HomeMy WebLinkAboutS-1947 ApplicationCity of Little Rock
Planning and Development
Filing Fees
Date 6/23 20 23
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
L1TTL�,�0
Ul
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PLANNING & DEVEL Phi y
JUN 2 3 PAIg
CITY uf- ' , I J LE ROCK
t1rLUlr�r; CODE
$ 380.00
$
$
$
$
$
Total $ 380
File No
Location Lots 1 & 2, Taylor Loop Creek Add.
Applicant Joe White & Assoc.
By M. Moore
Tamara Guffey
From: MANION, JOSEPH E <jm4138@att.com>
Sent: Wednesday, June 21, 2023 2:24 PM
To: Tamara Guffey
Cc: Brian Dale
Subject: RE: Final Plat Approval - Taylor Loop Creek Addition
Tamara,
So sorry for the delay. I was out for an extended time and I'm not sure my out of office response was working properly.
AT&T approves.
0T 7p///ffffiv/diV
AT&T OSP ENGR.
501-416-5541
From: Tamara Guffey <tguffey@joewhiteassociates.com>
Sent: Tuesday, June 20, 2023 2:38 PM
To: MANION, JOSEPH E <jm4138@att.com>
Cc: Brian Dale <bdale@joewhiteassociates.com>
Subject: FW: Final Plat Approval - Taylor Loop Creek Addition
Good Afternoon
Looks like AT&T is our only utility company we have not heard from regarding this plat.
Can someone please review the attachment today and send us the approval?
Thank you
Tamara Guffey
Office Manager
JOE WHITE ,& ASSOCIATES, INC.
41 C IVII. k\GINFERIXG • COtiSLT.J I\G SERl�'10E5 - LAND 5L RVE_YING
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.ioewhiteassociates.com
From: Tamara Guffey
Sent: Thursday, June 15, 2023 12:10 PM
To: CENHRT-South Little Rock Construction@comcast.com; MANION, JOSEPH E <Im4138@att.com>; GURLEY, JOHN
1
CURTIS <JG0866@att.com>
Cc: Brian Dale <bdale@ioewhiteassociates.com>
Subject: FW: Final Plat Approval - Taylor Loop Creek Addition
Good Afternoon,
Just checking back in on the approval of the attached plat.
We have all sign offs with the exception of Comcast and AT&T.
Thank you for your assistance
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATES2 INC.
. c�Lu. E.oitir.�xixG • rvxs«.rnG s::g.'ic=�s - �..ttiuszai-f�'isc
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.ioewhiteassociates.com
From: Tamara Guffey
Sent: Thursday, June 8, 2023 11:41 AM
To: CENHRT-South Little Rock Construction@comcast.com; GURLEY, JOHN CURTIS <JG0866 att.com>; Joni Bates
<Ibates@summitutilities.com>; MANION, JOSEPH E <1m4138@att.com>; Jason.Lowder@carkw.corn; Terrian Tyler
<Terrian.T ler Irwra.com>; Henderson, Jeremy <jhende9 entergy.com>
Cc: Brian Dale <bdale@loewhiteassociates.com>;yharper@littlerock.gov; csmith littlerock. ov; Dan Havner
<d h a vn e r@ io ewh iteassocia tes.com>
Subject: Final Plat Approval - Taylor Loop Creek Addition
Attached for review is the final plat of Lots 1 & 2, Tracts A & B, Taylor Loop Creek Addition, Little Rock, Pulaski
County. The owner would like to get this recorded by Wednesday, June 215t
Please review the attached plat and email us any comments and/or approval at your earliest convenience.
Questions may be directed to Brian Dale at bdale@ioewhiteassociates.com or Dan Havner at
d havn er @ i oewh iteassociates.com
Thank you so much.
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATES, INC.
�. Ci�'IE, EAG!\EF.RIxG • CQXSUl,iTG SER\'1CF�-1..1\D $L'RVC1'1\G
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: Border, Michael <Michael_Border@comcast.com>
Sent: Thursday, June 15, 2023 12:42 PM
To: Tamara Guffey; [CENHRT-South Little Rock Construction]; MANION, JOSEPH E; GURLEY,
JOHN CURTIS
Cc: Brian Dale
Subject: RE: Final Plat Approval - Taylor Loop Creek Addition
Comcast approves
From: Tamara Guffey <tguffey@joewhiteassociates.com>
Sent: Thursday, June 15, 2023 12:10 PM
To: [CENHRT-South Little Rock Construction] <CENHRT-South_Little_Rock_Construction@comcast.com>; MANION,
JOSEPH E <jrn4138@att.com>; GURLEY, JOHN CURTIS <JG0866@att.com>
Cc: Brian Dale <bdale@joewhiteassociates.com>
Subject: [EXTERNAL] FW: Final Plat Approval - Taylor Loop Creek Addition
Good Afternoon,
Just checking back in on the approval of the attached plat.
We have all sign offs with the exception of Comcast and AT&T.
Thank you for your assistance
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATES, INC.
101,
. CIVIL E.\GINEEP NG -CONSULTING SERVICES - LA\D SURVEYING
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.ioewhiteassociates.com
From: Tamara Guffey
Sent: Thursday, June 8, 2023 11:41 AM
To: CENHRT-South Little Rock Construction comcast.com; GURLEY, JOHN CURTIS <JG0866@att.com>; Joni Bates
<ibates@summitutilities.com>; MANION, JOSEPH E <im4138@att.com>; Jason. Lowder@carkw.com; Terrian Tyler
<Terrian.Tyler lrwra.com>; Henderson, Jeremy <ihende9@entergy.com>
Cc: Brian Dale <bdale@ioewhiteassociates.com>; vhar er littlerock. ov; csmith@Iittierock.gov; Dan Havner
<dhavner@ioewhiteassociates.com>
Subject: Final Plat Approval - Taylor Loop Creek Addition
Attached for review is the final plat of Lots 1 & 2, Tracts A & B, Taylor Loop Creek Addition, Little Rock, Pulaski
County. The owner would like to get this recorded by Wednesday, June 215t
Please review the attached plat and email us any comments and/or approval at your earliest convenience.
Questions may be directed to Brian Dale at bdale@ioewhiteassociates.com or Dan Havner at
dhavner@*Ioewhiteassociates.com
Thank you so much.
Tamara GufFey
Office Manager
JOE WHITE A ASSOCIATES, INC.
too,
. CIVIL 6\GNEEMG • CON -WILTING SERVICES - LAND SUM%YING
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: Jason Lowder <Jason.Lowder@carkw.com>
Sent: Friday, June 9, 2023 9:47 AM
To: Tamara Guffey
Subject: RE: [External] RE: [External] Final Plat Approval - Taylor Loop Creek Addition
10-4, then I have no objections.
Respectfully,
Jason Lowder, Engineering Technician
i a son.lowder@carkw.com
501-377-1245
ft
�0
M
From: Tamara Gulley <tguffey@joewhiteassociates.com>
Sent: Friday, June 9, 2023 9:30 AM
To: Jason Lowder <Jason.Lowder@carkw.com>
Cc: Brian Dale <bdale@joewhiteassociates.com>
Subject: [External] RE: [External] Final Plat Approval - Taylor Loop Creek Addition
[CAUTION:] 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.
Jason
Brian Dale said Lot 2 is a pipe stem from HWY 10, it not land locked.
Tracts A and B are floodway.
Tamara Guffey
Office Manager
JOE WHITE $ ASSOCIATES INC.
1. C IV11. ENGI�FFRING - CONSULTING SERVICTS - 1.AN15 WR% Y11G
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.ioewhiteassociates.com
1
From: Jason Lowder <Jason.Lowder@carlcw.com>
Sent: Thursday, June 8, 2023 3:55 PM
To: Tamara Guffey <tg uffev@ 0oewhiteassociates.com>
Subject: RE: [External] Final Plat Approval - Taylor Loop Creek Addition
Lot 2 and Tract A will be land locked as the lots are proposed. Water will not be available to these parcels.
Respectfully,
Jason Lowder, Engineering Technician
iasoii.lowder@carkw.com
501-377-1245
�rk��
�(3c.
0�
From: Tamara Guffey<tguffey@ioewhiteassociates.com>
Sent: Thursday, June 8, 2023 11:41 AM
To: CENHRT-South Little Rock Construction comcast.com; GURLEY, JOHN CURTIS <JG0866@att.com>; Joni Bates
<'bates summitutilities.com>; MANION, JOSEPH E <im4138@att.com>; Jason Lowder <Jason-Lowder@carkw.com>;
Terrian Tyler <Terrian.Tyler@lrwra.corn>; Henderson, Jeremy <ihende9@entergy.com>
Cc: Brian Dale <bdale@ioewhiteassociates.com>; vharper@1€ttf_erock. ❑v; csmith@littlerock.gov; Dan Havner
<dhavner-oewhiteassociates.com>
Subject: [External] Final Plat Approval - Taylor Loop Creek Addition
[CAUTION:} 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 for review is the final plat of Lots 1 & 2, Tracts A & B, Taylor Loop Creek Addition, Little Rock, Pulaski
County. The owner would like to get this recorded by Wednesday, June 21'
Please review the attached plat and email us any comments and/or approval at your earliest convenience.
Questions may be directed to Brian Dale at bdale ioewhiteassociates.com or Dan Havner at
dhavner@ioewhiteassoc_iates.com
Thank you so much.
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATES INC.
. CI1 Il, £NGI\E£RI\G - CO�SULTI\G S£R\'ICES - LAND SL:RV£YING
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Tamara Guffey
From:
Sent:
To:
Subject:
Good morning,
Terrian Tyler <Terrian.Tyler@lrwra.com>
Thursday, June 8, 2023 11:46 AM
Tamara Guffey
RE: Final Plat Approval - Taylor Loop Creek Addition
LRWRA has no objection to this plat.
Thank you,
Terrian Tyler
Project Engineer, Developer Funded
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501) 688-1431
www.Irwra.com
LITTLE ROCK
Water Reelamabon
Auffiority 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: Tamara Guffey <tguffey@joewhiteassociates.com>
Sent: Thursday, June 8, 2023 11:41 AM
To: CENHRT-South_ Little_ Rock_ Construction@comcast.com; GURLEY, JOHN CURTIS <JG0866@att.com>; Joni Bates
<jbates@summitutilities.com>; MANION, JOSEPH E <jm4138@att.com>; Jason. Lowder@carkw.com; Terrian Tyler
<Terrian.Tyler@lrwra.com>; Henderson, Jeremy <jhende9@entergy.com>
Cc: Brian Dale <bdale@joewhiteassociates.com>; vharper@littlerock.gov; csmith@littlerock.gov; Dan Havner
<dhavner@joewhiteassociates.com>
Subject: Final Plat Approval - Taylor Loop Creek Addition
Attached for review is the final plat of Lots 1 & 2, Tracts A & B, Taylor Loop Creek Addition, Little Rock, Pulaski
County. The owner would like to get this recorded by Wednesday, June 215t
Please review the attached plat and email us any comments and/or approval at your earliest convenience.
Questions may be directed to Brian Dale at bdale@joewhiteassociates.com or Dan Havner at
dhavner ioewhiteassociates.com
Thank you so much.
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATES, INC.
4■ Cll il. ENGINFERNG • CONSL7MNG SERVIM - LAND SURVEVINCi
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.'oewhiteassociates.com
Tamara Guffe
From: Henderson, Jeremy <jhende9@entergy.com>
Sent: Monday, June 12, 2023 8:12 AM
To: Tamara Guffey
Subject: RE: Final Plat Approval - Taylor Loop Creek Addition
Entergy has no objections to this proposal.
Thanks!
Jeremy Henderson
Distribution Engineering
Entergy Arkansas, LLC
9 Entergy Ct.
Little Rock, AR 72211
501-223-6125
a entergy
From: Tamara Gulley <tguffey@joewhiteassociates.com>
Sent: Thursday, June 8, 2023 11:41 AM
To: CENHRT-South_ Little_ Rock Construction@comcast.com; GURLEY, JOHN CURTIS <JG0866@att.com>; Joni Bates
<jbates@summitutilities.com>; MANION, JOSEPH E <jm4138@att.com>; Jason. Lowder@carkw.com; Terrian Tyler
<Terrian.Tyler@lrwra.com>; Henderson, Jeremy <jhende9@entergy.com>
Cc: Brian Dale <bdale@joewhiteassociates.com>; vharper@littlerock.gov; csmith@littlerock.gov; Dan Havner
<d havner@joewhiteassociates.com>
Subject: Final Plat Approval - Taylor Loop Creek Addition
Attached for review is the final plat of Lots 1 & 2, Tracts A & B, Taylor Loop Creek Addition, Little Rock, Pulaski
County. The owner would like to get this recorded by Wednesday, June 215t
Please review the attached plat and email us any comments and/or approval at your earliest convenience.
Questions may be directed to Brian Dale at bdale ioewhiteassociates.comn or Dan Havner at
dhavner@ioewhiteassociates.com
Thank you so much.
Tamara GufFey
Office Manager
JOE WHITE & ASSOCIATES, INC.
�� C1L'IL ElGktiF.FRltiLi • CU\Sl:LiitiG SF:3n`K'F,S • l.,itii3 St:R►'El'l�G
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.ioewhiteassociates.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 Guffe
From: Courtney Johnston <cjohnston@summitutilities.com>
Sent: Friday, June 9, 2023 9:36 AM
To: Joni Bates
Cc: Adam Carpenter; David Burnett; Tamara Guffey
Subject: RE: [EXTERNAL EMAIL] Final Plat Approval - Taylor Loop Creek Addition
Attachments: FinalPlat_6-7-23.pdf
Good morning,
We have reviewed these plats and found that Summit Utilities does not have any objections to the changes.
Thank you,
scam lit
Courtney Johnston
Associate Engineer I AR/OK Region
501.398.4157
cioh n sto n (aD, su m m itut i i ities. com
From: Joni Bates <jbates@summitutilities.com>
Sent: Thursday, June 8, 2023 4:10 PM
To: Courtney Johnston <cjohnston@sum mitutilities.com>
Cc: SUA Central Engineering <SUA-Central-Enginee ring@summ itutilities.com>
Subject: FW: [EXTERNAL EMAIL] Final Plat Approval -Taylor Loop Creek Addition
Please have someone review.
Thanks, Joni
Joni Bates
Marketing Coordinator
Mobile 501-772-2134 J u i%y.5ummitUtiliiieslnc.com
ibates@_surnniaAlftles.com
From: Tamara Guffey <tguffev joewhiteassociates.com>
Sent: Thursday, June 8, 2023 11:41 AM
To: CENHRT-South Little Rock Construction comcast.com; GURLEY, JOHN CURTIS <JG0866@att.com>; Joni Bates
<ibates@summitutiljties.com>; MANION, JOSEPH E <im4138@att.com>; Jason.Lowder carkw.com; Terrian Tyler
<Terrian.Tyler@Irwra.com>; Henderson, Jeremy <jhende9@enterQy com>
Cc: Brian Dale <{ dale@ioewhiteassociiates.com>; vharper@littierock.goy; csmith@littlerock.goy; Dan Havner
<d havn a r@ ioewh iteassociates. co m>
Subject: [EXTERNAL EMAIL] Final Plat Approval - Taylor Loop Creek Addition
Attached for review is the final plat of Lots 1 & 2, Tracts A & B, Taylor Loop Creek Addition, Little Rock, Pulaski
County. The owner would like to get this recorded by Wednesday, June 21'
Please review the attached plat and email us any comments and/or approval at your earliest convenience.
Questions may be directed to Brian Dale at bdale ioewhiteassociates.com or Dan Havner at
dhavner@ioewhiteassociates.com
Thank you so much.
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATES INC.
CIVIL ENGINIEF.RING • CONSULTING SER! IM • LAND $URVEYI NG
IF
Joe White & Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.ioewhiteassociates.com
This message originated from within the company. Please do not forward it to anyone outside the company without the sender's approval.
If you received this message in error, please do not read, copy, or share it. Instead, please notify the sender immediately and permanently delete all
copies in your possession.
Tamara Guffey SI,
From: Smith, ChristopherJ. <csmith@littlerock.gov> _{ �?�D• °O
Sent: Thursday, June 15, 2023 11:48 AM
To: Brian Dale; Tamara Guffey
Cc: Harper, Vance; Dan Havner; Floriani, Vince; Moore, Monte
Subject: RE: Final Plat Approval - Taylor Loop Creek Addition
Brian,
Since all comments on the final plat have been addressed, City staff recommends recording of the final plat with Pulaski
County. Coordinate with Mr. Moore on obtaining final signature before recording the plat with Pulaski County.
Thanks,
Christopher Smith, P.E.
Design Review Manager
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.gov/
From: Brian Dale <bdale@joewhiteassociates.com>
Sent: Thursday, June 15, 2023 7:11 AM
To: Smith, Christopher J. <csmith@littlerock.gov>; Tamara Guffey <tguffey@joewhiteassociates.com>
Cc: Harper, Vance <VHarper@littlerock.gov>; Dan Havner <dhavner@joewhiteassociates.com>; Floriani, Vince
<VFloriani@littlerock.gov>; Brian Dale <bdale@joewhiteassociates.com>
Subject: RE: Final Plat Approval - Taylor Loop Creek Addition
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.
Chris,
Attached is revised updated final plat with the below comments addressed.
Please let us know if you need anything additional for approval.
Thanks, have a good day!
President
JOE WHITE & ASSOCIATES, INC.
. MIL ENGINEERING • CQ`SLTMG SERVICES • LAND RAVENING
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.ioewhiteassociates.com
From: Smith, Christopher J. <csmith@littlerock.gov>
Sent: Wednesday, June 14, 2023 1:32 PM
To: Brian Dale <bdale@loewhiteassociates.com>; Tamara Guffey <t uffe 'oewhiteassociates.Com>
Cc: Harper, Vance <VHar er iittferock_ ov>; Dan Havner <dhavner@ioewhiteassociates.corn>; Floriani, Vince
<VFloriani littlerock. ov>
Subject: RE: Final Plat Approval - Taylor Loop Creek Addition
Brian,
After further research of the federal floodplain regulations and speaking with the City's floodplain administrator, an
approved letter of map revision is not required currently for the final plat recording. This can be done later. However,
City staff have additional comments on the plat that will need to be addressed below:
1. "25' Floodway Setback" as currently shown on both sides of the floodway boundary need to be revised to show
they are floodway easements for access.
2. Tracts A & B need to be dedicated to the City of Little Rock by plat or shown they are floodway easements.
Let us know if you have any questions.
Thanks,
Christopher Smith, P.E.
Design Review Manager
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.littlerock.gov/
From: Brian Dale <bdale 'oewhiteassociates.com>
Sent: Wednesday, June 14, 2023 5:14 AM
To: Smith, Christopher J. <csm ith@ little rock. ov>; Tamara Guffey <t uffe ioewhiteassociates.corn>
Cc: Harper, Vance <VHarper@littlerock.gov>; Dan Havner <dhavner ioewhiteassociates.com>; Floriani, Vince
<VFioriani@littlerock.gov>; Brian Dale <bdale@ioewhiteassociates.com>
Subject: RE: Final Plat Approval - Taylor Loop Creek Addition
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.
Chris,
We are not proposing any changes to this FIRM panel.
Therefore why is a Letter of Map Revision being required?
Brian R. Dale
President
111111111111111 111 l l ll llll l l ll ll 111 l l 111 2023032596
PRESENTED: 06-23-2023 11:25:36 AM RECORDED: 06-23-2023 11:29:17 AM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $80.00
LL r� fnJ 1�
This Instrulnent Prepared B�:
Michael B. Childers, P.A.-
Friday, Eldredge & Clark LLP
400 W. Capitol Ave., Ste. 2000
f. `
- ' ''�f
t;• • . •'
•`"�f' �
Little Rock, AR 72201
�� S "__ .�'�r•`tiL
BILL OF ASSURANCE
Taylor Loop Creek Addition
KNOW ALL BY THESE PRESENTS:
THAT, WHEREAS, TLC, LLC, an Arkansas limited liability company (hereinafter called
"Developer'"), is the sole owner of the following described property lying in Pulaski County,
Arkansas (the "Property"), to wit:
PART OF THE SW1/4 SE1/4 OF SECTION 13, T-2-N, R-14-W, LITTLE
ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF THE SE1/4 SW1/4 SEI/4 OF SAID SECTION
13, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 2,
TERRA BELLA, AN ADDITION TO THE CITY OF LITTLE ROCK,
PULASKI COUNTY, ARKANSAS; THENCE S89100'02"E ALONG THE
SOUTH LINE OF SAID TERRA BELLA ADDITION, A DISTANCE OF
585.77 FEET; THENCE SO1°33'59"W, A DISTANCE OF 409.87 FEET;
THENCE N69056'09"W, A DISTANCE OF 77.78 FEET; THENCE
S01018'36"W, A DISTANCE OF 220.51 FEET TO A POINT ON THE
NORTH RIGHT OF WAY LINE OF ARKANSAS STATE HWY. #10
(CANTRELL ROAD); THENCE ALONG SAID NORTH RIGHT OF WAY
LINE THE FOLLOWING COURSES: (1) N72057'56"W, 103.34 FEET; (2)
N67°03'52"W, 280.78 FEET; (3) N74049'15"W, 106.57 FEET; (4)
N79058'17"W, 48.48 FEET; THENCE LEAVING SAID NORTH RIGHT OF
WAY LINE N01031'07"E, A DISTANCE OF 437.82 FEET TO THE POINT
OF BEGINNING. CONTAINING 6.74 ACRES, MORE OR LESS.
shown on the Plat (hereafter defined) as Lots 1 & 2, Tracts A & B, Taylor Loop Creek Addition, an
Addition to the City of Little Rock, Pulaski County, Arkansas (the "Addition"), which consists of
two (2) separate lots labeled "Lot 1" and "Lot 2" (each a "Lol" and, collectively, the "Lots") as well
as two (2) tracts of land shown on the Plat labeled as "Tract A" and "Tract B" (each a "Tract" and,
collectively, the "Tracts"); and
101 19450.1
WHEREAS, it is deemed advisable that the Property shown on the Plat be subdivided into
building lots, a private street, and drainage and greenspace areas 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 Daniel W. Havner, Registered Land Surveyor No. 1542 of
Joe White & Associates, Inc., and a plat thereof made which is identified by the title Lots 1 & 2,
Tracts A & B, Taylor Loop Creek Addition, dated June 7, 2023 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.
_2_ G 73 U ' - � 7 (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 the private street as shown on the Plat (the "Street") to be used as a private street, for vehicular
and pedestrian traffic between the Lots and Cantrell Road, 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, Developer hereby dedicates an easement to and for the use of
public utilities (the "Public Utilities") over and across the Tracts, 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-Ofcio 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. Lot I shall be held, owned and used only for lawful commercial and/or office
uses authorized under applicable zoning ordinances (including any variances granted with respect
thereto). Lot 2 shall be held, owned and used only for lawful residential uses (which may include
vacation rental units and short term rental use) authorized under applicable zoning ordinances
(including any variances granted with respect thereto). The Tracts shall be used only for access,
drainage, buffer, utility, and landscaping and greenspace purposes as set forth in this Bill of
10119450.1
Assurance. No improvements or utilities shall be placed on the Tracts without first obtaining the
consent of the appropriate agencies of the City of Little Rock and Developer.
2. Common Amenities. The Tracts, including any security gate (and any keypad or other
access devices), roadways, bridges, lighting, signage, landscaping and irrigation installed on the
Tracts (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 Tracts
without the prior written consent of Developer. The Tracts, including the Common Amenities, shall
initially be maintained by the Developer, for so long as the Developer owns Lot 1, and thereafter by
any successor owner of Lot 1; 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 1 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 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 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 the Street.
After the Developer no longer owns any interest in the Property, the then record owners of the Lots
may approve the dedication and donation of the Street as a public street in accordance with the
requirements of the City of Little Rock.
3. Architectural Control. No building, structure, residence or other improvements of any kind
(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 tills
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 with the highest quality design, materials and workmanship for the
respective permitted uses of the Lots. Developer desires that each building, structure and residence
constructed in the Addition should complement all other buildings, structures and residences and the
natural setting surrounding them, 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 building, structure, 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 any building, structure, residence or other Improvements in the Addition.
Developer's review and approval of Plans shall be for aesthetic considerations only, and Developer
10119450.1
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 Developer for approval, every party 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 Plans. 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 building, structure or 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 building, structure, residence or other structural
Improvements (including retaining walls).
(b) Exterior elevations of the proposed building, structure or 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.
(0 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.
(j) With respect to Lot 1, all engineered civil development plans, including utility, drainage,
and paving plans and, if applicable, demolition plans.
(k) 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,
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10 119450. 1
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
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 16 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 Assessirlents. 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
Tracts, 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 Tracts and Common Amenities, the
amount charged for the operation, care, upkeep and maintenance of the Tracts 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 (1) THE STREET IS NOT
MAINTAINED BY ANY GOVERNMENTAL ENTITY AND IS INSTEAD MAINTAINED
AT THE SOLE EXPENSE OF THE LOT OWNERS, AND (II) 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
(INCLUDING ANY BRIDGE AND OTHER COMMON AMENITIES THEREON OR
USED IN CONNECTION THEREWITH), 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 its Pro-Rata Share of the Common Expenses for the
applicable year as its anrn.ial assessment. For purposes of this Bill of Assurance, each Lot owner's
"Pro-Rato Share" shall be: (1) for Lot 1, 42.4 % of any Common Expenses; and (ii) for Lot 2,
57.6% of any Common Expenses. 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,
10119450.1
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 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 Tracts, 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. Design .Restrictions - Lot 2. Lot 2 shall be developed and used in accordance with the
following covenants and restrictions:
(a) No residence shall be erected, altered, placed or permitted to remain on Lot 2 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. Any residence 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 or rezoning of Lot 2 to
another residential district 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.
(b) No radio or television antenna or tower shall be built or permitted to remain upon Lot 2,
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 penmitted 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. 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. The
Lot 2 owner shall be responsible for verifying that any antenna or satellite dish installation
complies with the requirements of this paragraph prior to installation. The Lot 2 owner shall
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10119450 1
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.
(c) No residence shall be constructed or permitted to remain on Lot 2 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
Minimurn Sq. Ft. Minimum Sq.Ft
3,500 4,500
(d) 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.
(e) Any residence erected on Lot 2 shall front or present a good frontage on the Street. All
garages shall be side -loading and garage doors shall not face the Street, except as otherwise
approved by Developer.
(f) 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 Lot 2, except for temporary
structures commonly placed on a Lot during construction of a residence thereon. This
prohibition shall not apply to any improvement or structure that may be placed on Lot 2 that
is used exclusively by any Public Utilities in connection with the furnishing of public utility
services to the Addition.
(g) No outbuildings or other detached structure appurtenant to the residence on Lot 2 may be
erected on Lot 2 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 Lot 2 if the
Plans for such Improvements are approved by Developer in accordance with this Bill of
Assurance.
(h) No fences or similar enclosures of any type or nature whatsoever shall ever be constructed,
erected, placed or maintained closer to the front Lot line of Lot 2 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 Lot 2.
(1) The owner of Lot 2 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 Lot 2. All four -wheelers,
side by sides, and other recreational vehicles (and their- trailers) must be stored fully
10119450.1
enclosed in a garage on Lot 2. No travel trailers or RVs may be parked on Lot 2 or on the
Street.
7. General Covenants and Restrictions. All Lots shall be developed and used in accordance
with the following covenants and restrictions:
(a) 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 Lot,
except for temporary structures commonly placed on a Lot during construction of a building
or residence thereon. No trailer, tent, shack, barn or other outbuilding (other than a pool
house on Lot 2 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 building or residence on a Lot
shall be constructed with a fire sprinkler system.
(b) No building or 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
succeed to their functions) and Developer. 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 if pennitted by applicable zoning ordinances.
(c) 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, 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 Addition. Trash bins and recycling bins shall be promptly removed from'
the Street after pick-up and shall be stored and kept on the owner's Lot in a location that is
not visible from the Street (other than dumpsters located in screened durnpster enclosures on
Lot 1).
(d) 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
and/or screen a Lot if approved by Developer.
8. 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
grass 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 pen -nit the yards, flowerbeds or landscaping on the Lot to become overgrown. If, in the
8
101 19450.1
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 fulfill 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.
9. OiL 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.
10. 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.
11. 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 on Lot 2, 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 Lot 2, and further prohibits the keeping of
chickens or bees on Lot 2 regardless of whether they are kept for personal purposes or the
production of food or household products. No animal of any kind, whether kept as a pet or
otherwise, that may be considered a danger to the health or safety of the other Lot owners, or a
nuisance to the Addition, may be kept on any Lot or part thereof.
12. Easements for Public Utilities and Drainag . 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, unless otherwise approved by Developer. All excavations for
9
10119450.1
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
seventy-five percent (75%) of the land area of the Lots. Notwithstanding the immediately preceding
sentence or anv contrary provision of this Bill of Assurance, the Developer may, at any time and
frorn 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 July 1, 2053 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 land area of Lots and recorded in the office of the Circuit
Clerk and Ex-Officio Recorder of Pulaski County, Arkansas.
18. 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
tirne 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.
19. D_eletation 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 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 Tracts (including the Street) to the POA, and the POA shall
assurne all obligations of Developer for the Tracts, Street and other Common Amenities upon
recording of a deed granting the Tracts 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 "Boarrr') which shall be comprised
of no fewer than three (3) directors, who shall have the authority to appoint various officers
10119450.1
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
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%) of
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 Tracts, Street and other
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
12
101 19450.1
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.
13. PropeM Lines and Boundaries. Iron pins have been set on all Lot and Tract 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 pills, the pins as set shall control.
14. Driveway Qbstructions; Vehicles. No obstruction shall be placed in the Street. 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 in any manner that endangers the safety of drivers or
pedestrians in the Addition. The Lot I owner shall park, and shall cause its tenants and their
respective customers, guests and invitees to park, in the designated parking areas on Lot 1. The Lot
2 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,
15. 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.
16. Ri&ht 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 or owners of
the Property, and their respective heirs, 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 heirs,
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.
17. Modifications. For so long as Developer owns any interest in the Property, any and all of
the terns, 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
10
10119450.1
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 17 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
OF A DEED TO A LOT OR OTHERWISE ACQUIRING ANY TITLE TO A LOT,
HEREBY ACCEPTS THE PROVISIONS OF THIS SECTION 19 AND AGREES TO
BECOME A MEMBER OF THE POA AS PROVIDED HEREIN AND TO COMPLY
WITH ALL TERMS AND CONDITIONS OF THE BYLAWS.
20. 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.
21. 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
10119450.1
EXECUTED this�rday of June, 2023.
DEVELOPER:
TLC, LLC,
an Arkansas limited liability company
Fay. r'
Ma hew White, Member
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF PULASKI )
On this o23,(,/ day of June, 2023, before me, the undersigned Notary Public, duly
commissioned, qualified and acting, within and for said County and State, appeared in person the
within named Matthew White (being the person authorized by said limited liability company to
execute such instrument, stating his capacity in that behalf), to me personally well known (or
satisfactorily proven to be such person), who stated that he was the Member of TLC, LLC, an
Arkansas limited liability company, and was duly authorized in such capacity to execute the
foregoing instrument for and in the name and behalf of said limited liability company, 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 official seal this day of
June, 2023.
(Notary Public) y
My Commission Expires:
E-
Q —3 —� TANIARA M. GUFFEY �y
Arkansas - Saline County
Notary Public - Comm# 12396983
My Commission Expires Feb 3, 2024
14
10119450.1
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