HomeMy WebLinkAboutBill of AssuranceIQ MODIFIED
/-� PLAT AND BILL OF ASSURANCE
ST. CHARLES
LOTS 267 AND 268,
LOTS 311 THROUGH 321
FILED AND MINOR
94 MAY Uk
TA Pl�i&SK40 RG01 CLERK
AND RECORD
51 ni�r�rr,r
WINROCK DEVELOPMENT COMPANY : Z�e'' f'e
TO =� •r� , L,:
THE PUBLIC Os
WHEREAS, Winrock Development Company, herei'*' �r; called
"Grantor", -is the owner of the following1described lands, ."CS -wit:
Part of Blocks 5, 6, 10, 11, 12 and 22, Neimeyer Grove
and a portion of adjacent streets and alleys,, Little
Rock, Pulaski County, Arkansas, all more particularly
described as:
Beginning at the Northeast corner of Lot 322, St.
Charles, an Addition to the City of Little Rock,
Arkansas, said corner lying on the Southerly right-of-
way line of Loyola Drive; thence Southwesterly along the
Northerly lines of Lots 322 through 327, said St. Charles
Addition the fallowing bearings and distances;
S52008123"W, 99.58 ft.; S4801213311W, 201.57 £t.;
S4403314211W, 95.05 ft.; S59024144"W, 82.28 ft. and
S7600311511W, 140.52 ft. to the Northwest corner of said
Lot 327; thence N2503214011W, 328.66 ft.; thence
N7403111011E, 230.31 ft.; thence N54055139"E, 84.48 ft.;
thence N4801212111E, 100.05 ft.; thence N4505213911E, 95.26
ft.; thence N40049156"E, 60.0 ft.; thence S4805911011E,
40.89 ft.; thence N40056'E, 147.32 ft. to a point on the
North line of SE W, Section 31, T-2-N, R-13-W; thence
S880101E along said North line 102.73 ft. to a point on
the Northerly extension of the East line of said Black
5, Neimeyer Grove; thence S020091W along the Northerly
extension of the East line of said Block 5 and the East
line of said Block 5, also being the West right-of-way
line of a 40 ft. street, 282.36 ft. to a point on the
Northerly right-of-way line of Loyola Drive; thence
S4605515711W, 60.04 ft. to the point of beginning,
containing 5.0637 acres more or less.
And, WHEREAS, it is deemed desirable that all of the above -
described property be subdivided into building lots, tracts and
streets as shown on the attached plat, and that said property be
held, owned and conveyed subject to protective covenants herein
contained, Now Therefore,
WITNESSETH:
Grantor has caused said tract of land to be surveyed by White-
Daters & Associates, Registered Land Surveyors, and a plat thereof
made which is identified by the title Lots 267 and 268, and Lots
311 through 321; ST. CHARLES, an Addition to the City of Little
1
Rock, Arkansas, and the date , and said plat bears the
[
signature of the said Land Surveyor and the said Grantor, and bears
a Certificate of Approval executed by the Little Rock Planning
Commission and is of record in the Office of the Circuit Clerk and
Recorder of Pulaski County, Arkansas, in Plat Book r r1o, and the
Grantor does hereby make this Bill of Assurance.
The Grantor does hereby certify that it has laid off, platted
and subdivided, and does hereby lay off, plat and subdivide said
real estate as ST. CHARLES, an Addition to the City of Little Rock,
Pulaski County, Arkansas, and each and every deed of conveyance for
_
any lot or tract in said Addition describing the same by the number
,
or numbers as shown on said plat shall always be deemed a
`444i
sufficient description thereof. The Grantor hereby dedicates to
the public forever an easement of way on and over the streets as
F
shown on said plat to be used as public streets.
In addition to the said streets, there are shown on said plat
-`
certain easements for drainage and utilities. Grantor hereby
;
x
donates and dedicates such utility easements to and for the use of
public utilities, the same being, without limiting the generality
of the foregoing, electric power, gas, telephone, water and sewer,
with the right hereby granted to the persons, firms or corporations
f
engaged in the supplying of such utility services to use and occupy
such easements and to have free ingress and egress therefrom for
'
the installation, maintenance, repair and replacement of such
utility services.
`sg
The filing of this Plat and Bill of Assurance for record in�
the office of the Circuit Clerk and Recorder of Pulaski County,
Arkansas shall be valid and complete delivery and dedication of the
streets and easements shown on said plat and the streets in said
ST. CHARLES shall be known by the names designated on said plat.
Said land herein platted and any interest therein shall be held,
{
owned and conveyed subject to and in conformity with the following
r
covenants which, subject to being amended or cancelled as
hereinafter provided, shall be and remain in full force and effect
until January 1, 2015, to -wit:
2
�1
..1. RESTRICTED PROPERTY. Property subject to previous
<. declaration and pursuant to Article II, Section 2 of the
•. Declaration of Covenants and Restrictions establishing ST. CHARLES
Community Association, Inc. filed on October 24, 1977 as Instrument
Number 77-03402, as amended, (referred to herein as the "Original
s Declaration") the lots and tracts described herein are hereby
subjected to and made a part of the Restricted Property as
described in the Original Declaration. The Original Declaration
does hereby apply to Lots 267 and 268, and Lots 311 through 321,
ST. CHARLES, an Addition to the City of Little Rock, Pulaski
County, Arkansas, and euch lots and tracts shall be additional
Restricted Property pursuant to the terms of the Original
Declaration.
2. LAND USE AND BUILDIN4 TYPE. Said land herein platted as
lots shall be held, owned and used only for residential building
sites. No structure shall be erected, altered, placed or
permitted to remain on such residential building sites other than
a detached single family dwelling, a private garage for the storage
of passenger care owned or used by residents, guest house,
servant's quarters and other outbulildings clearly incidental and
related to residential use of the premises. No such building site
shall be used for commercial purposes. Such restrictions shall not
prohibit the temporary maintenance of model homes for promotional
purposes and sales offices by Grantor or other professional
builders.
3. ARCHITECTURAL CONTROL. No structure shall be erected,
placed or altered on any property in ST. CHARLES until the building
plans, specifications and plot plan showing the location and facing
of such building with respect to existing topography, adjoining
streets and finished ground elevations have been submitted to and
approved in writing by the Grantor. In the event Grantor shall
fail to approve or disapprove or request additional information
regarding the plane', specifications or plot plan submitted to it
as herein required within thirty (30) days after such submission,
this covenant shall be deemed to have been fully met by the person
3
,gZ i
submitting such plane for approval. Enclosed garages shall be
required; however, the Grantor may, in its sole discretion, approve
or disapprove an open carport if it is located behind the residence
it serves and if the open carport is not visible from the streets
`. adjoining the residence. Nothing herein contained nor the required
consent of the Grantor shall in any way be deemed to prevent any
of the owners of property in ST. CHARLES from maintaining any legal
action relating to improvements within ST. CHARLES which they would
otherwise be entitled to maintain. There shall be no compensation
to Grantor for the services to be performed pursuant to this
provision.
4. OUTBUILDINOB PROHIBITED. No outbuildings or other
detached structure appurtenant to the residence may be erected on
any of the lots hereby restricted without the consent in writing
of the Grantor and the approval in writing of the City of Little
Rock.
5. DELEGATION OF AUTHORITY. The Grantor shall have the
right, by written instrument recorded in the Office of the Circuit
Clerk and Recorder for Pulaski County, Arkansas, to delegate,
convey and transfer to the ST. CHARLES Community Association, Inc.,
a non-profit corporation, and its successors, all authority,
rights, privileges and duties reserved by the Grantor in this Bill
of Assurance, including but not limited to architectural control,
modification of setback requirements and consent to construction
of outbuildings.
6. LOT AREA AND WIDTH. No residence shall be erected,
altered or permitted to remain on any lot platted as ST. CHARLES
i
if the area of the lot is less than 6,000 square feet or if the
width thereof at the front building line is less than sixty (60)
feet. No lot shall be subdivided without written consent of the
Grantor and of the Little Rock Planning Commission first had and
obtained.
7. MINIMUM ` PRINCIPAL DWELLING SIZE. No principal
residential structure shall be constructed or permitted to remain
on any lot platted hereby as ST. CHARLES unless the main floor area
4
�..-.:. .. •.•••• [ � •. r... . ranw +•r- .rr - r �-w ww �.-rwr•rrsae..-�y.0 nr1* .r-rr•.•-Ran...... rr .r •_...
thereof, exclusive of porches, patios, carports, garages and
breezeways shall be at least 2,000 square feet for a one story and
2,200 square feet for a split level or multi -story. The term "main
floor" as used in this paragraph shall include living, dining and
sleeping areas, which areas may be on different levels.
t
8. HEIGHT OF OTHER STRUCTURES, No structure of any kind,
including but not limited to any radio or television antenna or
tower, shall be built or permitted to remain upon the lot if the
height of such structure is more than six (6) feet higher than the
ridge line.of the residence upon such lot.
r
9. aUILDI g_WgAg TQH. No building, fence or wall shall be
.y�
constructed on any lot nearer to the street than the building line
shown on said plat. No residential structure shall be located
nearer than six (6) feet to an interior lot line or ten percent
(10%) of the average width of the single family lot, whichever is
greater; provided, however, such side yard need not exceed eight
(8) feet in width, For the purpose of this covenant, eaves, steps
and open porches shall not be considered a part of the dwelling.
No residential structure shall be nearer than twenty-five (25) feet
to the rear lot line. I
10. TEMPORARY STRUCTURES. No trailer, tent, shack, garage,
f
garage apartment, hutment, barn, structure of a temporary
character, or outbuilding of any kind on said land shall at any
time be used or occupied as a residence, temporarily or
'
permanently.
7
11. NOXIOUS ACTIVITY. No noxious or offensive trade or
4.
activity shall be carried on upon any lot, nor shall any trash,
ashes or other refuse be thrown, placed or dumped upon any vacant
lot, nor shall anything ever be done which may be or become an
Y
annoyance or nuisance to the neighborhood.'
12. SIGNS. Except for subdivision identification signs, no
billboard, poster, or sign shall be placed or permitted to remain
on any part of sai& property; provided, however, one sign only per
lot not exceeding five (5) square feet in area may be displayed
y
advertising the property for sale or rent, and signs used by the
5
:`.`C77:�y,_ . '•P •. T � - aM1 . i. .r. a. i ..., i�P•KY Iv-��. i.4 i .' 9 .. :Yd�M51•..S lrt yw. cw:r•. ; :zti a:.v. ... r-f. •� r .:•q�-.�.�..-:. ,;v.5 ya`?3.:
z y,
1�.
Grantor or a builder may be displayed to advertise the property
during the construction and sales period.
13. SiOHT DISTANCE AT INTERSECTIONS. 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 (25) feet from the intersection of the street
lines, or, in the case of a.rounded property corner, from the
intersection of the street property lines lextended. The same sight
line limitation shall apply on any lot within ten (10) feet 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 line is maintained at
sufficient height to prevent obstruction of such sight lines.
14. FENCES. No fence, wall, hedge, or mass planting shall
be permitted to extend beyond the minimum front building setback
line established herein or from the side yard building line to the
street on corner lots. Chain link or other similar fences are
strictly prohibited and shall not tie used under any circumstances;
provided, further that it is not the intention of this paragraph
to exclude the use of evergreens or other shrubbery to landscape
the front yard. The design, construction and material of any fence
or wall must be submitted for consideration by the Grantor in the
same manner as provided in Paragraph 3 hereinabove for
Architectural Control.
15. PUBLIC UTILITIES. All dwellings and other structures
erected upon any lot as a residential dwelling shall be served by
all public utilities, including public sewer.
16. EASEMENTS. No building, trees, fences, incinerators,
paved driveways 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
6
t
the 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
j... 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.
17, NATURAL BUFFER STRIP. There shall be designated a
natural buffer strip (referred to as the "Natural Buffer Strip")
within the area between the natural buffer line shown on the
attached plat and the rear property lines on Lots 315 and 316. No
living tree or shrub with a stem diameter of two inches (211) wide
measured four and one-half feet (4 1/21) above ground shall be
removed from the Natural Buffer $trip and no building, fence,
driveway, retaining wall, or other improvement or structure of any
kind shall be built, located, maintained or allowed to remain
within the Natural Buffer Strip. Fencing which abuts the Natural
Buffer Strip shall be limited to a picket style fence with a height
of three and one-half feet (3 1/21) with no less than two inches
(211) of open space between pickets, No privacy fencing of any kind
shall be permitted along the edge of the Natural Buffer Strip, All
fencing, wherever located, shall be submitted to the Grantor for
consideration in accordance with Paragraph 3 and Paragraph 14
hereinabove. There shall be no grading, leveling, ditching,
excavation, or other disturbance of the natural contour of the
ground within the Natural Buffer Strip. Owners of lots containing
any part of the Natural Buffer Strip shall allow the Natural Buffer
Strip to remain in its original natural condition. It is expressly
provided, however, that facilities and easements required for the
7
I
• ` ` y... 4
installation and maintenance of utilities shall not be affected by
the restrictions in the paragraph.
r 18. LIVESTOCK AND POULTRBY. No animals, livestock or poultry
of any kind shall be raised or kept except that dogs, cats or other
' fully domesticated pets may be kept, provided that they are not
kept or maintained for any commercial purposes.
�'• 19. DRIVEWAYS, No concrete, asphalt or other obstruction
shall be placed in the street gutters. Curbs may be broken at
? driveways and driveway grades lowered to meet the gutter flow line
or not more than (2) two inches above said flow line.
20. PROPERTY LINES AND BOUNDARIES, Iron pine have been set
on all lot corners and points of curve, and all curve data as shown
on the attached plat is centerline curve data. In the event of
minor discrepancies between the dimensions or distances as shown
on the attached plat and the actual dimensions or distances as
disclosed by the established pins, the original pine as set shall
control.
21. SATELLITE RECEIVER DISH. No satellite receiver dish
("dish") shall be erected, placed or maintained on any lot between
the front building setback line and the street or the side building
line and the street on corner lots or within ten (10) feet of any
property line or in the side yard areas between houses. No dish
shall be mounted on any building or exceed an overall height of ten
(10) feet. Only one dish will be permitted on any one lot and each
dish shall be neutral in color, have no advertising on any surface
and shall be screened from adjoining properties by an opaque wall,
fence, hedge or berm. These restrictions shall be cumulative and
in addition to any municipal or governmental restrictions and
requirements.
22. BOATS, CAMPERS AND TRAILERS. No motorboat, houseboat,
canoe, sailboat, or other similar waterborne vehicle, no camper,
trailer or recreational vehicle and no inoperative or disassembled
vehicles of any kind shall be maintained, abandoned, stored or
permitted to remain in the street right-of-way or in the area
between the street and the building set -back line, or in the side
8
_ ............. .. .. - . ._ ....
yard area.
23. ENFORCEMENT. In the event of any attempt to violate any
of the covenants or restrictions herein contained before the
expiration date hereof, it shall be lawful for any person or
" persons owning a lot or lots in ST. CHARLES to p g prosecute any
proceedings at law or in equity against the person or persons
violating or attempting to violate any such covenant or
restriction, and either to prevent him or them from so doing or to
recover damages in any court of law for such violation.
24. AMENDMENT. These covenants and restrictions may be
cancelled or amended ifs an instrument signed by the owners of at
least seventy percent (704) of the said area covered by this plat
is placed of record agreeing to change the covenants and
restrictions in whole or in part, and the provisions of this
instrument so executed shall be binding from the date it is duly
filed for record in the Office of the Circuit Clerk and Recorder
for Pulaski County, Arkansas; provided that if the Grantor owns any
property within the area covered by this plat, the Grantor's
approval to cancel or amend these covenants and restrictions must
be first obtained. Grantor shall have independent right to amend
these covenants and restrictions at any time during the development
and construction of improvements on the property covered by this
plat, or while Grantor continues to own any property covered by
this Plat and Bill of Assurance, Grantor shall have the right to
amend these covenants and restrictions; provided, however, that any
such amendment by the Grantor shall require the prior approval of
the Little Rock Planning Commission. Any such instrument shall be
effective and binding when it is filed for record in the Office of
the Circuit Clerk and Recorder for Pulaski County, Arkansas. The
right to so amend, modify, extend, change and/or cancel as
_ aforesaid shall exist at all times prior to January 1, 2015 and
shall also exist at all times during each and every successive
period extending the covenants, restrictions, requirements and
provisions of this Bill of Assurance.
25. SEVERABILITY. The invalidation of any one of these
9
MOp
Ti pe W-wa,
covenants or restrictions by judgment of a court of competent
Jurisdiction shall in no way affect any of the other provisions tii
which shall remain in full force and effect.
The considerations set forth in items one through twenty-five
are hereby approved by the City of Little Rock Planning Commission.
Any additional requirements, restrictions or statements are entered
without review or action by the Planning Commission, and shall not
be considered part of the Little Rock Planning Commission's
requirements for plat approval.'
IN WITNESS WHEREOF, the said Grantorlhas caused these presents
to be executed this -19 th day of April
1994.
WINROC EVELOPMENT COMPANY
BY:
By
10
7,'r"TT,E ROCK FA'..!111TG
iSSION t. ")VAD
ur'f ., xxYrl-,T +�r•i •!_ ' �•rJ;q•- _'yip, _ F •f__ _ .-v,-•,�fi "!'1•y"4z'-� .��•.•z,-}� . ;.��.-r..,p, i,.,_�,.. iry
yx�. +'� $. . 1. _ n �}'?�� %�"•
STATE OF ARKANSAS )
) as. ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day, before me, the undersigned, a Notary Public, duly
commissioned, qualified and acting, within and for the said county
and state, appeared in person'the withininamed Ronald C. Tyne and
Gary Catlett, to me personally well known, who stated that they
I
were the President and Secretary, respectively, of Winrock
Development Company, an Arkansas corporation, and were duly
authorized in their respective capacities to execute the foregoing
Bill of Assurance for and in the name and behalf of said
corporation; and further stated and acknowledged that they had so
signed, executed and delivered said foregoing instrument for the
consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official
seal this 19th day of April , 1994.
lrri,r.., Notary Public
My commission expires:
== 07/13/2003 !NOTARY
s
11