HomeMy WebLinkAboutS-0867-BB ApplicationCITY OF LITTLE ROCK, ARKANSAS
DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING
FILING FEES
NO. DATE
F19
Annexation . . . . . . . . . . . ... .
. . $
Board of Adjustment Application. . . . .
. . $
Conditional Use Permit . . . . . . . .
. . . $
Final Plat . . . . . . . . . . .
Planned Unit Development ...-
$
Preliminary Plat . . . .'- •'•
8
$
Rezoning Application
Site Plan (Multiple Building/Zoning).'.
$
Special Use Permit . .�•..�;{§�"`t •"
L"
Street, Alley, or Easement Closure
$
Street Name Change . . . . . . .
$
Street Name Signs: # Signs at_
ea. $
TOTAL $
06
File No.:— Address: z,s
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Applicant. '� By:
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CITY OF LITTLE ROCK
DATE: J ` _ L/ � NO-
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TYPE PERMIT PERMIT NUMBER FEE TOTAL THIS RECEIPT
BUILDING _ $CK.NO. � s 1
PLUMBING FIRM
ELECTRICAL ADDRESS ^
SIGN PHONE NUMBER
STREET REPAIR
STREET SUNDRY REC'D BY
11
REZONING ) I j Ir"n" hd- e2) lf' tv%- 30_A. _COLONL__
OTHER
CITY OF LITTLE ROCK, ARKANSAS
DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING
FILING FEES
f '`' ,19
NO . DATE �'
Annexation . . . . . . . . . . . . . . . . $
Board of Adjustment Application. $
Conditional Use Permit . . . . . . . . . $
Final Plat . . . . . . . . . . . . i � f s,
Planned Unit Development . . . . . . . . . . $
Preliminary Plat . . . . . . . . . . . $
Rezoning Applica-l�"
`
Site Plan (Multi Building Zan )� . . . . $
s
Special Use Permit . . . . . . . . . . . . . $
r' •
Street, Alley, or Easeaiterit' C}�dxe $
Street Name Change . . . . . . . . . . . $
Street Name Signs Si: Signs: # a
9 9 ea .
TOTAL $ I �� ; rJ
File No.: S A (G ���� r Address:
Applicant.*,- -. 1 By: 71
uA
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 the E 1/2, NW 1/4, Section 35, T-2-N, R-14-W,
Pulaski County, Arkansas, more particularly described as:
Starting at the southwest corner of the SE 1/4, NW 1/4,
said Section 35; thence S880451F2111E, along the south line
of said SE 1/4, NW 1/4, 660.4 ft. to the southwest corner
of the E 1/2, SE 1/4, NW 1/4, said Section 35; thence
N44°26'13"Ft, 537.63 ft.; thence N28054'24"W, 85.94 ft. to
the point of beginning; thence N28054'2411W, 352.0 ft.;
thence N370221'041W, 833.95 ft.; thence N52037115611E, 440.0
ft.; thence S3702210411E, 360.45 ft.; thence southeasterly
along the arc of a 924.93 ft. radius curve to the left
having a chord bearing and distance of S4900212411E,
374.25 ft.; thence S60042'44"E, 144.36 ft. to a point on
the existing westerly right-of-way line of Chenal Valley
Drive; thence S2901711611W along said westerly right-of-
way line, 60.0 ft. to a point on the southerly right-of-
way line of said Chenal Valley Drive; thence 56004214411E
along said southerly right-of-way line, 38.46 ft.; thence
southeasterly and continuing 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
S60°5813011E, 7.71 ft. to a point on the westerly right-
of-way line of Champagnolle Drive; thence southerly along
said westerly right-of-way line, being the arc of a 25
ft. radius curve to the right having a chord bearing and
distance of S2001911511E, 32.68 ft.; thence S2002812611W
and continuing along said westerly right-of-way line
192.20 ft.; thence southerly and continuing along said
westerly right-of-way line, being the arc of a 439.26 ft.
radius curve to the left, having a chord bearing and
distance of S0005128"W,, 305.62 ft.; thence S800081W,
259.21 ft. to the point of beginning containing 12.8653
acres more or less.
shown on the plat, hereinafter mentioned, as Lots 1-17, Tracts A,
and B, all in Block 12, Chenal Valley an Addition to the City of
Little Rock, Arkansas (the "Champagnolle Court Neighborhood"); and
WHEREAS, the Champagnolle Court 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
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WHEREAS, Deltic has caused to be incorporated Champagnolle
Court Property Owners Association, Inc. for the purpose of
administering the maintenance of the common area and amenities in
the Champagnolle Court 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 Champagnolle Court
Neighborhood will be members of Champagnolle Court 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 Champagnolle Court 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 b Joe D. White, Registered Land
Surveyor dated Z6_ and- bearing a Certificate of
Approval executed by t e epartment 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 access and/or 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.
The areas designated on the Plat as Tracts A and B, are hereby
donated and dedicated by Deltic to the owners of lots within the
Champagnolle Court Neighborhood with the right to use these areas
for buffer, park and aesthetic purposes and the Champagnolle Court
Property Owners Association, Inc. shall maintain such areas and
improvements at its sole cost. No improvements shall be placed on
the areas designated as Tracts A and B, other than improvements for
those designated purposes, unless first approved by the appropriate
agencies of the City of Little Rock, Champagnolle Court Property
rAW—\bmr1yp\dww1.m. - 2 -
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
1-17 and Tracts A and B, all in Block 12, Chenal Valley, an
Addition to the City of Little Rock, Arkansas" and any and every
deed of conveyance of any lot in the Champagnolle Court
Neighborhood describing the same by the number shown on said Plat
shall always be deemed a sufficient description thereof.
Said lands herein platted and any interest therein shall be
held, owned and conveyed subject to and in conformity with the
following covenants:
1. 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 as
Tracts A and B, and all improvements thereon, including but not
limited to, all walls, gatehouses, and landscaped areas shall be
maintained by the Champagnolle Court Property Owners Association,
Inc.
4. Delegation of Authority. Deltic has caused the formation
of the Champagnolle Court 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 Champagnolle Court
Neighborhood shall be deemed to covenant and agree to pay any
assessments, charges and/or special assessments which may
hereinafter be levied by the Champagnolle Court Property Owners
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Association, Inc. for the purpose of promoting the recreation,
health, safety and welfare of the owners within the Champagnolle
Court Neighborhood, in particular for the acquisition, servicing,
improvement and maintenance of common properties within the
Champagnolle Court Neighborhood and facilities which may be
hereafter dedicated for use by Deltic or otherwise acquired by the
Champagnolle Court Property Owners Association, Inc.
6. Height_ and Type of Residence. The residences in
Champagnolle Court shall be of similar size and architectural style
so as to create a neighborhood of architectural continuity. All
construction shall be approved by the Architectural Control
Committee, in its sole and absolute discretion, as further provided
for in paragraph 1 of this Bill of Assurance. No residence shall
be erected, altered, placed or permitted to remain on any lot in
the Champagnolle Court Neighborhood other than one detached
single-family residence not to exceed two stories in height.
7. Setback Requirements. No residence shall be located on
any lot nearer to the front lot line or the side street line than
the minimum building setback lines shown on the Plat. No building
shall be located nearer to an interior lot side line than a
distance of 10% of the average width of the lot, provided, however,
that such distance need not exceed 10 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.
Provided however, such setback requirements may be modified if such
modification is approved by the Architectural Control Committee and
all governmental agencies whose approval is required by law.
8. Minimum s uare Feet Area. No residence shall be
constructed or permitted to remain on any building site in the
Champagnolle Court Neighborhood 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:
Lot Number
Lots 1-17
One Story
Minimum Sq. Ft.
2,600
Multi -Story
Minimum Sg.Ft
3,000
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,
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.
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10. Frontage of Residence on Streets. Any residence erected
on any lot in the Champagnolle Court 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 Champagnolle Court
Neighborhood.
12. outbuildings Prohibited. No outbuildings or other
detached structure appurtenant to the residence may be erected on
any of the lots hereby restricted without the consent in writing of
the Architectural Control Committee.
13. Noxious Activity. No noxious or offensive trade or
activity shall be carried on upon any lot, nor shall any garbage,
trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes
or other refuse be thrown, placed or dumped upon any vacant lot,
street, road or common areas, nor on any site unless placed in a
container suitable for garbage pickup; nor shall anything ever be
done which may be or become an annoyance or nuisance to the
neighborhood.
14. Oil and Mineral Operations. No oil drilling, oil
development operating, oil refining, quarrying or mining operations
of any kind shall be permitted upon or in any building site, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be
permitted upon or in any building site. No derrick or other
structure designed for use in boring for oil or natural gas shall
be erected, maintained or permitted upon any building site.
15. Cesspool. No leaching cesspool shall ever be constructed
or used on any lot.
16. Existing Structure. No existing, erected building 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.
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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 Private Drives. A private access easement
for Lots 1, 2 and 3, Block 12 within the Champagnolle Court
Neighborhood is shown on the Plat as shaded area and such easement
is hereby dedicated as a private access easement for vehicular
traffic only for the use of the owners of these lots in the
Champagnolle Court Neighborhood. This easement shall be maintained
by the Champagnolle Court Property Owners Association, Inc.
19. 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.
20. Sight Line Restrictions. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between two and
six feet above the roadways, shall be placed or permitted to remain
on any corner lot within the triangular area formed by the street
property lines and a line connecting them at points fifty (50) feet
from the intersection of the street lines, or in the case of a
rounded property corner, within the triangle formed by tangents to
the curve at its beginning and end, and a line connecting them at
points fifty (50) feet from their intersection. No tree shall be
permitted to remain within such distances of such intersections
unless the foliage line is maintained at a height of 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.
21. Property Lines and Boundaries. Iron pins have been set
on all lot corners and points of curve and all lot dimensions shown
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on curves are chord distances, and all curve data as shown on the
Plat filed herewith is centerline curve data. In the event of
minor discrepancies between the dimensions or distances as shown on
the Plat and actual dimensions and distances as disclosed by the
established pins, the pins as set shall control.
22. Driveway Obstructions. No obstruction shall be placed in
the street gutter. Curbs shall be saw cut at driveways with a
diamond blade, and driveway grades lowered to meet the gutterline
not more than two inches above the gutter grade.
23. Ground Frontage. No lot shall be subdivided.
24. Storm Sewer Maintenance. In those places where a storm
sewer crosses any lot in an area other than in a street right-of-
way area or a drainage/utility easement area, said storm sewer will
be maintained by the Champagnolle Court Property Owners
Association, Inc.
25. Natural. Drainage Maintenance. Lots 1, 2, 3 and 4 are
subject to certain natural drainage swales/draws which are
indicated on the plat. Except for improvements constructed by the
Developer, no owner of Lots 1, 2, 3, or 4 shall construct any
improvement on these lots which would block or impede natural
drainage flow through such swales/draws.
26. 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. :
27. 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
Champagnolle Court Neighborhood. Each covenant in this instrument,
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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 Champagnolle Court Neighborhood has been recorded prior to
the commencement of any ten-year period.
28. 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.
29. 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
surface in any oil drilling, oil development operating, oil
refining, quarrying or mining operations.
30. 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.
31. 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 29th day of
Attest:
Jame)9 E. Baine
Secretary
f:W®.�6ewr�p\ctim�pLboa —8 —
June
, 1992.
DELTIC FARM & TI ER CO., INC.
By:
C.W. tilfler, Jr.
President
LIT E CCK PLAM..IN_ G_
CC IC R
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF jTNT0jT
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 2_�_e9_th day of TIInp. _ _ , 1992.
-r n
r Notary Public
My Commission Expires:
cwa=wmrgP%d=Vi.b= — 9 —
ATTEST:
James''E. Baine, Secretary
STATE OF ARKANSAS
COUNTY OF UNION
DELTIC TIMBER PURCHASERS, INC.
By:
C. utler, Jr., Presid nt
ACKNOWLEDGMENT
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 29th day of Jimp , 1992.
—NOTARY PUBLIC
My commission expires:
June 1. 2002
f:*h m%e ypW—pl.bm —10 —
NOV 5, 1992
RE = F 2 NAL P L AT , C H E NAL VAL L E Y
. BLOCK M2, LOTS 1 -1 '7
C O N S T RU C T 2 0 N 2 S C O MP L E T S
AND APPROVE D
T WO P AG 2 S MONUMENT S
NEEDED, S H O U L D B E NUMB E RE D
-)# S 5 Sz # 3 6 .
SHOW BAS 2 S OF 3BEAR2 NGS ,
O R 2 G 2 N O F S TAT E P LANE
COORD2 MATES .
WH 2 T E- D AT E RS HAS B E E N
NOT 2 F= E D, AGREED T O MAKE
CHANGES ON THE DRAW= NG .
NO T APPROVE D U NT 2 L C H ANG E S
MADE .
M9 WHITE -RATERS & ASSOCIATES, INC.
401 Victory Street:
Little Rack, Arkansas 72201
1501] 374-1666
City of Little Rock
Department of Neighborhood Planning
723 W. Markham
Little Rock, AR 72201
Gentlemen:
It is requs ted"t at a Certift ate of Final Plat Approval be issued
for ; _'G �r� Gc.��Gz- . located in
Section T- - , R- Rock, Pulaski
County, Arkansas. ,
Please let us know if there is additional information required.
Sincerely,
WHITE-DATERS & ASSOCIATES, INC.
Enclosures:
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3
CIVIL ENGINEERING. LAND PLANNING ra DEVELOPMENT. SURVEYING