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Home My WebLink AboutS-0867-SSSSSSSSS ApplicationCity of Little Rock Planning and Development Filing Fees _, f DateZ6, 20 �1 Annexation $ Board of Adjustment $ Cond Use Permit/ T UP $ Final Plat $ f? • c Planned Unit Dev $ Preliminary Plat $ Special Use Permit Rezoning Bin Site Plans JUL $ : PAID Street Name Change CITY OF bTTLr:Etor.K Street Name Signs BUILDING CODE Number at ea $ Public Hearing Signs Number at ea $ Total $^ ®o7 File No Location (-i _ - PA�- l - Applicant A-:�`C5 By ? [" r9-i 27. 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. 28. 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. nol EXECUTED this 2 day of ��/ , 2021. POTLATCHDELTIC REAL ESTATE, LLC By: David Meghreblian, Vic resident ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named David Meghreblian, to me well known, who stated he was the Vice President of POTLATCHDELTIC REAL ESTATE, LLC, and was designated and duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said POTLATCHDELTIC REAL ESTATE, LLC, and further stated and acknowledged that he had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this -c—),4 day of �4r 52021. Notary Public My Commission Expires: BETTY CAMMILL SALINE COVNTY COMMISSION# 12385799 NOTARY PUBLIC-ARKA1V5A5 MY COMMISSION EItPIRES FEBRUARY 22, 2022 PdVkM%d miy for k%kMIon of minimum standards IgUW d by tts>? City of little Rock subdivision regulatiom 10 Bill ofAmanae provisions established by thq 13826.0005/8559922 40VOlOWMY exceed minimu:N regulations of fhe LUS Rack subdtr+sion and zoning ordinaltces. Ing Gcmmisslon l 61* 4- a C4,10, zf 7�36 Pat -D /- <V(A J-),G Prepared by: Friday, Eldredge & Clark 400 W. Capitol, Suite 2000 Little Rock, AR 72201 11111111111111111111111111111111111111 2021047835 PRESENTED: 07-09-202110:38:55 AM RECORDED: 07-09-202110:46:39 AM In Official Records of Terri Hollingsworth Circuit/County Clerk PULASKI CO, AR FEE $60.00 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: �yy,uuai7rq� ,..'•tN� c1RPC�fr•,,� ``'"��_ COUNT THAT, WHEREAS, POTLATCHDELTIC REAL ESTATE, LLC (hereinafter called "PotlatchDeltic"), is the owner of the following property: PART OF THE S1l2 OF SECTION 16, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERNMOST CORNER OF TRACT A, BLOCK 73, CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, SAID POINT LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF CHALAMONT DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING COURSES: (1) ALONG THE ARC OF A 507.47 FOOT RADIUS CURVE TO THE LEFT, HAVING A CHORD BEARING AND DISTANCE OF S65040'57"E, 381.09 FEET; (2) S87°44'11 "E, 182.40 FEET; (3) ALONG THE ARC OF A 447.47 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CHORD BEARING AND DISTANCE OF S73' 19'49"E, 222.66 FEET; (4) S58°55'26"E, 210.73 FEET; (5) ALONG THE ARC OF A 507.47 FOOT CURVE TO THE LEFT, HAVING A CHORD BEARING AND DISTANCE OF S64015'32"E, 94.37 FEET TO THE NORTHWESTERLY CORNER OF TRACT E, BLOCK 61, CHENAL VALLEY ADDITION; THENCE ALONG THE WESTERLY LINE OF SAID BLOCK 61 THE FOLLOWING COURSES: (1) S20°24'21 "W, 148.79 FEET; (2) S01 °31'29"W, 102.39 FEET; (3) S37-40'57"E, 179.62 FEET; (4) S44039'03"E, 162.16 FEET; (5) S55039'45"E, 81.07 FEET; (6) S12'52'38"W, 49.54 FEET; (7) S60°45'41 "W, 220.52 FEET; (8) S 16°28'22"W, 266.28 FEET; THENCE LEAVING SAID WESTERLY LINE OF BLOCK 61 S75051'21 "W, A DISTANCE OF 475.54 FEET; THENCE N77026'18"W, A DISTANCE OF 551.01 FEET TO THE SOUTHEAST CORNER OF LOT 59, BLOCK 73, CHENAL VALLEY ADDITION; THENCE ALONG THE EASTERLY LINE OF SAID BLOCK 73 THE FOLLOWING COURSES: (1) N07'53'39"E, 76.32 FEET; (2) N00'01'09"W, 172.86 FEET; (3) N26° 10'36"W, 138.27 FEET; (4) N31 °50' 17"W, 140.87 FEET; (5) N21 °57' 14"E, 150.65 FEET; (6) N270 16'09"E, 160.00 FEET; (7) N 1 1 °20'35"E, 83.19 FEET; (8) N37°42'49"E, 138.27 13926.000518559922 FEET; (9) N13°09'48"W, 131.28 FEET; (10) N42°07'38"W, 204.59 FEET; (11) N47"52'22"E, 128.00 FEET TO THE POINT OF BEGINNING. CONTAINING 29.9832 ACRES, MORE OR LESS. Chenal Valley an Addition to the City of Little Rock, Arkansas (the "Corlay Court Neighborhood"); and WHEREAS, the Corlay 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, PotlatchDeltic has caused to be incorporated (1) Corlay Court Property Owners Association, Inc. for the purpose of administering the maintenance of the common area and amenities in the Corlay 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 Corlay Court Neighborhood are required to be members of the Corlay 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 Corlay Court Neighborhood. NOW THEREFORE, PotlatchDeltic, 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 p t awing a survey made by Marion Scott Faster, Registered Land Surveyor dated 4 and bearing a Certificate of Approval executed by the Department of omprehensive 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"). PotlatchDeltic 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 PotlatchDeltic 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, telecommunications, water, drainage and sewer, with the right hereby granted to the persons, firms or corporations 2 13826.0005/8559922 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. ALL DRAINAGE EASEMENTS ARE TO REMAIN UNOBTRUCTED. SEWER EASEMENTS REFLECTED ON THE PLAT MAY BE USED FOR SANITARY SEWER. The use of the areas designated on the Plat as Tract A, Block 66, Chenal Valley, an addition to the City of Little Rock, Arkansas, are hereby donated and dedicated by PotlatchDeltic to the owners, as they may exist from time to time, of lots within the Corlay Court Neighborhood with the right, subject to further terms and conditions of the Plat and this Bill of Assurance, to use these areas for landscaping, pedestrian paths, sidewalk, secondary emergency access, drainage, storm drains, storm drainage overflow, sanitary sewer easements and a United States Postal Service Kiosk, and the Corlay Court Property Owners Association, Inc. shall maintain such areas and improvements, other than the costs and expenses for sanitary sewer, at its sole cost. No improvements by any party shall be placed on the area designated as Tract A, Block 66, Chenal Valley, an addition to the City of Little Rock, Arkansas, unless first approved by PotlatchDeltic, the appropriate agencies of the City of Little Rock, Corlay Court Property Owners Association, Inc. and the Architectural Control Committee established pursuant to the Covenants and Restrictions of Chenal Valley. PRIOR TO THE COMMENCEMENT OF ANY INSTALLATION OF UTILITIES WITHIN THE UTILITY EASEMENTS REFLECTED ON THE PLAT, 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 TRACT, INCLUDING, BUT NOT LIMITED TO, UTILITIES, PEDESTRIAN PATHS, SECONDARY EMERGENCY ACCESS AND LANDSCAPING 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 OR THE UTILITY PROVIDER. 3 13826.0005/8559922 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 - 48, Block 66, and Tract A, Block 66, Chenal Valley, an addition to the City of Little Rock, Arkansas," and any and every deed of conveyance of any lot in the Corlay 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 Corlay Court Neighborhood. Additional lands of PotlatchDeltic may become subject to this Bill of Assurance and added to Corlay Court Neighborhood in the following manner: PotlatchDeltic shall have the right but not the obligation to bring within the Corlay Court Neighborhood additional properties, regardless of whether or not said properties are presently owned by PotlatchDeltic, as future phases of the Corlay Court Neighborhood, provided that such additions are in accord with the general plan of development for the Corlay Court Neighborhood (the "Corlay 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 Corlay Court Neighborhood and is maintained in the office of PotlatchDeltic and provided such proposed additions, if made, become subject to assessments of the Corlay Court Property Owners Association, Inc. for their share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Corlay Court General Plan bind PotlatchDeltic to make the proposed additions or to adhere to the Corlay Court General Plan or any subsequent development plan shown on the Corlay Court General Plan. Nor shall PotlatchDeltic be precluded from conveying lands in the Corlay 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 Corlay 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 PotlatchDeltic, 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 PotlatchDeltic, shall have the right to subject additional lands to the Corlay Court Neighborhood unless PotlatchDeltic 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 4 13826.0005/8559922 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 Tract A, Block 66, and all improvements thereon, including but not limited to, any walls, lighting, drainage, irrigation, pedestrian path, secondary emergency access and landscaped areas shall be maintained by the Corlay 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. PotlatchDeltic has caused the formation of the Corlay Court Property Owners Association, Inc., a nonprofit corporation. PotlatchDeltic 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 PotlatchDeltic 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 PotlatchDeltic, of a lot within Corlay Court Neighborhood shall be deemed to covenant and agree to be a member of Corlay Court Property Owners Association, Inc. and to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Corlay Court Property Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the Corlay 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 Corlay Court Neighborhood and facilities which may be hereafter dedicated for use by PotlatchDeltic or otherwise acquired by the Corlay 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 PotlatchDeltic, PotlatchDeltic shall underwrite all reasonable costs for the operation of Corlay Court Property Owners Association, Inc. not covered by assessments paid by owners of non-PotlatchDeltic lots until eighty percent (80%) of all lots are owned by persons or entities other than PotlatchDeltic. Once eighty percent (80%) of all lots are owned by persons or entities other than PotlatchDeltic, the remaining lots owned by PotlatchDeltic shall be subject at the next annual assessment to the same assessments as non-PotlatchDeltic lots. 7. Height and Type of Residence. The residences in Corlay 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 5 13826.0005/8559922 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 Corlay 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, other than Lots 9, 10, and 31 thru 41, Block 66, 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 residence shall be located on Lots 9, 10, and 31 thru 41, Block 66, nearer to the front lot line or the side street line than twenty (20) feet, provided, such setback requirement 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 seven (7) 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. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in the Corlay 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 1,800 2,200 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. 10. Fronta e of Residence on Streets. Any residence erected on any lot in the Corlay 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 Corlay Court Neighborhood. 6 13826.0005/8559922 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, manufactured home, mobile home or structure of any sort may be moved onto or placed on any of the above -described lots. 17. 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. 18. Easements for Public Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utility services, sewer, drainage, storm drains 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 Corlay 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 7 13826.0005/8559922 responsibility for the maintenance and repair of any drainage course or equipment located upon those areas of the lot outside the easement. 19. Fences Flmg 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. 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 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. 21. 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. 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 gutter line not more than two inches above the gutter grade. 23. Subdividing Lot. No lot shall be subdivided. 24. 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. PotlatchDeltic, its successors and assigns (for so long as PotlatchDeltic owns lots within Corlay Court Neighborhood but not thereafter), the Corlay Court Property Owners Association, Inc. and also the owner or owners of any of the lots hereby 8 13826.0005/8559922 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. If, in the sole opinion of the Corlay Court Property Owners Association, Inc. ("Association") any Owner or occupant has failed in any of the duties or responsibilities reflected in the Covenants and Restrictions or this Bill of Assurance, then the Association may provide written notice of that failure, giving the Owner or occupant ten (10) days from receipt to perform the care and maintenance required. Should any person fail to fulfill this duty and responsibility within the ten-day period, then the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform needed care and maintenance without any liability for any civil or criminal damages for wrongful entry, trespass, conversion or otherwise to any person. The Owners and occupants (including lessees) of any part of the Property on which work is performed shall jointly and severally be liable for the cost of the work and shall promptly reimburse the Association for all costs. If the Association has not been reimbursed within thirty (30) days after invoicing, the indebtedness shall be a debt of all of the Owners and occupants jointly and severally, and shall constitute a lien against the Lot and improvements upon which work was performed. This lien, as well as any fine hereinafter authorized and imposed by the Board of Directors, shall have the same attributes as the lien for assessments and special assessments set forth in Paragraph 6, and the Association shall have identical powers and rights in all respects, including but not limited to the right of foreclosure. The Board of Directors may impose reasonable monetary fines upon the Owner which shall constitute a lien on the Owners Lot and all improvements thereon. 25. 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 Corlay Court Neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2051, 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 Corlay Court Neighborhood has been recorded prior to the commencement of any ten-year period. 27. 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. 9 13826.0005/8559922 5i� 7/� CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: CHENAL VALLEY CORLAY COURT `FkA*x- I have made a final 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 hnprovements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Datc.: ADDRESSING SPECIALIST REP RT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date: 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 conformance with City requirements/standards. street signs should be ordered and billed to developer. Mork 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. Traffic Engineer Dater CIVIL ENGINEER REP 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. x— Financial assurance for the uncompleted improvements listed above has been received. As -built drainage plans in cicctronic form have been submitted. All other requirements for final plat approval have been satisfied. Civil Engineer 1/II Date: 7-7-202 SURVEYOR REPORT I have reviewed the plat and find that: %f All re uirements for final plat approval have been satisfied. Surveyor MANAGER APPRaVA[, All Civil Engineering requirements for filing this final plat have been satisfied. L)ate: 7-7-2021 Design Review Engineer/Civil Engineering Manager Date: Effective: June 28, 2021 Timothy Daters From: Evenson, Suzanne C <suzanne.evenson@centerpointenergy.com> Sent: Friday, July 09, 2021 7:28 AM To: Timothy Daters Cc: Gober, Adam P; Bates, Joni B Subject: RE: [External Email] FW: Final Plat Approval- Chenal Valley 18-1 Good morning Tim, We have reviewed these plats found that CenterPoint Energy does not have any conflicts with these changes. Please let this serve as our letter of approval. Thank you, Suzy (Evenson) Mangan, El Cen[erPoinr Associate Engineer I AR/OK Region 501.377.4542 w. 1501.416.8412 c. Energy CenterPointEnergy.com From: Gober, Adam P <adam.gober@centerpointenergy.com> Sent: Thursday, July 8, 20212:03 PM To: Evenson, Suzanne C <suzanne.evenson@centerpointenergy.com> Subject: FW: [External Email] FW: Final Plat Approval- Chenal Valley 18-1 Hey Suzy, would you mind reviewing this plat? Or, if Courtney has GIS access yet feel free to have her take a look! Thank you, Adam P. Gober Centerftint. Engineer I AR/OK Region Fnelgy 501.377.4737 w. 1501.541.7509 c. CenterPointEnergy.com 0 From: Bates, Joni B <Loni.bate s,,]r)centerpointenerycom> Sent: Thursday, July 8, 2021 1:57 PM To: Gober, Adam P <adam.sober@centerpointenergy.com> Subject: FW: [External Email] FW: Final Plat Approval- Chenal Valley 18-1 Adam Timothy Daters From: Jason Lowder <Jason.Lowder@carkw.com> Sent: Wednesday, July 07, 2021 1:27 PM To: Chris Green Cc: James Blansett; Ben Liu; Erika Glidden; Timothy Daters Subject: RE: [External] FW: Chenal Valley Phase 18-i Final Plat Central Arkansas Water has no objections. Respectfully, Jason Lowder, Engineering Technician jason.lowder@carkw.com 501-377-1245 ,% From: Chris Green <Chris.Green@carkw.com> Sent: Wednesday, July 07, 2021 1:04 PM To: Jason Lowder <Jason.Lowder@carkw.com> Cc: James Blansett <jblansett@whitedaters.com>; Ben Liu <bliu@whitedaters.com>; Erika Glidden <erika@whitedaters.com>; 'tdaters@whitedaters.com' <tdaters@whitedaters.com> Subject: FW: [External] FW: Chenal Valley Phase 18-i Final Plat Jason, This is good on my end. Thanks, Chris Green Central Arkansas Water Engineering Technician Office (501) 377-1353 Cell (501) 912-6687 chris.men@carkw.com From: Timothy Daters <tdaters@whitedaters.Gom> Sent: Tuesday, July 6, 20218:27 PM To: Chris Green <Chris.Green@carkw.com> Cc: James Blansett <iblansett@whitedaters.com>; Ben Liu <bliu@whitedaters.com>; Erika Glidden <e rika @wh itedaters.corn> Subject: [External] FW: Chenal Valley Phase 18-i Final Plat Timothy Daters From: Collins, Jesse <Jesse_Collins@comcast.com> Sent: Tuesday, July 06, 2021 4:29 PM To: Erika Glidden; joni.bates@centerpointentergy.com; Henderson, Jeremy; Hill, Richard; [CENHRT-South Little Rock Construction]; jason.lowder@carkw.com;jm4138@att.com Cc: Timothy Daters Subject: RE: Final Plat Approval- Chenal Valley 18-1 Approved Jesse R Collins Comcast Construction Supervisor 2714 S. Shackleford Rd. Little Rock,AR. 72205 Office 901-623-7639 Cell 501-353-8448 From: Erika Glidden <erika@whitedaters.com> Sent: Tuesday, July 6, 20214:21 PM To: joni.bates@centerpointentergy.com; Henderson, Jeremy <jhende9@entergy.com>; Hill, Richard <Richard_Hi112@cable.comcast.com>; [CENHRT-South Little Rock Construction] <CENHRT- South_Little_Rock_Construction@comcast.com>; jason.lowder@carkw.com; jm4138@att.com Cc: Timothy Daters <tdaters@whitedaters.com> Subject: [EXTERNAL] RE: Final Plat Approval- Chenal Valley 18-1 Gentlemen Our client is asking us to record this plat by tomorrow. Have you had a chance to review? Please let us know if you need anything or have questions. Erika Glidden Office Manager White-Daters & Associates 24 Rahling Circle Little Rock, AR 72223 Direct Line: (501) 255-3391 Fax: (501) 821-1668 Main Phone: (501) 821-1667 Email: erika@whitedaters.com From: Erika Glidden Sent: Monday, June 21, 20213:48 PM To: 'joni.bates@centerpointentergy.com' <joni.bates@centerpointentergy.corrE>; 'Henderson, Jeremy' <jhende9@enterRy.com>;'richard_hi112@comcast.com'<richard hi112@comcast.com>;'cenhrt- south_little_rock_construction@comcast.com' <cenhrt-south little rock construction@comcast.com>; Timothy Daters From: Erika Glidden Sent: Tuesday, July 06, 2021 7:25 PM To: Timothy Daters Subject: Fwd: Final Plat Approval- Chenal Valley 18-1 Get Outlook for iOS From: MANION, JOSEPH E <jm4138@att.com> Sent: Tuesday, July 6, 20217:09:16 PM To: Erika Glidden <erika@whitedaters.com> Cc: PATTERSON, KEVIN <KP4080@att.com> Subject: RE: Final Plat Approval- Chenal Valley 18-1 Erika, I am sorry for the delay, I thought I had responded to this one. AT&T approves. Josepk Manion AT&T 05P ENGR. 501-416-5541 From: Erika Glidden <erika@whitedaters.com> Sent: Tuesday, July 6, 20214:21 PM To: joni.bates@centerpointentergy.com; Henderson, Jeremy <jhende9@entergy.com>; richard_hi112@comcast.com; cenhrt-south_little_rock_construction@comcast.com; jason.lowder@carkw.com; MANION, JOSEPH E <jm4138@att.com> Cc: Timothy Daters <tdaters@whitedaters.com> Subject: RE: Final Plat Approval- Chenal Valley 18-1 Gentlemen Our client is asking us to record this plat by tomorrow. Have you had a chance to review? Please let us know if you need anything or have questions. Erika Glidden Office Manager White-Daters & Associates 24 Rahling Circle Little Rock, AR 72223 Timothy Daters From: Henderson, Jeremy <jhende9@entergy.com> Sent: Thursday, July 08, 2021 8:30 AM To: Timothy Daters Subject: RE: CV 18-i Final Plat Sorry, I thought I replied back on that one. Entergy approves. From: Timothy Daters <tdaters@whitedaters.com> Sent: Wednesday, July 07, 20217:16 PM To: Henderson, Jeremy <jhende9@entergy.com> Subject: CV 18-i Final Plat EXTERNAL SENDER. DO NOT click links, or open attachments, if sender is unknown, or the message seems suspicious in any way. DO NOT provide your user ID or password. Jeremy we would like to record the final plat tomorrow You are the only utility that has not approved it. Please let us know if you have any questions Thanks Tim Get Outlook for iOS This message is intended for the exclusive use of the intended addressee. If you have received this message in error or are not the intended addressee or his or her authorized agent, please notify me immediately by e-mail, discard any paper copies and delete all electronic files of this message. Cd�rr� 1 Timothy Daters From: Vincent Hotho <Steven.Hotho@Irwra.com> Sent: Thursday, July 08, 2021 11:08 AM To: Erika Glidden Cc: Timothy Daters Subject: RE: Final Plat Approval- Chenal Valley 18-1 This final plat is approved. There will be no permits issued on the project until closeout is complete. Thanks, Vince S. Vincent Hotho, P.E. Engineering Manager 11 Clearwater Dr. Little Rock, AR 72204 Office: (501)688-1452 www.Irwra.com LITTLE ROCK Water Reclamation A&orn.NE.,JR_ NE;�V�JR€ This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender. This message may contain confidential information, and is intended only for the individual named. From: Erika Glidden <erika@whitedaters.com> Sent: Thursday, July 8, 2021 7:46 AM To: Vincent Hotho <Steven.Hotho@Irwra.com> Cc: Timothy Daters <tdaters@whitedaters.com> Subject: FW: Final Plat Approval- Chenal Valley 18-1 Importance: High Vince, Just needing to hear back from you on this one! Have you had a chance to review? Thanks! Erika Glidden Office Manager White-Daters & Associates 24 Rahling Circle Little Rock, AR 72223 Direct Line: (501) 255-3391