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HomeMy WebLinkAboutS-0200-Q Applicationt City of Little Rock Planning and Development Filing Fees Date A, 20__ J Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ Final Plat Planned Unit Dev $ Preliminaiy Plat $ Special Use Permit $ Rezoning $ Site Plans $ Street Name Change $ Street Name Signs Number at ea $ Public Hearing Signs Number at ea $ Total $ q File'Mn Lo, Ap LO 2011044473 Received: 7/28/2011 3:00:33 PM Recorded: 07/28/2011 03:16:34 PM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $125.00 DECLARATION, PLAT, RESTRICTIVE COVENANNTS AND BILL OF ASSURANCE OF THE DIVIDE AN ADDITION TO ME CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS THIS DECLARATION, PLAT, RESTRICTIVE COVENANTS AND BILL OF ASSURANCE OF THE DIVIDE made this �day of .J 0.04 , 2011, by PDC, LLC, an Arkansas limited liability company, hereinafter referred to as "Developer". ARTICLE I Recitals 1.1 The Developer and Eugene M. Pfeifer III and Linda Pfeifer, his wife, are the present record title holders of certain real property situated in the county of Pulaski, State of Arkansas, more particularly described as follows (the "Properly"): 'P � a+ -�-_ 20 l I 0 (-qq-1 `t' A TRACT OF LAND LYING PARTLY IN THE S1/2 SECTION 10 AND PARTLY IN THE N1/2 SECTION 15, T-2-N, R-14-W, PULASKI COUNTY ARKANSAS MORE PARTICULARLY DESCRIBED AS; STARTING AT THE NW CORNER OF THE SE1/4 NE1/4 SAID SECTION 15; THENCE S01'11'58"W ALONG THE WEST LINE THERE OF 504.87 FT.; THENCE N88°48'02"W, 145.72 FT TO THE POINT OF BEGINNING OF THE TRACT DESCRIBED HEREIN; THENCE S17035155"W, 179.74 FT.; THENCE SOUTHERLY ALONG THE ARC OF A 925.37 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S06°36'04"W, 353.06 FT.; THENCE 504'23'47"E, 158.39 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S46056'40 "E, 33.81 FT. TO THE NORTH RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY NO. 10; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES; (N89'29'33"W, 70.93 FT.; N83033'24"W, 85.53"; N89°05'09"W, 219.21 FT_); THENCE NO1°11'58"E, 267.75; THENCE N88-00'32"W, 329.43 FT.; THENCE N01°31'37"E, 376.12 FT.; THENCE N60°57'40"W, 770.81 FT.; THENCE S7 6°28'02"E, 514.61 FT.; THENCE N12-45'10"W, 348.87 FT.; THENCE N06°55'46"W, 203.76 FT.; THENCE N34°28'50"W, 213.13 FT.; THENCE N47°27'15"E, 666.50 FT.; THENCE N38°22'03"W, 110.40 FT.; THENCE NORTHWESTERLY ALONG THE ARC OF A 570.00 RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N54°20'39"W, 313.78 FT.; THENCE N70°19'15"W, 726.98 FT.; THENCE WESTERLY ALONG THE ARE OF A 188.00 FT. RADIUS CURVE TO THE LEFT A CHORD BEARING AND DISTANCE OF N88049'32"W, 119.34 FT.; THENCE WESTERLY ALONG THE ARC OF A 85.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N89021'12"W, 52.49 FT.; THENCE WESTERLY ALONG THE ARC OF A 188.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N89049'54"W, 119.00 FT.; THENCE S71°43'26"W, 324.08 FT.; THENCE SOUTHWESTERLY ALONG THE ARC OF A 470.00 FT. RADIUS CURE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S62-25'37"N, 151.86 FT.; THENCE S53°07148"W, 325.13 FT.; THENCE SOUTHWESTERLY ALONG THE ARC OF A 560.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S60°21'30"W, 140.92 FT.; THENCE S67°35112"W, 183.60 FT. TO THE NORTHERNMOST CORNER OF LOT 4C, NORTHWEST TERRITORY ADDITION, LITTLE ROCK, ARKANSAS RECORDED IN PLAT BOOK F AT PAGE 872 OF THE RECORDS OF PULASKI COUNTY ARKANSAS; THENCE S67*3511211W ALONG THE WEST LINE OF SAID LOT 4C 196.53 FT.; THENCE CONTINUE ALONG SAID WEST LINE, BEING THE ARC OF A 328.10 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S53050'12"W, 155.97 FT.; THENCE S40°05'11"W ALONG SAID WEST LINE, 156.72 FT.; THENCE CONTINUING ALONG SAID WEST LINE, BEING THE ARC OF A 25.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S05026'10"E, 35.68 FT. TO THE EAST RIGHT-OF-WAY LINE OF CHENAL PARKWAY; THENCE N50°57'31"W ALONG SAID EAST RIGHT-OF-WAY LINE, 105.02 FT.; THENCE EASTERLY ALONG THE ARC OF A 25.00 FT. RADIUS TO THE LEFT, A CHORD BEARING AND DISTANCE OF N84033'50"E, 35.03 FT; THENCE N40°05'11"E, 158.73 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A 388.10 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N53°50'12"E, 184.49 FT.; THENCE N67°35'12"E, 371.21 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A 500.00 FT. FT.; THENCE N53°07148"E, 325.13 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A 530.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N62°25'37"E, 171.24 FT.; THENCE N71°43126"E, 325.25 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A 188.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N53009'52"E, 119.68 FT.; THENCE EASTERLY ALONG THE ARC OF A 85.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S89°21'11"E, 141.01 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 188.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S51-48'58"E, 119.341: THENCE S70019'15"E, 726.98 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 630.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S57005'08"E, 288.47 FT.; THENCE S38°22'03"E, 209.81 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 630.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S29013'11"E, 200.32 FT.; THENCE S40'58'49"E, 287.81 FT.; THENCE SOUTHERLY ALONG THE ARC OF A 305.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S11°41'24"E, 298.43 FT. TO THE POINT OF BEGINNING, CONTAINING 37.51 ACRES MORE OR LESS. 1.2. The Developer intends to subdivide and plat the Property from time to time into building lots, streets and easements for drainage and utilities. 1.3. Developer has caused to be made a Plat, filed herewith, prepared by Timothy E. Daters, a r Registered Professional Engineer, dated r I , showing a survey made by Paul M. White a Registered Land Surveyor, bearing a certificate of approval executed by the 2 City of Little Rock Planning Department and showing thereon the metes, bounds, and dimensions of that part of the Property which Developer now desires to subdivide and plat into a Lot and public street right-of-way and easements and which is more particularly described as follows, to -wit: LOT 1, THE DIVIDE ADDITION A TRACT OF LAND IN THE NI/2 OF SECTION 15, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 2, NORTHWEST TERRITORY ADDITION, LITTLE ROCK, ARKANSAS; THENCE S76°28'02"E, 464.61 FT.; THENCE N12°45'10"E, 133.49 FT. TO THE POINT OF BEGINNNG; THENCE N12°45'10"E, 56.58 FT.; THENCE N06°5547"W, 418.45 FT.; THENCE N34°28'50"W, 129.69 FT.; THENCE N47°27'15"E, 457.96 FT.; THENCE N79°03'27"E, 253.90 FT.; THENCE S38°22'03"E, 9.68 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 570.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S22°36'06"E, 309.74 FT.; THENCE S06°50'09"E, 295.00 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 460.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S23054'29"E, 270.09 FT.; THENCE S40°5849"E, 109.65 FT.; THENCE SOUTHERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S06009'17"W, 36.65 FT.; THENCE S53°17'23"W, 83.04 FT.; THENCE SOUTHWESTERLY ALONG THE ARC OF A 470.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S75037'16"W, 357.16 FT.; THENCE N82°02'51"W, 166.41 FT.; THENCE NORTHWESTERLY ALONG THE ARC OF A 370.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N60037'41 "W, 270.24 FT. TO THE POINT OF BEGINNING, CONTAINING 662,988 SQ FT. OR 15.2201 ACRES MORE OR LESS. AND THE DIVIDE PARKWAY DEDICATION A TRACT OF LAND IN THE N1/2 OF SECTION 15, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 2, NORTHWEST TERRITORY ADDITION, LITTLE ROCK, ARKANSAS; THENCE S76°28'02"E, 464.61 FT.; THENCE N12°45'10"E, 133.49 FT.; THENCE N12°45'10"E, 56.58 FT.; THENCE N06°5547"W, 418.45 FT.; THENCE N34°28'50"W, 129.69 FT.; THENCE N47°27'15"E, 457.96 FT.; THENCE N79°03127"E, 253.90 FT. TO THE POINT OF BEGINNING; THENCE N51°37'57"E, 60.00 FT.; THENCE S38°22'03"E, 9.68 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 630.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S22036'06"E, 342.35 FT.; THENCE S06050'09"E, 295.00 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 400.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S23°54'29"E, 234.86 FT.; THENCE S4005849"E, 17.89 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE DIVIDE PARKWAY; THENCE S49-01'11"W, 60.00 FT. TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID THE DIVIDE PARKWAY; THENCE N40°5849"W, 17.89 FT.; THENCE NORTHWESTERLY ALONG THE ARC OF A 460.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N23°54'29"W, 270.09 FT.; THENCE N06°50'09"W, 295.00 FT.; THENCE NORTHWESTERLY ALONG THE ARC OF A 570.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N22°36'06"W, 309.74 FT.; THENCE N38°22'03"W, 9.68 FT. TO THE POINT OF BEGINNING, CONTAINING 1.2521 ACRES MORE OR LESS, 3 1.4. Developer warrants and represents that it has laid off, platted, and does hereby lay off, plat and subdivide the Lot hereinabove described in accordance with the aforesaid Plat. The lands described in Paragraph 1.3 above and embraced in the Plat shall be forever known as Lot 1, The Divide, an Addition to the City of Little Rock, Pulaski County, Arkansas, and any and every deed of conveyance of said Lot describing the same by such numerical character shall always be deemed a sufficient description thereof. The filing of this DECLARATION, PLAT, RESTRICTIVE COVENANTS AND BILL OF ASSURANCE in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas shall be a valid and complete delivery and dedication of the streets and easements shown on said Plat. 1.5 Developer deems it advisable that the title to the Property be held, owned, and conveyed subject to the protective and restrictive covenants and reservations herein set forth in order to enhance the value of the Property and to insure the proper use and appropriate development and improvement of the Property. ARTICLE II Definitions 2.1 Definition of Terms: (a) "Developer" shall mean PDC, LLC, an Arkansas limited liability company. (b) "Owner" or "Owners" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any of the Property, but excluding those having any interest merely as security for the performance or payment of an obligation. hereof. (c) "Property" shall mean and refer to the real property described in Paragraph 1.1 4 (d) "Improvements" shall mean and include, but not be limited to, buildings, parking areas, loading areas, fences, walls, hedges, landscaping, mass plantings, poles, signs and any structures of any type or kind. (e) "Lot" shall mean and refer to the fee simple absolute estate of any platted plot of land within the Property, as heretofore and hereafter platted. (f) "Plat" shall mean and refer to a certain drawing which is approved by the City of Little Rock and filed with the Circuit Clerk platting a Lot. (g) "Common Area" shall mean and refer to areas of land owned by the Developer or the Association or as to which the Developer or Association has a right to use, that is held for the use and benefit of all or portions of the Property. Common Areas shall include, without limitation, (a) open space, recreational areas and storm water management facilities, both within and outside of the Property, desigiiated by the Developer, (b) portions of the Property conveyed to the Association from time to time by the Developer, and (c) such additional portions of the Property as the Developer or the Association may, in its discretion, accept conveyance of from any Owner. (h) "Association" shall mean and refer to an Arkansas entity established in accordance with Section 7.2 of this Declaration. ARTICLE III Purpose 3.1 The Property is hereby made subject to the following conditions, covenants, restrictions, and reservations, all of which shall be deemed to run with the Property and each and every part thereof to insure proper use and appropriate development and improvement of said Property so as to (a) protect the Owners against such improper development and uses of surrounding parcels as will depreciate the value and use of their parcels; (b) prevent the erection on the Property of structures constructed of improper or unsuitable materials or with improper quality and methods of construction; (c) insure adequate and reasonably consistent development of the Property; (d) encourage and assure the erection of attractively designed permanent Improvements appropriately located within the Property in order to achieve harmonious appearance and function; (e) to provide adequate off-street parking and loading facilities; and (f) generally promote the welfare and safety of the Owners. ARTICLE IV Easements 4.1 A permanent easement or easements for drainage and for the installation, maintenance, repair and replacement of utility services, storm and sanitary sewers and drainage, sidewalks, pedestrian pathways or bicycle trails are created, accepted, or reserved on, over, across, and through the Lot and Divide Parkway Dedication as shown on the Plat filed herewith. No structures or buildings or similar permanent Improvements shall be built, constructed, erected, installed, placed or maintained within the area of easements. No excavations within the area of said easements for the erection of any fences (wood, wire, stone or brick) or for any other purposes shall be made which would interfere with installation, maintenance, repair and replacement of any utility, storm, sanitary sewer, or drainage services. In the event any trees, incinerators, structures, buildings, fences, pavements or similar improvements shall be growing on or be constructed, erected, installed, placed, built or maintained within the area of any such easement, no utility provider will be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility or drainage services located with the area of such easement. G ARTICLE V. Permitted Uses 5.1 In the development, use, or ownership of all or any portion of the Property the Owner thereof shall develop, use and occupy the Property in compliance with the zoning rules and regulations of the City of Little Rock in effect from time to time and any and all other applicable governmental entities as they apply to any particular portion of the Property. ARTICLE VI Reptulation of Improvements 6.1 Approval. No building shall be erected, placed or altered on the Property until the building plans, specifications, exterior color scheme and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets and finished ground elevations, have been approved in writing by the Developer, which approval shall not be arbitrarily or unreasonably withheld. A primary purpose of this restriction is to insure that proper standards of planning, design and construction are followed in the development of the Property, for the collective benefit of the Owners. 6.2 Developer's Liability. The granting of any approval, permit or authorization by the Developer shall be final and binding. The Developer shall incur no liability by reason of its refusal to approve any plans or specifications submitted hereunder. 6.3 Submission ReQuirements. (a) Any submission to the Developer for approval of a proposed development shall include in a single submission: VA (1) A site plan, to scale, indicating the location of all proposed Improvements, including without limitation structures, trash disposal, parking areas, storage and maintenance areas, fencing, drainage and traffic circulations. (2) Landscape plans to scale, indicating site topography, elevations of walks, drives and building entries, existing tree locations, proposed tree removal and/or replacement (location and trunk diameter), fencing location, size of fencing and material thereof, and any other pertinent site treatment. The landscape plans and the grading plan showing site topography may be submitted as separate plans. (3) Building elevations, to scale, indicating all elevations of proposed structures with specifications of building materials, fences and color -scheme; and (4) Sign plan, indicating design, location and details of all signs which will be visible from the exterior of any building. (b) Approval of any proposed development by the Developer will not relieve any Owner of the obligation to comply with all laws, ordinances, regulations or rules of any governmental body, nor can any Owner rely upon such approval as an indication of such compliance. In no event will approval of such proposed development by the Developer create any liability on the part of the Developer to the Owner or to any third party who may seek to rely thereon. 6.4 Setbacks. No building shall be located on any Lot nearer to the front, side or rear lot lines than the minimum building setback lines shown on any recorded Plat affecting the Property. The minimum building setback lines are as follows: 8 (a) Front or side yards abutting Cantrell Road — all principal and accessory buildings or structures are required to have a minimum 100-foot building setback from the property line abutting Cantrell Road. (b) Front or side yards abutting The Divide Parkway— all principal and accessory building or structures are required to have a minimum 25-foot building setback from the property line abutting The Divide Parkway. (c) Rear yard — rear yard shall not be less than 25 feet. (d) In the event any Owner or Owners of contiguous Lots desire to develop their Lots as one project, the Developer shall have the right to waive the common side setback line to promote the development of the contiguous Lots as one, in a manner which is aesthetically compatible with the development of the Property. 6.5 Sidewalks. Sidewalks or bicycle paths shall be installed by the Owner along abutting streets as approved by the Developer on an approved site plan subject to requirements of the City of Little Rock. 6.6. Subdividing. No Lot shall be subdivided without the prior written consent of the Developer and the City of Little Rock first having been obtained. 6.7. Building Exteriors. The exterior of all improvements on any Lot including free standing mail boxes shall comply with the following: (a) Exterior wall elevations of buildings fronting Cantrell Road, and The Divide Parkway must include at least 40% fiber cement product, masonry or equivalent, unless otherwise approved by the Developer. 0 (b) Roofs on multifamily improvements shall be of a sloping design and in a material approved by the Developer, unless otherwise approved by the Developer. Flat roofs may be approved for commercial or office improvements. (c) Roof -mounted mechanical equipment which is visible from the ground is to be screened and painted to match the exterior material of the building. (d) Gutters and downspouts are to be painted to match the surface to which they are attached. (e) Vents, louvers, exposed flashing and service doors are to be painted consistent with the exterior material of the building. 6.8. Screening. Areas used for loading, service access, ground -level mechanical equipment, transformers, meters, fuse boxes, mail boxes, trash dumpster areas and other appurtenant items of poor visual quality, and that are visible from contiguous parcels or streets, are to be screened by the use of the same material as the building exterior. In the case of certain low-level items, such as transformers, the Developer may approve the substitution of dense, mature landscape materials. 6.9. Signs. (a) Ground signs will be constructed of masonry, pre -cast concrete or other material approved by the Developer. (b) All signs will comply with the Little Rock Sign Ordinance and approved by the Developer. If signs are upon landscaped berms, their maximum height above curb level shall be ten (10) feet. (c) Temporary signs. The location, size, and design of temporary signs are subject to the approval of the Developer. 10 (d) No flashing, moving or changeable message signs shall be installed or temporarily located on any portion of the Property. 6.10. Driveways and Parking. (a) The location of driveways requires the prior approval of the Developer. (b) No parking is permitted on Cantrell Road, or The Divide Parkway. (c) All exterior parking areas visible from The Divide Parkway and Cantrell Road which are adjacent to landscaped areas shall have concrete upright curbs. (d) The first 100 feet of any driveway connecting to a public street shall be exposed aggregate, cobblestone, brick or other such upgraded pavement rather than asphalt or concrete. 6.11. Lightin . All exterior lighting shall be shielded and directed away from adjoining property owners. 6.12 Landscaping. (a) Owner will be responsible for the design, development and maintenance of the landscape on Owner's Lot and contiguous planting areas within the various rights -of -way and public property to the face of the curb in conformity with the landscaping plan approved by the Developer. Contiguous parcels owned by such Owner reserved for future expansion shall have the required landscape areas fronting on streets fully developed at the time the first phase of development occurs. Mowing of any undeveloped parcels shall be required at least monthly during the growing season. Dead or extensively damaged trees, ground cover or shrubs shall be identically replaced within thirty (30) days after the damage occurs. Replacement may be made at a later date, with the Developer's approval, if necessary due to seasonal conditions. fb General Landscaping Requirements: All front, side, or back yards, other than any required buffer shall be solid sodded with zoysia or other equivalent approved by the 11 Developer. Willow Oak or other equivalent trees as approved by the Developer shall be planted at 40 foot intervals as located on the approved landscaping plans. (c) Parkin Lots: The landscaped areas in the parking lots shall meet or exceed the requirements of the City of Little Rock Landscape Ordinance and shall be planted with solid sodded zoysia, ground cover, shrubs or equivalent, approved by the Developer. (d) Irrigation. All landscaped areas are to be irrigated with an approved automatic sprinkler system. Impact heads will be utilized along the rights -of -way and will be spaced to provide complete coverage between the right-of-way line and the back of the curb. The irrigation system will be designed and operated to prevent or minimize run-off and discharge irrigation water onto roadways, driveways, adjacent properties and any area not under control of the user. 6.13 Noise Pollution. No activity which could cause a nuisance by reason of noise to adjoining and/or surrounding Property Owners shall be permitted on any Lot, especially from 7:00 P.M. to 7:00 A.M. The use and operation of an external public address system or paging system is strictly prohibited. The use and operation of power tools other than during construction or repair of the Improvements, or during routine landscape maintenance on a Lot are strictly prohibited. 6.14 Prohibited Uses. No Lot shall be used for any purpose or business which is considered dangerous or unsafe, or which constitutes a nuisance, or is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes or noise. 12 6.15 Maintenance. All fences will be maintained in good repair by Owner. Owner will mow and maintain the Cantrell Road, and The Divide Parkway right-of-way areas between the street and Owner's property line in a professional and attractive manner. ARTICLE VII Creation of Common Area; Formation of Property Owners Association; Maintenance of Common Area 7.1 Creation of Common. Area. 7.1.1 After the date when this Bill of Assurance has been recorded, Developer may from time to time at Developer's sole discretion, designate certain unplatted portions of the Property or other property which the Developer or Association has a right to utilize, as a Common Area. Such Common Area shall include land which may be subsequently devoted to an entrance or other amenity to the Property providing identity to the development, common landscaping for the Property, bicycle or pedestrians paths, common drainage for the Property and/or the operation of a landscape watering system for the Property. The Common Area shall also include the lake east of Lot 1 on the Property if the Owner of Lot 1 chooses to utilize the lake in its surface drainage improvements. Common Areas shall also include the area needed for maintenance of street lights in the Subdivision which maintenance shall be a responsibility of the Association to the extent they are not maintained by the City. 7.2 Formation of Property Owners Association. 7.2.1 Timing and Legal Form. The Developer may at the Developer's sole discretion, form a property owners Association (hereinafter the "Association"). The Association shall be an Arkansas not -for -profit corporation whose Articles of Incorporation shall, among other things, establish classes of membership, rules of governance, provide that all Owners 13 within the Property (other than any government entity which has acquired any portion thereof for rights of way or for purposes other than the ownership of Lots and/or the improvements thereon) shall be and become members thereof by virtue of land ownership within the Property and that the Association will accept from the Developer the right to perform and carry out the maintenance of the Common Area after the ownership of the Common Area has been transferred from the Developer to the Association, and levy assessments within the limits set out herein. 7.2.2 Scope of Activities and Budget. The Articles of Incorporation shall further provide that the Association shall have the right to adopt and carry on budgets consistent with its duties and obligations hereunder; to assess its members for pro-rata portions thereof; to have, impose and enforce the lien provided for herein; to secure and collect all such members' assessments; have the right to receive from the Developer title to any and all Common Area within the Property; and when determined by the Developer, the right to receive from the Developer the authority to exercise the plan review and approval process and all other authority granted to Developer herein. When the Developer no longer owns any portion of the Property, all rights of the Developer hereunder which have not already been transferred to said Association shall thereupon pass to the Association without the necessity of any further instrument of transfer or assignment. The Association shall exist in perpetuity to carry out these responsibilities provided, however, the Association may be dissolved after these covenants and restrictions have expired or been terminated as provided herein. 7.2.3 Enforcement. Each Owner, by acquisition of any interest in any parcel of land within the Property, hereby expressly vests in the Association the right and power to bring all actions against such Owner for the collection of such charges and assessments as a debt and to enforce the aforesaid by all methods available for the enforcement of such liens, including 14 foreclosure, by an action brought in the name of the Association in a like manner as a mortgage lien on real property. No Owner may waive or otherwise escape liability for the charges and assessments provided for herein by abandonment of such Owner's Lot. 7.3 Maintenance of Common Area. 7.3.1 Developer and _Association Maintenaace. The Developer, or after he has formed the Association, the Association, shall maintain the Common Area in good condition and repair, presenting a neat and orderly appearance. Each Owner shall pay its share of the cost of the Common Area maintenance payable annually in advance on the first day of the Association's fiscal year, calculated under a methodology set out in the Bill of Assurance or any amendment thereto, in accordance with paragraph 7.3.2. For new Owners,. the first year's fee shall be prorated on a daily basis from the date of the new Owner's closing through the end of the Association's fiscal year. The monies paid by each Owner shall be put into a maintenance fund. The maintenance fund will be used solely for improving (not the initial development) and maintaining the Common Area in such a manner as is reasonably deemed necessary by the Developer to maintain the overall attractiveness of the Common Area, including, but not limited to, maintaining attractive landscaping in the Common Area, maintaining the entrance to the Property, maintaining liability insurance premiums attributable to such areas, paying utility bills associated therewith, maintaining a fund for replacement, or for doing any other thing necessary in the reasonable opinion of the Developer, for keeping the Common Area neat and in good order. 73.1.2 Owner Maintenance. The mowing and trimming of the area for each Lot within the public right-of-way (i.e. the property between the edge of the pavement and the 15 property line) shall not be deemed Common Area but remain the responsibility of the Lot Owner as if the property line extended to the edge of the pavement. 7.3.2 Assessments. (a) After Common Areas are initially developed, the expense of improving and maintaining such areas shall be paid by the Owners. As additional lots are E 1 incorporated into the Development, the Developer shall amend this provision in the Bill of j Assurance to provide a formula for the allocation of assessments among the various lots in the development by square footage, use, perceived benefit from any particular Common Area amenity or otherwise. Such power to amend is independent of and in addition to any power to amend under 8.2. (b) Notwithstanding any of the foregoing, Lot 1 shall never be assessed more than the lesser of 25% of the expenses of maintaining the Common Area or $5,000.00 for the 4 first twelve months in which such assessments are imposed. In each succeeding year, Lot 1 shall n never be assessed more than the lesser of 25% of the expenses of maintaining the Common Area or $2,500.00 (the "Lot 1 Ceiling Assessment"), as adjusted hereafter. For purposes of calculating the adjusted Lot 1 Ceiling Assessment, the Lot I Ceiling Assessment shall be ` i adjusted annually in the month in which all future assessments are generally levied on Lots in the = Development in direct ratio with the published changes in the Consumer Price Index, All Urban Consumers (CPI-U), All items, 1982-84=100, with the base month being the first month in i which assessments for the development had initially been imposed. In the event that CPI-U E ceases publication, the most comparable substituted table shall be utilized. (c) Any contribution to the maintenance fund from parcels unowned by the Developer and not subject to this Bill of Assurance shall reduce this 25% maximum percentage pro-rata. (d) The provisions of 7.3.2 (b) and (c) shall not be amended or terminated without the express written concurrence of the Owner of Lot I. 16 7.3.3 In the event that any Owner fails to maintain its Lot or that area of the public right-of-way that is its responsibility for maintenance, then the Developer or Association, following reasonable written notice, may perform the necessary maintenance, and charge to that respective Owner the reasonable cost of such maintenance work. This right of the Developer or Association shall be limited to the landscaping and exterior housekeeping and shall not extend to any maintenance of buildings. 7.3.4 Any unpaid amount for the maintenance of the Common Area or for specific maintenance performed by the Developer or Association due to Owner's failure to maintain its Lot shall become a lien against the Lot for which the Developer or Association may bring an action at law against the Owner(s) obligated to pay the same, or initiate foreclosure proceedings. All unpaid and past due obligations shall bear interest at the maximum legal rate provided under the laws of Arkansas. However, the lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any Lot shall not affect the assessment lien. The sale or transfer of any Parcel pursuant to any mortgage foreclosure or proceedings in lieu thereof, shall not extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. 7.3.5 To the extent that it is an Owner of part of the Property that is final platted and served by streets and utilities, the Developer is responsible for timely payment of its pro rata share of the maintenance charge. ARTICLE VM Termination Modification Enforcement and Assi nments 17 8.1 Term. The covenants, conditions, restrictions and reservations contained herein shall continue in full force and effect until January 1, 2040, and shall thereafter be renewed automatically from year to year unless and until terminated as provided in paragraph 8.2 hereof. 8.2 Termination and Modification. The covenants, conditions, restrictions, and reservations contained herein may be terminated, extended, modified or amended as to the whole of the Property or any portion thereof, with the written consent of the Owners of 60% of the Property. Such termination, extension, modification, or amendment shall be immediately effective on the recording of the proper instrument in writing, executed and acknowledged by such Owners in the office of the Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. Provided, however, none of the restrictive covenants herein contained may be modified, terminated, amended, or canceled prior to January 1, 2040, without the prior written consent of the Developer, as long as Developer owns any part of the Property or any property adjacent to the Property. Developer may from time to time by filing an amendment to the property description set out in paragraphi 1. 1, include additional property owned by the Developer adjacent to the Property (as it may be amended from time to time) to include this additional property as part of the Property for the purpose of creating a larger coordinated development. 8.3 Right to Enforce. The restrictions and covenants and reservations herein set forth run with the land and are binding upon the Developer, the Owners, and all parties, persons, and entities claiming title to or an estate in any part of the Property described herein. Moreover, any and all parties, persons and entities owning Property herein described, or any part thereof, covenant and agree with all of the Owners of the Property hereby restricted and with their heirs, successors and assigns, and with each other, to conform to and fully observe all of the covenants, restrictions, and reservations herein contained. In furtherance of the above and foregoing, the 18 Developer and any Owners of any of the Property 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 covenants, restrictions, and reservations herein set forth, in addition to ordinary legal action for damages. Successful enforcement shall entitle the prevailing party to collect all attorney's fees from the offending party. The failure of the Developer or any Owner to enforce any of the covenants, restrictions, or reservations herein contained at the time of its violation, shall in no event be deemed a waiver of the right to do so thereafter. 8.4 Assignment of Developer's Rights and Duties. Any and all rights, power and reservations of the Developer herein contained may be assigned in good faith by the Developer to any responsible person, corporation, or association or committee who has a legitimate interest in the subject matter thereof, which will assume any or all of the duties of Developer hereunder, and upon any such person, corporation, or association's evidencing its consent in writing to accept such assignment, and assignee shall, to the extent of such assignment, assume Developer's duties hereunder, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by the Developer herein. Upon such assignment, and to the extent thereof, the Developer shall be relieved from all liabilities, obligations, and duties hereunder. The term "Developer" as used herein includes all such assignees and their heirs, successors, and assigns. If at any time the Developer ceases to exist and has not made such an assignment, a successor developer may be appointed by the Owners of 60% of the Property and upon compliance with the requireinents of paragraph 8.2. ARTICLE IX Miscellaneous 19 9.1 No Waiver. All the conditions, covenants, restrictions and reservations contained in this DECLARATION, PLAT, RESTRICTIVE COVENANTS AND BILL OF ASSURANCE shall be construed together, but if it shall at any time be held that any one of said conditions, covenants, restrictions and reservations, or any part thereof, is invalid, or for any reason becomes unenforceable, no other conditions, covenants, restrictions and reservations or any part thereof shall be thereby affected or impaired. 9.2 Owner's Liability Subsequent to Sale. Upon sale of a parcel, the Owner so selling shall not have any further liability for the obligations thereon which accrue against such parcel sold after the date of the conveyance; provided, however, that nothing herein shall be construed so as to relieve an Owner of any parcel from any liability or obligations incurred prior to such sale pursuant to this DECLARATION, PLAT, RESTRICTIVE COVENANTS AND BILL OF ASSURANCE. 9.3 Benefits and Burdens. The terms and provisions contained in this DECLARATION, PLAT, RESTRICTIVE COVENANTS AND BILL OF ASSURANCE shall bind and inure to the benefit of the Developer, the Owner, their respective heirs, successors, personal representatives and assigns. 9.4 Notice. Any notices required or permitted herein shall be in writing and mailed, postage prepaid by register or certified mail, return receipt requested, and shall be directed as follows: if intended for an Owner, to the address supplied in writing by the Owner to the Developer, failing which the notice shall be sent to one of the following in the following order of priority: (1) to the Lot if improved; (2) if the Lot is not improved, to the address set forth in purchase contract; (3) none of the foregoing, to the last known address of the Owner. If intended for the Developer, to the address as follows: P PDC, LLC c% Mr. Eugene M. Pfeifer, III 16623 Cantrell Rd., Suite 2A Little Rock, AR 72223 And Chris Parker EICHENBAUM, LILES & HEISTER, P.A. 124 West Capitol, Ste. 1900 Little Rock, AR 72201 9.5 Sin War and Plural. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires. EXECUTED on the date first mentioned above. PDC, LLC its Eug e M�feifer, III, Individually Linda Pfeifer, his wif BancorpSouth Bank, Mortgagee By: R y Sn o esignated officer STATE OF ARKANSAS `1 Reviewed oniy for inclusion of minimum standards required by the City of Little Rock subdivision regulatiortis. Bill of Assurance provisions cstablished by the developer may exceed minimum rcculakm of tha Littte Rook subdivision and zoning ordinences. ACKNOWLEDGMENT 21 n jS? IAAV 01 o le Rods fanning' Commission 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 Eugene M. Pfeifer, III, as Managing Member of PDC, LLC, an Arkansas limited liability company, to me personally well known, who stated he was duly authorized in his said capacity to execute the foregoing instrument for and in the name and behalf of said corporation, 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. ESTIMONY WHEREOF, I have hereunto set my hand and seal this day of 2011. j111; 11111111}1j11j y'�N� . R O C141F r�rirrrr �7 •sxl•c°&tia•. = Notary Public My commission expires: STATE OF ARKANSAS COUNTY OF PULASKI * � N0.12371192. rJrrrrr�9�pUl3LIC '•���,`t�� rrr 'At"+OWLEDGMENT On this day before me, a Notary Public, duly commissioned, qualified, and acting within and for said county and state, appeared the within named Eugene M. Pfeifer, III, an individual to me personally well known, who 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. I TESTIMONY WHEREOF, I have hereunto set my hand and seal this 19�' day of =01 , 2011. 1111 o My commission expires: �J 1 STATE OF ARKANSAS +++1111 Illy;yy+ �•'� dP ' g1U •co ' • r rr: C�4P 6y�� * : No.12371192; I r z W; I (TI Fic - - � M�- 4 — ACKNOWLEDGMENT 22 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 Linda Pfeifer, wife of Eugene M. Pfeifer, III to me personally well known, who stated and acknowledged that she 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 this 9- day of a4we, . 2011. '� 12371192: * z My commission expires: * : No Fka - - rrr • •• • � tip•` ACKNOWLEDGMENT STATE OF ARKANSAS_ ) COUNTY OF PHA iM ) On this day before me, a Notary Public, duly commissioned, qualified, and acting within and for said county and state, appeared the within named Roy Snook, as designated officer of BancorpSouth Bank, to me personally well known, who stated he was duly authorized in his said capacity to execute the foregoing instrument for and in the name and behalf of said bank, 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 �'h day of , 2011. 0mrrrr► :� Notary Public My commission expires: _ e��o;Missrpti-,D 01, y, 23 City of Little Rock Department of Public Works February 16, 2011 Sharon Miller, President Beach Abstract and Guaranty Company 100 Center Street Little Rock, AR 72201 Office of the Director 701 W. Markham, Suite 100 Little Rock, Arkansas 72201-1303 Phone: (501) 371-4475 Fax: (501) 371-4843 Website: www.littlerock.org Re: Plat and Bill of Assurance on Lot 1, The Divide Addition to the City of Little Rock, Pulaski County, Arkansas Dear Ms. Miller: Attached please find the referenced Plat and Bill of Assurance (the "Documents") signed by me on behalf of the City of Little Rock Public Works Department (the "City") evidencing the City's "Certification of Final Approval". The City is signing the Documents to indicate its approval of the Documents, but the Documents are to be held by you and NOT filed for record until the following requirement is met: The party responsible for building the streets and offsite utilities, which in this case I understand is the Buyer, must place in escrow sufficient funds to build the streets and offsite utilities. The City has approved the plans for said construction and has received an acceptable engineer's cost estimate from White-Daters & Associates that said construction will cost $1,036,949.00, which is the amount that shall be placed in escrow with Beach Abstract and Guaranty Company ("Beach Abstract"). There shall be no withdrawal of escrowed funds for improvements, or any part thereof, until the City has authorized such withdrawals. The escrowed funds shall remain in escrow until such time as the City advises Beach Abstract in writing that the improvements have been made or that the funds, or part thereof, should be released to the City for completion of the improvements. When Beach Abstract has the funds in escrow and there is a fully executed Escrow Agreement naming the City as a party, then Beach Abstract may record the Plat and file the Bill of Assurance. City of Little Rock Public Works Department By: teve Beck, P.E., Director Acknowledgment: By my signature below, Beach Abstract understands the conditions under which the City is placing the Plat and Bill of Assurance into escrow with Beach Abstract and Beach Abstract shall comply with the City's instructions regarding the escrowed funds. Be tract and Gua arty Company B Sharon Miller, resident © WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle Little Rock, Arkansas 72223 0 Phone: 501-821-1667 Fax: 501-821-1668 February 15, 2011 Mr. Ed K. Willis, President Financial Centre Corporation 900 South Shackleford Road, Suite 300 Little Rock, Arkansas 72215 RE: The Divide Parkway Mr. Willis, Please find attached our estimate for the construction of The Divide Parkway adjacent to Lot 1 and the additional work by ENTERGY to provide power to the existing street lights South of Lot 1 along the existing road. Estimated Construction Cost $942,681.00 Contingencies at 10% 9.268llll Total $1,036,949.00 This proposal is based on unit prices provided by Harper Construction in August of 2010. It includes the construction of water, natural gas, underground electrical and sanitary sewer improvements to serve Lot 1. Please contact me if you need any additional information. Sincerely, Timothy aters, P.E. Encl: Engineers Estimate of Construction Cost CIVIL ENGINEERING, LAND PLANNING A DEVELOPMENT, SURVEYING 2/15/2011 Bidder acknowledges receipt of the following addenda: Bidder agrees to perform all the work described in the specifications and shown on the plans for the following prices: ITEM ESTIMATED UNIT NO. DESCRIPTION QUANTITY PRICE TOTAL The Divide - Phase 2 P ut lie [min rovemerits - 0ivide Pa rkway on GRADING -PAVING & DRAINAGE 1 - P Clearing & Grubbing, the unit price of T Thousand Nine Hundred Dollars And No Cents 1.80 AC $ 2,900.00 $ 5,220.00 per acre 2 - P Unclassified Street Excavation, the unit price of Six Dollars And Fifty Cents 300 CY $ 6.50 $ 1,950.00 per cubic yard 3 - P Unclassified Ditch Excavation, the unit price of Nine Dollars And No Cents 250 CY $ 9.00 $ 2,250.00 per cubic yard 4 - P Haul -off Excess Excavation, the unit price of Three Dollars And Filly Cents 0 CY $ 3.50 $ per cubic yard 4A - P Spread & compact material supplied by others, the unit price of Four Dollars And Fifty Cents 5000 CY $ 4.50 $ 22,500.00 per cubic yard 5 - P Undercutting, incl. Compacted Backfill, the unit price of Ten Dollars And No Cents 500 CY $ 10.00 $ 5,000.00 per cubic yard 6 - P 4" Thick Ballast Stone Stabilization & SB-2 Used to Seal Surface of B-Stone incl. Undercut, Haul -Off and Filter Fabric, the unit price of Twenty Dollars And No Cents 250 TN $ 20.00 $ 5,000.00 perton 7 - P Hay Bales for Erosion Control, the unit price of Seven Dollars And No Cents 250 EA S 7.00 $ 1,750.00 pereach 8 - P Sift Fence Staked in Place, the unit price of Three Dollars And No Cents 1500 LF $ 3.00 $ 4.5114.00 per linear foot 9 - P 18" Reinforced Concrete Pipe Culvert, Class III the unit price of Thidy Ryle_Dollar5A d No en1A 64 LF $ 35.00 $ 2,240.00 per linear foot 10 - P 24" Reinforced Concrete Pipe Culvert, Class III the unit price of Fifty Dollars And No Cents 56 LF $ 50.00 $ 2,800.00 per linear foot 11 - P 48" Reinforced Concrete Pipe Culvert, Class III the unit price of One Hundred Twenty Five ❑altars And No Cents 80 LF S 125.00 10,000.00 per linear foot 12 - P 54" Reinforced Concrete Pipe Culvert, Class III the unit price of One Hundred Forty Five Dollars And No Cents 0 LF $ 145.00 $ per linear foot 13 - P 66" Reinforced Concrete Pipe Culvert, Class III the unit price of One Hundred Eighty Five Dol!ars And No Cents 72 LF $ 185.00 S 13.320.00 per linear foot 14 - P 4' dia. Curb Inlet, Junction Box & Surface Inlets 0'- 4' Depth, the unit price of One Thousand E' ht Hundred F—ft ❑ llars And No n s 4 EA $ 1,850.00 S7400.00 per each 15 - P Extra Depth in 4' die. Curb Inlet, Junction Box Box & Surface Inlet, the unit price of One Hundred Eighty Qollar$ And No Cents 10 LF $ 180.00 1,800.00 per linear foot 16 - P 5' dia. Curb Inlet, Junction Box & Surface Inlets 0'- 5' Depth, the unit price of Two Thousand Five Hundred Dollars And No Cents 0 EA S 2.500.00 $ - per each 17 - P Extra Depth in 5' dia_ Curb Inlet, Junction Box Box & Surface Inlet, the unit price of Two Hu ndred Fifty Dok ars And —No Cents 0 LF $ 250.00 $ - per linear foot 18 - P 6' dia. Curb Inlet, Junction Box & Surface Inlets 0' - 6' Depth, the unit price of Three Th u a d Six Hundred Dollars And No Cents 1 EA $ 3.600.00 $ U00.i10 pereach 18 - P Extra Depth in 6' dia. Curb Inlet, Junction Box Box & Surface Inlet, the unit price of Three Hundred Sixty Dollars And No Cents 3 LF $ 360.00 $ 1,080,00 per linear foot 20 - P 8' dia. Curb Inlet, Junction Box & Surface Inlets 0'- 8' Depth, the unit price of Five Thousand Five Hundred Dollars And No Cents 0 EA S 5,500,00 per each 21 -P Extra Depth in 8' dia. Curb Inlet, Junction Box Box & Surface Inlet, the unit price of Five Hundred Fifty Dollars And No Cents 0 LF $ 550.00 $ per linear foot 22 - P Reinforced Concrete for Headwalls and Wingwalls, the unit price of Five Hundred Fi DoltarsAnd Na Cents 18 CY S 550.00 $ 9,goo.00 per cubic yard 23 - P Type No. 1 Concrete Curb & Gutter, the unit price of Ten Dollars And No Cents per linear foot 24 - P 9" Thick, Compacted Crushed Stone Base Course, (SB-2) incl. Fine Grading, the unit price of Nine Dollars And Fifty Cents per square yard 25 - P 2" Thick, Hot Mix Asphaltic Concrete Wearing Surface, Type III, the unit price of Nine Dollars And No Cents per square yard 26 - P 4" Thick 3000 PSI Concrete Sidewalk, the unit price of Thirty Two Dollars And No Cents per square yard 27 - P Handicap Ramps, the unit price of Five Hundred Fifty 17ollars And No Cents per each 28 - P Stone Rip Rap for Erosion Control, 75 lb typical, with filter fabric, the unit price of Fifty Dollars And No Cents per ton 29 - P Stone Rip Rap 150 lb minimum, the unit price of Forty Five Dollars And No Cvnts- perton 30 - P Extra Trench Stone for Pipe Culvert, the unit price of Eighteen Dollars And No Cents perton 31 - P 1' 6" x 1' 6" Subdrain, the unit price of Nine Dollars And Fifty Cents per linear foot 32 - P Adjust Manhole to Grade, the unit price of Five Hundred Fifty.Dollars And No Cents per each 33 - P Sawcut Existing Asphalt, the unit price of Four Dollars And No Cents per linear foot 34 - P Entergy Trenching including Sand Backfill, the unit price of Seven Collars And Twenty Five Cer� per linear foot 35 - P Entergy Conduit Installation, the unit price of Three Dollars And F-My Cents per linear fool 36 - P 2" Entergy Conduit, the unit price of One Dollar And Seventy Cents per linear foot 2200 LF S 10.00 �. 22 000.00 4000 SY $ 9.50 $ 38,000.00 4000 SY $ 900 S 36,000.00 0 SY $ 32.00 S 6 EA S 550.00 $ 3,300.00 100 TN $ 50.00 $ 5.000.00 100 TN $ 45.00 $4 60UO 250 TN $ 18.00 $ 4,500,00 500 LF $ 9.50 $ b.7 00.00 2 EA $ 550.00 $ 1,100.00 40 LF $ 4.00 S 160.00 3000 LF S 7.25 $ 21750.00 3000 LF $ 3.50 1 0 500.00 6000 LF $ 1.70 $ 10,200.00 37 - P 3" Entergy Conduit, the unit price of Two Dollars And Forty Cents 3000 LF $ 2.40 $ 7,200,00 per linear foot 38 - P 4" Entergy Conduit, the unit price of Two Dollars And Ninety Cents 6000 LF $ 2.90 S 17400.00 per linear foot 39 - P 6" Entergy Conduit, the unit price of Five Dollars And No Cents 6000 LF $ 5.00 $ 30.OW= per linear foot 40 - P Conc Pier & Street Light, the unit price of Three Thousand Five Hundred Dolls And No Cents 6 EA $ 3.500.00 $ 21,000.00 per each 41 -P Set Entergy Pedestals, the unit price of One Hundred Twenty Dollars And No Cents 4 EA $_ 120.00 -!B 480.00 per each 42 - P Set Entergy Transformer Pads, the unit price of One Hundred Ni nety Doi Isis And No Cents 6 EA $ 190.00 $ 1,140.00 per each 43 - P Furnish & Install 30" x 60" Pull Boxes, the unit price of Three Thousand One Hundred Dollars And No Gents 3 EA $ 3.100.00 ---- %3 D-00 per each 44 - P Furnish & Install 48" x 96" Pull Boxes, the unit price of FElayormThh9cussamnod Dollars And No Cent 3 EA $ 4,000.00 $ 12.000.00 per each 45 - P 3" PVC Schedule 40 Conduit, the unit price of Nine Dollars And No Cents 200 LF $ 9.00 $ 1,800.O0 per linear foot 46 - P 4" PVC Schedule 40 Conduit, the unit price of Nine Dollars And Fft Cents 200 LF $ 9.50 $ 1 9Do.0096p.06 per linear foot 47 - P 5" PVC Schedule 40 Conduit, the unit price of Ten Dollars An_d No Cep 200 LF $ 10.00 S� 2.D�D.00 per linear foot 48 - P Seed, Fertilizer & Mulch, the unit price of Two Thousand Dollars And No Cents 1.3 AC $ 2,000.00 $ 2.600.00 per acre 49 - P Compacted Crushed Stone Base Course (SB-2), 95% Mod. Proctor, in street crossings, full depth of trench, the unit price of Eighteen Dollars And No Cents 1000 TN $ 18.00 18,000,00 perton 50 - P Construct Frame Barricade, the unit price of Six Hundred Dollars And No Cents 1 EA $ 800.00 5 600.00 per each 51 -P Remove curb, the unit price of Eight Dolls MAnd No Cents 300 LF $ 8.00 $ 2,400.00 per linear fool 52 - P Remove Asphalt, the unit price of Fight Dollars And N0 Cents per square yard 53 - P 8' Walking Trail, the unit price of Twenty Two Dollars And Twee Four Cents per square yard 54 - P Entergy Differential Fifteen Thousand Dollars And No Cents per lump sum 55 - P Street Sweeping Nine Hundred Ninety Nine Doi lars And Fo Cen per lump sum SANITARY SEWER 1A - S 8" Pipe Sewer, 12' -14' Depth, the unit price of Fifty Two Dollars And No Cents per linear foot 1 - S 10" Pipe Sewer, 0'- 6' Depth, the unit price of Twenty Five Dollars And No Cents per linear foot 2 - S 10" Pipe Sewer, 6'- 8' Depth, the unit price of TwentV Six Dollars And No Cents per linear foot 3-8 10" Pipe Sewer, 8'- 10' Depth, the unit price of Thirty Two Dollars And Thirty Cents per linear foot 4 - S 10" Pipe Sewer, 10'- 12' Depth, the unit price of Thirty Six Dollars And Thirty Cents per linear foot 5 - S 10" Pipe Sewer, 12' -14' Depth, the unit price of Fifty Four Dollars And No Cents per linear foot 6 - S 10" Pipe Sewer, 14' -16' Depth, the unit price of Seventy Four Dollars And No Cents per linear foot 7 - S 10" CI.50 D.I.P. Sewer, 0'- 6' Depth, the unit price of Forty Five Dollars And No Cents per linear foot 8 - S 10" CI.50 D.I.P. Sewer, 6' - 8' Depth, the unit price of Forty Eiohl Dollars And No Cents per linear foot 9 - S 10" CI. 50 D.I.P. Sewer, 8'- IO'Depth, the unit price of Fifty Two Dollars And No Cents per linear foot 500 SY $ 8.00 S 4,000.00 2140 SY $ 22.24 45 7.593,60 100% LS 3 15,000.00 3 15.000.00 100% LS $ 999.40 $ 999.40 Subtotal Grading, Paving & Drainage $ 457,483.00 72 LF S 52.00 $--- 3.744-00 0 LF 5 25.00 $ - 0 LF $ 26.00 S 595 LF $ 32.30 $ 19,21 B.50 378 LF $ 36.30 $ 13.721.40 198 LF S 54.00 S 10.692= 702 LF $ 74.00 S 51,948.00 0 LF $ 45.00 $ 0 LF 3 48.00 $ - 0 LF $ 52.00 $ - 10 - S 10" CI.50 D.I.P. Sewer, 10' -12' Depth, the unit price of Fifty Six Dollars And Fifty Cents 0 LF $ 56.50 $ - perlinearfoot 11 - S 10" CI.50 D.I.P_ Sewer, 12' -14' Depth, the unit price of Seventy Two Dollars And No Cents 144 LF $ 72.00 $ 10,368.00 per linear foot 12 - S 10" CI.50 D.I.P. Sewer, 14' -16' Depth, the unit price of Ninety Two Dollars _And _No Cents 0 LF $ 92.00 S per linear foot 13 - S 10" CI.50 D.I.P. Sewer, 16' -18' Depth, the unit price of One Hundred Twelve Dollars And No Cents 432 LF $ 112.00 $ 48,384.00 per linear foot 14 - S Manholes, 0'- 6' Depth, the unit price of One Thousand One Hundred Dollars And No Cents 13 EA $ 1,100.00 $ 14,300.00 per each 15 - S Extra Depth in Manholes, the unit price of One Hundred Fifty Dollars And No Cents 76 LF $ 150.00 $ 11,400.00 per linear foot 16 - S Extra Trench Stone, the unit price of Eighteen Dollars And No Cents 500 TN $ 18.00 $ 9.000.00 per ton 17 - S Class B Concrete, the unit price of Four Hundred Dollars And No Cents 5 CY $ 400.00 $ 2,000.00 per cubic yard 18 - S Solid Sleeve Transition Coupling, the unit price of Three Hundred Eighty Dollars And No Cents 3 EA $ 380.00 $ 1,140.00 per each 19 - S Tap Existing Manholes, the unit price of Seven Hundred Dollars And No Cents 2 EA $ 700.00 $ 1,400.00 per each 20 - S Adjust Manholes to Grade, the unit price of Five Hundred Fifty Dollars And No Cents 2 EA $ 550.00 $ 1,100.00 per each 21 - S Construct Invert on Existing Main, the unit price of Five Hundred Fifty Dollars And No Cents 2 EA $ 550.00 $ 1,100.00 per each 22 - S Compacted, Crushed Stone Base Course, (SB-2) 95% Mod. Proctor, in Street Crossings Full Depth at Trench, the unit price of Eighteen Dollars And No Cents 1000 TN $ 18.00 $ 18,000.00 per ton 23 - S 18" Dia Bored Steel Encasement w! 10" CL 50 DIP Carrier Pipe, the unit price of Two Hundred Fifty Dollars And No Cents 200 LF $ 250.00 $ 50,000.00 per linear foot 24 - S Repair Sod, etc from bore, the unit price of Two Thousand Five Hundred Dollars And No Cents 1 EA $ 2,500.00 $ 2,500.00 per each 25 - S Asphalt Repair, Permanent Patch, the unit price of Fifty Five Dollars And No Cents 45 SY $ 55.00 $ 2,475.00 per each 26 - S Barricades and Traffic Control, the unit price of Four Thousand Dollars And_No Cents 1 EA $ 4,000.00 $ 4 00O0 00 per each 27 - S Drop Inlet, the unit price of One Thousand Two H undred Dollars A d o Cents 1 EA $ 1,200.00 $ 1.200,00 pereach 28 - S Sanitary Sewer Construction Layout & Observation Nineteen Thousand Nine Hundred Ninety Three Dollars And Ten Cenis 100% LS $ 19.993.10 $ '[9 993.]0 per lump sum Subtotal Sanitary Sewer $ 297.684.00 WATER MAINS 1 - W 12" Class 50 Ductile Iron Pipe (D.I.P.) Water Main, the unit price of Thi Nine Dollars And No Cents 2250 LF $ 39.00 83 7 T50�[10 per linear foot 2 - W Polywrap Water Main, the unit price of One Dollar And F' Cents 2250 LF $ 1.50 $ 3,375.00 per linear foot 3 - W 12" Butterfly Valve & Box, the unit price of Four Thousand Five Hundred Dollars And No Cents 1 EA $ 4.500.00 $ 4 500,00 per each 4 - W 16" x 12" Tapping Sleeve & Valve, the unit price of Five Thousand Five Hundred Dollars And No Cents 1 EA $ 5.500.00 S 5500.00 per each 5 - W Standard Fire Hydrant Assembly, the unit price of Three Thousand ❑ne Hundred Dollars And No Cents 4 EA $ 3.100.00 $ 12.400.00 per each 6 - W 2" Blow -off Assembly, the unit price of Five Hundred Fifty Dollars And No Cents 1 EA $ 550.00 % 550-00 per each 7 - W Mechanical Joint Cast Iron Fittings, the unit price of Three Dollars And N net Gents 2500 LB $ 3.90 S 9.750,00 per pound 8 - W Class "A" Concrete for Anchor Collars, the unit price of Four Hundred Dollars And No Cents 10 CY $ 400.00 S 4,000.00 per cubic yard 9 - W Class "B" Concrete for Thrust Blocks and Encasements, the unit price of Three Hundred Fift Dollars And No Cents 10 CY $ 350.00 S 3.500-04 per cubic yard 10 - W Extra Trench Stone, the unit price of Eighteen Dollars And No Cents 250 IN $ 18.00 S 4 5�04 per ton 11 - W Testing and Sterilization, the unit price of Three Thousand Dollars An is 100% LS $ 3,000.00 $ 3,000.00 per lump sum 12 -W Connection to Existing Main to Include FIII Connections and Sample Points, the unit price of One Thousand Two Hundred ppllaM And No Cents per lump sum 13 - W Compacted Crushed Stone Base Course (SB-2) 95% Mod. Proctor in Street Crossing Full Depth of Trench, the unit price of Eighteen Dollars And No Cents per ton 14 - W Asphalt Repair, Permanent Patch, the unit price of Fifty Five Dollars And No Cents per each 15 - W Gas Line Trenching in same Ditch as Water Main, the unit price of Three DaVars And Fifty Cents per linear foot 16 - W Watermain Construction Layout & Observation the unit price of Twelve,Thousand Sixty Four Dollars And No CentA per lump sum BOND 1 - B Performance and Payment Bond Seven Thousand Nine Hundfed Dollars And No Cents per lump sum 1 EA $ 1,200,00 $ 1,200.0 1000 TN $ 18.00 $ 18 000.00 30 SY $ 55.00 S 1.650,00 2250 LF $ 3,50 $ 7,075.00 100% LS $ 12,064.00 $ 12,064.00 Subtotal Water Mains $ 179,614.00 100% LS 3 7,900.00 $ 7.900.00 Subtotal Bond $ 7,900.00 Total Project: S 942,681.00