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Home My WebLink AboutS-0867-L Application10 WHITE-❑ATERS & ASSOCIATES, INC. w-+y 401 Victory Street ■-=�' Little Rock, Arkansas 72201 [501 j 374-166B Comprehensive Planning City of Little Rock City Hall Little Rock, AR 72201 Gentlemen: It is requested t at. Certificate of F nal Plat Approval be issued for , �?G �- � (� [C,JrP 1 '� W f located in Section z55 , T- 17 - IV R- t4- - , Little Rock, Pulaski County, Arkansas. Please let us know if there is additional information required. Sincerely, WHITE-DATERS & ASSOCIATES, INC. By • Enclosures: 271 CIVIL ENGINEERING, LAND PLANNING 6 DEVELOPMENT, SURVEYING WHITE-DATEHS & ASSOCIATES, INC. 401 Victory Street Little Rock, Arkansas 72201 0 [501 ] 374-1666 July 19, 1990 Mr. Van McLendon City of Little Rock Dept. of Comprehensive Planning 723 W. Markham Little Rock, AR 72201 RE: Chenal Valley, Phase III, Blocks 5 & 6 Dear Van: The Owner on the above captioned project wishes to plat this subdivision prior to completion of all of the improvements. For your information I have enclosed a copy of my letter to the Owner establishing the cost of completing the improvements, and the itemized monthly estimate upon which the estimated cost of completion has been based. I expect that the plat will be circulated and submitted for review next week. Please contact our office if you have any questions or need any additional information. Sincerely, Timothy E. Daters, P.E. TED/skh Enclosures: Letter of July 19, 1990 to Jack McCray Estimate #4 Chenal Valley III cc: Mr. Jack McCray CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING JM WHITE -RATERS & ASSOCIATES. INC. 10 401 Victory Street Little Rock, Arkansas 72201 E3 (501 J 374-1666 June 19, 1990 Mr. Jack McCrax Detic Farm & Timber Co., Inc. P Chenal Club Cir. Little Rock, AR 72211 RE: Chenal Valley - Blocks 5 & 6 (Phase III) Dear Jack: As per your request I have estimated the cost of completing construction of the improvements for the above captioned project. Est. Total Completed & Remaining Const. Cost Paid to Date Balance Grading, Paving & Drainage $364,632.19 $101,343.06 $263,289.13 Sanitary Sewer 90,975.94 60,774.14 30,201.80 Water System 54,368.24 0.00 _541368.24 Sub -Total $347,859.17 Engineering 1.4,777.10 TOTAL $362,636.27 I have enclosed a copy of estimate 14, dated June 5, 1990, for your reference. If you need any additional information or have any questions do not hesitate to call. Sincerely, Timothy E. Daters, P.E. TED/sh Enclosure: Estimate 14 CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING WHITE-DATERS & ASSOCIATES CONTRACTOR'S MONTHLY ESTIMATE Consulting Engineers PROJECTS P-3, S-3, & W-3 ESTIMATE j 04 401 Victory Street CHENAL VALLEY PHASE III DATE 6-5-90 Little Rock, AR. 72201 LITTLE ROCK, ARKANSAS PAGE NO. 1 OF 2 Owner: DELTIC FARM & TIMBER CO., INC. Contractor: Worth James Construction Co. Item Bid Prev. . This Total Unit No Description Quantity Est. Est. To Date Price TOTAL GRADING, PAVING & DRAINAGE 1 Clearing & Grubbing 8 AC 8 1 9 $1,932.48 $17,392.32 2 Uncl. Excavation 10680 CY 0 5000 5000 $3.46 $17,300.00 3 Uncl. Ditch Excavation 1100 CY 0 0 0 $2.65 $0.00 4 Undercut. incld. Compacted Backfill 4427 CY 0 1300 1300 $3.95 $5,135.00 5 Hay Bales for Erosion Control 150 EA 0 0 0 $4.66 $0.00 6 15" RCP, Cl. III 1050 LF 168 782 950 $13.82 $13,129.00 7 18" RCP, CL III 30 LF 0 27 27 $15.84 $427.68 8 24": RCP, CL III 200 LF 0 238 238 $21.86 $5,202.68 9 48" RCP, CL III 610 LF 603 0 603 $61.59 $37,138.77 10 4' dia. Curb Inlet, 0'-4' 10 EA 0.5 3.5 4 $875.00 $3,500.00 11 4' dia. Junction Box, 0'-4' 2 EA 0 1 1 $650.00 $650.00 12 6' dia. Curb Inlet. 0'-6' 3 EA 1.5 0 1.5 $1,875.00 $2,812.50 13 6' dia. Junction Box, 0'-6' 1 EA 0.5 0 0.5 $1,875.00 $937.50 14 Ex. dep. in 4' dia. curb inlet & box 15 LF 0.5 10.8 11.3 $100.00 $1,130.00 15 Ex. dep. in 6' dia. curb inlet & box 15 LF 10.2 0 10.2 $210.00 $2,142.00 16 Tap Existing Inlet or Junction Box 1 EA 2 0 2 $350.00 $700.00 17 Remove & Dispose of Exist. Conc. Curb 155 EA 0 0 0 $2.22 $0.00 18 Type No. 1 Conc. Curb & Gutter 7875 LF 0 0 0 $4.88 $0.00 19 8" Thick Compacted Crshd. Stn. Base 11400 SY 0 0 0 $3.97 $0.00 20 2" HMAC Wear. Surf. w/prime coat SY 0 0 0 $3.06 $0.00 21 111400 Reinf. Conc. Cl. A in Box culvert 7 CY 0 0 0 $325.00 $0.00 22 6" 3000 PSI Conc. Pvmt. in Dr. & T.O. 35 SY 0, 0 0 $18.90 $0.00 23 4" 3000 psi Conc. Sidewalk w/ramps 1400 SY 0 0 0 $14.18 $0.00 24 4" Ballast Stn. Stabl. w/undercut 900 TN 0 0 0 $10.85 $0.00 25 Comp Crshd Stn. Base to seal Ballast 75 TN 0 0 0 $11.11 $0.00 26 Trench Stone for Reinf. Conc. Culv. 110 TN 0 0 0 $10.60 $0.00 27 Native Stone Facing 155 SF 0 0 0 $11.39 $0.00 28 1'-6" x 1'-6" Subdrain 1020 LF 0 0 0 $3.25 $0.00 29 Landscape Sleeves 0 LF 0 0 0 $24.12 $0.00 30 3" PVC Schedule 40 Conduit 250 LF 216 0 216 $4.84 $1,045.44 31 4" PVC Sch. 40 conduit 1000 LF 0 0 0 $5.70 $0.00 32 5" PVC Sch. 40 conduit 0 LF 253 0 253 $7.27 $1,839.31 33 AP&L Trenching w/Sand Backfill 8300 LF 0 0 0 $3.98 $0.00 34 Cartpath 4" Thick Comp. HMA Stabil. 525 SY 0 0 0 $20.00 $0.00 35 Dispose of Excess Excay. Mea. in Cut 1500 CY 0 0 0 $1.45 $0.00 36 Stone Rip Rap 15 CY 0 0 0 $31.50 $0.00 37 48" CMP : 40 LF 0 40 40 $53.03 $2,121.20 SUBTOTAL PROJECT P-3 $112,603.40 SANITARY SEWER 1 4" CI Soil Pipe Service 650 LF 340 122 462 $11.55 $5,336.10 2 8" Pipe Sewer, 0'-6' 10.67 LF 572 691 1263 $10.67 $13,476.21 3 8" Pipe Sewer, 6'-8' 1110 LF 1228.5 260 1488.5 $10.91 $16,239.54 4 8" Pipe Sewer, 8'-10' 820 LF 578 398 976 $11.21 $10,940.96 5 8" Pipe Sewer, 10'-12' 475 LF 7 131 138 $14.28 $1,970.64 6 8" Pipe Sewer, 12'-14' 50 LF 0 8 8 $17.48 $139.84 7 8" D.I. Pipe Sewer, 0'-6' 20 LF 0 0 0 $12.23 $0.00 7> WHITE-DATERS & ASSOCIATES CONTRACTOR'S MONTHLY ESTIMATE Consulting Engineers PROJECTS P-3, S-3, & W-3 ESTIMATE # 04 401 Victory Street CHENAL VALLEY PHASE III DATE 6-5-90 Little Rock, AR. 72201 LITTLE ROCK, ARKANSAS PAGE NO. 2 OF 2 Owner: DELTIC FARM & TIMBER CO., INC. Contractor: Worth James Construction Co. Item Bid Prev. This Total Unit No Description Quantity Est. Est. To Date Price TOTAL 8 8" D.I. Pipe Sewer, 6'-8' 35 LF 0 24 24 $12.47 $299.28 9 8" D.I. Pipe Sewer, 8'-10' 35 LF 7 30 37 $12.77 $472.49 10 8" D.I. Pipe Sewer, 10'-12' 20 LF 16 0 16 $15.84 $253.44 11 8" D.I. Pipe Sewer, 12'-14' 20 LF 21 0 21 $19.04 $399.84 12 8" D.I. Pipe Sewer, 14'-16' 20 LF 18 0 18 $22.23 $400.14 13 Manholes, 0'-6' 22 EA 12 6 18 $650.00 $11,700.00 14 Extra Depth in Manholes 70 LF 28.2 10.6 38.8 $100.00 $3,880.00 15 Drop in manholes 10 LF 0 0 0 $120.83 $0.00 16 8"-x 4" Wyes 20 EA 13 9 22 $55.44 $1,219.68 17 4" Stubouts 13 EA 0 2 2 $22.71 $45:42 18 8" Stuboute 3 EA 0 0 0 $31.23 $0.00 19 Tap Existing 20" DIP Sewer 1 EA 0 0 0 $300.00 $0.00 20 B" Fernco Couplings 3 EA 0 1 1 $43.24 $43.24 21 Extra Trench Stone 220 TN 0 0 0 $10.60 $0.00 22 Tap Existing Manhole 10 EA 2 0 2 $300.00 $600.00 23 Class B Concrete 5 CY 0.5 0.5 1 $110.00 $110.00 SUB -TOTAL PROJECT S-3 $67,526.82 WATER MAINS 1 3" Class 200 PVC Water Main 1375 LF 0 0 0 $6.87 $0.00 2 8" DIP CL 50 Water Main 2000 LF 0 0 0 $11.89 $0.00 3 3" Double Disc Gate Valve & Box 3 EA 0 0 0 $270.00 $0.00 4 8" Double Disc Gate Valve & Box 3 EA 0 0 0 $433.50 $0.00 5 12" x 8" Tapping Sleeve & 8" Res. Val 1 EA 0 0 0 $1,172.10 $0.00 6 Standard Fire Hydrant 4 EA 0 0 0 $1,500.00 $0.00 7 1-1" Sery Line in Ditch Type K Copper 3 EA 0 0 0 $301.62 $0.00 8 2-1" Sery Line in Ditch Type K Copper 4 EA 0 0 0 $579.24 $0.00 9 2" Class 200 PVC Serv. Line 200 LF 0 0 0 $5.56 $0.00 10 2" Temp. Side Blow -off Assem. 1 EA 0 0 0 $232.13 $0.00 11 1" Blow -off Assembly, incl. meter box 1 EA 0 0 0 $19.44 $0.00 12 Cast Iron Fittings 1800 LB 0 0 0 $1.50 $0.00 13 Conc. in Thrust Bike & Anchor Collars 10 CY 0 0 0 $200.00 $0.00 14 Testing & Sterilization 100%LS 0.00% 0.00% 0.00% $1,800.00 $0.00 15 4" Schad. 40 PVC Conduit to Lot 12 120 LF 0 0 0 $5.70 $0.00 SUB -TOTAL PROJECT W-3 $0.00 TOTAL PROJECTS P-3, S-3 & W-3 $180,130.22 Constr. Price Orig. $509,976.37 Previous Estimate $108,035.67 Change Order $0.00 This Estimate $72,094.55 Grand Total $509,976.37 Total Estimate $180,130.22 Percent Complete 35.32% Less 10%Retain. $18,013.02 Pro a Fin Cvnstr�/Pr�5 9,976.37 �Materials fff on Hand $162,117.19 $0-.00 $162,117.19 WH E-DAIS & Assoc. vnsu ting Engineers Less Previous Payments $97,232.10 Amount Due Contractor $64,885.09 M E M O R A N D U M TO: Van McClendon FROM: Carroll Ball SUBJECT: Final Subdivision Plats Chenal Valley Addition Lots 1-31 Blk 5, T"rs A-E Blk 5, Lots 1-13 Blk 6 Show error of closure. Show date of plat. Construction is incomplete. Provide assurance of completion•of construction in the amount of W5,000 for grading paving, drainage and engineering apart from the assurance requirements for sanitary sewer and water system. BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, DELTIC FARM & TIMBER CO., INC., an Arkansas corporation (hereinafter called "Deltic"), is the owner of the following property: Part of Section 35, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the center of Section 36, T-2-N, R-14-W; thence S 00 45' 34" W along the North -South centerline of said Section 361 1021.60 ft. to a point; thence Northwesterly along the arc of a 2864.79 ft. radius curve to the left, having a chord bearing and distance of N 220 55" 54" W, 873.62 ft. to a point; thence N 310 42' 04" W, 1565.59 ft. to a point; thence S 580 00" 56" W, 333.03 ft. to a point; thence Southwesterly along the arc of a 1432.39 ft. radius curve to the left, having a chord bearing and distance of S 320 27' 10" W, 1236.23 ft. to a point; thence S 60 531 18" W, 389.69 ft. to a point; thence Southerly along the arc of a 2864.79 ft. radius curve to the right, having a chord bearing and distance of S 10 061 42" W, 576.67 ft. to a point; thence N 860 46' 15" W, 280.25 ft. to a point; thence Northwesterly along the arc of a 572.96 ft. radius curve to the right, having a chord bearing and distance of N 730 00' 38" W, 272.57 ft. to a point; thence N 590 15' W, 198.91 ft. to a point; thence Northwesterly along the arc of a 572.96 ft. radius curve to the left, having a chord bearing'and distance of N 710 07' W, 235.64 ft. to a point; thence N 820 59' W, 266.85 ft. to a point; thence Northwesterly along the arc of a 572.96 ft. radius curve to the right, having a chord bearing and distance of S 570 56" 36" W, 485.01 ft. to a point; thence N 320 54' 12" W, 286.18 ft. to a point; thence N 570 05' 48" E, 30.0 ft. to a point on the Easterly right-of-way line of Champagnolle Drive; thence N 320 54' 12" W along said Easterly right-of-way line, 5.98 ft. to the point of beginning; thence N 320 54' 12" W and continuing along said Easterly right-of-way line, 153.85 ft. to a point; thence Northwesterly and continuing along said Easterly right-of-way line being the arc of a 984.93 ft. radius curve to the left, having a chord bearing and distance of N 500 40' 14" W, 601.09 ft. to a point; thence N 680 26' 14" W and continuing along said Easterly right -of- way line, 640.84 ft. to a point; thence Northwesterly and continuing along said Easterly right-of-way line, being the arc of a 379.26 ft. radius curve to the right, having a chord bearing and distance of N 230 58' 54" W, 531.23 ft. to a point; thence N 200 28' 27" E and continuing along said Easterly bcwrlypWchicf.bw right-of-way line, 179.11 ft. to a point; thence Northeasterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of N 650 27" 48" E, 35.35 ft. to a point on the Southerly right-of-way line of Chenal Valley Drive; thence Easterly along said Southerly right-of-way line, being the arc of a 746.20 ft. radius curve to the left, having a, chord bearing and distance of N 820 22' 03" E, 697.38 ft. to a point; thence N 540 57' 55" E, and continuing along said Southerly right-of-way line, 32.27 ft. to a point; thence S 350 21' 40" E, 912.46 ft. to a point; thence S 710 41' 14" E, 813.34 ft. to a point; thence S 400 50' 56" W, 390.0 ft. to a point; thence S 650 ill 04" W, 547.70 ft. to the point of beginning, containing 32.3234 Acres more or less. shown on the plat, hereinafter mentioned, as Lots 1-31, Block 5, Tracts A, B, C, D and E, Block 5, and Lots 1-13, Block 6, Chenal Valley an Addition to the City of Little Rock, Arkansas (the "Fontenay Circle Neighborhood"); and WHEREAS, the Fontenay Circle Neighborhood is part of the community known as Chenal Valley and is subject to those certain Covenants and Restrictions filed November 22, 1989 in the office of the Circuit Clerk of Pulaski County as Instrument No. 89-61706 (the "Covenants and Restrictions"); and WHEREAS, Deltic has caused to be incorporated Fontenay Circle Property Owners Association, Inc. for the purpose of administering the maintenance of the common area and amenities in the Fontenay Circle Neighborhood and Chenal Valley Property Owners Association, Inc. for the purpose of administering the maintenance of the common areas and amenities of Chenal Valley; and WHEREAS, all owners of lots within the Fontenay Circle Neigh- borhood will be members of Fontenay Circle Property Owners Association, Inc. as provided for herein and members of Chenal Valley Property Owners Association, Inc. as provided for in the Covenants and Restrictions; and WHEREAS, it is deemed advisable that all of the property shown on -the plat hereinafter mentioned, be subdivided into building lots, tracts and streets as shown on the plat filed herewith, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of the Fontenay Circle Neighborhood. NOW THEREFORE, Deltic, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat, showing a survey made by Joe D. White, Registered Land n_v«iyP\dcw.r." - 2 - Surveyor dated July 2, 1990, and bearing a Certificate of Approval executed by the Department of Comprehensive Planning of the City of Little Rock, and showing the boundaries and dimensions of the property now being subdivided into lots, tracts and streets (the "Plat"). Deltic hereby donates and dedicates to the public an easement of way on, over and under the streets on said plat to be used as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage and 'utilities which Deltic hereby donates and dedicates to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, sewer and cable television with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. There are areas designated on the Plat as drainage, buffer, utility and landscape easements and Deltic hereby donates and dedicates to the owners of lots within the Fontenay Circle Neighborhood the right to use these areas for drainage and aesthetic purposes and the Fontenay Circle Property Owners Association, Inc. shall maintain such areas and improvements at its sole cost. No improvements shall be placed on the areas designated for drainage, buffer, utility and landscape easements other than improvements for those designated purposes, unless first approved by the appropriate agencies of the City of Little Rock, Fontenay Circle Property Owners Association, Inc. and the Architectural Control Committee established pursuant to the Covenants and Restrictions and By -Laws of Chenal Valley Property Owners Association, Inc. (the "Architectural Control Committee"). The filing of this Bill of Assurance and Plat for record in - the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "Lots 1-31 in Block 5, Tracts A, B, C, D, and E, Block 5, and Lots 1-13 in Block 6, Chenal Valley, an Addition to the City of Little Rock, Arkansas" and any and every deed of conveyance of any lot in the Fontenay Circle Neighborhood describing the same by the number shown on said Plat shall always be deemed a sufficient description thereof. Said lands herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants: bavcr1yP\&1t1c.bm -3 - 1. Architectural Control. No improvement shall be constructed or maintained upon any lot and no alteration or repainting to the exterior of a structure shall be made and no landscaping performed unless approved by the Architectural Control Committee as provided for in the Covenants and Restrictions. 2. Use of Land. The land herein platted shall be held, owned and used only as residential building sites. No structures shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence. 3. Common Amenities. The areas designated on the Plat for drainage, buffer, utility and landscape purposes and all improvements thereon, including but not limited to, all walls, gatehouses, and landscaped areas shall be maintained by the Fontenay Circle Property Owners Association, Inc. 4. Delegation of Authority. Deltic has caused the formation of the Fontenay Circle Property Owners Association, Inc., a nonprofit corporation. Deltic shall have the right, but not the obligation, by a written instrument recorded in the Office of the Recorder for Pulaski County, Arkansas, to delegate, convey and transfer to such corporation all authority, rights, privileges and duties reserved by Deltic in this Bill of Assurance. 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 within Fontenay Circle shall be deemed to covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Fontenay Circle Property Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the Fontenay Circle Neighborhood, in particular for the acquisition, servicing, improvement and maintenance of common properties within the Fontenay Circle Neighborhood and facilities which may be hereafter dedicated for use by Deltic or otherwise acquired by the Fontenay Circle Property Owners Association, Inc. 6. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot in the Fontenay Circle Neighborhood other than one detached single-family residence not to exceed two and one-half stories in height. 7. Setback Requirements. No residence shall be located on any lot nearer to the front lot line, rear lot line or nearer to the side street line than the minimum building setback lines shown on the Plat; provided, such setback requirements may be modified if such modification is approved by the Architectural Control Committee, the Little Rock Planning Commission or the Little Rock Board of Adjustment, and such other regulatory agency as may succeed to their functions. No building shall be located nearer to an interior lot side line than a distance of 10% of the average ecvarWWciucr.bm -4 - width of the lot, provided, however, that such distance need not exceed 15 feet. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building. 8. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in the Fontenay Circle Neighborhood unless the finished heated living area, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall equal to exceed that shown in the following schedule: Lot Number All Lots in Block Nos. 5 & 6 One Story Minimum Sq. Ft. 2,600 Multi -Story Minimum Sa.Ft 3,200 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. 9. Height of Other Structures. No structure of any kind, including, but not limited to, any radio or television antenna or tower, shall be built or permitted to remain upon the lot if the height of such structure is higher than the ridge line of the residence upon such lot or visible from the street which such residence fronts. 10. Frontage of Residence on Streets. Any residence erected on any lot in the Fontenay Circle Neighborhood shall front or present a good frontage on the streets designated in the Plat, and for this purpose as applied to all inside lots, it shall mean that the residence shall front on the street designated, and. on any corner lot it shall mean that the residence shall front or'present a good frontage on both of the streets designated in the Plat. 11. Commercial Structures. No building or structure of any type may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to the Chenal Circle Neighborhood. 12. Outbuildincts Prohibited. No outbuildings or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Control Committee. 13. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any garbage, be edyp\ddGd bm - 5 - trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other refuse be thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any site unless placed in a container suitable for garbage pickup; nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. 14. oil and Mineral Operations. No oil drilling, oil development operating-, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any building site. 15. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 16. Existing -Structure. No existing, erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 17. Temporary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. 18. Easements for Public Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said easements being of various widths, reference being hereby made to the Plat filed herewith for a more specific description of width and location thereof. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility or drainage easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such easement, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 19. Easements for Pedestrian and Golf Cart Traffic. Access easements for the 44 residences within the Fontenay Circle Neigh- borhood are located between Lots 7 and 8, Block 5, as shown on the Plat and such easements are hereby dedicated as private easements for pedestrian and golf cart traffic only for the use of owners of lots in the Fontenay Circle Neighborhood to be used for access to bawryp'delud bm - 6 - the adjacent golf course. These easements shall be maintained by the Fontenay Circle Property Owners Association, Inc. 20. Access Easements. The access easements shown on Lot 12, Block 5, Chenal Valley, is hereby dedicated as a private easement for the use and benefit of Lots 11, 12, and 13, Block 5, Chenal Valley, only. This easement will be maintained by the Fontenay Circle Property Owners Association, Inc. 21. Fences. No fences, enclosure or part of any building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot, provided, however, that chain link or similar fences are in all events strictly prohibited and shall not be used under any circumstances; provided, further, that it is not the intentions of this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard. 22. Sight Line Restrictions. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways, shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points fifty (50) feet from the intersection of the street lines, or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points fifty (50) feet from their intersection. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a height of eight feet to prevent obstruction of such sight lines. The same sight line limitations shall apply on any lot within ten feet of the intersection of the street property line with the edge of a driveway or alley pavement. 23. Property Lines 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. 24. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the gutterline not more than two inches above the gutter grade. 25. Lots 1 2 30 and 31 Block 5 Restrictions. No vehicular access shall be allowed onto Chenal Valley Drive from Lots 1, 2, 30 'and 31, Block 5. No vehicular access shall be allowed on to Champagnolle Drive from Lots 14 - 30, Block 5. bmryP�dciucr bm — 7 — 26. Ground Frontage. No lot shall be subdivided. 27. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns. All parties claiming by, through or under the present owner shall be taken to covenant with the owner of the lots hereby restricted, and its successors and assigns, to conform to and observe these restrictions. No restriction herein shall be personally binding upon any corporation, person or persons, except with respect to breaches committed during its, his or their term of holding title to said land. Deltic, its successors and assigns, and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure by any owner or owners of any lot or lots in this addition to observe any of the restrictions herein. Any delay in bringing such action shall, in no event, be deemed to be a waiver of the right to do so thereafter. 28. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged by the owner or owners of more than seventy-five percent (75%) in area of the total land contained within the Fontenay Circle Neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2030 after which time each covenant in this instrument shall be automatically extended for successive periods of ten (10) years unless an instrument terminating the covenants signed by the then owners of seventy-five percent (75%) of the lots in the Fontenay Circle Neighborhood has been recorded prior to the commencement of any ten-year period. 29. Attorney Fee. In any legal or equitable proceeding for the enforcement or to restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the prevailing party or parties shall be entitled to attorney fees in such amount as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 30. oil Gas and Other Minerals. Deltic Timber Purchasers, Inc., for and in consideration of Ten and No/100 Dollars ($10.00), executes this Bill of Assurance solely upon the belief that it may own a portion of the oil, gas and minerals except the coal, sand, clay and gravel in and under the above -described land and hereby subordinates its interest In the oil, gas and other minerals except coal, sand, clay and gravel to the Bill of Assurance and pursuant to paragraph fourteen (14) thereof will not engage the use of the bavcriyp\dcrecr.bm - 8 - surface in any oil drilling, oil development operating, oil refining, quarrying or mining operations. 31. Extension. All covenants for which extension is not otherwise provided in this instrument, shall automatically be extended for successive periods of ten (10) years each unless modified, terminated or canceled as provided herein. 32. Severability. Invalidation of any restriction set forth herein or any part thereof by any order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions or any part thereof as set forth herein, but they shall remain in full force and effect. EXECUTED this 20th day of August 1990. DELTIC FARM & TIMBER CO., INC. r' �J By: . But er, Jr. President Attest: Jam s E. Baine LITTLE ROCK PLANNING Secretary CO SSION APPROVED -�-� xVC.iyp\&hicf.nm — 9 — ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF UNION On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named C. W. Butler, Jr. and James E, Baine being the President and Secretary, respectively, of DELTIC FARM & TIMBER CO., INC. and who had been designated by said DELTIC FARM & TIMBER CO., INC. to execute the above instrument, to me personally well known, who stated they were the President and Secretary of said DELTIC FARM & TIMBER CO., INC. and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said DELTIC FARM & TIMBER CO., INC. 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 seal this 20th day of _ _ August , 1990. Notary Public My Commission Expires: rommaDYA bcwr1yp1&wcr.nm -10 - DELTIC TIMBER PURCHASERS, INC. By: r . W. 'BifEler, Jr. President Attest: Jam E. Baine Secretary ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF UNION On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named C. W. Butler, Jr. and James E. Baine being the President and Secretary, respectively, of DELTIC TIMBER PURCHASERS, INC. and who had been designated by said DELTIC TIMBER PURCHASERS, INC. to execute the above instrument, to me personally well known, who stated they were President and Secretary of said DELTIC TIMBER PURCHASERS, INC. and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said DELTIC TIMBER PURCHASERS, INC. 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 seal this 20th day of _ August _ , 1990. NOTARY PUBLIC My commission expires: June 1, 1992 bcwrlyp\dcllic(.bw - 11 110now ®m ® El" � WWROMM MOIL LITTLE ROCK MUNICIPAL WATER WORKS September 7, 1990 Department of Neighborhood Revitilization and Planning Attn: Van McClendon 723 West Markham Street Little Rock, AR 72201 RE: CHENAL VALLEY - PHASE III BLOCK 5, LOTS 1-31 AND BLOCK 6, LOTS 1-13 LRMWW EXT. NOS. 5816 & 4817 This is to advise that the water system serving the above described area was installed under plans and specifications of the Little Rock Municipal Water Works and under our supervision. We have accepted this system for operation and maintenance and are in a position to serve property in this area. LITTLE ROCK MUN;Enn WATER WORKS L t Marie C. Dugan,ering Assistant 221 EAST CAPITOL AVENUE • POST OFFICE BOX 1789 • I�1TTLE ROCK, ARKANSAS 72203 • (501) 377-1200 CITY OF LITTLE ROCK NO. OFFICE OF COMPREHENSIVE PLANNING FILING FEES Little Rock, Ark. ,'��g 19� Rezoning Application . . . . . . . . . . . . . Board of Adjustment Application. $ ■ Preliminary Plat . . . • - �,: Final Plat```` •`�..��: ;'�.�• $ r Street Name Signs: No. Sign L71 At b-E a� $ A TOTAL O� File No.*- Address: Applicant'.