GENERAL RESTRICTIONS
1. LAND USE. Except for those portions of Fletcher Valley referred to herein as
streets, Tracts and Common Use Areas, each Lot shall be used as a residential site for one Dwelling
only, occupied by one Family, with a private garage containing no fewer than two parking spaces
for the sole use of the Owners or occupants of the Dwelling.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
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. Until ninety-five percent (95%) of all Lots now subject to these Covenants and
Restrictions, plus Lots added pursuant to Article II hereof, are sold and have Dwellings constructed
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13 826.0005/8098210.1
thereon, the members of the Architectural Control Committee, and all vacancies, shall be
appointed by Developer. When ninety-five percent (95%) of all Lots described in this paragraph
are sold and have Dwellings constructed thereon, the members of the Architectural Control
Committee, and all vacancies, shall be appointed by the Board of Directors of the Association.
2. FUNCTION OF COMMITTEE. No Dwelling, Structure or other Improvement
shall be constructed or maintained upon any Lot and no alteration or repainting to the exterior of
a Dwelling, Improvement or Structure shall be made and no landscaping performed unless
complete plans, specifications, and plot 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 shall
have been submitted in writing to and approved in writing by the Architectural Control Committee
prior to the commencement of construction. A copy of the written plans, specifications, and Lot
plans as finally and expressly 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.
FAILURE TO OBTAIN WRITTEN APPROVAL OF THE ARCHITECTURAL
CONTROL COMMITTEE PRIOR TO COMMENCEMENT OF CONSTRUCTION OF ANY
DWELLING, STRUCTURE OR IMPROVEMENTS MAY RESULT IN LEGAL ACTION
BEING INSTITUTED BY THE ASSOCIATION, DEVELOPER OR ANY OTHER LOT
OWNER IN ACCORDANCE WITH ARTICLES IX AND XH HEREOF.
3. CONTENT OF PLANS AND SPECIFICATIONS. The written plans and
specifications to be submitted and approved shall include, but not be limited to, each of the
following:
(a) A plot plan showing the location of the Dwelling and all Improvements, Structures,
Dwelling Accessory, swimming pools, walks, driveways, fences and walls. Existing grades shall
be shown at Lot corners and at corners of proposed Improvements.
(b) Exterior elevations.
(c) Exterior materials, colors, textures and shapes and manufacturers thereof.
(d) Foundation plans.
(e) Wall sections with ceiling heights.
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13 826.0005 /809 8210.1
(f) Roof plans.
(g) Landscaping plan, including pre -approved mailboxes, walks, fences and walls,
elevation changes, shrub beds, plant description and sizes and quantity, existing vegetation and
ground cover.
(h) Parking area and driveway plan.
W Screening, including site, location and method.
0) Other information as reasonably requested by the Architectural Control Committee.
The Architectural Control Committee shall establish the drainage requirements for each
Lot.
Residential landscaping must be fully installed as of the date the Certificate of Occupancy
is issued by the City of Little Rock.
4. DEFINITION OF "IMPROVEMENT". Improvement shall mean and include all
Dwellings and roofed Structures, parking areas, fences, walls, hedges, landscaping, mass
plantings, poles, towers, satellite dishes, kennels, antennas, driveways, swimming pools, walks,
patios, outdoor fireplaces, gazebos, solar panels, 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 any Lot 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.
5. THE BASIS OF APPROVAL. Approval of written plans and specifications shall
be based on, among other things, adequacy of site dimensions, structural design, conformity and
harmony of 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 these protective covenants. The Architectural Control Committee shall establish certain
architectural guidelines, which shall be approved by the Association Board of Directors (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 Declarant.
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13 826.0005/8098210.1
Acquisition of the approval of the Architectural Control Committee does not relieve the
Owner, his agent, contractors or representatives, from acquiring all necessary local, state or federal
permits or licenses necessary for the construction of any Improvements.
6. MAJORITY VOTE. Except when voting on exceptions to the Architectural
Guidelines, a majority vote of the Architectural Control Committee is required for approval or
disapproval of proposed Improvements.
7. FAILURE OF COMMITTEE TO ACT. If the Architectural Control Committee
fails to approve, disapprove, or reject as inadequate proposed plans and specifications within sixty
(60) days after proper written submittal, they shall be deemed rejected. THE BURDEN OF
PROVING RECEIPT OF WRITTEN PLANS AND SPECIFICATIONS BY THE
ARCHITECTURAL CONTROL COMMITTEE IS SOLELY UPON THE OWNER OF THE
LOT UPON WHICH THE PROPOSED IMPROVEMENTS ARE TO BE CONSTRUCTED. If
the Architectural Control Committee, in its sole and exclusive discretion, determines that the plans
and specifications are not sufficiently complete or are otherwise inadequate, the Architectural
Control Committee may reject them entirely, partially or conditionally approve them.
8. LIMITATION OF LIABILITY. Neither the Declarant, the Association, the
Architectural Control Committee nor any of their members, shareholders, officers, directors or
employees shall be liable, in damages or otherwise, to anyone submitting plans and specifications
for approval or to any Owner of land affected by this Declaration by reason of mistake of 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, including any enforcement actions
taken by the Association pursuant to Articles IX or XII hereof.
Acceptance of a Deed to a Lot is hereby deemed to be Owner's covenant and agreement to
said limitation of liability and the recording of the Declaration in the public records shall be
considered notice to Owners of said limitation of liability.
9. 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, including, but not limited to, consulting fees and other expenses incurred by the
Architectural Control Committee.
10. DRIVEWAYS. Access driveways and other paved areas for vehicular use on a Lot
shall have a base of compacted gravel, crushed stone or other approved base material and shall be
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13 826.0005/809 8210.1
surfaced with concrete. Plans and specifications for driveways, culverts, pavement edging or
markers shall be as approved in writing by the Architectural Control Committee. Except as
otherwise provided herein, driveways may access the adjacent street at one location only, unless
otherwise approved by the Architectural Control Committee.
ARTICLE V
PROHIBITIONS AND RESTRICTIONS
Except for (1) the development and sales activities of Developer and its contractors,
employees and agents, and (2) construction activities authorized by the Architectural Control
Committee, the following prohibitions shall be applicable to all Lots, Dwellings, Structures and
Improvements in Fletcher Valley:
1. No Dwelling, Structure or Improvement of any type may ever be placed, erected or
used for business, professional, trade or commercial purposes on any Lot or 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 Fletcher Valley.
2. No outbuildings or other detached Structure appurtenant to the Dwelling may be
erected on any of the Lots hereby restricted without the consent in writing of the Architectural
Control Committee.
3. No noxious or offensive trade, materials or activity shall be carried on upon any
Lot or Tract, 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, Tract or Common
Use Area, nor on any Lot unless placed in a container suitable for garbage pickup.
4. Nothing shall ever be done which may be or become an unreasonable annoyance
or nuisance to the neighborhood and the Lot Owners therein. Such shall include, but not be limited
to, failure to keep a Lot maintained as required by these Covenants and Restrictions or by any
applicable government regulations prior to and during the construction of any Dwelling.
5. No oil drilling, oil development operating, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure
designed for use in boring for oil, natural gas or other purposes shall be erected, maintained or
permitted upon any Lot.
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6. No preexisting, erected building, manufactured building, used structure or similar
pre -fabricated structure of any sort may be moved onto or placed on any of the Lots or Tracts.
7. No livestock or poultry shall be kept or maintained.
8. No burning of refuse or leaves shall be permitted except during the initial
construction of any Dwelling. The Contractor may burn trash and other debris during this period
if the Contractor has acquired any federal, state or municipal permits required to do so.
9. Chain link or similar fences are in all events strictly prohibited and shall not be used
under any circumstances. All fences must be approved by the Architectural Control Committee.
10. No garage, carport, driveway, or parking area which may be in front or adjacent to
or part of any Lot may be used as a habitual parking place for commercial vehicles. No watercraft,
recreational vehicles, motorcycles, all -terrain vehicles or dune buggies may be parked in the
driveway of any residence or at any other location in front of any residence. The term "commercial
vehicles" shall include all trucks and all automobiles and vehicular equipment which shall bear
signs or have printed on the side of same, reference to any commercial undertaking or enterprise.
(The habitual violation of the parking regulations set forth in this paragraph shall be deemed a
nuisance and violation of this Article V, Paragraph 4.)
11. No temporary buildings, quonset huts, trailers, campers, recreational vehicles,
tents, shacks, privies or other outbuildings shall be constructed, erected or parked upon any Lot or
used for human habitation, temporarily or permanently. It is understood that the word "trailer"
shall refer to a house or camping trailer which could be temporarily occupied for living purposes,
and this restriction shall refer also to truck -mounted campers and travel buses, unless such trailer,
erected camper, truck -mounted camper or travel bus is enclosed in a garage. Temporary Dwellings,
Improvements or Structures used during the construction of a Dwelling shall be on the same Lot
as the Dwelling, and such Improvements and Structures shall be removed upon completion of
construction of the Dwelling.
12. No garage or other outbuilding approved by the Architectural Control Committee
shall be constructed or erected upon said Lot except during the construction of the principal
Dwelling or thereafter.
13. No undomesticated animal nor any other animal having unusually vicious
propensities shall be kept or maintained either inside or outside any Structure, Improvement or
Dwelling. No commercial breeding or boarding of any animal is allowed within Fletcher Valley.
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No more than one kennel, for occupancy by no more than three dogs, may be allowed on any one
Lot in Fletcher Valley.
14. No plants, seeds, or other materials which harbor or are a source of breeding
infectious plant diseases, noxious insects, or creates unreasonable encroachment from any Lot,
shall be introduced or maintained. BAMBOO MAY NOT BE PLANTED UPON ANY LOT OR
TRACT.
15. No advertising sign, or billboard, including "For Rent" advertising signs, and no
submerged, underground or visible oil or gas tank for fuel or other purpose, shall be erected or
maintained on any Lot; except, however, a sign, not exceeding nine (9) square feet in area, may be
erected during the construction of the house, displaying the name of the general contractor and/or
architect, and "For Sale" signs not larger than 24 inches by 30 inches may be erected at any time.
16. No firearm shall be discharged within Fletcher Valley.
17. No hunting shall be allowed within Fletcher Valley.
18. No clearing or harvesting of trees may occur within the Property comprising
Fletcher Valley without approval of the Architectural Control Committee.
19. No animal waste may be spread on any Lot, except for fertilization purposes.
20. No building material of any kind or character shall be placed upon any Lot except
in connection with construction approved by the Architectural Control Committee. Construction,
which includes clearing of a lot, shall be promptly commenced and diligently prosecuted.
Construction may not be suspended for more than 60 days. No building material of any kind or
character shall ever be placed upon any Tract or vacant Lot by the Owner of any Lot, his contractor,
employees or representatives.
21. No clothes lines, drying yards, service yards, wood piles or storage areas shall be
so located as to be visible from a street, road, adjacent Lot, or Common Use Area.
22. Any exterior lighting must be approved by the Architectural Control Committee
and installed in a manner that shall either be indirect or of such controlled focus and intensity as
not to disturb the residents of any nearby Lot.
23. No immoral, improper, offensive or unlawful use shall be made of Fletcher Valley
or any part thereof, and all valid laws, zoning, by-laws and regulations of all governmental bodies
having jurisdiction shall be observed.
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24. No portion of a Lot and Dwelling may be rented and no transient or temporary
occupant may be accommodated therein unless by consent of the Declarant. Any lease of the
entire Lot and Dwelling must be for not less than twelve (12) months unless a shorter lease term
has been approved by the Board of Directors of the Association. The Owner shall provide the
Association with a copy of any lease agreement, with rental amounts redacted, within five (5) days
of the execution of the lease.
25. None of the Lots shall at any time be subdivided into two or more Lots.
ARTICLE VI
NAMEPLATES AND HOSPITALITY LIGHT STANDARDS,
TREE HOUSES, TELEVISION OR RADIO ANTENNAE,
SATELLITE DISHES, PLAYHOUSES OR FLAG POLES
There shall be not more than one nameplate on each Lot. A nameplate shall not be more
than 96 square inches in area, and contain the name of the occupant and/or address of the Dwelling.
It may be located on the door of the Dwelling or the wall adjacent thereto, or upon the wall of a
Dwelling Accessory or Structure, or may be free-standing. Hospitality light standards, of a design
approved by the Architectural Control Committee, may be located within the Lot. Tree houses,
children's playhouses and flag poles are not permitted unless otherwise approved in accordance
with guidelines established by the Architectural Control Committee. No antenna or other high
power electronic equipment shall be permitted without the prior written consent of the
Architectural Control Committee. Satellite dishes pre -approved by the Architectural Control
Committee may be permitted on a Lot at a location approved by the Architectural Control
Committee.
ARTICLE VII
COMMON USE AREAS, PATHS AND TRACTS
1. COMMON USE AREAS AND PATHS. Subject to the provisions of Section 2 of this
Article, every member of the Association and their guests for recreational purposes, shall have a
right and easement of enjoyment in and to the Common Use Areas and paths. All Common Use
Areas, Tracts, access easements, if any, street lights and poles, and gates and landscaped areas in
Fletcher Valley shall be repaired, maintained and replaced by the Association to the extent such
cannot or will not be repaired, maintained or replaced by the City of Little Rock. Developer
disclaims any and all liability associated with any use of the Common Use Areas or Tracts.
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2. EXTENT OF EASEMENTS. The rights and easements created herein 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 Tracts, Common Use Areas, a pool, a park and Pedestrian
Paths;
(b) The right of the Association to borrow money for the purpose of improving all or
any part of the Tracts, Common Use Areas, a pool, a park and Pedestrian Paths, and to mortgage
all or any part of the Tracts and Common Use Areas;
(c) The right of the Association to take reasonably necessary steps to protect all or any
part of the Tracts and Common Use Areas against foreclosure; and
(d) The right of the Association to suspend the use of the easements by any Member of
the Association during the time any assessment levied under Article X remains unpaid and for any
infraction of its published rules and regulations.
ARTICLE VIR
MAINTENANCE
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 Dwellings,
Structures, 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 working order;
(f) keeping lawn and garden areas alive, free of weeds, and attractive;
(g) keeping parking areas and driveways in good repair;
(h) complying with all governmental health and police requirements;
(i) repainting of improvements;
0) repair of exterior damages to improvements;
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(k) repair of all damage to fences; and
(1) prompt disposal of all animal waste in a manner that complies with all local, state
and federal regulations.
2. ENFORCEMENT. If, in the sole 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 any civil or criminal damages for wrongful entry, trespass, conversion 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 the Lot and improvements upon which
work was performed. This lien, as well as any fine hereinafter authorized and imposed by the
Board of Directors, shall have the same attributes as the lien for assessments and special
assessments set forth in Article XI, and the Association shall have identical powers and rights in
all respects, including but not limited to the right of foreclosure. The Board of Directors may
impose reasonable monetary fines upon the Owner which shall constitute a lien on the Owners Lot
and Dwelling.
ARTICLE IX
THE ASSOCIATION
Every person, persons or entity, except the Association, who owns any Lot, Site or Tract,
including, without limitation, a builder or general contractor, shall be a Member of the Association,
and shall abide by its Articles of Incorporation and Bylaws. Membership shall be appurtenant to
and may not be separated from ownership of any Lot. The Association shall be governed by its
Articles of Incorporation and Bylaws.
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13826.0005/8098210.1
ARTICLE X
COVENANT FOR MAINTENANCE ASSESSMENTS
1. CREATION OF LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS
AND SPECIAL ASSESSMENTS. Each Owner, other than Declarant, of any Lot by acceptance
of a deed shall be deemed to covenant and agree, to pay to the Association annual assessments,
including assessments for reserve funds, 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 Lot. Each assessment, together with interest, cost of collection and
reasonable attorneys' fees, if any, shall also be the personal obligation of the Owner, other than
Declarant, of the Lot at the time when the assessment or special assessment fell due. The personal
obligation for delinquent assessment or 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 Bylaws of the Association. In the event two Lots are replatted as one Lot, the
replatted Lot is assessed by the Association as if two separate Lots.
In lieu of assessments being imposed upon such Lots owned by the Declarant, the Declarant
shall underwrite all reasonable costs for the operation of the Association not covered by
assessments paid by owners of Lots other than Declarant until eighty percent (80%) of all Lots are
owned by persons or entities other than Declarant. Once eighty percent (80%) of all Lots are owned
by persons or entities other than the Declarant, the remaining Lots owned by the Declarant shall
be subject to the same assessments as Lots by Owners other than the Declarant.
2. EXEMPT PROPERTY. Common Use Areas, Tracts and one-third acre
unimproved Sites, as defined in Article I, all Common Use Areas and Tracts subsequently added
to the Property and any areas which are designated for the common use of all Lot owners, 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.
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ARTICLE XI
GENERAL PROVISIONS
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 seventy-five percent (75%) of the Property has been recorded prior to the
commencement of any successive ten-year period.
2. AMENDMENTS. The Declarant shall be entitled to three votes for each Lot,
Tract and Site, whether built upon or not, in which Declarant holds title, for the purpose of
amending these Covenants and Restrictions. All other Owners of a Lot shall be entitled to one vote
for each Lot in which he holds an ownership interest. Lot Owner, other than the Declarant, as
herein defined, may be one or more and all such persons or entities constituting one person or
member shall vote as they, among themselves, determine but in no event shall more than one vote
per Lot owned by others than the Declarant be voted.
These Covenants and Restrictions may be amended by an affirmative vote of seventy-five
percent (75%) of eligible votes. Any amendment must be properly recorded and signed by not
less than Owners holding seventy-five percent (75%) of the eligible votes.
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.
4. ENFORCEMENT. The Covenants and Restrictions herein set forth shall run with
the land and shall bind the present Owner, its successors, heirs 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 heirs, 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 Lot. Developer, its successors and assigns (for so long as Developer owns Lots within
16
13826.0005/8098210.1
Fletcher Valley but not thereafter), the Fletcher Valley Property Owners Association, Inc. and also
the Owner or Owners of any of the Lots hereby restricted shall have the right to sue for and obtain
an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of
the Covenants and 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 Covenants
and 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.
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.
6. ATTORNEY FEE. In any legal or equitable proceeding for the enforcement or
to restrain the violation of this instrument or any provision thereof, by reference or otherwise, the
prevailing party or parties shall be entitled to attorney fees in such amount as the court finds
reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not
exclusive.
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 Bylaws 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 pursuant to Section 528
of the Internal Revenue Code to any nonprofit corporation, association, trust, or other organization
to be devoted to same or similar purposes.
POTLATCHDELTIC REAL ESTATE,
LLC
By:
Title:
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13 826.0005/809 8210.1
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for said county and state, appeared the within named David Meghreblian, being the Vice
President of POTLATCHDELTIC REAL ESTATE, LLC and who had been designated by said
POTLATCHDELTIC REAL ESTATE, LLC to execute the above instrument, who stated he was
duly authorized to execute the foregoing instrument for and in the name and behalf of said
POTLATCHDELTIC REAL ESTATE, 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 /67M— day of
IV, 2020.
Notary iblic
My Commission Expires:
Ig o
SUZANNE PEEAi3DILTE
Notary Pubiir-Arkansas
Saline County
MV C4wlmission Expirts 02-19-2030-
Commission N 12710071
Reviewed only for irciusior, of minimum sncard:.
taquired by ft City of l.it o relplafiarrs.
Bill of Assurank �7 isic:. i r 00
developer mays excr r-r� of the
Lae Rost Subdivision znd zamng crdiranws.
�'T �0
c+tr of Utlde Rock Pbmft CaTWWoa1
18
13 826.0005/8098210.1
EXHIBIT A
PART OF SECTION 3, T-1-N,R-14-W & SECTION 34, T-2-N,R-14-W, PULASKI COUNTY,
ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3; THENCE S03°03'46"W
ALONG THE EAST LINE OF SECTION 3, A DISTANCE OF 124.50 FEET TO A POINT ON THE
CENTERLINE OF KANIS ROAD, AS DESCRIBED ON PLAT OF CHENAL DOWNS (INSTRUMENT
NO. 98-034755, RECORDS OF PULASKI COUNTY, ARKANSAS). THENCE ALONG SAID
CENTERLINE, S74°33'15"W, 385.64 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID CENTERLINE THE FOLLOWING COURSES: (1) S74°33'15"W, 134.83
FEET; (2) ALONG THE ARC OF A 918.63 FOOT RADIUS CURVE TO THE RIGHT, HAVING A
CHORD BEARING OF N79050'39"W AND CHORD DISTANCE OF 793.90 FEET; (3) N54°14'33"W,
771.07 FEET; THENCE LEAVING SAID CENTERLINE N35°45'08"E, 45.00 FEET; THENCE
N21049'31"E, 463.90 FEET; THENCE S64027'19"E, 199.75 FEET; THENCE S37°23'57"E, 50.00 FEET;
THENCE ALONG THE ARC LENGTH OF A 50.00 FOOT RADIUS CURVE TO THE LEFT, HAVING
A CHORD BEARING OF S39004'22"W AND CHORD DISTANCE OF 23.39 FEET; THENCE
S25032'41"W, 51.96 FEET; THENCE S54°14'52"E, 453.41 FEET; THENCE S59°13'19"E, 47.40 FEET;
THENCE S66043'13"E, 378.68 FEET; THENCE S77°34'02"E, 150.45 FEET; THENCE ALONG THE
ARC OF A 125.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CHORD BEARING OF
S11010'26"W AND CHORD DISTANCE OF 25.01 FEET; THENCE S73°05'16"E, 50.00 FEET;
THENCE ALONG THE ARC OF A 175.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A
CHORD BEARING OF S32033'08"W AND CHORD DISTANCE OF 94.36 FEET; THENCE
S41 °48'28"E, 110.00 FEET; THENCE S 14°23'22"E, 60.44 FEET; THENCE ALONG THE ARC OF A
773.63 FOOT RADIUS CURVE TO THE LEFT, HAVING A CHORD BEARING OF N75-01'37"E AND
CHORD DISTANCE OF 12.76 FEET; THENCE N74033'15"E, 180.39 FEET TO A POINT ON THE
WESTERN LINE OF PROPERTY BEING THE EASTERN 370.23' OF THE NE1/4 NE1/4, SAID
SECTION 3, LYING NORTH OF KANIS ROAD; THENCE S01°59'51"W ALONG SAID WESTERN
LINE, A DISTANCE OF 151.99 FEET BACK TO THE POINT OF BEGINNING. CONTAINING
15.6347 ACRES, MORE OR LESS.
LESS AND EXCEPT RIGHT OF WAY OF KANIS ROAD
19
13826.0005/8098210.1
City of Little Rock
Planning and Development
Filing Fees
Date; , 20-�
Annexation
Board of Adjustment
Cond Use Permit/T UP
Final Plat
Planned Unit Dev
Preliminary Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at
Public Hearing Signs
Number at
ea
ea
Total
NOV 0 202tj
BUILDiiWG CODE
$Z70
File No
Location
Applicant f ' S
Bye ...- _.__.
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