HomeMy WebLinkAboutS-01894-A ApplicationLeo Outlook
RE: Draft of Final Plat Approval - Lot 6, Tract B, The Middle
From Jay Whisker <Jay.Whisker@Irwra.com>
Date Wed 12/17/2025 3:09 PM �■
To Dan Havner <dhavner@joewhiteassociates.com> J w
Cc Tamara Gulley <tguffey@joewhiteassociates.com>; Terrian Tyler <Terrian.Tyler@lrwra.com> �
LRWRA has no objection to the final plat as shown.
Sincerely,
Jay Whisker, P.E., CFM
Manager Engineering Services (Developer Funded)
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501) 688-1452
www.Irwra.com
LITTLE ROCK
WaterReclamation
ONE WATER-
A411.71o!r1tyONE FUT....
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: Dan Havner <dhavner@joewhiteassociates.com>
Sent: Wednesday, December 17, 2025 1:37 PM
To: Jay Whisker <Jay.Whisker@lrwra.com>
Cc: Tamara Guffey <tguffey@joewhiteassociates.com>
Subject: RE: Draft of Final Plat Approval - Lot 6, Tract B, The Middle
We're about 41 feet from the sewer main. I have a copy of the plat attached showing the sewer main and
the existing easement.
Dan Havner
Survey Manager
JOE WHITE & ASSOCIATES, INC.
1. C=IVIL ENGIwFF.WNG-CON SU IV,GSER4ICIS-LAtuSUKV• .PING
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: THIE MIDDLE LOT 6 & TRACT B
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 Improvements remain uncompleted and a punch list has been prepared and sent.
Engineering Specialist Date:
ADDRESSING SPECIALIST REPORT
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. Work orders have been prepared for signage.
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Approved engineering drawings for streetlight system have been received and approved. Applicant is
responsible to furnish as -built drawings once streetlights have been installed.
Traffic Engineer Date:
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
As -built drainage plans in electronic form have been submitted.
All other requirements for final plat approval have been satisfied.
Civil Engineer I/II Date:
SURVEYOR REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
Surveyor Date:
hi Elt
All Civil Engineering requirements for filing this final plat have been satisfied.
Date:
Design Review Engineer/Civil Engineering Manager
Effective December 4, 2025
Outlook
Re: [External] FW: [External] Draft of Final Plat Approval - Lot 6, Tract B, The Middle
From Matthew A. Smith < Matthew.Smith@carkw.com >
Date Wed 12/17/2025 10:37 AM
To Tamara Gulley <tguffey@joewhiteassociates.com>
Cc Dan Havner <dhavner@joewhiteassociates.com>
Yes the plat is approved, sorry if I forgot to respond to that email. Happy Holidays!
From: Tamara Gulley <tguffey@joewhiteassociates.com>
Sent: Wednesday, December 17, 2025 10:11 AM
To: Matthew A. Smith <matthew.smith@carkw.com>
Cc: Dan Havner <dhavner@joewhiteassociates.com>
Subject: [External] FW: [External] Draft of Final Plat Approval - Lot 6, Tract B, The Middle
[CAUTION:], This email originated from outside of the CAW. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Good Morning Matthew
Did Dan's comment below address your concerns? If so, may we get an approval on the attached plat?
Tamara Gulley
Office Manager
JOE WHITE & ASSOCIATES, INC.
104,
■ Cn a. snarNEERi,c - CONULT ixa srRvitrs - LAND St+[tV• rMc,
*PLEASE NOTE OUR NEW MAILING ADDRESS
P.O. Box 241549
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.joewhiteassociates.corn
PHYSICAL ADDRESS
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
From: Dan Havner <dhavner@joewhiteassociates.com>
Sent: Thursday, December 4, 2025 3:29 PM
To: Tamara Gulley <tguffey@joewhiteassociates.com>; Matthew A. Smith <Matthew.Smith@carkw.com>
Subject: RE: [External] Draft of Final Plat Approval - Lot 6, Tract B, The Middle
It appears to be about 50 feet east of this project, but we'll definitely need to address it when we plat Lot
7 in the near future.
Dan Havner
Outlook
Re: [EXTERNAL EMAIL] Draft of Final Plat Approval - Lot 6, Tract B, The Middle
From Quinn Reynolds <greynolds@summitutilities.com>
Date Thu 12/4/2025 10:32 AM
To Tamara Guffey <tguffey@joewhiteassociates.com>
Cc Joni Bates <jbates@summitutilities.com>; Stephanie Gilchrist <sgilchrist@summitutilities.com>
Good Morning,
We have reviewed these plats and found that Summit Utilities does not have any objection to the
changes.
Thanks,
mmit
Quinn Reynolds
Associate Engineer I Central AR Region
1.501.410.3313
greynolds sumrnitutilites.com
From: Stephanie Gilchrist <sgilchrist@summitutilities.com>
Sent: Wednesday, December 3, 2025 9:35 AM
To: Tamara Gulley <tguffey@joewhiteassociates.com>; Quinn Reynolds <greynolds@summitutilities.com>
Cc: Joni Bates <jbates@summitutilities.com>
Subject: RE: [EXTERNAL EMAIL] Draft of Final Plat Approval - Lot 6, Tract B, The Middle
Good morning,
My colleague Quinn Reynolds will be handling these reviews going forward.
Best Regards,
Stephanie Gilchrist
ummit
Stephanie C. Gilchrist
Gas Engineer
Arkansas/Oklahoma Region
479.629.4193
sg i Ich ri st@su m m ituti I ities. com
From: Tamara Gulley <tguffey@joewhiteassociates.com>
Sent: Wednesday, December 3, 2025 9:28 AM
L-°" Outlook
RE: Draft of Final Plat Approval - Lot 6, Tract B, The Middle
From Vance, Brad <BVANCE1 @entergy.com>
Date Thu 12/4/2025 7:26 AM
To Tamara Gulley <tguffey@joewhiteassociates.com>
Entergy approves.
Thanks,
Brad Vance
Entergy Arkansas, LLC. — Lead Distribution Designer
Office: 501-954-5162
9 Entergy Ct, Little Rock, AR 72211
entergy
ARKANSAS
From: Tamara Gulley<tgufFey@joewhiteassociates.com>
Sent: Wednesday, December 3, 2025 9:28 AM
To: CENHRT-South Little Rock Construction comcast.com; Jay Whisker <jay.whisker@Irwra.com>; Matthew A.
Smith <matthew.smith@carkw.com>; Stephanie Gilchrist <sgilchris# summitutilities.com>; Henderson, Jeremy
<jhende9 entergy.com>; GURLEY, JOHN CURTIS <jg0866@att.com>
Cc: Harper, Vance <vha ri3e [@ littlerock.gov>; Dan Havner<dhavner@joewhiteassociates.com>; Jacob White
<jacobwhite@joewhiteassociates.co►n>; Hanna, Arsanious M. <ahanna littlerock.gqv>
Subject: Draft of Final Plat Approval - Lot 6, Tract B, The Middle
HIGH RISK; UNTRUSTED EXTERNAL. SENDER. DO NOT click links, or
open attachments, if sender is unknown, or the message seems suspicious
in any ,A?ay9 DO NOT provide your laser ID or Password.
Attached for your review is the draft of the final plat of Lot 6, Tract B The Middle, an addition to the City of Little
Rock.
Can you please review and email back your comments by Wednesday, December 17th?
Questions may be directed to Dan Havner dhavner@joewhiteassociates.corr,
Thank you so much.
Tamara Gulley
Outlook
FW: Draft of Final Plat Approval - Lot 6, Tract B, The Middle
From GURLEY, JOHN CURTIS <JG0866@att.com>
Date Wed 12/3/2025 9:41 AM
To Tamara Guffey <tguffey@joewhiteassociates.com>
1 1 attachment (568 KB)
Final Plat_Lot6_TractB_prelimdraft.pdf;
AT&T approves the final plat as shown in the attached file.
John Gurley
MGR OSP Engineering
AT&T Arkansas
501-707-8223
From: Tamara Guffey <tguffey@joewhiteassociates.com>
Sent: Wednesday, December 3, 2025 9:28 AM
To: CENHRT-South_ Little_ Rock_ Construction@comcast.com; Jay Whisker <jay.whisker@lrwra.com>; Matthew A.
Smith <matthew.smith@carkw.com>; Stephanie Gilchrist <sgilchrist@summitutilities.com>; Henderson, Jeremy
<jhende9@entergy.com>; GURLEY, JOHN CURTIS <JG0866@att.com>
Cc: Harper, Vance <vharper@littlerock.gov>; Dan Havner <dhavner@joewhiteassociates.com>; Jacob White
<jacobwhite@joewhiteassociates.com>; Hanna, Arsanious M. <ahanna@littlerock.gov>
Subject: Draft of Final Plat Approval - Lot 6, Tract B, The Middle
Attached for your review is the draft of the final plat of Lot 6, Tract B The Middle, an addition to the City of Little
Rock.
Can you please review and email back your comments by Wednesday, December 17th?
Questions may be directed to Dan Havner dhavner@joewhiteassociates.com
Thank you so much.
Tamara Guffey
Office Manager
JOE WHITE & ASSOCIATES9 INC.
o CIYi4EI+GINEERI�G-00V5VLT[N)GSERVICES - LAND SURVEYING
*PLEASE NOTE OUR NEW MAILING ADDRESS PHYSICAL ADDRESS
P.O. Box 241549 25 Rahling Circle, Suite A-2
i Outlook
RE: Draft of Final Plat Approval - Lot 6, Tract B, The Middle
From Collins, Jesse <Jesse_Collins@comcast.com>
Date Wed 12/3/2025 9:45 AM
To Tamara Guffey <tguffey@joewhiteassociates.com>; [CENHRT-South Little Rock Construction] <CENHRT-
South_Little_Rock_Construction@comcast.com>; Jay Whisker <jay.whisker@lrwra.com>; Matthew A. Smith
<matthew.smith@carkw.com>; Stephanie Gilchrist <sgilchrist@summitutilities.com>; Henderson, Jeremy
<jhende9@entergy.com>; GURLEY, JOHN CURTIS <jg0866@att.com>
Cc Harper, Vance <vharper@littlerock.gov>; Dan Havner <dhavner@joewhiteassociates.com>; Jacob White
<jacobwhite@joewhiteassociates.com>; Hanna, Arsanious M. <ahanna@littlerock.gov>
Comcast is good
Jesse Collins
Comcast Cable
Construction Manager 1
Little Rock AR, Monroe La, Shreveport La.
Little Rock Arkansas
Mailing Address
2714 S. Shackleford Rd.
Little Rock Ar. 72205
Cell: 501-353-8448
Jesse _collin @cabie.comcast.com
From: Tamara Guffey <tguffey@joewhiteassociates.com>
Sent: Wednesday, December 3, 2025 9:28 AM
To: [CENHRT-South Little Rock Construction] <CENHRT-South_Little_Rock_Construction@comcast.com>; Jay
Whisker <jay.whisker@lrwra.com>; Matthew A. Smith <matthew.smith@carkw.com>; Stephanie Gilchrist
<sgilchrist@summitutilities.com>; Henderson, Jeremy <jhende9@entergy.com>; GURLEY, JOHN CURTIS
<jg0866@att.com>
Cc: Harper, Vance <vharper@littlerock.gov>; Dan Havner <dhavner@joewhiteassociates.com>; Jacob White
<jacobwhite@joewhiteassociates.com>; Hanna, Arsanious M. <ahanna@littlerock.gov>
Subject: [EXTERNAL] Draft of Final Plat Approval - Lot 6, Tract B, The Middle
Attached for your review is the draft of the final plat of Lot 6, Tract B The Middle, an addition to the City of Little
Rock.
Can you please review and email back your comments by Wednesday, December 17th?
Questions may be directed to Dan Havner dhavner ftewhiteassociates.com
Thank you so much.
Tamara Guffey
Office Manager
i? Outlook
FW: Draft of Final Plat Approval - Lot 6, Tract B, The Middle
From Dan Havner <dhavner@joewhiteassociates.com>
Date Mon 12/8/2025 3:45 PM
To Tamara Gulley <tguffey@joewhiteassociates.com>
8 1 attachment (33 KB)
The Middle Lot 6 Plat Sign Off.pdf;
Dan Havner
Survey Manager
JOE WHITE & ASSOCIATES INC.
i! Cs<']I. E Gl1Fi RItiG (Uticl 1 1 ING Sr.9VICFS - IAM) Sl1k►•F5-lKG
*PLEASE NOTE OUR NEW MAILING ADDRESS
P.O. Box 241549
Little Rock, AR 72223
Office: (501) 214-9141
Website: www.ioewhiteassociates.com
PHYSICAL ADDRESS
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
From: Harper, Vance <VHarper@littlerock.gov>
Sent: Monday, December 8, 2025 3:45 PM
To: Dan Havner <dhavner@joewhiteassociates.com>
Cc: Moore, Monte <MMoore@littlerock.gov>
Subject: RE: Draft of Final Plat Approval - Lot 6, Tract B, The Middle
Please see attached sign off for The Middle Lot 6 and tract B.
Let me know if you need anything.
Vance
Vance Harper
Civil Engineer I
Department of Public Works
0:501-399-3496
VHarper@littlergLk.gov
This Instrument Pre ared B :
Michael B. Childers, P.A.
Friday, Eldredge & Clark LLP
400 W. Capitol Ave., Ste. 2000
Little Rock, AR 72201
Illllll�lll�lll�llll 11 IIIIIIIIflI 111 2025070514
PRESENTED: 12-23-202511:26:00 AM RECORDED: 12-23-202511:30:40 AM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $100.00
,4t11111u``111r1 ����..
R1�4i S G R
'
s i"�iat• spy
"r�'Ay�ry�`�4~r
AMENDED AND RESTATED ,era..,t.<<
DECLARATION OF COVENANTS AND RESTRICTIONS `'""'°'10
THE MIDDLE OF WLR, LLC
TO THE PUBLIC
This AMENDED AND
RESTRICTIONS ("Declaration")
MIDDLE OF WLR, LLC, a
"Developer").
n
RESTATED DECLARATION OF COVENANTS AND
is made this 16th day of December , 2025 by THE
Arkansas limited liability company (hereinafter called
WITNESSETH:
WHEREAS, Developer is the present owner of the real property located in Pulaski County,
Arkansas, more particularly described on Exhibit A attached hereto (the "Phase I Property"),
which Developer caused to be submitted to that certain Declaration of Covenants and Restrictions
recorded December 4, 2024 in the office of the Circuit Clerk of Pulaski County, Arkansas as
Instrument No. 2024063100 (the "Original Declaration") in connection with the coordinated
development with common facilities and amenities of the initial phase of a commercial real estate
development commonly known as "The Middle" located in Little Rock, Arkansas;
WHEREAS, Developer is the present owner of the real property located in Pulaski County,
Arkansas, more particularly described on Exhibit B attached hereto and as hereinafter defined (the
"Phase H Property");
WHEREAS, Developer presently intends to develop the Phase I Property and Phase II Property
(collectively, the "Property"), or cause the Property, and any additional property added by
Developer pursuant to Article 2 hereof, to be developed over an extended period of time and in
stages as described in the Original Declaration, and Developer further desires to supplement the
Original Declaration to add the Phase II Property and to amend and restate the Original Declaration
in its entirety;
WHEREAS, portions of the Property shall be subdivided from time to time into building lots,
tracts, and streets as shown on Plats (hereinafter defined) filed in conjunction with the Original
Declaration or with this Declaration, or any supplements thereto, and that such subdivided property
shall be held, owned, and conveyed subject to the terms, conditions, and protective covenants
contained in this Declaration and in such Plats;
WHEREAS, Developer may provide open spaces, greenbelts, gardens, walkways, pathways,
lakes, entry features, shared signage, and other facilities for the use, enjoyment and benefit of all
of the owners and their customers, invitees and permittees in those portions of the Property actually
developed;
WHEREAS, Developer desires to promote a common plan for the enhancement of the amenities
and resources on and about the Property; and
WHEREAS, Developer deems it desirable to create The Middle of WLR Property Owners
Association, Inc., an Arkansas nonprofit corporation (the "Association"), to own, maintain, and
administer the Common Properties (as hereinafter defined), to administer and enforce the
Covenants and Restrictions (as hereinafter defined) imposed on the property to which the
Covenants and Restrictions are made applicable, and to collect, hold, and disburse the charges and
assessments hereinafter provided for, all in order to protect and enhance the value of the buildings
and lots, and in order to ensure the enjoyment of the Common Properties; by reason of such
ownership and this Declaration become a member of the Association and become by ownership
subject to the rules, regulations and assessments made by the Association.
NOW, THEREFORE, Developer declares that the Property which is made subject to this
Declaration pursuant to Article 2 hereof shall now and hereafter be held, transferred, sold,
conveyed, owned and occupied subject to the Covenants and Restrictions hereinafter set forth, and
all additional Covenants and Restrictions in supplemental Plats and Declarations, all of which are
for the purpose of enhancing, preserving and protecting the value, desirability, resources,
commercial usefulness, beauty and attractiveness of such Property. Such Covenants and
Restrictions are part of, and constitute a unified, interdependent plan for ownership, use,
maintenance, and development.
These Covenants and Restrictions shall run with the land, and shall be binding on all parties
having or acquiring any right, title, or interest in such Property or any part thereof and shall inure
to the benefit of each Owner thereof. These Covenants and Restrictions shall be filed in the
permanent real estate records of the Office of the Circuit Clerk and Recorder of Pulaski County,
Arkansas, and such filing shall constitute notice to the world of the existence and binding nature
of these Covenants and Restrictions. Each and every deed of conveyance for any lot or tract in The
Middle describing the same by the descriptions, number or numbers as shown on the filed Plat for
such property shall always be deemed a sufficient description thereof.
ARTICLE 1
DEFINITIONS
The following terms, when used in this Declaration, unless the context clearly indicates to the
contrary, shall have the following meaning:
A. "Association" shall mean and refer to The Middle of WLR Property Owners Association, Inc.,
a nonprofit Arkansas corporation, its successors and assigns.
B. "Common Properties" shall mean and refer to those areas of land and easements, together
with all structures and facilities now or hereafter constructed thereon, conveyed or to be conveyed
2
to the Association, or which the Association is obligated to maintain, which shall be devoted to
the common use and enjoyment of the Owners of the Property, such as, but not necessarily
including or limited to, the following: green spaces, greenbelts, open spaces, walkways, sidewalks,
multi -use roads, trails and paths, lakes, water control structures, entry features, shared or common
signage, common storm water detention facilities, landscaping, irrigation lines, facilities and
equipment, sales offices used by Developer (if any), gateways, gardens and other ornamental areas
accessible by all Owners.
C. "Covenants and Restrictions" shall mean and refer to all covenants, restrictions, easements,
charges, and liens set forth in this Declaration or set forth on the Plats and Bills of Assurance
recorded in conjunction with the subdivision and development of the Property.
D. "Developer" shall mean and refer to The Middle of WLR, LLC, a limited liability company
established under the laws of the State of Arkansas, its successors and assigns. No Owner, by
virtue of receiving a deed to any Lot from Developer, shall be deemed a successor or assign of
Developer, unless and only to the extent Developer expressly assigns its rights under this
Declaration to such Owner.
E. "Development Documents" shall mean and refer to the Articles of Incorporation of the
Association, the Bylaws of the Association, and all Plats, bills of assurance (if any), and Covenants
and Restrictions applicable to the Property.
F. "Development Plan" shall mean and refer to the plan or plans as proposed, amended, or
changed from time to time, by Developer for the development of the Property and any additional
.property added.to jurisdiction. of -the Association pursuant .to Article 2 of this Declaration.
G. "Lot" shall mean and refer to each platted lot subdivided by filed Plat intended for and suitable
for construction of a structure prior to the commencement or completion of construction on such
lot located on the Property, or otherwise subject to the jurisdiction of the Association, but shall not
include any part of the Common Properties or dedicated streets.
H. "Manager" shall mean and refer to any Person or Persons with whom the Association contracts
for the day-to-day administration and operation of the Common Properties.
I. "Owner" shall mean and refer to the record owner, whether one or more Persons, by purchase,
transfer, assignment, devise or foreclosure of a fee or undivided fee interest in any portion of the
Property, or any later added property which may hereafter come under the definition of Property
pursuant to this Declaration, but excluding those having an interest merely as security for the
performance or payment of an obligation.
J. "Person" shall mean and refer to any natural person, corporation, partnership, limited
partnership, limited liability company, joint venture, association, trust or any other- such entity.
K. "Plat" shall mean and refer to each subdivision plat or replat, as the case may be, duly approved
by the City of Little Rock, Arkansas that establishes the Lots in accordance with applicable legal
requirements.
3
L. "Property" shall mean and refer to the real property described on Exhibit A and Exhibit B
attached hereto and made a part hereof, which includes both the Phase I Property and the Phase II
Property, and as further defined in Article 2 hereof, which is now or may hereafter be made a part
of The Middle, an Addition to the City of Little Rock, including any additional real property which
may be added to the jurisdiction of the Association pursuant to the provisions of Article 2, Section
2 of this Declaration.
M. "Commercial Purposes" shall mean and include activities of the Association and its members,
such as maintaining, repairing and restoring Common Properties, providing for common marketing
efforts, safety and security activities, traffic control, parking control, access for customers,
permittees and invitees to the businesses located at The Middle, and such other activities as may
be delineated by the Board of Directors of the Association from time to time.
ARTICLE 2
PROPERTY SUBJECT TO DECLARATION
Section 1. Property Covered by this Declaration. The real property described on Exhibit A and
Exhibit B shall be held, transferred, sold, conveyed and occupied subject to this Declaration.
The Property may consist of platted or unplatted land which may be subsequently platted by
Developer as it deems appropriate.
Section 2. Additional Property Subject to This Declaration. From time to time, Developer
may subject additional real property to the jurisdiction of this Declaration and to the definition
contained herein of "Property", whether or not such additional property is -described on Exhibit A
or Exhibit B, without the consent or approval of the Owners, the members of the Association, or
the Board of Directors of the Association. Developer may, prior to platting, delete property from
Exhibit A and/or Exhibit B. Developer's exclusive right to subject additional lands to the
jurisdiction of this Declaration and to the definition of "Property" contained herein, or to delete
property, shall be assignable, in full or in part, to a successor developer or to the Board of Directors
of the Association upon the express assignment thereof in writing by Developer. All additions and
inclusions of additional land hereunder shall be effective upon Developer's executing and filing
for record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, a
supplemental Declaration describing the additional property which is to become part of the
Property and stating that this Declaration does thereafter bind and apply to such additional
property. Deletions shall be made by filing a supplemental Declaration describing the property
which is to be deleted.
Notwithstanding anything contained herein to the contrary, this Declaration does not create any
charge, lien or encumbrance on any property, unless, if and until such property is subjected hereto .
by Plat and supplemental Declaration in the manner contemplated hereby and then only from that
time forward. Upon the platting of such property, the jurisdiction, functions, duties and benefits of
membership of the Association shall automatically be extended to the platted lands. Property shall
not be subject to assessment until platted and subdivided by filing made in the real property
records.
9
Section 3. All Owners Bound. All Property bears the burden and enjoys the benefits of this
Declaration. All Owners shall be deemed by reason of taking record title to a portion of the
Property to agree to all of the terns and provisions of this Declaration.
Section 4. Additions Limited to Developer. Unless Developer consents in writing, no one other
than Developer may subject additional lands to this Declaration or extend the benefits of the
Association to any person except those described herein.
ARTICLE 3
THE ASSOCIATION, AUTOMATIC MEMBERSHIP
AND VOTING RIGHTS THEREIN
Section 1. The Association. Developer has caused to be formed and incorporated under the laws
of the State of Arkansas, pursuant to Articles of Incorporation filed with the Arkansas Secretary
of State a nonprofit Arkansas corporation entitled The Middle of WLR Property Owners
Association, Inc.
Section 2. Membership. The Association is a mandatory association whereby every Owner is
and shall automatically be a member of the Association; provided, however, that any Person who
holds an interest in the Property merely as security for the performance or payment of an obligation
shall not be a member of the Association.
Section 3. Governance. The Association shall be governed by its Articles of Incorporation and
Bylaws.
Section 4. Voting Rights. With respect to the election of members of the Board of Directors of
the Association, for the Developer Control Period, as defined in the Bylaws of the Association or
so long as Developer owns an interest in any Lot, either directly or through an entity in which the
Developer is an owner, whichever is shorter, the Developer shall be entitled to appoint all of the
members of the Board of Directors of the Association, as provided in the Association's
organizational documents.
If at any time the Developer determines in its sole discretion that it wishes to terminate its right to
appoint all of the Directors of the Association as provided above, the Association shall have two
classes of memberships as provided in the Bylaws, to wit:
A. Class A. Class A members shall all be Owners, with the exception of Developer. Each
owner shall be entitled to one (1) vote for each Lot in which the Owner holds the
interest required for membership by Section 2 of this Article and upon which the Owner
shall not be delinquent in the payments of assessments; provided, however, when more
than one person holds such interest or interests in any Lot, all such persons shall be
members and the vote for such Lot shall be exercised as they among themselves shall
determine, but in no event shall more than one (1) vote be cast with respect to any such
Lot.
B. Class B. Developer shall be the sole Class B member. Such member shall be entitled
to three (3) memberships, and three (3) votes, for each lot in which it holds an interest
5
and three (3) memberships, and three (3) votes, for each one -fifth (115) acre of unplatted
land owned, under contract, or under option, by Developer and planned for inclusion
in THE MIDDLE OF WLR, an Addition to the City of Little Rock, including unplatted
land described on Exhibit A or hereafter added thereto in accordance with this
agreement. Class B memberships shall cease and be converted to Class A memberships
upon the happening of any of the following events, whichever occurs earlier:
1. When the total votes outstanding in the Class A membership equals the total
votes outstanding for the Class B memberships.
2. December 31, 2033.
3. When Developer files an election to terminate the Class B memberships.
ARTICLE 4
THE COMMON PROPERTIES; THE DEVELOPER'S DUTY TO CONVEY;
MEMBERS' RIGHTS IN THE COMMON PROPERTIES
Section 1. Conveyance of Common Properties. Developer hereby covenants with the
Association to convey to the Association, and the Association covenants with Developer to accept,
at such time as Developer deems appropriate after the property is developed and finally platted,
that property designated as common areas, water detention structures, protected greenbelt buffers,
trails, access areas, sanctuaries, common signage, or other common areas as shown and described
on Plats of the Property. In addition, Developer shall convey such other real property and assets
as it may deem to be in the best. interest of the Association for the use and enjoyment of the
members of the Association, and Developer may assign to the Association any contractual or any
other rights it may have which Developer, in its sole discretion, determines would be of benefit to
the Association for the continued enjoyment and security of the Owners with respect to the
Property and the Common Properties. Developer may convey certain property, such as floodway,
to governmental entities in order to meet the requirements of such entities.
.Developer covenants and agrees with the Association that any conveyance of land to the
Association shall be made by quitclaim deed and subject to the easements, covenants and
provisions of this Declaration.
Upon request of Developer, the Association may agree to waive the obligations of Developer
pursuant to this Section 1 by affirmative vote of the holders of fifty percent (50%) or more of the
votes of the memberships in the Association then entitled to vote, excluding Developer's
memberships, if such waiver is in accordance with the zoning ordinances applicable to the
Property.
Section 2. Member's Easements of Enjoyment. Every member of the Association shall have a
common right and easement of enjoyment in and to the Common Properties, including but not
limited to a non-exclusive right of ingress and egress and a non-exclusive right to use the Common
Properties for Commercial Purposes, which shall be appurtenant to and shall pass with the title to
all portions of the Property, subject to the following provisions:
A. The right of the Association to impose reasonable rules and limitations for the use of the
Common Properties, including the right to charge fees for such use;
B. The right of the Association to suspend the voting rights and right to the use and enjoyment
of the Common Properties and related facilities by any member for any period during
which any assessment remains unpaid by such member and for such period as it considers
appropriate for any infraction of its published rules and regulations;
C. The right of the Association to dedicate or transfer all or any part of the Common Properties
to any public agency, authority, or utility, for such purposes -and subject to such conditions
as it shall deem necessary or desirable for the proper servicing and maintenance of the
Common Properties;
D. Applicable zoning ordinances, governmental rules and regulations;
E. The right of the Association -to take such steps as are reasonably necessary to protect the
Common Properties against foreclosure; and
F. The right of Developer to impose reasonable Covenants and Restrictions and general rules
in respect to such Common Properties, in addition to those set forth herein, at the time of
conveyance of such property to the Association, and such restrictions and covenants are
hereby incorporated by reference and made a part of this Declaration.
Section 3. Extension of Rights and Benefits. Every member of the Association shall have the
right to extend the right and easement of enjoyment under this Article 4 to the Common Properties
to customers, peimittees, invitees and tenants under written leases as may be permitted by the
Association's Board of Directors, subject at all times to the limitations shown on the Plat or Plats
for such Common Properties and further subject to the reasonable rules and regulations imposed
by the Directors of the Association.
ARTICLE 5
ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner, by
acceptance of a deed or other conveyance of any portion of the Property, shall be deemed to
covenant and agree to pay to the Association: (a) annual assessments and charges, and (b) special
assessments. Such annual and special assessments shall be fixed, established and collected from
time to time as set forth in the Bylaws of the Association. The annual and special assessments,
together with such interest thereon and cost of collection thereof as provided in the Bylaws, shall
be a charge on the land, shall be a continuing lien upon the property against which each such
assessment is made, and shall also be the personal obligation of the Person who is the record Owner
of the property at the time the assessment fell due.
Section 2. Subordination.
A. The lien of the assessments provided for herein shall be subordinate to the lien of any first
mortgage placed on any such Lot in connection with its purchase, development or
7
refinancing. Sale or transfer of any property subject to the charges and liens herein created
shall not affect any preexisting assessment lien, except in the case of a sale or transfer of
any Lot pursuant to the foreclosure of a purchase money first mortgage, or any bona fide
proceeding in lieu thereof, which proceedings shall extinguish the lien of such assessments
as to payments which became due prior to such sale or transfer. The Association shall have
the right to foreclose its lien or obtain judgment for assessments due in such foreclosure
suit. No such sale or transfer shall relieve the subject property from liability for any
assessments thereafter becoming due or from the continuing lien thereof. The board shall
notify the first mortgagee, upon request, of any default in the performance by the individual
Owner of any obligation under this Declaration or the Development Documents which is
not cured within sixty (60) days after the due date.
B. The subordination created herein is merely a subordination and shall not relieve the Owner
of the personal obligation to pay all assessments and charges arising or coming due while
the Owner owns such property; and no sale or transfer of such property to the mortgagee
or to any other Person pursuant to a decree of foreclosure shall relieve any existing or
previous Owner of the personal obligation for any assessments or charges authorized in
this Declaration.
Section 3. Exempt Property. Common Properties, properties dedicated to the public or any
political subdivision, or for public use, and Property which is not yet platted and subdivided shall
be exempt from assessment by the Association.
ARTICLE 6
ARCHITECTURAL CONTROLS
Section 1. Designation of Architectural Control Committee. The Association shall have an
Architectural Control Committee, consisting of at least three (3) and not more than five (5)
members who shall all be natural persons. The members of the Architectural Control Committee,
and all vacancies, shall be appointed by Developer so long as Developer shall own at least ten
percent (10%) in area of the Property. Once Developer no longer owns at least ten percent (10%)
of the Property, the members of the Architectural Control Committee, and all vacancies, shall be
appointed by the Board of Directors of the Association.
Section 2. Function of Architectural Control Committee. No building, fence, wall, parking
area, driveway, swimming pool, satellite dish, pole, flag pole, lake, pond, water feature, fountain,
statue, work of art, drainage facility, sports court, antenna, playground, playground equipment,
climbing apparatus, awning, satellite dish, electronic transmitter or receiver, dumpster pad or
related screening structure, or other structure or improvement shall be commenced, erected, or
maintained, and no alteration or repainting in a different color or style to the exterior of any of the
above shall be made and no significant landscaping performed upon the Property, nor shall any
exterior addition to or change therein be made unless complete plans, specifications, and site plans
showing the exterior design, nature, kind, shape, height, color scheme, building materials, and
location of the same, the location and size of driveways, the general plan of landscaping, facing of
such improvements with respect to existing topography, fencing, walls and windbreaks, grading
plan, and any other requested materials shall have been submitted to and approved in writing by
the Architectural Control Committee. This provision shall not apply to Developer in the
9
construction or maintenance of landscaping, ponds, storm water detention areas, patios, fencing,
shared signage, or other improvements which it undertakes in the Property and Common
Properties.
Section 3. The Basis of Approval. The Architectural Control Committee shall evaluate all
submissions on the individual merits of each application, subject to such site development and
architectural guidelines which the Committee may from time to time adopt. The site development
and architectural guidelines may change from time to time, but they shall be at all times in
conformity with, and be subject to, the covenants, restrictions and requirements of this Declaration.
Approval of plans and specifications shall be based on, among other things, adequacy of site
dimensions, structural design, conformity and harmony of external design and of location with
neighboring structures and sites, conformity with and preservation of existing landscape, relation
of finish grades and elevations to neighboring sites, and conformity to both the specific and general
intent of the protective covenants. The plans and specifications to be submitted and approved must
include the following:
A. A topographical plat showing existing contour grades, the location of all improvements,
including structures, walks, driveways, fences, walls, patios, decks, dumpster
enclosures, and signage.
B. Exterior elevations.
C. Exterior materials, colors, textures, and shapes.
D. Structural design plan.
E. Landscaping plan.
F. Driveway plan.
G. Utility connections.
H. Exterior illumination locations.
Section 4. Architectural Guidelines. The Architectural Control Committee may establish certain
site development and architectural guidelines. All plans and specifications will be evaluated under
the site development and architectural guidelines then in force and effect. The Architectural
Control Committee may approve exceptions and variances to the site development and
architectural guidelines then in force by a majority vote. The current site development and
architectural guidelines shall be available for inspection by all Owners at the office of the
Association.
Section 5. Action by Committee. A majority vote of the Architectural Control Committee shall
be required for the approval or disapproval of said plans and specifications; provided, however,
that the Committee may designate a single member to approve or disapprove such plans and
specifications. In the event said Committee or its designee fails to approve or disapprove any such
plans and specifications within thirty (30) days after said plans and specifications have been
submitted to it, approval shall be deemed to be granted and compliance with this Article shall be
presumed. Nothing herein contained nor shall the required consent of the Architectural Control
Committee in any way be deemed to prevent any of the Owners of the Property from maintaining
any legal action relating to improvements within the Property which they would otherwise be
entitled to maintain. There shall be no separate compensation to Developer for architectural review
services to be performed pursuant to this provision. The Developer may be compensated for any
other services rendered.
0
Section 6. Limitation on Liability. Under no circumstances shall the Developer, the Architectural
Control Committee, the Association, the Manager or their respective agents, employees, members
or directors ever be liable to any Person for any action or failure to act, for negligence, mistakes,
misfeasance or malfeasance in connection with the performance of any of the duties of the
Architectural Control Committee.
ARTICLE 7
GENERAL
Section 1. Duty of Maintenance. All Owners and occupants (including lessees, tenants, contract
buyers, builders and construction workers) of any part of the Property shall jointly and severally
have the duty and responsibility, at their sole cost and expense, to keep the exterior portion of the
Property which is owned, occupied, or used by the Owners, including buildings, improvements,
structures, and grounds, in a well -maintained, safe, clean and attractive condition at all times.
Maintenance includes, but is not limited to, the following:
A. Prompt removal_ of all trash, litter, refuse, yard waste, debris, unused building materials,
dead trees, shrubs and other plants, and waste.
B. Lawn mowing.
C. Tree and shrub pruning.
D. Watering of landscape.
E. Keeping exterior lighting and mechanical facilities in working order.
F. Keeping lawn and garden areas alive, free of weeds, and attractive.
G. Keeping parking areas, driveways, alleyways, and roads in good repair.
H. Complying with all governmental, health, and police requirements.
I. Repainting, cleaning and maintaining the exterior of improvements when necessary.
J. Repairing damages to exterior of improvements.
Section 2. Enforcement. If, in the opinion of the Board of Directors of the Association, any Owner
or occupant has failed in any of the foregoing duties or responsibilities, then the Board of Directors
or its designee may provide written notice of such failure, giving the Owner or occupant at least
ten (10) days from receipt of such notice to perfoiin or initiate and continuously pursue the care
and maintenance required. Should any such person fail to fulfill this duty and responsibility within
the ten (10) day period, then the Association, through its authorized agent or agents, shall have the
right and power to bring an action to compel compliance, and/or enter onto the premises and
perform needed care and maintenance without any liability for damages for wrongful entry,
trespass, or otherwise to any person whatever. The Owner of any part of the Property on which
work is performed by the Association shall be personally liable for the cost of the work and shall
promptly reimburse the Association for all such cost. If the Association has not been reimbursed
within thirty (30) days after invoicing such amount to the respective Owner, the indebtedness shall
be a debt of such delinquent Owner and shall constitute a lien against said Owner's Lot. This lien
shall have the same attributes as the lien for assessments and special assessments set forth in Article
5 herein, and the Association shall have identical powers and rights in all respects, including but
not limited to the right of foreclosure.
Section 3. Common Scheme Restrictions. In accordance with the maintenance requirements
imposed on the Owners and occupants hereunder, the following restrictions are also imposed with
10
regard to the Property and Common Properties for the benefit of each of the Property and Common
Properties and may be enforced by the Association or the Owners of any of the Property through
any remedy available at law or in equity:
A. No garbage, refuse, rubbish, tree limbs, pine straw, leaves, -or cuttings shall be
deposited on any street, road, or upon any of the Common Properties. No disturbance
of any kind, including grading, digging. filling, removal of trees or vegetation, dumping
or storage of materials will be permitted in the common areas. The Association may
levy fines upon any person violating this covenant, the amount of such fine being
determined by the Association. Any fine not paid within twenty (20) days shall
constitute a lien against the lot of the offending owner.
B. No building material of any kind or character shall be placed upon any of the Property
except in connection with construction approved by the Architectural Control
Committee. Construction shall be promptly commenced and diligently prosecuted. All
construction sites must be kept clean and orderly, free of trash, construction waste and
scrap materials.
C. Service yards and storage areas shall be allowed only if located so as not to be visible
from a street, road, or any of the Common Properties.
D. Any exterior lighting installed on any. Lot or on any of the Property shall either be
indirect or of such controlled focus and intensity as not to disturb neighboring Owners
or. adjoining Property.
E. Except for subdivision identification signs and informational, interpretive or directional
signs placed by the Developer or Association, no signs, posters, plaques, address
markers, or communications of any description shall be placed on the exterior of any
structure or placed or permitted to remain on any part of the Property or Common
Properties unless previously approved by the Architectural Control Committee.
F. In addition to all other limitations, subdivision rules and regulations, all commercial
signs located on any Lot shall comply with municipal ordinances and be located only
in areas designated and shown on the Plat.
G. Except for authorized maintenance vehicles, no motor vehicles of any type shall be
allowed on the pedestrian walkways, sidewalks or other pedestrian areas as designated
on the Plats.
H. No inoperative, disassembled or junk vehicle of any kind, no trailer, camper,
recreational vehicle, camp truck, house trailer, boat, or other machinery or equipment
(except machinery and equipment as may be reasonable and customary in connection
with the use and maintenance of any improvements located upon the Property and
except for such equipment and machinery as the Association may require in connection
with the maintenance and operation of the Common Properties) shall be kept upon the
Property. This restriction shall not apply to vehicles, trailers, boats, machinery,
equipment or the like stored and kept within an enclosed storage room or garage
attached to the primary structure on a Lot. Commercial vehicles used in connection
11
with the operation of a business on a Lot may be stored on the Lot in accordance with
such rules and regulations as the Association may adopt. The Association may, in the
discretion of its Board of Directors, consider whether to provide and maintain a suitable
area designated for the parking of such vehicles. No business shall use any common
area for the parking of vehicles except as overflow parking on an emergency basis,
which shall not include routine, recurring or regular use.
I. No lot shall be subdivided unless the written consent of Developer, the Architectural
Control Committee, and the Little Rock Planning Commission is first had and obtained,
and any required action by the Association is taken, such as an approved Plat
amendment.
J. No poles, towers, or similar structure of any kind, including but not limited to any radio
or television antenna or tower, shall be built or permitted to remain upon any lot. No
trailer, tent, structure of a temporary character, or outbuilding of any kind shall be
placed or allowed to stand on the Property at any time unless approved in advance by
the Architectural Control Committee and any required municipal permit for a
temporary location and use is first obtained.
K. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any
trash, ashes or other refuse be thrown, placed or dumped upon any public way,
easement, vacant lot, or common area, nor shall anything ever be done which may be
or become an annoyance or nuisance to the Property as a whole or any Lot which is a
part thereof.
L. Except for signs used by Developer or a builder to advertise the Property during
construction or signs installed by the Developer for interpretive purposes or for
regulating and controlling construction activities, no additional signs shall be placed on
the Property unless such signs comply with all municipal codes and requirements, such
signs are located in areas designated on the Plat, and are approved by the Architectural
Control Committee.
M. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations
between two (2) and six (6) feet above the roadway 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 twenty-five feet (25') from the intersection of the
street lines, or, in the case of a rounded property comer, from the intersection of the
street property lines extended. The same sight line Iimitation shall apply on any lot
within ten feet (10') from the intersection of the street property line with the edge of a
driveway or alley pavement. No tree shall be permitted to remain within such
intersection unless the foliage lines are maintained at sufficient height to prevent
obstruction of such sight lines.
N. No fence, wall, or hedge shall be permitted to extend beyond the established minimum
front building setback line or from the side yard building line to the street on corner
lots unless specifically approved by the Architectural Control Committee. It is not the
intention of this paragraph to exclude the use of separated evergreens or other
12
shrubbery to landscape the front areas of lots, but such landscaping shall not consist
of overlapping shrubs or plants which form a continuous hedge or visual barrier.
O. Chain link or other similar fences are strictly prohibited and shall not be used under
any circumstances. Subject to the restrictions on locations for fences, the following
types of fences may be erected: (i) solid wooden privacy fences of six feet (6') or less'
in height, with decorative cap and top rail; (ii) wrought iron fencing of six feet (6') or
less in height; and (iii) decorative metal fencing of six feet (6') or less in height similar
in appearance to wrought iron, of the quality and type manufactured by Ameristar. All
fencing must be approved by, and meet the specifications of, the Architectural Control
Committee. All other types of fencing, concrete, wooden or other types of walls which
function as fences, barricades, and similar demising structures are not allowed on the
Property or the Common Properties. The design, construction and material of any fence
or structure which functions as a fence or barrier must be submitted for consideration
by the Architectural Control Committee in the same manner as provided .in Article 6
hereinabove for Architectural Control.
P. All structures erected upon any Lot shall be served by all public utilities, including
public sewer.
Q. No building or any other permanent structure or improvement of any kind, whether
herein specifically enumerated or not, shall be built or maintained within the area of
any of the easements, and no alteration, including grading, filling, excavation or other
site work may be done within the area of any of the easements shown on a
Plat which may damage or interfere with the installation and maintenance of utilities
or which may change the direction of flow of drainage channels, or which may obstruct
or retard the flow of water through drainage channels; and, in the event any such
obstruction is placed thereon in violation of this restriction and reservation, no public
authority will be liable for destruction of same in maintaining or repairing its lines
located within the area of said easement. Easements, including drainage channels, shall
be mowed and generally maintained by the Owner of the lot over which the easement
or drainage channel is platted except for improvements installed in those easements for
which a public authority or utility is responsible.
R. No concrete, asphalt or other obstruction shall be placed in the street gutters. Curbs
shall be saw -cut at driveways and driveway grades lowered to meet the gutter flow line
or not more than two inches (2") above said flow line.
S. No satellite receiver dish ("dish") shall be erected, placed or maintained on any lot,
except that dishes not larger than eighteen inches (18) in diameter may be allowed if
attached to the back of the served structure and if approved by the Architectural Control
Committee. Only one (1) dish will be permitted on any one (1) lot and each dish shall
be neutral in color, have no advertising on any surface, and shall be out of view from
adjoining properties. These restrictions shall be cumulative and in addition to any
municipal or governmental restrictions and requirements.
13
T. All parking on the Property shall be off-street and outside of the public rights of way
and outside of any access easements, except as noted with appropriate signage. No
parking on lawns, non -approved drives, pads or other parking areas shall be allowed.
U. All construction, excavation, site grading, trenching, diggings, equipment storage and
usage, and other activities on the Property shall be undertaken in compliance with the
rules and guidelines established by the Architectural Control Committee. These
guidelines shall restrict or prohibit certain types of activity, such as grading or
backfilling, which may damage trees and other plants.
It is the responsibility of each Owner to ensure that the Owner and every contractor employed by
the Owner has reviewed and agreed to comply with the foregoing common scheme restrictions
prior to commencement of site preparation or construction.
ARTICLE 8
GENERAL PROVISIONS
Section 1. Noxious Activity. No loud, disturbing, unsanitary, dangerous, hazardous, noxious or
offensive trade or activity shall be carried on upon the Common Properties or any portion of the
Property. Nor shall any annoyance or nuisance created or sustained by any Owner upon the
Property or Common Properties be tolerated or permitted.
Section 2. Duration. The Covenants and Restrictions of this Declaration shall run with and bind
the Property, shall be and remain in effect, and shall inure to the benefit of and be enforceable by
the Association or the Owners of any of the Property, their respective legal representatives, heirs,
successors and assigns until December 31, 2049. Said Covenants and Restrictions may be renewed
and extended, in whole or in part, beyond said term for successive periods not to exceed ten (10)
years each if an agreement for renewal and extension is signed by members of the Association
then entitled to cast at least fifty percent (50%) of the votes of the Association and is filed for
record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas, at least one
hundred eighty (180) days prior to the effective date of such renewal and extension; provided,
however, that each such renewal agreement shall specify which of the Covenants and Restrictions
are so renewed and extended and the term for which they are so renewed and extended. Every
purchaser and grantee of any interest in any of the Property by acceptance of a deed or other
conveyance thereof, thereby agrees that the Covenants and Restrictions of this Declaration may be
renewed and extended as provided herein.
Section 3. Notices. Any notice required or permitted to be sent to any member pursuant to any
provision to this Declaration may be served by depositing such notice in the mails, postage prepaid,
addressed to the member- or Owner to whom it is intended at the Owner's last known address and
such service shall be deemed sufficient. The date -of service shall be the date of mailing.
Section 4. Assignability. Notwithstanding any other provision herein to the contrary, Developer
shall at all times have the right to fully transfer, convey and assign all of its rights, title, interest,
and obligations under this Declaration provided that such transferee, grantee, or assignee shall take
such rights subject to all of the Covenants and Restrictions contained herein, and in such event the
14
transferee shall be deemed to be the Developer. No Owner, by virtue of receiving a deed to any
Lot from Developer, shall be deemed a successor or assign of Developer, unless and only to the
extent Developer expressly assigns its rights under this Declaration to such Owner.
Section 5. Severability. Invalidation of any of the covenants, restrictions, requirements,
provisions, or any part thereof by an order, judgment, or decree of any court, shall in no way affect
any other provisions of this Declaration, which shall remain in full force and effect.
Section 6. Amendment. The Covenants and Restrictions of this Declaration may only be
amended, modified, extended, changed, or cancelled, in whole or in part, by Developer at any time
while Developer retains any ownership interest in the Property. Thereafter, any amendment,
modification, extension, change or cancellation may be made if approved by a written instrument
signed and acknowledged by the holder or holders of at least fifty percent (50%) of the votes of
the members of the Association then entitled to be cast; provided, however, that any such
amendment must be in full compliance with all applicable laws and regulations, including the
zoning ordinances applicable to the Property, and shall not become effective until the instrument
evidencing the change has been duly filed for record in the Office of the Circuit Clerk and Recorder
of Pulaski County, Arkansas. Further, such instrument shall be not effective unless written notice
of the proposed amendment is sent to every voting member at least thirty (30) days in advance of
any action taken. Every purchaser or grantee of any interest in any of the Property by acceptance
of a deed or other conveyance thereof, hereby agrees that the Covenants and Restrictions of this
Declaration may be amended as provided herein.
Section 7. Counterparts. This Declaration may be executed in any number of counterparts with
the same effect as if all parties had all signed the same document. All counterparts shall be
construed as and shall constitute one and the same agreement.
Section 8. Restatement. Developer is the record owner of all of the Property subject to the
Original Declaration and, pursuant to Article 8, Section 6 of the Original Declaration, Developer
has the unilateral right to amend, modify and change the Original Declaration, in whole or in part,
by filing this Declaration for record in the office of the Circuit Clerk of Pulaski County, Arkansas.
Developer is filing this Declaration to amend and restate the Original Declaration, and this
Declaration amends, restates, and supersedes the Original Declaration in its entirety.
[Signature Page Follows]
15
IN WITNESS WHEREOF, the Developer has caused this instrument to be executed this
16th day of December 2025.
DEVELOPER:
THE MIDDLE OF WLR, LLC,
an Arkansas limited liability company
By: DHK Management, LLC
Its: Manager
By:
Pevin Huchingson, Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this the 16th day of December , 2025, before me, the undersigned Notary Public,
duly commissioned, qualified and acting, within and for said County and State, appeared in person
the within named Kevin Huchingson, (being the person authorized by said limited liability
company to execute such instrument, stating his capacity in that behalf), to me personally well
known (or satisfactorily proven to be such person), who stated that he was the Manager of DHK
Management, LLC, the Manager of The Middle of WLR, LLC, an Arkansas limited liability
company, and was duly authorized in his capacity to execute the foregoing instrument for and in
the name and behalf of said limited liability company, 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 official seal this 16th day of
December , 2025.
Notary Public
My Commission Expires:
16
EXHIBIT A
Phase I Property
Lots 1-5 and Tract A, The Middle, an Addition to the City of Little Rock, Pulaski County,
Arkansas, as shown on the Final Plat recorded in the office of the Circuit Clerk of Pulaski County,
Arkansas as Instrument No. 2024063101, and more particularly described by metes and bounds as
follows:
PROPOSED LOTS 2--5 AND PROPOSED TRACT A:
LOT '., BLt7ci; 1. PLEASA14T VALLEY Or=ICE PARK, ,N THE C!TY OF UTTLE Rat, PULAS111 COUNTY.
ARKANSAS. BENG FORMERLY KNOW AS VERIZO0 ,) WRELESS CFFI-E PARK, AS SHOWN 0►1 PLAT OF
RECi7RD AS INSTRI MLNT NUMBER 2010030766. ;N THE RECORDS f F PULAS;<I COUNTY, ARKANSAS,
LESS AND FXCE?T PART CONVEYED TO ARXANSAS STATE HI�;H'NAY COMMISSION !N IMSTEE
WARRAN Y DEED FULLY CONTRO_I.I=D ACCESS DA"E!? DECEMSE R 13, 2019. EXECUTED 9Y THE
SCARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, A PUBLrC NS1I-AJT'OH OF H1GAER
EDUCAT'ON, FILED FOR RECORL) JANUARY 9, 2020 AS INST-RUMFNT `dUN13FR 2020=861, :N THE
RECORDS £'iF PUtASKI C01iNTY, ARKANSAS.
PRGPOSFF LOT ..
PART OF i"+1E SE1/4 OF SECTION D. TOWNS11v 2 NORTri. RAP40E `S WEST. PULASk1 COONTY,
ARKANSAS, KNOW' AS PLEASANT VA L.>:Y OMCE PARK (1JXRECORDErj LOiS 2, 3 Aw 4, MORZE
PARTICULARLY DESCRIBED AS F0'! 0%VS: AT
THE SE CORNER OF SAID I/4f -I ENCE K'01`31`23"E. A t STANr C;` 60400 FM71 THENCE
N01'34'420E, A D4STANCE OF 3 `09 FEET; THENCE iN8727759"W, A, DISTANCE OF 938_72 FEE`;
THENC F N69.35'4-ZW. A DSTANCF OF 575,52 Ft-z,r To POINT Or BEGINNING; THENCE
CONTiNUF K69-35'42"% A DISTANCE r- 74-.29 FAT; .THENCE N43'28!38"W. A DISTANCE Cfi 250.11
FEET; WFm;E N451 3`18"E: A 1 15 fI ICE p? 18.00 FEET; Fnl.^.E NQ-55�10"W, A DISTANCF OF
W.32 FEET TO A POINT 014 TF'E' EASTERLY R;'�HF OF WAY LINT OF N RODNEY PARHAM ROAD;
THENCE N4630`10'E ALONG SAID EASTERLY RIGHT OF SWAY LINE. A DISTANCE OF 171,92 FEk7;
T11cNGi ALONG VE ARC OF A 25'.00 ;`OCi R,y DljS CURW TO THE R!GHT. HAVING A CHORD
BEARING AND DISTANCE OF N8816'27"E, 3 .61 FEET AN) AN ARC LENGTH OF 36,65 Fi- TO .A
POW CN THE WUTHERLY R!GH1 OF WAY LANE CF ANDERSON )RIVE. THENCE S43 13'38'E ALONGSAID SOUTHERLY RIGHT 0= WAY LINE, A DISTANCE OF. 112.36 FEET; TKEM F_ CONTINUING ALONG
SAID SOUTHERLY RICFIT Or WAY LINE FOLL4'l NG THE ARC'OF A 378.77 FOOT RAOYUS CURVE' TO
THE LEFT. HAVING A CHORD BLARING AND DISTANCE Oi= S42 ;,W23"E, 80,69 FEET AND AN .ARC
LEN-Gr-i OF $1.04 FEET THI 1NCE Sg& D5'11 �W, A I3ISTAhC£ CF 221.38 F'i EO 114E Pa OF
BEGINN NG.
17
a
EXHIBTI' B
Phase II Property
PART OF THE SEIA OF SECTION 21, TOWNSHIP 2 NORTH, RANGE 13 WEST,
PULASKI COUNTY, ARKANSAS, KNOWN AS PLEASANT VALLEY OFFICE
PARK (UNRECORDED) LOTS 2, 3 AND 4, MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, THE
MIDDLE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, AS SHOWN ON PLAT RECORDED AS INSTRUMENT NUMBER
2024063101 IN THE RECORDS OF PULASKI COUNTY, ARKANSAS, SAID POINT
LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF ANDERSON DRIVE;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE FOLLOWING THE
ARC OF A 378.77 FOOT RADIUS CURVE TO THE LEFT, HAVING A CHORD
BEARING AND DISTANCE OF S62°40' l 5 "E, 91.69 FEET AND AN ARC LENGTH
OF 91.91 FEET; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT OF WAY
LINE S69°39'22"E, A DISTANCE OF 204.99 FEET; THENCE S20°20'38"W, A
DISTANCE OF 209.84 FEET; THENCE N69°36'42"W, A DISTANCE OF 279.64 FEET
TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N16°06'19"E ALONG
THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 221.38 FEET TO THE
POINT OF BEGINNING.
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