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S-1888-C-1 Application
subd doe 4 01/17/19 INFORMATION SHEET FOR SUBDIVISION PUD's PD's, ZONING OR SUBDI VISIaN SITE PLAN REVIEWS 2/13/2023 ITEM NO. C7 �l DATE FILE NO. NAME: Fletcher Valley Phase 2 LOCATION: North Side of Kanis Road, West of Fletcher Ridge DEVELOPER: PotlatchDeltic Real Estate LLC STREET ADDRESS 7 Chenal Club BLvd CITY/STATE/ZIP Little Rock,AR 72223 TELEPHONE NO. 501-821-5555 ENGINEER: White-Daters & Associates STREET ADDRESS 24 Rahling Circle CITY/STATE/ZIP Little Rock, AR 72223 TELEPHONE NO. 501-821-1667 AREA 58 Acres NUMBER OF LOTS 132 FT. NEW STREET 6,100 ZONING R-2 PROPOSED USES Single Family Residential PLANNING DISTRICT CENSUS TRACT VARIANCES REQUESTED I •) 20 foot front building setback 2•) 5 foot side yards on all lots 3.) Grade the entire project with the development of Phase 1 4.) subd doc 5 01/17/19 VARIANCE/WAIVER REQUEST FORM Date Filed 02/13/2023 Plat Name Fletcher Valley Phase 2 File No, Owner: PotlatchDeltic Engineer:White- aters & AssociatR Address: 7 Chenal Club Blvd Address: 24 Rahling Circle Little Rock, AR 72223 LiWe Rock, AR 72223 PhnnP 501-821-5555 Phnno- 501-821-1667 Variance(s) Requested: (1) Clear and grade lots for the entire project with construction of Phase 1 (2) 20 foot front set back (3) 5 foot side yard set back on all lots Justification: On site material will be used to fill the lots. If not completed prior to street improvements fill material will be hauled over street in trucks. The steep topography_ justifies the reduced setback Owner's Signature: Tiwto-Hmay E Date 02/13/2023 PLANNING 90MMISSIMACT�ON: Approval (V Date T !�__�__, I Z I�wAC ( ) Date Basis for Decision: S Wit_ G /Vim;-04 BOARD OF DIRECTORS ACTION: Approval ( ) Date Denial () Date Basis for Decision: ,�• �� � Gi f Si hh o I, ME 9Qk2=ue 44-8=p= . 1i4 I_ I ss€gdssp- �:_fi:Pgea�,a�4"-s�s�>;ee4F??� �-" A"e�9ez_.•as 5�=e Pa. i. III I I + f15`p °-63E gs.'�9ag:.n'kRe LL � I {i S { �4i s„4Fa 4—b�_p°� Pii gg [[ tt e �� 4{ : •I a € ��-ea 133P, tpir� r x� ��• m 1 I 6 Fg •e �r1 i4 � 6 I I .I rg �8 ".€€1 r @ 9 6�FS • �±'� I � I r T r^ r i` f I I f j1pil Is f"Ni It a x �P j.• I N I i�•� � '�!r r + r r gssF=3 �: �i: : $ GV�i S cgt• I � r Y r r x ry r r �P•fl jR'e % � � � � r � •sao,e^s y r I ,' fd v= + • r a f•1 � a •� + \rr ar• _� e��� • �r Ir+ �q �Ir 1 . m0 _ y t f, ■ + 7 O e aF 7/28/22, 12:13 PM Little Rock, AR Code of Ordinances Sec. 31-87. - Application form. S-1999-60 The following information is to be included as supplemental information to the preliminary plat package. These criteria may be submitted in an information format as part of the cover letter and shall be filed with the required plat materials. They are: (1) Proposed -name and type of subdivision. (2) Name and address of land owner with source of title. (Deed record book and page or instrument number required.) (3) Name and address of subdivider. (4) Linear feet of internal streets. (5) Average size of lots and minimum lot size. (6) Number of lots. (7) Applicable existing covenants, and the proposed covenants on the land. (8) Proposed source of water supply. (9) Proposed means of wastewater disposal. (10) Request for variances, waivers, or deferrals. (Completion of variance and waiver request form required.) (11) Date of plat survey. (Code 1961, § 37-18(a); Ord. No. 15,529, § 1e, 8-16-88; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,861, § 1(aa), 3-21-95; Ord. No. 18,031, § 1(z), 6-1-99) Sec. 31-88. -Vicinity map. A vicinity map shall be filed. It shall cover an area within a radius of one-half mile of the proposed subdivision at a scale of one (1) inch to two thousand (2,000) feet. The drawing shall generally locate arterial streets, highways, section lines, railroads, schools, parks and other significant community facilities; and, if possible, shall be incorporated on the preliminary plat. (Code 1961, § 37-18(b)) Sec. 31-89. - Preliminary plat. A preliminary plat shall be submitted in the number of copies as established by the planning staff. it shall be clearly and legibly drawn and shall be submitted in a format as directed by the planning staff. Plat scale shall be one (1) inch equals fifty (50) feet for plats up to and including ten (10) acres and one (1) inch equals one hundred (100) feet for plats larger than ten (10) acres, except where a smaller scale may be deemed appropriate by the staff. The preliminary plat shall be identified by the name of the subdivision, and shall about:blank 1/6 7128/22, 12.13 PM Little Rock, AR Code of Ordinances include all information listed below. The preliminary plat shall also be submitted in an electronic format compatible with equipment in the department of planning and development of the city. Data shall be in Computer -Aided Design (CAD) compatible .DXF or .DWG (compatible with software available in the department of planning and development of the city) format containing the information listed below: (1) Contours shown at intervals of not more than five (5) feet for terrain with an average slope exceeding ten (10) percent or more, and at an interval of two (2) feet for terrain with slopes less than ten (10) percent. The source of the contours along with the source from which all elevations were derived shall be clearly described. (2) Proposed design including streets, alleys and sidewalks with proposed street names, lot lines with approximate dimensions, service easements, land to be reserved or dedicated for public uses and land to be used for purposes other than residential. (3) Minimum building front yard setback lines for commercial or office, industrial, mobile home park and residential subdivisions, and all setback lines for zero -lot -line, apartment and townhouse development. (4) Natural features within and surrounding proposed subdivision including drainage channels, bodies of water, wooded areas and other significant features. On all watercourses leaving the tract, the direction of flow shall be indicated, and for all watercourses entering the tract, the drainage area above the point of entry shall be noted. (5) The storm drainage preliminary analysis showing drainage data for all watercourses entering and leaving the plat boundaries. The storm drainage analysis shall be prepared in sufficient detail to illustrate the proposed system's capability of accommodating storm events as required by the stormwater management and drainage manual. (6) Date of survey, north point and graphic scale. (7) Any portion of property within the floodway or the one -hundred -year floodplain, based upon the federal insurance administration's national flood insurance program provided for and adopted by the city. (8) Features within and surrounding the proposed subdivision including existing and platted streets, bridges, culverts, utility lines, pipelines, power transmission lines, all easements, park areas, structures, city and county lines, section lines and other significant information. (9) Preliminary storm drainage plan incorporating proposed easement dimensions and typical ditch sections. (10) Names of recorded subdivisions abutting the proposed subdivision, with plat book and page number or instrument number. (1 1) For residential plats, names of owners of unplatted tracts abutting the proposed subdivision and the names of all owners of platted tracts in excess of two and one-half (21/2) acres. about:blank 7/28/22, 12:13 PM Little Rock, AR Code of Ordinances (12) For commercial plats, names of owners of all land contiguous to the proposed subdivision. (13) The names of all owners of landlocked parcels contiguous to or within the plat boundaries. (14) Boundary survey information of the tract shall be as follows: a. Boundary lines shall be indicated by a heavy line. b. Adjusted bearings and distances shall be shown on all boundary lines and ties to all corners of record utilized. Where boundary lines are curves, sufficient curve data shall be provided to adequately describe the curve. As a minimum, curve data for each curve shall consist of radius, arc distance, delta angle and chord bearing and distance. Where boundary lines are common with previously platted properties, record bearings and distances shall also be shown. c. Accurate locations and adequate physical descriptions of all monuments shall be shown indicating size, type of material and construction thereof. d. Metes and bounds legal description of the tract boundary. (15) Zoning classifications within the plat and abutting areas. (16) Municipal boundaries that pass through or abut the subdivision. (17) Certifications that the plat has been surveyed and duly filed for record in the offices of the state surveyor and the county circuit clerk and recorder within the last seven (7) years. (18) A phasing plan outlining the boundaries for each phase. (Code 1961, § 37-18(d); Ord. No. 15,929, § 1(c-0, 9-4-90; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,861, § 1(aa), (ss), 3-21-95; Ord. No. 18,031, § 10), (aa), 6-1-99; Ord. No. 18,902, § 1(m), 7-15-03; Ord. No. 21,867, § 1, 5-19-20) Sec. 31-90. - Engineering analysis. An engineering analysis containing the following information shall be filed: (1) At the option of the staff and where a street grade variance is being requested, the following information shall be provided: a. Street cross sections of all proposed streets at one -hundred -foot stations as follows: 1. On a line at right angles to the centerline of the street. 2. Elevation points shall be at the centerline of the street, each property line and points twenty-five (25) feet inside each property line. b. Street profiles showing existing and proposed elevations along centerlines of all roads drawn at a horizontal scale of one hundred (100) feet to the inch and a vertical scale of ten (10) feet to the inch, or as otherwise allowed by the public works department. Where about:blank 3/6 7128/22. 12:13 PM Little Rock, AR Code of Ordinances required, such profiles shall be prepared by an engineer registered to practice in the state. (2) An analysis of all stormwater conveyance for the one hundred -year storm event onto, within, and leaving the property to be provided to the staff for review. Such analysis shall be prepared by the engineer of record at owner's expense. The analysis shall determine to the best of the engineer's ability a safe building line, conveyance channels, and drainage easements, and it shall be clearly and legibly drawn on the preliminary plat. (Code 1961, § 37-18(e); Ord. No. 17,697, § 3d, 3-17-98; Ord. No. 21,867, § 1, 5-19-20) Sec. 31-91. - Certificates. Each preliminary plat submitted to the planning commission shall carry the following certificates as appropriate: CERTIFICATE OF PRELIMINARY SURVEYING ACCURACY I, , hereby certify that this plat correctly represents a boundary survey made or verified by me that all surveying requirements of the State of Arkansas and City of Little Rock Subdivision Rules and Regulations have been complied with and filed for record as required. Date of Execution f Name Professional Surveyor M Arkansas CERTIFICATE OF PRELIMINARY ENGINEERING ACCURACY I, _, hereby certify that this plat correctly represents a plat made by me, and that engineering requirements of the Little Rock Subdivision Rules and Regulations have been complied with. Signed, about:blank 4/6 ' 7/28122, 12:13 PM . Date of Execution Little Rock, AR Code of Ordinances Name, Registered Engineer No. Arkansas CERTIFICATE OF PRELIMINARY PLAT APPROVAL All requirements of the Little Rock Subdivision Rules and Regulations relative to the preparation and submittal to a preliminary plat having been fulfilled, approval of this plat is hereby granted, subject to further provisions of said rules and regulations. This certificate shall expire Date of Execution ed, ie, Planning emission (Code 1961, § 37-18(e)(1); Ord. No. 15,929, § 1(g), 9-4-90; Ord. No. 16,341, § 1(qq), 1-19-93; Ord. No. 20,326, § 1(b), 9-21-10) Sec. 31-92. - Fees. Filing fees for preliminary plats shall be as established by ordinance. (Code 1961, § 37-18(e)(2)) Cross reference— Fees for subdivision applications, § 23-3. Sec. 31-93. - Bill of assurance. about:blank 5/6 7/26122, 12:13 PM Little Rock, AR Code of Ordinances The draft submitted shall use the format provided within the sample draft provided by staff. This format will ensure that the proposed bill of assurance separates those provisions required in the plat by ordinance and those provisions desired by the developer. (Code 1961, § 37-18(e)(3); Ord. No. 18,031, § 1(h), 6-1-99) about:blank 6/6 City of Little Rock Planning and Development Filing Fees Date 02-22 Annexation Board of Adjustment Cond Use Permit/T UP Easement Abandonment Final Plat Planned Zoning Dev Preliminary Plat Special Use Permit Rezoning Right -of -Way Abandonment Site Plans Street Name Change Street Name Signs Number at ea Public Hearing Signs Number 1 at 5 ea 20 23 �� ok UTTLE, n u El �� - as - PLANNING & DEVELOPMENT E.9 EI $ 1330 Total $ 1330 File No S-1888-C Location North side of Kanis Rd, West of Fletcher Ridge Applicant Tim Daters (WDA) By Torrence Thrower Y FEB 2, 2 PAID CITY OF 0TTLE t? r BUILDING '17 ©WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle Little Rock, Arkansas 72223 Phone: 501-821- 1667 ' www.whitedaters.com February 13, 2023 Mr. Torrence Thrower, Development Specialist City of Little Rock 723 W. Markham St. Little Rock, Arkansas 72201 RE: Fletcher Valley Phase 2 - Preliminary Plat Mr. Thrower, Attached are three (3) copies of the Preliminary Plat for the above captioned project. Please place this item on the agenda for the April Planning Commission meeting. This project will be part of the Fletcher Valley. I have attached a copy of the Bill of Assurance for Fletcher Ridge which will be very similar to the BOA for this project. The entire project will be graded as part of Phase 1 of the development. Thank you for your assistance. Please contact me if you need any additional information. Sincc - i'imot _. tars. Encl: Preliminary Plat (3 copies) Application Form Information Form Owners Affidavit Fletcher Ridge BOA (As a Sample) CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - CONSULTING sfpzd.doc 02/13/23 AFFIDAVIT 1 DAVE MEGHREBLIAN certify by my signature below that I hereby authorize WHITE-DATERS & ASSSOCIATES to act as my agent regarding the PRELIMINARY PLAT APPLICATION of the below described property. Property described as: 58 ACRES IN SECTION 34, T-2-N, R-14-W, LITTLE ROCK, AR • BEING NORTH OF KANIS ROAD, NORTH OF CHENAL DOWNS AND WEST OF FLETCHER RIDGE Signature of Title Holder Date Subscribed and sworn to me a Notary Public on this day of Notary Public My Commission Expires: Instrument# 2020077706 Page 1 of 12 11111111111111111111111111111111111 IN 1111 2020077706 PRESENTED: 11-19-2020 12:14:37 PM RECORDED: 11-19-2020 12:18:33 PM F In Official Records of Terri Hollingsworth Circuit/County Cierk PULASKI CO, AR FEE $70.00 Prepared by: Friday, Eldredge & Clark 400 W. Capitol, Suite 2000 Little Rock, AR 72201 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: Fy,kTa-2�)ZPp iV 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 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 S25°32'41"W, 51.96 FEET; THENCE S54014'52"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 Instrument# 2020077706 Page 2 of 12 S01059'51 "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/ �Ej�7,in the office of the Circuit Clerk of Pulaski County as Instrument No. M=4�Z4(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 �Oc 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 Instrument# 2020077706 Page 3 of 12 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 Little 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 PIat and this Bill of Assurance, to use the area for landscaping, United States Postal Service kiosks, Sanitary Sewer mains, Sanitary Sewer services and Instrument# 2020077706 Page 4 of 12 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 SHALLBE 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 lust 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 BEAT 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 I —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 4 Instrument# 2020077706 Page 5 of 12 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. W1 Instrument# 2020077706 Page 6 of 12 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. Dele a�f 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 Type 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. n Instrument# 2020077706 Page 7 of 12 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 Lot Number Lots 5-12, Block 1, Lot 19, Block 2 Lot Number Lot 1, Block 2 One Story Minimum Sq. Ft. Not less than 1,500 Multi -Story Minimum Sq. 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 Minimum Sq. Ft. Minimum Sq. Ft. Not less than 1,500 Not less than 1,800 square feet or more square feet or more than than 2,800 square feet 2,800 square feet Residence shall not be less than 11/2 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 Instrument# 2020077706 Page 8 of 12 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. Tem ❑ 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. H., Instrument# 2020077706 Page 9 of 12 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. Property Lines and Boundaries. Iron pins have been set on all lot comers 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. 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. 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 Instrument# 2020077706 Page 10 of 12 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 Instrument# 2020077706 Page 11 of 12 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. ,$h EXECUTED this /6 day of 2020. POTLATCHDELTIC REAL ESTATE, LLC By:DO;ik David Meghreblian, V' e President 11 Instrument# 2020077706 Page 12 of 12 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 /&Lb day of 2020. My Commission Expires: SUZANNE AEE BDlTE Notary Public-Atkonses Saline County Yy Commission Expires 02-19•2020, Commission s 12710071 WPu �1.� � ■'. 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