HomeMy WebLinkAboutBill of Assurance07/28/2006 11:0ea27 AN
Filed & Recorded in
Official Records of
PAT O'6RIEN
PULASKI COUNTY
DECLARATION, PLAT, RESTRICTIVE+;O[YVEMANTS
AND BILL OF ASSURANCE W3- a
%1 MAGNOLIA TERRACE POD ADDITION
1 l TO THE CITY OF LITTLE ROCK, ARKANSAS
THIS DECLARATION, PLAT, RESTRICTIVE COVENANTS AND BILL OF
ASSURANCE OF Magnolia Terrace'Addition to the City of Little Rock, Arkansas,
made this z7+p day of 1,m- , 2006, by Civil Design, Inc., an Arkansas C,%pofAion, and
Ideal Arkansas Properties, LLC, an Arkansas Corporation (collect i� e!,' as
Developer).
ARTICLE I _ �o • ,• 'y:"
RECITALS --°y
/�ARKANSAS.�����
1.1 The Developer is the present record title holder of certain real property situated in the
County of Pulaski, State of Arkansas, more particularly described on the attached
Exhibit "A", incorporated by this reference (the Property).
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 William L. Dean,
a Registered Professional Engineer, dated ��,,,� t� , 2006, showing a
survey made by Jeffrey West, a Registered Land Surveyor, bearing a certificate of
approval executed by the City of Little Rock Planning Department and showing
thereon the metes, bounds and dimensions of the Property which Developer now is
desirous of subdividing and platting into Lots and public street right-of-way.
1'.4 Developer warrants and represents that it has laid off, platted, and does hereby lay. off,
•tom=j .f... .. -. '.
plat and subdivide the Property in accordance with the aforesaid Plat.. The Property
shall be forever known as Lots 1 through 3 Magnolia Terrace, 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
1- sufficient description thereof The filing.. of this' Declaration, Plat, Restrictive .
Covenants acid"Bill of Assurance in the Office of the Circuit Clerk and Ex-Officio
DECLARATION, PLAT, RESTRICTIVE COVENANTS
ti PAGE 1
�Y 7
Recorder of Pulaski County, Arkansas shall be a valid and complete delivery and
dedication of the 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 Definitions of Terms.
(a) Developer shall mean Civil Design, Inc., an Arkansas corporation, and Ideal
Properties, LLC, and their successors and assigns.
(b) Owner 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-
(c) Property shall mean and refer to the real property described in Exhibit "A"_
(d) Improvements shall mean and include, but not be limited to, buildings, parking
areas, loading areas, fences, walls, hedges, landscaping, 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.
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
DECLARATION, PLAT, RESTRICTIVE COVENANTS
PAGE 2
00 =2 Gyp 66,
improvement of said Property so as to (a) protect the Owner 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 Owner.
ARTICLE IV
EASEMENTS
4.1 A permanent easement or easements for the installation, maintenance, repair and
replacement of utility services, including but not limited to drainage, sanitary sewers,
electricity, natural gas, telephone, and cable television are created, accepted and
reserved on, over, across and through to the Property 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 landscaping, trees,
structures, buildings, fences, pavement 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 within the area of such easement.
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
DECLARATION, PLAT, RESTRICTIVE COVENANTS
PAGE
all other applicable governmental entities as they apply to any particular portion ofthe
Property.
ARTICLE VI
REGULATION OF IMPROVEMENT'S
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 off
-
building signage, adjoining streets and finished ground elevations, have been
approved, in writing, by the Developer. 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 Owner.
6.2 Developers 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. A submission to the Developer for approval of a proposed development shall
include:
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, site of fencing and material thereof, and any other pertinent
site treatment. The landscape plans and the grading plan showing site
topography and drainage may be submitted as separate plans;
3. Building elevations, to scale, indicating all elevations of proposed
structures with specification of building materials, fences and color
scheme; and
DECLARATION, PLAT, RESTRICTIVE COVENANTS
PAGE 4
00 0 ?=fie
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 to the Owner or to any third
parry 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.
6.5 Sidewalks. Sidewalks shall be installed by the Owner along abutting streets as may
be required by the City, of Little Rock.
6.6 Subdividing. No Lot shall be subdivided without the prior written consent of the
owners of each Lot within the development, and the City of Little Rock; provided.
6.7 Building Exteriors. The exterior of all improvements on any Lot shall comply with the
following, provided however that the Developer may approve variances from the
following:
a. Roofs shall be of a design and in a material approved by the Developer.
b. Roof -mounted mechanical equipment which is visible from the ground
is to be screened and painted to match the exterior material of the
building.
C. Gutters and downspouts. are to be painted to match the surface to which
they are attached.
d. Vents, louvers, exposed flashing and. service doors are to be painted
consistent with the exterior material of the building.
DECLARATION, PLAT; RESTRICTIVE COVENANTS
PAGE
6.8 Screening. Areas used for loading, service access, ground -level mechanical
equipment, transformers 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. The parties agree that all signs will comply with the Little Rock Sign
Ordinance or any variance therefrom granted by the City of Little Rock. The location,
size and design of temporary signs are subject t6 the approval of the Developer.
6.10 Driveways and Parkin ..All exterior parking areas shall have concrete upright curbs.
6.11 Lighting. All exterior lighting shall be shielded and directed away from adjoining
property owners and in a style approved by Developer.
6.12 Landscaping. Owner will be responsible for the design, development and
maintenance of the landscape on Owner's Lot and contiguous planting areas within
the various right-of-ways and public property to the face of curb. 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. 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. All side and rear yards shall be
solid sodded with zoysia grass or other equivalent as approved by Developer. Oak,
maple, magnolia, or other trees approved by Developer shall be planted at average of
not less than 40-foot intervals as indicated by the Developer. All landscaped areas are
to be irrigated with an approved automatic sprinkler system. Impact heads will be
utilized along the right-of-ways and will be spaced to provide complete coverage
between the night -of -way line and the back of curb. The irrigation system will be
designed and operated to prevent or minimize run-off and discharge or irrigation
water onto roadways, driveways, adjacent properties and any area not.under control of
the user.
6.13 Prohibitive 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.
DECLARATION, PLAT, RESTRICTIVE COVENANTS
PAGE 6
6.14 Maintenance. All fences will be maintained in good repair by the owner of each Llot.
Each Lot owner will mow and maintain the right -of --way area between Cantrell Road
and owner's property line in a professional and attractive manner,
ARTICLE VII
TERMINATION, MODIFICATION, ENFORCEMENT
AND ASSIGNMENTS
7.1 Term. The covenants, conditions, restrictions and reservations contained herein shall
continue in full force and effect until January 1, 2030, and shall thereafter be renewed
automatically from year to year unless and until terminated as provided in paragraph
7.2 hereof
7.2 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 ofall Lots.
7.3 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 Developer and all 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. 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.
7.4 Assignment of Developers Rights and Duties. Any and all rights, powers 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 hereof, which will assume any or all of the
DECLARATION, PLAT, IESMCTIVE COVENANTS
PAGE 7
duties of Developer hereunder, and upon any such person, corporation or associations
evidencing its consent in writing to accept such assignment, said assignee shall, to the
extent of such assignment, assume Developers 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 Lots upon compliance with the requirements of Paragraph 7.2 of this Article VII.
ARTICLE VIII
MCSCELLANEOUS
8.1 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.
8.2 Owners 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.
8.3 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 and shall burden the Property and run with the land.
DECLARATION, PLAT, RESTRICTIVE COVENANTS
PAGE
EXECUTED on the date first mentioned above.
DEVELOPER:
CIVIL DESIGN, INC.:
BY:
WILLIAM L. DEAN, PRESIDENT
IDEAL ARKANSAS PROPERTIES, LLC-
BY.
V. CHILDERS, JR.
<!�9
TITLE:
Reviewed cn!y far incluticn of min!mum standard
s.
requires by t„s Cih, cf Li le Rcc;t su5�vis! n r?auiations.
M, Cf
developer may cxcs ri „^f
'Roock subdivison an�d <o�n? ^
CityaitteRocLittle-Rock Planning
Commission
DECLARATION, PLAT, RESTRICTIVE COVENANTS
,a
PAGE 9
STATE OF ARKANSAS
COUNTY OF PbtfSKI 9N%4 4E
ACKNOWLEDGEMENT w"
On this - .]i day of 200�, before me, a Notary Public, duly
commissioned, qualified and acting, within and for said County and State, appeared in person
the within named WILLIAM L. DEAN, being the person authorized to execute such
instrument, to me personally well known, who stated that he was the PRESIDENT of CIVIL
DESIGN, INC., an Arkansas corporation, 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.
NOT A PUBLIC
MY COMMISSION EXPIRES: - =S-Deann/�NoansasVa tY My QZl2Ql 1
DECLARATION, PLAT, RESTRICTIVE COVENANTS
PAGE 10
STATE OF ARKANSAS . r
COUNTY OF Pbtft-STU sh %-i Nf-
/,,-,�u� ACKNOWLEDGEMENT
O
On this J=-ILm, day of N y, 2006, before me, a Notary Public, duly commissioned,
qualified and acting, within and for said County and State, appeared in person the within
named John V. Childers, Jr., being the person authorized to execute such instrument, to me
personally well known, who stated that he was the M��� _ of Ideal
Arkansas Properties, an Arkansas corporation, executed and delivered said foregoing
instrument for the consideration, uses and purposes therein mentioned and set forth.
1N TESTIMONY WHEREOF, I have hereunto set my hand and official seal.
MY COMMISSION EXPIRES:
j(-oCI)-a0t(
This Instrument Prepared By:
Andrew V. Francis
Andrew V. Francis, P.A.
2311 Biscayne Drive, Suite 205
Little Rock, AR 72227
501-954-7390 Telephone
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DECLARATION, PLAT, RESTRICTIVE CDVENANTS
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Legal Description:
Part of the NW '/4, NW 1/4, Section 19, Township 2 North, Range 13 West, City of Little
Rock, Pulaski County, Arkansas, more particularly described as follows:
Commencing at a found iron pin at the NE comer fractional NW 1/4, NW 1/4, Section 19,
Township 2 North, Range 13 West; thence N 8812751" W for a distance of 22.89 feet to
a found iron pin and the Point of Beginning; thence South 01028116" West for a distance
of 376.24 feet to a found iron pin on the North right-of-way line of Arkansas State
Highway 10; thence along said North right-of-way the following courses: North 70049'36".
West, 201.19 feet; North 71°24'16" West, 77.35 feet; North 64°27'25" West, 151.50 feet;
North 86013'54" West, 76.86 feet; North 7911T59" West, 76.17 feet; thence North
72'18'55" West, 63.58 feet; thence departing said North right-of-way North 01°06'17"
West for a distance of 214.91 feet to a found iron pipe; thence South 87001' 13" East for a
distance of 245.05 feet to a found iron pipe; thence South 86°52'31" East for a distance
of 190.85 feet to a found iron pipe; thence South 86°56'32" East for a distance of 190.93
feet to the Point of Beginning, containing 4.087 Acres, more or less.
Less and Except the following Right -of -Way dedication to Arkansas State Highway 10:
Commencing afthe NE corner fractional NW 1/4, NW 1/4, Section 19, Township 2 North,
Range 13 West, thence North 88°2751" West for a distance of 22.89 feet; thence South
01°28'16" West for a distance of 376.24 feet to a found iron pin and the Point of
Beginning; thence North 70°49'36" West for a distance of 201.19 feet to a found iron pin;
thence North 71*24'16" West for a distance of 77.35 feet to a found ROW marker; thence
North 64°2725" West for a distance. of 151.50 feet to a found iron pin; thence South
66120'27" East for a distance of 150.98 feet to a set iron pin; thence South 71.°24'16"
East for a distance of 75.82 feet to a set iron pin; thence South 69025106" East for a
distance of 202.83 feet to the Point of Beginning containing 0.029 Acres.
DECLARATION, PLAT, RESTRICTIVE COVENANTS
PAGE 12