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HomeMy WebLinkAboutS-0867-YYYYY ApplicationCIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: CHENAL VALLEY (VARENNES COURT) INSPECTOR REPORT NIDT prS� I hav�madeA�� inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted as follows: C ENGINEER REPORT Engineering Specialist I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. 1 o er requ' ents for final plat approval have been satisfied. l r Civil Engineer I/II SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. ICJ Surveyor 7//9/0S MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Design Review Engineer/Civil Engineering Manager f I u 0 3 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: 2005062773 97/27/2a05 1$:18:19 AN Filed d Recorded in Official Records of PAT O'RRIEN PULA5KI COUNTY CIRCUIT/COUNTY CLERK Fees f53.00 THAT, WHEREAS, DELTIC TIMBER CORPORATION, a Delaware corporation (hereinafter called '[Deltic"), is the owner .of the following property: PART OF SECTION 27, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF TRACT A, BLOCK 92, CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, SAID CORNER LYING ON THE SOUTH RIGHT-OF-WAY LINE OF CHENAL VALLEY DRIVE; THENCE WESTERLY AND SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING: (1) N82057'41"W, 425.53 FT.; (2) WESTERLY ALONG THE ARC OF A 924.93 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S88°33'32"W, 272.78 FT.; (3) S80°04'44"W, 1080.48 FT.; (4) SOUTHWESTERLY ALONG THE ARC OF A 470.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S60003' 16"W, 321.88 FT.; (5) S40'01'48"W, 847.96 FT.; (6) SOUTHERLY ALONG THE ARC OF A 270.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S05036'01"E, 386.01 FT.; (7) S51°13'49"E, 289.83 FT.; (8) SOUTHERLY ALONG THE ARC OF A 480.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S25°23' 16"E, 418.46 FT.; (9) S00027' 17"W, 226.58 FT.; (10) SOUTHERLY ALONG THE ARC OF A 542.96 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S17029'03"E, 334.47 FT.; (11) S35025'23"E, 561.70 FT.; (12) SOUTHEASTERLY ALONG THE ARC OF A 542.96 FT. RADIUS CURVE TO THE LEFT, A CHORD BERING AND DISTANCE OF S46°37' 13"E, 210.87 FT. AND (13) S57°49'04"E, 17.90 FT. TO THE POINT OF BEGINNING; THENCE N38°34' 19"E, 307.32 FT.; THENCE N69057'45"E, 201.50 FT.; THENCE S80°31'23"E. 94.49 FT.; THENCE S74006' 11"E, 151.33 FT.; THENCE S69°22'24"E, 316.83 FT.; THENCE S69°41'29"E, 592.73 FT.; THENCE S08039'54"E, 91.23 FT.; THENCE S36042'08"E, 60.17 FT.; THENCE S31043'56"E, 170.48 FT.; THENCE S55038'50"E, 181.72 FT.; THENCE S43024'38"E, 291.75 FT.; THENCE S45°51'51"E, 500.87 FT.; THENCE S06044'48"E, 118.25 FT.; THENCE S27022'36"E, 242.60 FT. TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF SAID CHENAL VALLEY DRIVE; THENCE NORTHWESTERLY C:Ny File Documents\V=mes-BOAwpd - 1 ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING: (1) S80°13'43"W, 219.17 FT.; (2) WESTERLY ALONG THE ARC OF A 245.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S86°12'31"W, 51.05 FT.; (3) N87°48'41"W, 276.33 FT.; (4) NORTHWESTERLY ALONG THE ARC OF A 245.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N67041'09"W, 168.60 FT.; (5) N47033'36"W, 653.40 FT.; (6) NORTHWESTERLY ALONG THE ARC OF A 1037.82 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N50031'42"W, 107.49 FT.; (7) N53°29'48"W, 604.27 FT.; (8) NORTHWESTERLY ALONG THE ARC OF A 984.93 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N55°39'26"W, 74.26 FT. AND (9) N57049'04"W, 751.00 FT. TO THE POINT OF BEGINNING, CONTAINING 36.0601 ACRES MORE OR LESS, located in Chenal Valley an Addition to the City of Little Rock. Arkansas (the "Varennes Court Neighborhood"): and WHEREAS. the Varennes 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, as amended, (the "Covenants and Restrictions"): and WHEREAS. Deltic has caused to be incorporated Varennes Court Property Owners Association. Inc. for the purpose of administering the maintenance of the common areas, tracts, certain wastewater related functions, roadways and amenities in the Varennes 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 Varennes Court Neighborhood will be members of Varennes Court Property Owners Association, Inc. as required herein and also members of Chenal Valley Property Owners Association. Inc. as required in the Covenants and Restrictions; and WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter mentioned, be subdivided into building lots, tracts and streets as shown on the plat filed herewith, and that said property be held, owned and conveyed subject to the protective covenants herein contained and in the Covenant and Restrictions, in order to enhance the value of the Varennes 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 by Paul M. White, Registered Land Surveyor dated 5LIpt a 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"). CAMy File Documents\Va mo s-BOA.wpd -2- There are shown on said plat certain easements for drainage 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, B, C, and D, Block 98, Chenal Valley, an addition to the City of Little Rock, Arkansas, and roadways, street lights, drainage facilities and other infrastructures are hereby donated and dedicated by Deltic to the owners, as they may exist from time to time, of lots within the Varennes Court Neighborhood with the right to use these areas for utility, drainage, buffer, park, pedestrian paths or trails, landscaping and aesthetic purposes and the Varennes Court Property Owners Association, Inc. shall maintain such areas and improvements at its sole cost. Additionally, Deltic hereby grants to the public utilities, after receiving written consent from Deltic and Varennes Court Property Owners Association, Inc., the right to use portions of these areas specifically designated by Deltic and the Varennes Court Property Owners Association, Inc. for utility and drainage easements provided such improvements are maintained by said public utilities. No improvements shall be placed on the areas designated as Tracts A, B, C and D, Block 98, other than improvements for those designated purposes, unless first approved by the appropriate agencies of the City of Little Rock, Varennes Court 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 easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "Lots 1-21, Block 98 and Tracts A, B, C and D, Block 98, Chenal Valley, an addition to the City of Little Rock, Arkansas," and any and every deed of conveyance of any lot in the Varennes 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. Additions to Varennes Court Neighborhood. Additional lands of Deltic may become subject to this Bill of Assurance and added to Varennes Court Neighborhood in the following manner: Deltic shall have the right but not the obligation to bring within the Varennes Court Neighborhood additional properties. regardless of whether or not said properties are presently owned by Deltic, as future phases of the Varennes Court Neighborhood, provided that such additions are in accord with the general plan of development for the Varennes Court Neighborhood (the "Varennes Court General Plan") which has been prepared prior to the date of this Bill of Assurance and prior CAMy File Docw"ents\Vvennes-BOA.wpd -3- to the sale of any lot in the Varennes Court Neighborhood and is maintained in the office of Deltic and provided such proposed additions, if made, become subject to assessments of the Varennes Court Property Owners Association, Inc. for their share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Varennes Court General Plan bind Deltic to make the proposed additions or to adhere to the Varennes Court General Plan or any subsequent development plan shown on the Varennes Court General Plan. Nor shall Deltic be precluded from conveying lands in the Varennes Court General Plan not subject to this Bill of Assurance or any supplement free and clear of this Bill of Assurance or any supplement thereto. Any additional phases added to the Varennes Court Neighborhood shall be made by filing of record a supplemental Bill of Assurance with respect to the additional property and shall extend the covenants and restrictions of this Bill of Assurance to said additional property and the owners, including Deltic, of lots in those additions shall immediately be entitled to all rights and privileges provided in this Bill of Assurance. The Supplemental Bill of Assurance may contain such complimentary additions and modifications of the provisions of this Bill of Assurance necessary to reflect the different character, if any, of the added properties as are not inconsistent with the general plan of development or this Bill of Assurance. In no event, however, shall such supplement, revoke, modify or add to the covenants established by this Bill of Assurance as to the property herein described. No entity, other than Deltic, shall have the right to subject additional lands to the Varennes Court Neighborhood unless Deltic shall indicate in writing that such additional lands may be included. 2. Architectural Control. No improvement shall be constructed or maintained upon any lot or tract 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. 3. 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. 4. Common Amenities. The areas designated on the Plat as Tracts A, B, C and D, Block 98, and the roadways within the Varennes Court Neighborhood as designated on the Plat, and all improvements thereon. including but not limited to all streets, walls, lighting, irrigation, gates, gatehouses and landscaped areas shall be maintained by the Varennes Court Property Owners Association, Inc. except for public utility improvements which are maintained by such public utilities. 5. Delegation of Authority. Deltic has caused the formation of the Varennes 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. CAMy F& Documents\Vueiuws-BOA.wpd -4- 6. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance each owner, other than Deltic, of a lot within Varennes 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 Varennes Court Property Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the Varennes Court Neighborhood, in particular for the acquisition, servicing, improvement and maintenance of common amenities and roadways within the Varennes Court Neighborhood, acquisition and maintenance of grinder pumps as required by paragraph 21 hereof and facilities which may be hereafter dedicated for use by Deltic or otherwise acquired by the Varennes Court Property Owners Association. Inc., which amount together with interest, costs of collection and a reasonable attorney's fee, shall be a continuing lien upon the lot. In lieu of assessments being imposed upon such lots owned by Deltic, Deltic shall underwrite all reasonable costs for the operation of Varennes Court Property Owners Association, Inc. not covered by assessments paid by owners of lots other than Deltic until eighty percent (80%) of all lots are owned by persons or entities other than Deltic. Once eighty percent (80%) of all lots are owned by persons or entities other than Deltic, the remaining lots owned by Deltic shall be subject to the same assessments as lots owned by others than Deltic. 7. Height and Type of Residence. The residences in Varennes 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 2 of this Bill of Assurance. No residence shall be erected, altered, placed or permitted to remain on any lot in the Varennes Court Neighborhood other than one detached single-family residence not to exceed two and one-half stories in height. 8. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or the side street line than twenty-five (25) feet. No building shall be located nearer to an interior lot side line than twenty (20) feet. Unless provided for to the contrary on the Plat, no principal dwelling shall be located on any lot nearer than twenty-five (25) feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches not under roofs shall not be considered as a part of the building. Where two or more lots are acquired as a single building site, the site building lines shall refer only to those bordering the adjoining property owner. 9. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in the Varennes Court Neighborhood unless the finished heated living area, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall be equal to or exceed that shown in the following schedule: One Story Multi -Story Lot Number Minimum Sq. Ft. Minimum Sq. Ft. All Lots 4,000 5,000 CAMy Re DOI:URI ntAVOfemicS-BOA.Wpd -5- Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. 10. Frontage of Residence on Streets. Any residence erected on any lot in the Varennes 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 Varennes Court Neighborhood. 12. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant to the residence including, but not limited to tree houses, play houses, and flagpoles, may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Control Committee. 13. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other refuse be thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any site unless placed in a container suitable for garbage pickup; nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. 14. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any building site. 15. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 16. Existing Structure. No existing, erected building, manufactured 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 can be erected on a building site covered by these covenants or at any time be used for human habitation, temporarily or permanently. No structure of a temporary character can be used for human habitation. CAMy File Documents%Vamnnes-BOA.wpd -6- 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. Easement for Golf Cart Traffic. In addition to the easements previously dedicated, an access easement for the residents within the Varennes Court Neighborhood who are members in good standing of Chenal County Club, Inc. and entitled to golfing privileges, is located upon Tracts C and D, Block 98, as shown on the Plat and such easement is hereby dedicated as a private easement for pedestrian and golf traffic for the use of owners of lots in the Varennes Court Neighborhood to be used for access to the adjacent golf course. The easement shall be maintained by the Varennes Court Property Owners Association, Inc. 20. Private Roadways. All roadways within Varennes Court Neighborhood are private access easements for vehicular traffic only for the use of the owners of lots in Varennes Court Neighborhood. An easement is also hereby granted to the public for access to the lots in the case of an emergency created by fire, public safety, or other occurrence necessitating access to a lot by any public utility, fire department, police department or other public agency. Additionally, Deltic hereby grants to the public utilities the right to use these areas for utility and drainage easements provided such public improvements are maintained by said public utilities. Varennes Court Property Owners Association, Inc. shall maintain such private access easement including all private improvements thereon, including but not limited to irrigation, street lights, gated entry and gatehouse. 21. Grinder Pump Stations. Other than on Lots 11 and 12, Block 98, Chenal Valley, an addition to the City of Little Rock, Arkansas, installation of Grinder Pump Stations that comply with any applicable regulations and specifications of the Arkansas State Board of Health and Little Rock Wastewater Utility will be required of the owner as part of the construction of any single family residence on the real property the subject of this Bill of Assurance. Grinder Pump Stations shall be Environment One 2000 Series Pump Station, as shown on the construction plans prepared by White- Daters and Associates and approved by the Little Rock Wastewater Utility. All aspects regarding installation shall be subject to inspection and approval of White-Daters, the Architectural Control Committee and Little Rock Wastewater Utility. All construction methods shall conform to the manufacturer's requirements and recommendations. Varennes Court Property Owners Association, at its sole cost, shall be responsible for the maintenance of all installed Grinder Pump Stations and the costs of any future replacement or substitution thereof. The Varennes Court Property Owners Association shall maintain on hand CAMy He Doeuments\Veretutes-BOA,.rd -7- for immediate use at least 10% of the total installed grinder pump core units. Two grinder pump cores shall be in possession of the Varennes Court Property Owners Association, Inc. when the first pump station is installed. Two additional pump cores shall be acquired by Varennes Court Property Owners Association, Inc. (total of four) when 10 pump stations have been installed. The Varennes Court Property Owners Association, Inc. shall have the right to enter upon any Lot to maintain, repair or replace any grinder pump station and/or pressure a sewer line or other appurtenances. 22. Fences. No fences, enclosure of part of any building of any type or nature whatsoever shall ever be constructed, erected. placed or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot, provided, however, that chain link or similar fences are in all events strictly prohibited and shall not be used under any circumstances; provided, further, that it is not the intentions of this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard. Fencing of any type must be approved by the Architectural Control Committee as provided in paragraph 2 hereof. 23. Sight Line Restrictions. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways, shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points fifty (50) feet from the intersection of the street lines, or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points fifty (50) feet from their intersection. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a height of at least eight (8) feet to prevent obstruction of such sight lines. The same sight line limitations shall apply on any lot within ten feet of the intersection of the street property line with the edge of a driveway or alley pavement. 24. ProQerty 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. 25. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 26. Subdividing Lot. No lot shall be subdivided. 27. Assumption of Risk. By acceptance of a deed or other conveyance of property, each owner of a Lot assumes all risk for damages to persons or property arising from errantly struck golf balls by members and guests of the Chenal Country Club, Inc., and accepts title to such lot with knowledge of the possibility of errantly struck golf balls striking the lot and/or persons and improvements located thereon. CAMy F& Documents\Vanes-BOA.wN -8- 28. 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 (for so long as Deltic owns lots within Varennes Court Neighborhood but not thereafter), the Varennes Court Property Owners Association, Inc. and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure by owner or owners of any lot or lots in this addition to observe any of the restrictions herein. Any delay in bringing such action shall in no event, be deemed to be a waiver of the right to do so thereafter. 29. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged by owner or owners of more than seventy-five percent (75%) in area of the total land contained within the Varennes Court Neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2035 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 Varennes Court Neighborhood has been recorded prior to the commencement of any ten-year period. 30. Attorney Fee. In any legal or equitable proceeding for damages or for the enforcement of or to restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the prevailing party or parties shall be entitled to attorney fees in such amount as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 31. 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. 32. 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. CAMy He Docwiwnls\Vucnnes-BOA.wpd -9- 33. Severabi!Lty. Invalidation of any restriction set forth herein or any part thereof by any order, judgment or decree of any court or otherwise, shall riot 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. -L EXECUTED this day of Tv `y 2005. DELTIC TIMBER CORPORATION By: G f Ray C Dillon, President Attest: V t:� MIA., �?O� W. Bayless we, Secretary Reviewed only for inclusion of minimum standards required by the City of Little Rock subdivision regulations. Bill of Assurance previsions established by th^ developer may exceed minimum regulations of t` o Rode subdivision and zoning ordinance:,. City the Rock Planning Commission CAMy File Documents\Verewws-BOA.wpd —10— 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 Ray C. Dillon and W. Bayless Rowe being the President and Secretary, respectively, of DELTIC TIMBER CORPORATION and who had been designated by said DELTIC TIMBER CORPORATION to execute the above instrument, to me personally well known, who stated they were the President and Secretary of said DELTIC TIMBER CORPORATION and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said DELTIC TD BER CORPORATION, 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 day of 2005. "NOTARY SEAL" Lana Cobb, Notary Public Union County, State of Arkansas My Commission Expires 3/01/12 My Commission Expires: a CAMy He Docwwnts\Verennes-BOAwpd -1 1- I 110 Notary Public DELTIC TRABER PURCHASERS, INC. By: Ray C. D' Ion, President Attest: LVI W. Bayless Yowe, 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 Ray C. Dillon and W. Bayless Rowe 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 TIN[BER 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 a&t ay of , 2005. "NOTARY SEAL" Lana Cobb, Notary Public Union County, State of Arkansas My Commission Expires 3/01/12 NOTARY PUBLIC My commission expires: �l CAMysue Docun=uWarBOk-Td -12- City of Little Rock Planning and Development Filing Fees Date: iw , 20D Annexation- �, o Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit-Dev. $ Preliminary Plat $ Special Use Permit $ - Rezoning Site Plans Street Name Change Street Name Signs Nurnber_L at ea. Public Hearing Signs Number at ea. Total $ $ 05-,do $ 1919�6 File No. Location 'Y- Appliea at , By `