HomeMy WebLinkAboutS-1902-A ApplicationTamara Guffey
From: Smith, Christopher J. <csmith@littlerock.gov>
Sent: Thursday, June 23, 2022 12:24 PM
To: Tamara Guffey
Cc: Brian Dale; Dan Havner; Benson Leboeuf; Moore, Monte; Harper, Vance
Subject: RE: Plats for Review
Attachments: Reviewed 6-23-2022 25R Chenal Valley Replat_preliminary_6-9-22.pdf; Reviewed
6-23-2022 Cantrell Village PRELIMINARY LOT SPLIT 6-7-22.pdf
Tamara,
See attached for minor review comments. Whitehaven plat is good to go. Make sure to have all surveying and
engineering seals signed and dated on plats before recording. Once minor comments are addressed, I can recommend
final recording of the plats to Mr. Moore.
Regards,
Christopher Smith, P.E.
Design Review Engineer
City of Little Rock
Planning and Development — Engineering
723 West Markham Street
Little Rock, AR 72201
Office: (501) 371-4817
Cell: (501) 414-1848
Fax: (501) 399-3435
https://www.Iittlerock.govJ
From: Tamara Guffey <tguffey@joewhiteassociates.com>
Sent: Wednesday, June 22, 2022 3:40 PM
To: Smith, ChristopherJ. <csmith@littlerock.gov>
Cc: Brian Dale <bdale@joewhiteassociates.com>; Dan Havner <dhavner@joewhiteassociates.com>; Benson Leboeuf
<bleboeuf@joewhiteassociates.com>; Moore, Monte <MMoore@littlerock.gov>
Subject: Plats for Review
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good afternoon Mr. Smith
We have three plats/replats attached that are ready to review and record.
1. Lots 3 & 4 Cantrell Village Lot Split
2. Lot 25R Chenal Valley Replat
3. Lots 1-4 Whitehaven Addition Plat
Please let us know if there are questions. We are ready to file these as soon as we can.
Thank you
Tamara Guffey
Office Manager
10 JOE WHITE & ASSOCIATES, INC.
CIVIL k\GNEIRI\G - CONSLITING SERMTS • LAND SURVEVING
3 low
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.ioewhiteassociates.com
Tamara Guffey
From: Terrian Tyler <Terrian.Tyler@lrwra.com>
Sent: Friday, June 24, 2022 10:53 AM
To: Tamara Guffey
Cc: Scott Taylor
Subject: RE: Final Plat Approval- Whitehaven Subdivision
Good morning,
LRWRA has no objections to this plat.
Thank you,
Terrian Tyler
Developer Funded Project Engineer
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501) 688-1431
www.Irwra.com
LITTLE ROCK
Wa} ar Redamation
Aj ft"ority ONE WATER.
ONE FUTURE.
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: Scott Taylor <Scott.Taylor@lrwra.com>
Sent: Thursday, June 23, 2022 1:47 PM
To: Terrian Tyler <Terrian.Tyler@lrwra.com>
Cc: Tamara Guffey <tguffey@joewhiteassociates.com>
Subject: FW: Final Plat Approval- Whitehaven Subdivision
Importance: High
Terrian,
Please read chain below and respond as soon as you can.
Thanks,
Scott Taylor
Project Administrator, Survey and Design
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501) 688-1449
www.Irwra.com
LITTLE RGCK
'dater Reclamation
AuthorityONI: FV' -R.
ONE l;.:1RE.
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: Tamara Guffey <t of e 'oewhiteassociates.com>
Sent: Thursday, June 23, 2022 1:22 PM
To: Scott Taylor <Scott.Ta for Irwra.com>; CENHRT-South Little Rock Construction comcast.com
Subject: FW: Final Plat Approval- Whitehaven Subdivision
Importance: High
Have you had a chance to review this plat? I may have missed your comments.
The city has given us the ok to move forward with recording.
Please let me know if you need anything else to approve this.
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATES9 INC.
404,
. CIVIL ENUNEERING • SERVICES . 1a%ND St R1'01NG
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.moewhiteassociates.com
From: Tamara Guffey
Sent: Monday, June 20, 2022 9:33 AM
To: Scott.Ta for lrwra.com; Joni Bates (ioni.bates center ointener .com) <loni ba#esC�centerpoirttet�ergy.com>;
im4138@att.com; CENHRT-South Little Rock Construction comcast.com; Henderson, Jeremy
<ihende9@entergy.com>; Andrew Pownall <Andrew.Pownali carkw.com>
Cc: vhar er littierock. ov; csmitl7 littlerock. ov; Brian Dale <ladale oewhiteassociates.com>
Subject: Final Plat Approval- Whitehaven Subdivision
Attached is the Plat of Lots 1-4 Whitehaven Subdivision, an addition to the City of Little Rock.
We would like to file this plat by Friday, July 1, 2022. Could you please review the attached plat and email back your
comments prior to this date?
Any questions may be directed to Brian Dale, PE at bdaie ioewhiteassociates.corn or call (501) 214-9141.
Thank you for your assistance.
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATES, INC.
116 kI1 '1 Ilti'<-"".I �..I\i.•t(4\:'I �111��-•'I?.,ik:�-I-% N I ) tit �AI.1' 1\S.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Direct: (501) 340-0721
Website: www.joewhiteassociates.com
Tamara Guffe
From: Courtney Johnston <cjohnston@summitutilities.com>
Sent: Tuesday, June 21, 2022 1:08 PM
To: Tamara Guffey
Cc: Joni Bates
Subject: RE: [External Email] Final Plat Approval- Whitehaven Subdivision
Good afternoon,
We have reviewed these plats and found that Summit Utilities does not have conflicts with these changes. Please let this
serve as our letter of approval.
Thank you,
T#N Courtney Johnston
Associate Engineer I AR/OK Region
SCln7ft77 501.377.4764 w. 1501.398.4157 c.
ciohnston(@_summitutilities.com
From: Bates, Joni B <joni.bates@centerpointenergy.com>
Sent: Monday, June 20, 2022 10:52 AM
To: Courtney Johnston <cjohnston@sum mitutilities.com>
Subject: FW: [External Email] Final Plat Approval- Whitehaven Subdivision
Can you please have someone review.
Thanks, Joni
Joni Bates
Marketing Coordinator
Summit Utilities
501-377-4558
Summit
T I L I T I E S
From: Tamara Gulley <tguffey ioewhiteassociates.com>
Sent: Monday, June 20, 2022 9:33 AM
To: Scott.Tavlor@Irwra.com; Bates, Joni B <joni.bates@center ointener _com>; Im4138@att.com_; CENHRT-
South Little Rock Construction comcast.com; Henderson, Jeremy <11jende9 entergv.corn>; Andrew Pownall
<An d rew. Powna I I @ca rkw.co m>
Cc: vharper@littlero.ck.gov; csmith littlerock. ov; Brian Dale <bdale@ 0oewhiteassociates.com>
Subject: [External Email] Final Plat Approval- Whitehaven Subdivision
EXTERNAL EMAIL
CAUTION: This message originated from outside CenterPoint Energy. Do not click on links, open attachments, or enter
data unless you recognize the sender, were expecting the content and know it to be safe.
Attached is the Plat of Lots 1-4 Whitehaven Subdivision, an addition to the City of Little Rock.
We would like to file this plat by Friday, July 1, 2022. Could you please review the attached plat and email back your
comments prior to this date?
Any questions may be directed to Brian Dale, PE at bdale joewhiteassoclates.com or call (501) 214-9141.
Thank you for your assistance.
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATE$2 INC.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Direct: (501) 340-0721
Website: www.ioewhiteassociates_com
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2
Tamara Guffe
From: PATTERSON, KEVIN <KP4080@att.com>
Sent: Monday, June 20, 2022 3:27 PM
To: Tamara Guffey
Cc: MANION, JOSEPH E
Subject: RE: Final Plat Approval- Whitehaven Subdivision
AT&T sees no issue with this PLAT
Thank You,
Kevin L. Patterson
MGR OSP Engineer
AT&T
17000 Cantrell Rd
Little Rock, AR 72223
501-691-1987
From: MANION, JOSEPH E <jm4138@att.com>
Sent: Monday, June 20, 2022 9:58 AM
To: PATTERSON, KEVIN <KP4080@att.com>
Cc: Tamara Gulley <tguffey@joewhiteassociates.com>
Subject: FW: Final Plat Approval- Whitehaven Subdivision
Kevin,
This is your area I believe.
JasFIVIIAWIVIO v
AT&T OSP ENGR.
501-416-5541
From: Tamara Gulley <tguffey@ 'oewhiteassociates_com>
Sent: Monday, June 20, 2022 9:33 AM
To: Scott.Taylor@Irwra.com; Joni Bates (moni.bates center ointener .com) <joni.bates _ centerpointenergy.com>;
MANION, JOSEPH E <jm4138@att.com>; CENHRT-South Little Rock Construction comcast.com; Henderson, Jeremy
<jhende9 enterp,v.com>; Andrew Pownall <Andrew.Pownall carkw.com>
Cc: vharper littlerockgov; csmith littlerock. ov; Brian Dale <bdale oewhiteassociates.com>
Subject: Final Plat Approval- Whitehaven Subdivision
Attached is the Plat of Lots 1-4 Whitehaven Subdivision, an addition to the City of Little Rock.
We would like to file this plat by Friday, July 1, 2022. Could you please review the attached plat and email back your
comments prior to this date?
Any questions may be directed to Brian Dale, PE at bdale ioewhiteassociates.com or call (501) 214-9141.
Thank you for your assistance.
Tamara GufFey
Office Manager
JOE WHITE & ASSOC XTES, INC._
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Direct: (501) 340-0721
Website: www.moewhiteassociates.com
Tamara Guffe
From: Henderson, Jeremy <jhende9@entergy.com>
Sent: Monday, June 20, 2022 1:16 PM
To: Tamara Guffey
Subject: RE: Final Plat Approval- Whitehaven Subdivision
Entergy approves.
From: Tamara Gulley <tguffey@joewhiteassociates.com>
Sent: Monday, June 20, 2022 9:33 AM
To: Scott.Taylor@lrwra.com; Joni Bates (joni.bates@centerpointenergy.com) <joni.bates@centerpointenergy.com>;
jm4138@att.com; CENHRT-South_ Little _ Rock_ Construction@comcast.com; Henderson, Jeremy
<jhende9@entergy.com>; Andrew Pownall <Andrew.Pownall@carkw.com>
Cc: vharper@littlerock.gov; csmith@littlerock.gov; Brian Dale <bdale@joewhiteassociates.com>
Subject: Final Plat Approval- Whitehaven Subdivision
Attached is the Plat of Lots 1-4 Whitehaven Subdivision, an addition to the City of Little Rock.
We would like to file this plat by Friday, July 1, 2022. Could you please review the attached plat and email back your
comments prior to this date?
Any questions may be directed to Brian Dale, PE at bdale@loewhiteassociates.com or call (501) 214-9141.
Thank you for your assistance.
Tamara GufFey
Office Manager
JOE WHITE & ASSOCIATES, INC.
!\li SA:{;ltill::'� II4c. Sk I[L'llf�-lAti[]u.xtl 5'fX{.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Direct: (501) 340-0721
Website: www.moewliiteassociates.com
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: Andrew Pownall <Andrew.Pownall@carkw.com>
Sent: Tuesday, June 21, 2022 10:01 AM
To: Tamara Guffey
Cc: Chris Green
Subject: RE: [External] Final Plat Approval- Whitehaven Subdivision
CAW has no objections to the plat.
Andrew Pownall, PE
Senior Engineer
Central Arkansas Water
501-377-1342 (Office)
501-218-6898 (Cell)
[n:falWater
tr.R.n
From: Tamara Guffey <tguffey@joewhiteassociates.com>
Sent: Monday, June 20, 2022 9:33 AM
To: Scott.Taylor@lrwra.com; Joni Bates (joni.bates@centerpointenergy.com) <joni.bates@centerpointenergy.com>;
jm4138@att.com; CENHRT-South_ Little_ Rock_ Construction@comcast.com; Henderson, Jeremy
<jhende9@entergy.com>; Andrew Pownall <Andrew.Pownall@carkw.com>
Cc: vharper@littlerock.gov; csmith@littlerock.gov; Brian Dale <bdale@joewhiteassociates.com>
Subject: [External] Final Plat Approval- Whitehaven Subdivision
[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 -
Attached is the Plat of Lots 1-4 Whitehaven Subdivision, an addition to the City of Little Rock.
We would like to file this plat by Friday, July 1, 2022. Could you please review the attached plat and email back your
comments prior to this date?
Any questions may be directed to Brian Dale, PE at bdale ioewhiteassociates.com or call (501) 214-9141.
Thank you for your assistance.
Tamara Guffey
Office Manager
JOE. WHITE & ASSOC141rE% INC.
9}� r''ll'I1.ItiY--.I\i'Y:xi\[..ltSYtil'1.11��.�f-F!\'I['I i�lAVl1 tit ?: h'1=1'9�C,
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Direct: (501) 340-0721
Website: www.joewhiteassociates.com
This Instrument Prepared Bv_:
Michael B. Childers, P.A.
Friday, Eldredge & Clark LLP
400 W. Capitol Ave., Ste. 2000
Little Rock, AR 72201
11111111111111111111111111111111111111111 2022058248
PRESENTED: 08-22-202210:02:52 AM RECORDED: 08-22-202210:15:44 AM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $80.00
� I i LL
Vv Zola d
BILL OF ASSURANCE
Whitehaven Subdivision
KNOW ALL BY THESE PRESENTS:
THAT, WHEREAS, MATTHEW WHITE and KELLY WHITE, Trustees of the
MATTHEW WHITE AND KELLY WHITE FAMILY TRUST (hereinafter called
"Developer"), is the sole owner of the following described property lying in Pulaski County,
Arkansas (the "Property"), to wit:
A PART OF THE NE1/4 SWIA OF SECTION 24, T-2-N, R-14-W, PULASKI
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT C,
BELLES FLEURS, AN ADDITION TO THE CITY OF LITTLE ROCK,
PULASI I COUNTY, ARKANSAS, SAID POINT LYING ON THE WEST
RIGHT OF WAY LINE OF LAMARCHE DRIVE; THENCE S01°31'57W,
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 631.90
FEET; THENCE N88155'52"W, A DISTANCE OF 421.60 FEET; THENCE
N01-07'53"E, A DISTANCE OF 330.49 FEET; THENCE N89°12'31"W, A
DISTANCE OF 189.67 FEET TO A POINT ON THE EAST LINE OF LOT
35C, VALLEY FALLS ESTATES, AN ADDITION TO THE CITY OF
LITTLE ROCK, PULASKI COUNTY, ARKANSAS; THENCE N00°52'52"E
ALONG SAID EAST LINE OF LOT 35C, A DISTANCE OF 300.00 FEET TO
A POINT ON THE SOUTH LINE OF TRACT C, BELLES FLEURS;
THENCE S89008'45"E, ALONG SAID SOUTH LINE, A DISTANCE OF
617.01 FEET TO THE POINT OF BEGINNING. CONTAINING 7.45
ACRES, MORE OR LESS.
shown on the Plat (hereafter defined) as Whitehaven Subdivision Lots 1-4, an Addition to the City
of Little Rock, Pulaski County, Arkansas (the "Addition"), which consists of four separate lots
labeled one through four (each a "Lot" and, collectively, the "Lots") as well as a tract of land shown
on the Plat that includes a private street designated as Whitehaven Cove and adjoining and internal
common areas (the "Street Tract"); and
9312139.1
WHEREAS, it is deemed advisable that the Property shown on the Plat be subdivided into
building lots and a private street as shown on the Plat, and that the Property be held, owned and
conveyed subject to the protective covenants and restrictions herein contained, in order to create a
common scheme of development for the Addition and to enhance the value of the Property.
NOW, THEREFORE, for and in consideration of the benefits to accrue to it, its successors
and assigns, which benefits it acknowledges to be of good and sufficient value, the Developer has
caused the Property to be surveyed by Benson John LeBoeuf, Registered Land Surveyor No. 1900
of Joe White & Associates, Inc., and a plat thereof made which is identified by the title Whitehaven
Subdivision Lots 1-4, an Addition to the City of Little Rock, Pulaski County, Arkansas, dated June
1, 2022, which bears a Certificate of Final Approval executed by the Little Rock Planning
Commission and is on record in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski
County, Arkansas as Instrument No. (the "Plat"), and
the Developer hereby makes this Bill of Assurance.
Developer hereby certifies that it has platted the Property in accordance with the Plat. The
lands embraced in the Plat shall be forever known as designated on the Plat; and every deed of
conveyance of any lot or tract in the Property shall use this designation. Developer hereby dedicates
to the owners of the Property (but not the public) a private, non-exclusive easement of way on and
over Whitehaven Cove as shown on the Plat to be used as a private street, for vehicular and
pedestrian traffic, which shall also be for the benefit and use of all providers of Public Utilities
(hereafter defined) and all fire, ambulance, police and other emergency vehicles. In addition, there
are shown on the Plat certain easements on each Lot for drainage and utilities which, along with the
Street Tract, Developer hereby donates and dedicates to and for the use of public utilities (the
"Public UdIities"), the same being, without limiting the generality of the foregoing, electric power,
gas, telephone, water, sewer and cable television with the right hereby granted to the persons, firms
or corporations engaged in the supplying of such utilities to the Lots to use and occupy such
easements, and to have free ingress and egress therefrom for the installation, maintenance, repair
and replacement of such Public Utilities.
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, Arkansas shall be a valid and complete delivery and
dedication of the easements to the owners of the Lots, providers of Public Utilities, and emergency
services providers, subject to the limitations herein set out.
The Property, and any interest therein, shall be held, owned and conveyed subject to and in
conformity with the following covenants, equitable servitudes and restrictions which shall run for
the period set forth herein, unless amended or terminated in accordance with this Bill of Assurance:
1. Use of Land. Each of the Lots shall be held, owned and used only as residential building
sites, with access provided from the Street Tract as depicted on the Plat. No structures shall be
erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family
residence, and any accessory buildings otherwise permitted herein or approved by Developer. The
Street Tract shall be used only for (i) providing access to the Lots and (ii) for drainage, buffer,
utility, and landscaping and greenspace purposes as set forth in this Bill of Assurance. No
2
9312139.1
improvements or utilities shall be placed on the Street Tract without first obtaining the consent of
the appropriate agencies of the City of Little Rock and Developer.
2. Common Amenities. The Street Tract, including the security gate (and any keypad or other
access devices), and any lighting, signage, landscaping and irrigation installed on the Street Tract
(collectively, the "Common Amenities") shall be common amenities for the benefit of all Lot
owners. No Lot owner shall have any right to construct or remove any Improvements on the Street
without the prior written consent of Developer. The Street Tract, including the Common Amenities,
shall initially be maintained by the Developer, for so long as the Developer owns Lot 2 in the
Addition, and thereafter by any successor owner of Lot 2; provided, however, that any utilities
installed for Public Utilities shall be maintained by the applicable providers of the Public Utilities at
their sole expense. Notwithstanding the foregoing, all costs and expenses incurred by the Developer
or other owner of Lot 2 shall be subject to reimbursement from the other Lot owners as provided in
Section 5 of this Bill of Assurance. The private access easement over the Street Tract is currently
dedicated to the owners of the Lots (but not the public) as a private access easement for vehicular
and pedestrian traffic for use as set forth above. Developer, at any time while Developer owns any
interest in the Property, reserves for itself and shall have all necessary right and authority without
the approval or joinder of any other Lot owner or other party, to donate and dedicate the Street Tract
or any portion thereof as a public street if such donation and dedication is accepted by the City of
Little Rock and thereafter the City of Little Rock assumes all responsibility for maintaining and
repairing Whitehaven Cove. After the Developer no longer owns any interest in the Property, the
then record owners of at least seventy five percent (75%) of the Lots may approve the dedication
and donation of Whitehaven Cove as a public street in accordance with the requirements of the City
of Little Rock.
3. Architectural Control. No residence or other improvements (including, without limitation,
walls, retaining walls, fences, mailboxes, swimming pools, decks and patios) (each an
"Improvement") shall be constructed, installed or maintained upon the Property and no alteration or
repainting to the exterior of any Improvement following its initial construction shall be permitted,
unless first approved in writing by the Developer. For purposes of this paragraph, an Improvement
shall include the installation, modification or removal of trees, shrubbery, ground cover or other
landscaping on a Lot, but excludes the replacement of any dead or diseased landscaping with
substantially the same species or material. Developer intends that the Addition should be developed
as an exclusive neighborhood of large, wooded lots with attractive homes constructed with the
highest quality design, materials and workmanship. Developer desires that each residence
constructed in the Addition should complement all other residences and the natural setting
surrounding the residences, without discordant architectural styles and obtrusive colors. Therefore,
to ensure the quality of the Addition and to preserve its value, Developer shall have the right, in its
sole and absolute discretion, to approve all building plans and specifications, exterior color schemes,
architectural renderings, site plans, material schedules, and other plans and specifications of every
kind whatsoever (collectively, the "Plans") for the construction, installation, alteration and/or
remodeling of any residence or other Improvements of any kind whatsoever on the Property,
including the installation of any landscaping on the Property. In addition, Developer shall have the
right to approve all builders and general contractors who will initially construct each residence in
the Addition. Developer's review and approval of Plans shall be for aesthetic considerations only,
3
9312139.1
and Developer is not responsible for the structural adequacy or safety of any aspect of the Plans, or
for any design defects in the Plans or the construction of any Improvements in accordance with the
Plans. Developer shall not be liable, in damages or otherwise, to any Lot owner or other party
submitting Plans for approval by reason of mistake in judgment, negligence or nonfeasance of
Developer, its agents or consultants, arising out of or in connection with the approval or
disapproval, or failure to approve any Plans. By virtue of submitting Plans to the Developer for
approval, every parry so submitting shall be deemed to have waived all claims for damages and
other remedies against Developer resulting from any such negligence, acts or omissions.
4. Approval of Plus. Prior to commencing the construction or installation of any
Improvements on a Lot, the Lot owner shall submit to Developer the written plans and
specifications for such Improvements (the "Plans") which shall include, but not necessarily be
limited to, the following, as applicable:
(a) A site plan showing the location of the residence, any accessory buildings, and all other
proposed Improvements for the Lot. Existing grades shall be shown at Lot corners and at
corners of the proposed Residence and other structural Improvements (including retaining
walls).
(b) Exterior elevations of the residence and any accessory building.
(c) Exterior materials, colors, textures and shapes used in the Improvements and the
manufacturers thereof.
(d) Foundation plans and structural designs.
(e) Roof plans with pitches and roofing materials.
(f) Parking areas and driveway plans.
(g) Swimming pools, terraces, decks, and outdoor living areas.
(h) Landscaping plans, including bed locations, and the descriptions, sizes and quantities of
trees and shrubs.
(i) The location and design of any mailboxes, walkways, fences, retaining walls and screening.
0) Such other information as requested by Developer.
The initial Plans submitted to Developer shall comply with the minimum design standards set forth
in this Bill of Assurance. The Lot owner shall, in good faith and without unreasonable delay,
modify the Plans as requested by Developer to conform to any requirements for development of the
Lot imposed by Developer. Developer will notify the Lot owner in writing once the final Plans are
approved and a copy of the written Plans for the Lot as finally and expressly approved by Developer
shall be deposited with Developer at the Lot owner's expense. Developer shall have the power to
4
9312139.1
employ professional consultants to assist it in discharging its duties in approving the Plans and the
cost thereof shall be paid by the Lot owner as a condition to approval. Developer's decisions on any
submitted Plans shall be final, conclusive and binding upon the Lot owner. FAILURE TO
OBTAIN WRITTEN APPROVAL OF PLANS FROM DEVELOPER PRIOR TO
COMMENCEMENT OF CONSTRUCTION OR INSTALLATION OF ANY
IMPROVEMENT MAY RESULT IN LEGAL ACTION BEING INSTITUTED BY
DEVELOPER IN ACCORDANCE WITH SECTION 24 OF THIS BILL OF ASSURANCE.
All Improvements shall be constructed or installed in strict accordance with the Plans approved by
Developer.
5. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of
Property covered by this Bill of Assurance, each owner of a Lot shall be deemed to covenant and
agree to pay any and all assessments, charges and/or special assessments which may hereinafter be
levied by the Developer for the operation, maintenance, repair, replacement and improvement of the
Street Tract, the Common Amenities, and any other facilities which may be hereafter dedicated by
Developer for use of all Lot owners (the "Common Expenses"). Common Expenses shall include,
without limitation, the cost of all insurance premiums for the Street Tract and Common Amenities,
the amount charged for the operation, care, upkeep and maintenance of the Street Tract and
Common Amenities, a reasonable amount for working capital, an amount for a general operating
reserve or a reserve fund for repairs and replacements, and an amount to make up any deficit in the
Common Expenses for any prior years. EACH CURRENT AND FUTURE OWNER OF A
LOT WITHIN THE ADDITION IS HEREBY NOTIFIED THAT (I) WHITEHAVEN COVE
IS NOT MAINTAINED BY ANY GOVERNMENTAL ENTITY AND IS INSTEAD
MAINTAINED AT THE SOLE EXPENSE OF THE LOT OWNERS, AND (11) THE
DEVELOPER IS AUTHORIZED AND DIRECTED TO INCLUDE IN EACH ANNUAL
ASSESSMENT OF COMMON EXPENSES AN AMOUNT APPROPRIATE TO
ESTABLISH, AND FROM TIME TO TIME REPLENISH, A MAINTENANCE AND
REPAIR FUND FOR THE ANTICIPATED COST OF MAINTAINING AND REPAIRING
THE STREET TRACT, REGARDLESS OF WHEN AND HOW THOSE COSTS MAY BE
INCURRED. The Developer shall from time to time prepare a budget for Common Expenses and
allocate and assess to each Lot an annual assessment for Common Expenses. Each Lot shall be
allocated one-fourth (1/4`") of the Common Expenses for the applicable year as its annual
assessment. The Developer shall endeavor to notify the Lot owners in writing of the Common
Expenses payable for the applicable year by March 15 of such year, but Developer's failure to
notify any of the Lot owners shall not excuse the Lot owners from paying the assessments due. All
assessments shall be due and payable within thirty (30) days after the assessment. The assessments
and charges levied hereunder, together with interest, costs and reasonable attorneys' fees and
collection costs, and any fines imposed by this Bill of Assurance, shall be a charge on the applicable
Lot and shall be a continuing lien upon the Lot against which each such assessment, charge or other
expense is made or imposed, subordinate only to any bona fide first mortgage lien or first deed of
trust lien on a Lot. The Developer may record a notice of the lien in the real estate records of
Pulaski County if any assessment, charge or other expense payable hereunder is not timely paid, and
thereafter shall have the right to foreclose such lien in accordance with the judicial foreclosure
procedures applicable to the foreclosure of a mortgage on such Lot. Additionally, each such
assessment, charge or other expense, including interest, costs and reasonable attorneys' fees and
5
9312139.1
collection costs, shall also be personal obligations of the individual or entity who was the record
owner of such Lot at the time incurred and may be recovered in any proceedings brought at law or
in equity to collect such obligations. Any assessments, charges or other expenses not paid by a Lot
owner as and when required hereunder, shall bear interest until paid in full at an amount equal to the
lesser of ten percent (10%) per annum or the maximum legal amount of interest allowed under
applicable law. The Developer may change the annual assessments from time to time as necessary
to maintain the Street Tract, Common Amenities and other common areas and facilities for which
the Developer is responsible for maintaining and may levy a special assessment on the Lots at any
time to pay for any extraordinary or unanticipated Common Expenses and/or to make up any deficit
in Common Expenses actually assessed. All such changes and special assessments shall be due and
payable as provided hereunder for annual assessments. Promptly upon request, the Developer shall
provide any Lot owner requesting the same in writing a written statement of all unpaid Common
Expenses due from such owner which may be relied upon by a buyer, lender or title insurance
company in connection with the sale or financing of such Lot.
6. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to
remain on any Lot other than one detached, stick -built, single-family residence not to exceed two
(2) stories in height. All construction shall be approved by Developer, in its sole and absolute
discretion, as provided for in Section 4 of this Bill of Assurance. No existing, erected, or
prefabricated building or structure of any sort (including, without limitation, mobile homes or
manufactured homes) may be moved onto or placed on any of the Property. No trailer, tent, shack,
barn or other outbuilding (other than a pool house approved hereunder) 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 on the Property. If required by any fire marshal, fire department or other
governmental entity with jurisdiction over the Addition, each residence shall be constructed with a
fire sprinkler system.
7. Antennae and Satellite Dishes. No radio or television antenna or tower shall be built or
permitted to remain upon a Lot, except that an antenna located in a rear yard that is no higher than
six (6) feet above the ridgeline of the residence may be permitted with the Developer's consent.
Only small satellite dishes not to exceed 36" x 22" oval shall be permitted to be installed on a
residence. Large ground -mounted satellite dishes are prohibited. All satellite dishes permitted
hereunder shall be installed in a location that is below the ridgeline of the residence and not visible
from the street adjacent to the front of the Lot (or any side street in the case of a corner Lot). No
satellite dish shall be installed or permitted to remain upon the front or side of a residence, or in the
yard of a residence. Each Lot owner shall be responsible for verifying that any antenna or satellite
dish installation complies with the requirements of this paragraph prior to installation. Any Lot
owner with antennae or satellite dishes that violate the requirements of this paragraph shall be
responsible, at such owner's sole cost and expense, for causing all nonconforming antennae and
satellite dishes to be removed or relocated as necessary to comply with this paragraph.
8. Setback Requirements. No residence shall be located on any Lot nearer to the Lot boundary
line than the minimum building setback lines shown on the Plat; provided, such setback
requirements shown on the Plat may be modified if such modification is approved by the Little
Rock Planning Commission or Board of Adjustment (or such other regulatory agency as may
6
9312139.1
succeed to their functions) and Developer. No residence or accessory building shall be located
nearer to an interior lot side line than a distance of 10% of the average width of the lot with a
minimum distance of twenty-five (25) feet. For the purposes of this covenant, eaves, steps and
porches not under roof shall not be considered as a part of the residence or accessory building. All
residences shall be constructed in accordance with the zoning requirements of the R-2 zoning
district (or its similar successor district), unless a variance from such requirements is approved in
writing by the Little Rock Planning Commission or the Little Rock Board of Adjustment (or such
other regulatory agency as may succeed to their functions) and Developer.
9. Minimum Square beet Area. No residence shall be constructed or permitted to remain on
any Lot unless the finished heated living area, exclusive of porches, patios, garages, breezeways,
exterior stairways, porte cocheres, storage areas and outbuildings, shall equal or exceed that shown
in the following schedule:
One Story Multi -Story
Minimum. Sq. Ft. Minimum Sq.Ft
3,500 4,500
Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on
each level. Each residence shall have a minimum two -car garage unless otherwise approved by
Developer.
10. Frontage of Residence on Street. Any residence erected on any Lot shall front or present a
good frontage on Whitehaven Cove. All garages shall be side -loading and garage doors shall not
face Whitehaven Cove, except as otherwise approved by Developer.
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, except for
temporary structures commonly placed on a Lot during construction of a residence thercon. This
prohibition shall not apply to any improvement or structure that may be placed on any Lot or
portion of a Lot that is used exclusively by any Public Utilities in connection with the furnishing of
public utility services to the Addition.
12. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant to the
residence on a Lot may be erected on any of the Lots without the consent in writing of Developer.
Detached garages, pool houses, small sheds and other accessory buildings of the same architectural
style as the single-family residence and in a conforming color scheme may be allowed on a Lot if
the Plans for such Improvements are approved by Developer in accordance with this Bill of
Assurance.
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 Lot or the Street Tract, unless placed in a container
suitable for garbage pickup; nor shall anything ever be done which may be or become an annoyance
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9312139.1
or nuisance to the Addition. Trash bins and recycling bins shall be promptly removed from the
Street Tract after pick-up and shall be stored and kept on the owner's Lot in a location that is not
visible from Whitehaven Cove.
14. Lot Maintenance. Each Lot owner shall, at its sole cost and expense, keep its Lot and all
Improvements thereon in a well -maintained, safe, clean and attractive condition at all times. All
yards shall be properly and consistently mowed, trimmed and edged. All flower beds and
landscaping shall be properly and consistently weeded and bushes and shrubs trimmed. No Lot
owner shall permit the yards, flowerbeds or landscaping on the Lot to become overgrown.
Notwithstanding any contrary provision of this Bill of Assurance, the area on the Street Tract
approximately ten (10) feet in width adjacent to the frontage of each Lot (i.e., the area between the
front Lot line and the back of the curb on Whitehaven Cove) shall be mowed, trimmed, edged and
otherwise maintained by the applicable Lot owner as part of such owner's maintenance of its front
yard and at such owner's own expense, unless otherwise directed by Developer. If, in the opinion
of Developer, any owner or occupant of a Lot failed in any of the foregoing duties or
responsibilities, then Developer may provide written notice of that failure, giving the Lot owner or
occupant thirty (30) days from receipt to perform the care and maintenance required. Should any
person fail to full this duty and responsibility within the thirty -day period, then the Developer or its
authorized agents shall have the right and power to enter onto the Lot and perform needed care and
maintenance without any liability for damages for wrongful entry, trespass or otherwise to any
person. The Lot owner shall be liable for the cost of the work performed on its behalf and shall
promptly reimburse Developer for all such costs. If the Developer is not reimbursed within thirty
(30) days after invoicing, the amount due shall be deemed a special assessment against the Lot that
is immediately due and payable, shall constitute a lien against the Lot, and Developer shall have all
rights and remedies with respect thereto as provided under Section 5 above with regard to
assessments.
15..Oi1. Gas and Mineral Operations. No oil or gas drilling, oil or gas operations, oil or gas
refining, or any quarrying or mining operations of any kind shall be permitted upon the surface of
the Property, nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted
upon or in the Property. No drilling rig, derrick or other structure designed for use in drilling or
boring for oil or natural gas shall be erected, maintained or permitted upon the Property.
16. Sewers. Sanitary sewer service shall be provided in the Addition only by appropriate Public
Utilities. No septic system, lagoon, leaching cesspool or other form of sewer service shall ever be
constructed or used on the Property.
17. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any Lot or part thereof, except that domestic dogs, cats or other household
pets may be kept, provided that they are not kept, bred or maintained for commercial purposes.
Without limiting the generality of the foregoing, this Bill of Assurance expressly prohibits the
keeping of pigs as household pets on any Lot, and further prohibits the keeping of chickens or bees
on any Lots regardless of whether they are kept for personal purposes or the production of food or
household products. No animal of any kind, whether kept as a pet or otherwise, that may be
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9312139.1
considered a danger to the health or safety of the other Lot owners, or a nuisance to the Addition,
may be kept on any Lot or part thereof.
18. Signs, Flag Pales and Play Equipment. Except as may be required by applicable law, no
signs shall be permitted to be erected or maintained on any Lot, other than (a) standard real estate
agent signs not to exceed six (6) square feet in size, advertising a Lot or residence for sale to the
public while such Lot or residence is for sale, and (b) signs of a general contractor or subcontractors
constructing a residence on a Lot during the initial construction of the residence. No flagpoles may
be erected or installed on any Lot, other than a flagpole not to exceed four (4) feet in length fastened
to the front of a residence and displaying the flag of the United States of America. Trampolines,
swing sets and other large play equipment may be kept and used in a rear yard of a Lot if (y) the rear
yard is fenced, or (z) the rear yard is not fenced but the trampoline, swing set or other equipment is
not visible from Whitehaven Cove.
19. Easements for Public Utilities and Drainane. Easements for the installation, maintenance,
repair and replacement of utility services, sewer and drainage have heretofore been donated and
dedicated on the Plat, said easements being of various widths, reference being hereby made to the
Plat filed herewith for a more specific description of width and location thereof. No trees,
shrubbery, fences, irrigation lines or other Improvements shall be grown, built or maintained within
the area of such utility or drainage easements. In the event any such Improvements shall be grown,
built or maintained within the area of such easements, no Public Utilities 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 easements. All utility lines and facilities (other than utility pedestals
or electric transformers) shall be installed underground, and no overhead poles or lines shall be
permitted on the Property. All excavations for underground lines and facilities shall be dug and
backfilled in conformity with applicable code requirements and other regulations from the point of
service to the point of use.
20. Fences. No fences or similar enclosures of any type or nature whatsoever shall ever be
constructed, erected, placed or iaintained closer to the front Lot line of the Lot upon which the
fence or enclosure is located than the rear point of the side wall of the residence on such Lot, but in
any event no closer than the front platted building setback line applicable and in effect as to such
Lot. All fences erected on a Lot shall be of wood or decorative metal construction. The style,
design and materials for all fencing in the Addition must be approved by Developer prior to
installation. Chain link, welded wire, livestock and similar fences are in all events strictly
prohibited and shall not be erected in the Addition under any circumstances. It is not the intention
of this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard of a
residence if approved by Developer.
21. Property 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.
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9312139.1
22. DrivewU Obstructions: Vehicles. No obstruction shall be placed in the Whitehaven Cove
street gutters. Curbs shall be saw cut at driveways, and driveway grades lowered to meet the
gutterline not more than two inches above the gutter grade. No vehicles, including landscaping,
lawn service and construction vehicles, shall be allowed to park on the Street Tract in any manner
that endangers the safety of drivers or pedestrians in the Addition. Each Lot owner shall park, and
shall cause its guests and invitees to park, in the garage or on the driveway located on such owner's
Lot and not on the Street Tract. In no event shall any vehicle ever be parked on a Lot except in a
garage or on a paved driveway on the Lot. The owners of a Lot may keep one (1) recreational boat
and its trailer on the Lot provided that the boat and trailer are stored fully enclosed in a garage on
the Lot. All four -wheelers, side by sides, and other recreational vehicles (and their trailers) must be
stored fully enclosed in a garage on a Lot. No travel trailers or RVs may be parked on a Lot or on
the Street Tract.
23. No Further Subdivision. Except for platted Lots owned by Developer which are replatted
with the approval of the Little Rock Planning Commission or the Little Rock Board of Directors, no
Lot shall be further subdivided from the Lots shown on the Plat without the Developer's prior
written consent, which consent may be granted or withheld in Developer's sole and absolute
discretion.
24. Right to Enforce. The covenants, restrictions and equitable servitudes set forth herein set
forth shall run with the Property and shall bind and inure to the benefit of the owner of the Property,
its successors and assigns. All parties claiming by, through or under Developer shall be taken to
covenant with the owners of the Lots and each their successors and assigns to conform to and
observe this Bill of Assurance and the provisions hereof No covenant, restriction or equitable
servitude set forth herein shall be personally binding upon any party, except with respect to breaches
committed during its term of holding title to said land. Developer, its successors and assigns, and
the owner or owners of any of the Lots shall each 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,
restrictions and equitable servitudes set forth herein, in addition to any other legal action for
damages and failure by any owner or owners of any Lot or Lots in the Addition to comply with this
Bill of Assurance. Any delay in bringing such action shall, in no event, be deemed to be a waiver of
the right to do so thereafter.
25. Modifications. For so long as Developer owns any interest in the Property, any and all of
the terms, easements, covenants, restrictions and equitable servitudes set forth in this Bill of
Assurance may be amended, modified, amended and restated, extended or changed, in whole or in
part, by a written instrument signed and acknowledged by the Developer; provided, however, that
any amendment, modification, extension or change intended to apply to a specific Lot that is not
owned by the Developer shall also require the written consent of the record owner of the applicable
Lot and any party holding a recorded mortgage or deed of trust on such Lot recorded prior to the
recording of the such amendment or modification if the same would have a material adverse effect
on the applicable Lot. After Developer no longer owns any interest in the Property, any and all of
the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended,
modified, amended and restated, extended, changed or cancelled, in whole or in part, at any time by
a written instrument signed and acknowledged by the record owner or owners of at least
10
9312139.1
seventy-five percent (75%) of the number of Lots in the Addition. Notwithstanding the
immediately preceding sentence or any contrary provision of this Bill of Assurance, the Developer
may, at any time and from time to time, execute and record an amendment to this Bill of Assurance,
or an amended and restated Bill of Assurance, without the consent of any other party, as necessary
to correct any typo, error in legal description, or other inadvertent error set forth in this Bill of
Assurance. Each covenant and restriction in this instrument, unless expressly provided otherwise,
shall remain in full force and effect until January 1, 2052 after which time each covenant and
restriction in this instrument shall be automatically extended for successive periods of ten (10) years
unless an instrument terminating the covenants and restrictions, or any of them, is signed by the then
record owners of at least seventy-five percent (75%) of the number of Lots in the Addition and
recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas.
26. Variances. In addition to the rights of Developer reserved in Section 4 above, Developer
shall have the authority to grant variances from the requirements of this Bill of Assurance, at any
time and from time to time, if Developer, in its sole and absolute discretion, determines that the
requirements from which the variance is granted would (i) otherwise impose an undue hardship, or
the variance is otherwise justified, and (ii) the variance will not have a material adverse effect on the
other Lots in the Addition.
27. Delegation of Authority. For so long as Developer owns any interest in the Property,
Developer shall have the right, but not the obligation, to cause to be incorporated a nonprofit
corporation to act as the property owners association of the Addition (the "POA") for the purpose of
administering the maintenance of the Street Tract and Common Amenities, levying and collecting
assessments on the Lots as provided herein, exercising Developer's architectural control rights, and
for otherwise administering and enforcing this Bill of Assurance. In connection therewith,
Developer may transfer and convey the Street Tract to the POA, and the POA shall assume all
obligations of Developer for the Street Tract and Common Amenities upon recording of a deed
granting the Street Tract to the POA. The operation of the POA shall be governed by separate
corporate bylaws (the "Bylaws") which shall be prepared by Developer and shall be consistent with
this Bill of Assurance; provided, that, in the event of a conflict between the terms of the Bylaws and
this Bill of Assurance, this Bill of Assurance shall control. In the event the POA is created, the
Bylaws shall provide for the following:
(a) Every record owner of a fee interest in a Lot shall be a member of the POA, provided that if
there is more than one person or entity owning a Lot there shall only be one membership per
Lot and the person or entities owning such Lot shall vote their membership as they, among
themselves, determine.
(b) The POA shall be governed by a board of directors (the "Board") which shall be comprised
of no fewer than three (3) directors, who shall have the authority to appoint various officers
in the discretion of the directors consistent with applicable law. The initial Board shall be
appointed by the Developer. Each director's term shall be staggered to provide contiguity of
membership. With respect to the initial Board, one director shall have a term of one (1) year
from the first annual meeting of the POA members, one director shall have a term of two (2)
years from the first annual meeting, and one director shall have a term of three (3) years
11
9312139.1
from the first annual meeting. As each director's term expires or a vacancy otherwise
occurs, the applicable director's position shall be subject to a vote by the POA members at
the next annual meeting to fill the open position and each newly elected director shall serve
a one-year term.
(c) The Board shall call an annual meeting of the POA members for the purpose of electing
directors for expiring terms and to fill any vacancies on the Board, and for such other
matters as provided in the Bylaws. Each membership of the POA shall be entitled to one (1)
vote per Lot for director positions but no cumulative voting shall be permitted. Voting by
written proxy shall be authorized as provided in the Bylaws and applicable law. The
presence in person or by proxy of more than twenty-five percent (25%) of the members
shall constitute a quorum at all meetings of the POA members. All matters on which POA
members may vote shall be decided by a majority vote of more than fifty percent (50%) the
POA members voting in present or by proxy, except when a higher percentage vote is
required by law or otherwise provided in the Bylaws.
(d) The Board shall have the power and authority necessary to administer the affairs of the
POA, including, without limitation, operating and maintaining the Street Tract and Common
Amenities and determining the amount of annual assessments charged to each Lot to pay
Common Expenses. The POA shall have all rights, consistent with the Developer's rights
under this Bill of Assurance, to file liens against Lots and owners for non-payment of
assessments and to foreclose such liens and otherwise collect unpaid assessments as
provided herein and under applicable law.
(e) Developer's architectural control rights set forth in Section 4 (to the extent assigned to the
POA) shall be administered by the Board, and approval of Plans by a majority of the
directors shall constitute approval for purposes of this Bill of Assurance.
(f) The Bylaws shall include such other terms generally applicable to nonprofit corporations
consistent with the Arkansas Nonprofit Corporation Act of 1993 (Ark. Code Ann. § 4-33-
101 et seq.), as amended, and this Bill of Assurance. The adoption of the Bylaws by the
Developer and the initial Board shall be binding upon the POA members for all purposes
and no Lot owner shall have any standing or authority to challenge or modify the Bylaws
except in accordance with the amendment procedures set forth in the Bylaws.
At any time following the formation of the POA and adoption of the Bylaws, Developer shall have
the right to record a written instrument in the Office of the Circuit Clerk and Ex-Officio Recorder of
Pulaski County, Arkansas, to delegate, convey and transfer to the POA, any or all authority, rights,
privileges and duties reserved by Developer in this Bill of Assurance, all of which, when so
transferred, shall vest in the POA, and shall be exercised in accordance with this Bill of Assurance
and the Bylaws, except that the POA shall not have the right to unilaterally modify or amend this
Bill of Assurance as provided in Section 25 above. Upon the recording of such an instrument by
Developer, all record owners of a Lot shall automatically constitute one membership in the POA as
provided in the Bylaws. EACH CURRENT AND FUTURE OWNER OF A LOT, FOR
ITSELF AND ITS SUCCESSORS AND ASSIGNS, BY VIRTUE OF ITS ACCEPTANCE
12
9312139.1
OF A DEED TO A LOT OR OTHERWISE ACQUIRING ANY TITLE TO A LOT,
HEREBY ACCEPTS THE PROVISIONS OF THIS SECTION 27 AND AGREES TO
BECOME A MEMBER OF THE POA AS PROVIDED HEREIN AND TO COMPLY
WITH ALL TERMS AND CONDITIONS OF THE BYLAWS.
28. Attorneys' Fees. In any legal or equitable proceeding for the enforcement or to restrain the
violation
of this Bill of Assurance or any provisions thereof, by reference or otherwise, the
prevailing party or parties shall be entitled to court costs and attorneys' 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.
29. Severability. The invalidation of any term, covenant or 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.
[Signature Page Follows]
13
9312139.1
EXECUTED this 8day of i, 2022.
DEVELOPER:
MATTHEW WHITE AND KELLY WHITE
FAMILY TRUST
By:. `
Matthew White, Trustee
By:
Kelly White, 4stee
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)SS.
COUNTY OF PULASKI )
On this Oj�l_ day of ' , 2022, before me, the undersigned Notary Public,
duly commissioned, qualified nd acting, within and for said County and State, appeared in
person the within named Matthew White and Kelly White, (being the persons authorized by said
trust to execute such instrument, stating their respective capacities in that behalf), to me
personally well known (or satisfactorily proven to be such persons), who stated that they were
the Trustees of the Matthew and Kelly White Family Trust, and were duly authorized in their
respective capacities to execute the foregoing instrument for and in the name and behalf of said
trust, and further stated and acknowledged that they had so signed, executed, and delivered said
foregoing instrument for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this OV) day of
2022. _
My Commission Expires
1z - 00 . u 31
14
9312139.1
(Notary Public)
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EaS,R,
Moore, Monte
To: Tamara Guffey
Subject: RE: Recording/Review Fees
Cantrell Village -- $210.00
Whitehaven -- $385.00
Chenal 25R -- $205.00
FYI: I will be out of the office on 7/1/22 and will not return until 7/18/22. So, if you need these signed before 7/18/22,
get them to me by the end of the day this Thursday.
Thanks,
Monte
From: Tamara Guffey <tguffey@joewhiteassociates.com>
Sent: Monday, June 27, 2022 9:11 AM
To: Moore, Monte <MMoore@littlerock.gov>
Subject: Recording/Review Fees
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good Morning Mr. Moore
We will be recording the attached plats as soon as we get the corresponding bill of assurance from each
client. Meanwhile, we were wondering what the final review fees will be for each plat?
Whitehaven
Cantrell Village
Belle Vallee -The Courts, Chenal Valley
Thank you
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATES IMC.
■ CIVIL E\IGNEERING • CONSULTING SERVIM • LAND SURVEYING
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www,ioewhiteassociates.com
1