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HomeMy WebLinkAboutS-0867-CCCCCCCC ApplicationCIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: CHENAL VALLEY — MIRABEL COURT INSPECTOR REPORT I have made a final inspection of the improvements and find that: IZ All improvements shown on construction drawings for the development are constructed and in conformance f with City requirements/standards. Certain _Improvements remain uncompleted and a punch list has been prepared and sent. V�--✓ w Engineering Specialist Pate: , H- cC-P&Y Su-r-ra---1 BY .r . *--j ADDRESSING SPECIALIST REINQ I have reviewed the plat and find that the street names and street configuration are acceptable. ----J`"'' Addressing Specialist Date: lei I15t.r 'L G ,_1.v NAY BY TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvements have been constructed and are in f conformance with City requirements/standards. street signs should be ordered and billed to developer. Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been prepared and sent. Approved engineering drawings for streetlight system have been received and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. l ��•-- �`- �— Traffic Engineer Date: PCZIL G e t , M �u P 6Y CIVIL ENGINEER REPORT I have iewed 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. As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. Civil Engineer 1/II SURVEYOR REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. 6Z-14" L Surveyor ov MANAGER APPROVAL All ivil Engineering requirements for filing this final plat have been satisfied. Date: /D 12,,1 1 Design Review Engineer/Civil Engineering Manager F tTective: October 20 . 2015 Date: ��I� J;_ Yw' •Yat Pill OF LOTS 1 24, BLOCK 10.5 IOT.S I to, BLOCK 1Ofi TRACTS A-R C n O BLOCK 105 TRACT F BLOCK 106 CHENAL VALLEY .AN ADDITION TO THE. CITY OF LITTLE ROCK, ARKANSAS T. be An— - -MIR WL COLRT' OC/NO YAP.i OT TRC A'YI'. .SFCTIOR 27 T 2 .Y. R 11 -Y PI;U:'AT COUNTY. MANUS OCTOMT. 1013 yy��nNITF0:17 4 ,RAl7C'817 T5C. James, Donna From: Timothy Daters <tdaters@whitedaters.com> Sent: Wednesday, October 14, 2015 8:38 AM To: Tamara Guffey; Vincent Hotho Steven.Hotho@Irwu.com; Jason Lowder (Jason.Lowder@carkw.com); THOMPSON, THEODIS; Bates, Joni B.; 'MANION, JOSEPH E jm4138@att.com' Cc: James, Donna; Floriani, Vince; Harper, Vance; Daniel Havner Subject: Final Plat - Chenal Valley Phase 27-B - Mirabel Attachments: Final Plat CV 27B.PDF Attached for your review and approval is the final plat copy of Lots 1-24, Block 105 and Lots 1-10, Block 106, Chenal Valley, an addition to the City of Little Rock. The owner of this property would like to file the plat by Tuesday, September 20th, 2015. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Dan Havner at dhavnerCc-)whitedaters.com or 821-1667. We appreciate your timely response. Thank you for your assistance. Timothy E Daters, PE President White-Daters & Associates 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 M: (501) 580-5694 E: rdaters@whitedaters.eom Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 Tamara Guffey From: Jason Lowder <Jason.Lowder@carkw.com> Sent: Tuesday, October 20, 2015 9:32 AM To: Tamara Guffey Subject: Final Plat - Chenal Valley Phase 27-B - Mirabel Attachments: Final Plat CV 27B.PDF CAW Approves with no comments. Thank You Jason Lowder, Engineering Technician jason.lowder@carkw.com 501-377-1245 Tamara Guffey From: Timothy Daters Sent: Monday, October 19, 2015 6:28 PM To: 'Dave Meghreblian (dave_meghreblian@deltic.com)'; Tom Russell (tom_russell@deltic.com); Tamara Guffey Subject: FW: Chenal Valley Ph27B All but CAW. Will follow up first thing in the AM. Tim Timothy E Daters, PE President White-Daters & Associates 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 M: (501) 580-5694 E: tdaters@,,whitedaters.corn From: Monroe, Justin K[ma ilto:justin.monroe @centerpointenergy.com] Sent: Monday, October 19, 2015 4:48 PM To: Timothy Daters <tdaters@whitedaters.com> Subject: Chenal Valley Ph2713 Tim, We have no conflicts with the plat submitted. I routed this job back in May and it has been approved on our side to lay gas main that follows the water main line ditch once construction starts. Sorry about the lack of communication. Please let me know if you need any additional help. Thanks, Justin Monroe Engineer I Southern Gas Operations I Arkansas/Oklahoma Region 401 W. Capitol Ave, Suite 600 I Little Rock, AR 72201 Direct: 501-3 7 7-4737 I Mobile: 501-519-8884 iurtin.monrot(Wcenterpain-kt mmer*y Lmm Cente"nt &ergy Tamara Guffey From: Timothy Daters Sent: Tuesday, October 20, 2015 5:45 AM To: Tamara Guffey Subject: FW: Final Plat - Chenal Valley Phase 27-B - Mirabel Timothy E Daters, PE President White-Daters & Associates 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 M: (501) 580-5694 E: tdaters(ia whitedaters.com From: THOMPSON, THEODIS [mailto:TTHOMPI@entergy.com] Sent: Wednesday, October 14, 2015 8:55 AM To: Timothy Daters <tdaters@whitedaters.com> Subject: RE: Final Plat - Chenal Valley Phase 27-B - Mirabel The above referenced plat OK as submitted. Theodis Thompson Entergy Arkansas, Inc From: Timothy Daters [mailto:tdaters bwhitedaters.com] Sent: Wednesday, October 14, 2015 8:38 AM To: Tamara Guffey; Vincent Hotho Steven.Hotho@lrwu.com; Jason Lowder (Jason.Lowder@carkw.com); THOMPSON, THEODIS; Bates, Joni B.; 'MANION, JOSEPH E jm4138@att.com' Cc: James, Donna; Floriani, Vince; Harper, Vance; Daniel Havner Subject: Final Plat - Chenal Valley Phase 27-B - Mirabel EXTERNAL SENDER. DO NOT click links if sender is unknown. DO NOT provide your user ID or password. Attached for your review and approval is the final plat copy of Lots 1-24, Block 105 and Lots 1-10, Block 106, Chenal Valley, an addition to the City of Little Rock. The owner of this property would like to file the plat by Tuesday, September 20th, 2015. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Dan Havner at dhavner(aD_whitedaters.com or 821-1667. We appreciate your timely response. Tamara Guffey From: Sent: To: Subject: Timothy E Daters, PE President White-Daters & Associates 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 M: (501) 580-5694 E: tdaters ci whitedaters.com Timothy Daters Tuesday, October 20, 2015 5:45 AM Tamara Guffey FW: Final Plat - Chenal Valley Phase 27-B - Mirabel From: MANION, JOSEPH E [mailto:jm4138@att.com] Sent: Monday, October 19, 2015 9:06 AM To: Timothy Daters <tdaters@whitedaters.com> Cc: BURNETT, KIMBERLY R <KL2164@att.com> Subject: RE: Final Plat - Chenal Valley Phase 27-B - Mirabel AT&T approves of this plat. From: Timothy Daters [mailto:tdaters@whitedaters.com] Sent: Wednesday, October 14, 2015 8:38 AM To: Tamara Guffey <tguffey@whitedaters.com>; Vincent Hotho Steven.Hotho@lrwu.com <Steven.Hotho@irwu.com>; Jason Lowder (lason.Lowder@carkw_com) <Jason.Lowder@carkw.com>; THOMPSON, THEODIS <TTHOMPI@entergv.com>; Bates, Joni B. <ioni.bates@centerpointenergy.com>; MANION, JOSEPH E <jm4138 att.com> Cc: James, Donna <DJames@littlerock.org>; Floriani, Vince <VFloriani@littlerack.or,8>; Harper, Vance <VHar er littlerock.or >; Daniel Havner <dhavner@whitedaters.com> Subject: Final Plat - Chenal Valley Phase 27-B - Mirabel Attached for your review and approval is the final plat copy of Lots 1-24, Block 105 and Lots 1-10, Block 106, Chenal Valley, an addition to the City of Little Rock. The owner of this property would like to file the plat by Tuesday, September 20th, 2015. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Dan Havner at dhavnerCcDwhitedaters.com or 821-1667. We appreciate your timely response. Thank you for your assistance. Tamara Guffey From: Vincent Hotho <Steven.Hotho@lrwu.com> Sent: Monday, October 19, 2015 1:48 PM To: Tamara Guffey Cc: Timothy Daters; 'James, Donna' Subject: RE: Chenal Valley Phase 27B Tamara, We got the plat/as-builts reviewed this morning. It looks good. LRW has no objection to filing the plat. S. Vincent Hotho, P.E. Engineering Supervisor Little Rock Wastewater Utility Ofc: 501.688.1452 M bl: 501.442.6042 From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Monday, October 19, 2015 1:40 PM To: Vincent Hotho <Steven.Hotho@Irwu.com> Cc: Timothy Daters <tdate rs@whitedaters.com> Subject: FW: Chenal Valley Phase 27B Vince, Checking again on the Sewer Easement attached as well as the final plat approval on Chenal Valley, Phase 27B. Any word on these? Thank you. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Tamara Guffey Sent: Monday, October 12, 2015 9:52 AM To: Vincent Hotho Steven.Hotho@lrwu.com <Steven.Hotho @lrwu.com> Cc: Timothy Daters <tdaters whitedaters.com> Subject: Chenal Valley Phase 27B Tim Daters asked me to following up with you on the Sanitary Sewer Easement he emailed to you last week on Chenal Valley, Phase 27B. Has it been approved? Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle 1 I II IIII�I�I�III�IIIIiIIII III III 2015065798 PRESENTED: 10-20-2015 02:57.53 PM RECORDED, 10-20-2015 03:05:52 PM In Official Records of Larry Crane Circuit/County Clerk PULASKI CO, AR FEE $75.00 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, DELTIC TIMBER CORPORATION, a Delaware corporation (hereinafter called "Deltic"), is the owner of the following property: PART OF THE NW1/4 OF SECTION 27, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT A, BLOCK 98, CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, SAID CORNER LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF CHENAL VALLEY DRIVE; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING: (1) N57°49'04"W, 17.89 FT.; (2) NORTHERLY ALONG THE ARC OF A 542.96 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N46°37'13"W, 210.87 FT.; (3) N35°25'23 "W, 561.70 FT. AND (4) NORTHERLY ALONG THE ARC OF A 542.96 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N28045'23 "W, 124.89 FT.; THENCE N49°54'55"E, 204.21 FT. TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MIRAMONT BLVD.; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING: (1) EASTERLY ALONG THE ARC OF A 325.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N75°20'06"E, 288.90 FT.; (2) N48056'47"E, 99.64 FT.; (3) EASTERLY ALONG THE ARC OF A 225.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N71 ° 11'51 "E, 170.40 FT. AND (4) S86°33'04"E, 41.12 FT.; THENCE NO3°26'56"E, 100.37 FT.; THENCE EASTERLY ALONG A 475.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N86004'20"E, 84.72 FT.; THENCE S09°02'40"E, 111.90 FT.; THENCE S41 °03'51 "E, 214.66 FT.; THENCE S28°22'32"E, 240.70 FT.; THENCE S07°41'30"E, 41.52 FT.; THENCE SO1 048' 17"E, 46.67 FT.; THENCE S04004'56"W, 75.39 FT.; THENCE S13°30'28"W, 215.18 FT. TO THE NORTHEASTERLY CORNER OF LOT 12, BLOCK 98, C14ENAL VALLEY; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID BLOCK 98 THE FOLLOWING: (1) N80°31'23"W, 94.49 FT.; (2) S69°57'45"W, 201.50 FT. AND (3) S38°34'19"W, 307.32 FT. TO THE POINT OF BEGINNING, 1 Prepared by: Friday, Eldredge & Clark 400 W. Capitol Avenue Little Rock, AR 72201 CONTAINING 15.9603 ACRES MORE OR LESS. Chenal Valley an Addition to the City of Little Rock, Arkansas (the "Mirabel Court Neighborhood"); and WHEREAS, the Mirabel 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 (i) Mirabel Court Property Owners Association, Inc. for the purpose of administering the maintenance of the common area and amenities in the Mirabel Court Neighborhood and (ii) 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 Mirabel Court Neighborhood are required to be members of the Mirabel 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 and in the Covenant and Restrictions in order to enhance the value of the Mirabel 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 Daniel Havner, Registered Land Surveyor dated 9,01 Cr�5ici I , 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 and right of way reflected on said Plat to be used as public streets. In addition to the said streets, there are certain easements for utilities as reflected more particularly on the Plat which Deltic hereby donates and dedicates to and for the use of public utilities ("Public Utilities") in accordance with further terms and conditions of this Bill of Assurance, 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. 2 The use of the areas designated on the Plat as Tracts A and B, Block 105, and Tract D, Block 106, Chenal Valley, an addition to the City of Little Rock, Arkansas, are hereby donated and dedicated by Deltic to the owners, as they may exist from time to time, of lots within the Mirabel Court Neighborhood with the right, subject to further terms and conditions ofthe Plat and this Bill of Assurance, to use these areas for utility, drainage, pedestrian paths, trails and landscaping, including storm drainage overflow easement over Tract D, Block 106, and the Mirabel Court Property Owners Association, Inc., to the extent the City of Little Rock, Arkansas is not responsible, shall maintain such areas and improvements at its sole cost. ADDITIONALLY, DELTIC HEREBY GRANTS TO THE PUBLIC UTILITIES, AFTER RECEIVING WRITTEN CONSENT FROM DELTIC, ARCHITECTURAL CONTROL COMMITTEE ESTABLISHED PURSUANT TO THE COVENANTS AND RESTRICTIONS AND BY-LAWS OF CHENAL VALLEY PROPERTY OWNERS ASSOCIATION, INC. (THE "ARCHITECTURAL CONTROL COMMITTEE") AND MIRABEL COURT PROPERTY OWNERS ASSOCIATION, THE NONEXCLUSIVE RIGHT TO USE THOSE SPECIFIC LOCATIONS WITHIN SAID TRACTS SPECIFICALLY DESIGNATED, IDENTIFIED AND APPROVED BY DELTIC AND MIRABEL COURT PROPERTY OWNERS ASSOCIATION, INC. FOR UTILITY EASEMENTS PROVIDED SUCH IMPROVEMENTS ARE MAINTAINED BY SAID PUBLIC UTILITIES AND ARE IN COMPLIANCE WITH THE PLAT AND THIS BILL OF ASSURANCE. No improvements by any party shall be placed on the areas designated as Tracts A and B, Block 105, and Tract D, Block 106, Chenal Valley, an addition to the City of Little Rock, Arkansas, unless first approved by Deltic, the appropriate agencies ofthe City of Little Rock, Mirabel Court Property Owners Association, Inc. and the Architectural Control Committee. The use of the areas designated on the Plat as Tract C, Block 105, Chenal Valley, an addition to the City of Little Rock, Arkansas, are hereby donated and dedicated by Deltic to the owners, as they may exist from time to time, of lots within the Mirabel Court Neighborhood with the right, subject to further terms and conditions of the Plat and this Bill of Assurance, to use these areas for utility, drainage, pedestrian paths, trails, golf cart paths, landscaping and emergency access to the Mirabel Court Neighborhood, and the Mirabel Court Property Owners Association, Inc., to the extent the City of Little Rock, Arkansas is not responsible, shall maintain such areas and improvements at its sole cost. ADDITIONALLY, DELTIC HEREBY GRANTS TO THE PUBLIC UTILITIES, AFTER RECEIVING WRITTEN CONSENT FROM DELTIC, ARCHITECTURAL CONTROL COMMITTEE ESTABLISHED PURSUANT TO THE COVENANTS AND RESTRICTIONS AND BY-LAWS OF CHENAL VALLEY PROPERTY OWNERS ASSOCIATION, INC. (THE "ARCHITECTURAL CONTROL COMMITTEE") AND MIRABEL COURT PROPERTY OWNERS ASSOCIATION, THE NONEXCLUSIVE RIGHT TO USE THOSE SPECIFIC LOCATIONS WITHIN SAID TRACT SPECIFICALLY DESIGNATED, IDENTIFIED AND APPROVED BY DELTIC AND MIRABEL COURT PROPERTY OWNERS ASSOCIATION, INC. FOR UTILITY EASEMENTS PROVIDED SUCH IMPROVEMENTS ARE MAINTAINED BY SAID PUBLIC UTILITIES AND ARE IN COMPLIANCE WITH THE PLAT AND THIS BILL OF ASSURANCE. No improvements by any party shall be placed on the areas designated as Tract C, Block 105, Chenal Valley, an addition to the City of Little Rock, Arkansas, unless first approved by Deltic, the appropriate agencies of the City of Little Rock, Mirabel Court Property Owners Association, Inc. and the Architectural Control Committee. PRIOR TO THE COMMENCEMENT OF ANY INSTALLATION OF UTILITIES WITHIN THE UTILITY EASEMENTS REFLECTED ON THE PLAT OR WITHIN TRACTS A, B AND C, BLOCK 105, OR TRACT D, BLOCK 106, CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, THE PUBLIC UTILITIES MUST SUBMIT WRITTEN PLANS AND SPECIFICATIONS OF THE PROPOSED IMPROVEMENTS TO THE ARCHITECTURAL CONTROL COMMITTEE FOR REVIEW AND APPROVAL. ALL UTILITIES TO BE INSTALLED BY PUBLIC UTILITIES AFTER PLATTING OF THE RIGHTS -OF -WAY MUST BE APPROVED PRIOR TO COMMENCEMENT OF CONSTRUCTION BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF LITTLE ROCK AND IF SUBSEQUENTLY INSTALLED IN THE RIGHTS -OF -WAY OR IN ANY EASEMENT ADJACENT TO THE RIGHTS -OF -WAY SUCH INSTALLATION MUST BE AT A DEPTH OF AT LEAST 30" BELOW THE ELEVATION OF THE ADJACENT STREET. DEVELOPER, ITS SUCCESSORS OR ASSIGNS, HAS NO DUTY TO MAINTAIN, REPAIR OR REPLACE ANY IMPROVEMENTS LOCATED WITHIN THE TRACTS, INCLUDING, BUT NOT LIMITED TO, PEDESTRIAN PATHS, GOLF CART PATHS, PARKS, EMERGENCY ACCESS EASEMENTS OR WITHIN OTHER EASEMENT AREAS REFLECTED ON THE PLAT. ALL COSTS ASSOCIATED WITH ANY SUCH MAINTENANCE, REPAIR OR REPLACEMENT OF SUCH IMPROVEMENTS, AND ALL LANDSCAPING TREATMENTS, IS THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE ASSOCIATION, TO THE EXTENT SUCH COSTS ARE NOT A RESPONSIBILITY OF THE CITY OF LITTLE ROCK, ARKANSAS. 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 - 24, Block 105, Lots 1 - 10, Block 106, and Tracts A, B and C, Block 105, and Tract D, Block 106, Chenal Valley, an addition to the City of Little Rock, Arkansas", and any and every deed of conveyance of any lot in the Mirabel 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 Mirabel Court Neighborhood. Additional lands of Deltic may become subject to this Bill of Assurance and added to Mirabel Court Neighborhood in the following manner: Deltic shall have the right but not the obligation to bring within the Mirabel Court Neighborhood additional properties, regardless of whether or not said properties are presently owned by Deltic, as 4 future phases of the Mirabel Court Neighborhood, provided that such additions are in accord with the general plan of development for the Mirabel Court Neighborhood (the "Mirabel Court General Plan") which has been prepared prior to the date of this Bill of Assurance and prior to the sale of any lot in the Mirabel Court Neighborhood and is maintained in the office of Deltic and provided such proposed additions, if made, become subject to assessments of the Mirabel Court Property Owners Association, Inc. for their share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Mirabel Court General Plan bind Deltic to make the proposed additions or to adhere to the Mirabel Court General Plan or any subsequent development plan shown on the Mirabel Court General Plan. Nor shall Deltic be precluded from conveying lands in the Mirabel 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 Mirabel Court Neighborhood shall be made by filing of record a Supplemental Bill ofAssurance 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 complementary 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 plan of 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 Mirabel Court Neighborhood unless Deltic shall indicate in writing that such additional lands may be included. 2. Architectural Control. No improvements shall be constructed or maintained upon any lot or Tract and no alteration or repainting to the exterior of any improvement, including, but not limited to, walls, retaining walls and swimming pools, shall be made and no landscaping performed unless approved by the Architectural Control Committee as provided for in the Covenants and Restrictions and this Bill of Assurance. 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 and C, Block 105, and Tract D, Block 106, and all improvements thereon, including but not limited to, any walls, lighting, drainage, irrigation, golf cart paths, emergency access drives and landscaped areas shall be maintained by the Mirabel Court Property Owners Association, Inc., to the extent they are not the responsibility of the City of Little Rock, Arkansas and except for public utility improvements which are maintained by such public utilities. 5. Delegation of Authority. Deltic has caused the formation of the Mirabel 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. 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 Mirabel Court Neighborhood shall be deemed to covenant and agree to be a member of Mirabel Court Property Owners Association, Inc. and to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Mirabel Court Property Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the Mirabel Court Neighborhood, in particular for the acquisition, servicing, improvement and maintenance of the Tracts, common properties, common area, common amenities and drainage easements within the Mirabel Court Neighborhood and facilities which may be hereafter dedicated for use by Deltic or otherwise acquired by the Mirabel 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 Mirabel Court Property Owners Association, Inc. not covered by assessments paid by owners of non -Deltic lots 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 at the next annual assessment to the same assessments as non -Deltic lots. 7. Height and Type of Residence. The residences in Mirabel 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 Mirabel Court Neighborhood other than one detached single-family residence not to exceed two stories in height unless the Architectural Control Committee has approved in writing a residence of a greater 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, 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 eight (8) feet. 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 roof shall not be considered as a part of the building. Where two or more lots are acquired as a single building site, the side building lines shall refer only to those bordering the adjoining property owner. 9. Vehicular Access to Lot_1, Block 105. THERE SHALL BE NO VEHICULAR ACCESS TO THE STREET DESIGNATED AS MIRABEL COURT ON THE PLAT FROM THE R WESTERN BOUNDARY OF LOT 1, BLOCK 105. THIS PARTICULAR LOT SHALL ONLY HAVE VEHICULAR ACCESS TO MIRABEL COURT FROM THE SOUTHERN BOUNDARY OF LOT 1, BLOCK 105. 10. Easement for Golf Cart Traffic. In addition to the easements previously dedicated, an access easement for the residents within the Mirabel Court Neighborhood who are members in good standing of Chenal Country Club, Inc. and entitled to golfing privileges is located upon Tract C, Block 105, 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 Mirabel Court Neighborhood to be used for access to the adjacent golf course. The easement shall be maintained by the Mirabel Court Property Owners Association, Inc. 11. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in the Mirabel Court Neighborhood unless the finished heated living area, exclusive of porches, patios, garages, breeze ways, exterior stairways, porte cocheres, storage areas and outbuildings, shall equal to or exceed that shown in the following schedule: One Story Multi -Story Lot Number Minimum Sq. Ft. Minimum Sq. Ft. All Lots 2,200 2,600 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. 12. Frontage of Residence on Streets. Any residence erected on any lot in the Mirabel 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. 13. 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 Mirabel Court Neighborhood. 14. 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. 15. 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 7 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. 16. 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. 17. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 18. Existing Structure. No existing, erected building, manufactured home, mobile home or structure of any sort may be moved onto or placed on any of the above -described lots. 19. Temporary Structure. No trailer, basement, tower, 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. 20. Easements for Public Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utility services, sewer, drainage and storm drainage overflow 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 type, width and location thereof. Except as otherwise provided herein, no trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility, drainage or storm drainage overflow 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. The Owner of a lot is solely responsible for the existing drainage course across his lot. The Mirabel Court Property Owners Association, Inc. is only responsible for maintenance and replacement of drainage equipment and facilities existing within the easements granted herein and described on the Plat that are not the responsibility of the City of Little Rock, and has no responsibility for the maintenance and repair of any drainage course or equipment located upon those areas of the lot outside the easement. 21. Fences Flag Poles Tree Houses. No fences or other 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. No flagpoles or tree houses may be erected or installed on any lot. 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 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. 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 gutter line not more than two inches above the gutter grade. 25. Subdividing Lot. No lot shall be subdivided. 26. Right to Enforce. The restrictions herein set forth as well as those contained within the Covenant and Restrictions 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 their respective 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 Mirabel Court Neighborhood but not thereafter), the Mirabel 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. 2 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 owner or owners of more than seventy-five percent (75%), as it may exist at such time, including additions made hereto pursuant to Paragraph 1 hereof, of the total lots within the Mirabel Court Neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2045, 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 Mirabel 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 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. 29. Oil, Gas and Other Minerals. Deltic Timber Purchasers, Inc., a wholly owned subsidiary of Deltic, 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, 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. 10 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 _\q__ day of QL�p1per , 2015. Attest: z4a� ]' F. An re s, Jr., Secr ary DELTIC THVMER CORPORATION By: Z6�-ee - - Ray C. Y11lon, President (Wand 61y tar Indusion of mr it tmum &M-4 ;ds mqVwW ay the City of Ma Rock suhdi'ttsion r tie am of Assurance provisiors mtablish�i by !hd develaW. may excxd min!mu;n rsg{.rlall, orn cfIN U Rock subdviwn and zoning otdinanw,,�. 11 City of-{ fWa Dock PtanniM Commission 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 Jim F. Andrews, Jr., to me well known, who stated they were the President and Secretary, respectively, of DELTIC TIMBER CORPORATION and were designated and duly authorized in their respective capacities by said DELTIC TIMBER CORPORATION to execute the foregoing instrument for and in the name and behalf of said DELTIC TIMBER 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 PG day of La-\-0\p,—M 2015. My Commission Expires: 12 BMY GAIIQVIQ.L MumeooNTY CODWSS[ON M 12M7" NOTARY PU KJC-ARKANSAS MY COMM1MON WMES FEBRUARY A 2QZ DELTIC TIMBER PURCHASERS, INC. By: /�- Ray C16 illon, President Attest: 44,ieW ;YJr., Secret ACKNOWLEDGMENT `fr?t" t, OF ARKANSAS COLiNTY 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 Jim F. Andrews, Jr., to me well known, who stated they were the President and Secretary, respectively, of DELTIC TIMBER PURCHASERS, INC. and were designated and duly authorized in their respective capacities by said DELTIC TIMBER PURCHASERS, INC. 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. TESTIMONY WHEREOF, I have hereunto set my hand and seal thisR day of 2015. My commission expires: • BETTY GAMMILL SALINE COUM CONNS ON # 12M?" NOTARY M MGARMMM MY C06ffIfJSS1[11V 9XP= FEft1-RY -- 13 City of Little Rock Planning and Development Filing Fees Date / , 201!c— Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ Final Plat $ Planned Unit Dev $ Preliminaiy Plat $ Special Use Permit • U Rezoning $_ _OCT 2 ® 2015 Site Plans 1 i7i'Y - �L.iSJR OC�rK Street Name Change r�� $ BUILDING COM Street Nam Signs Number . at'JIIJ' ea Public Hearing Signs Number at ea $ . Total File No Location Applicant; i By