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Home My WebLink AboutS-0024-FF Applicationt'• 1 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, Kelton R. Brown (hereinafter called "Grantor"), is the sole owner of the following described land lying in the county of Pulaski, State of Arkansas, to wit: LEGAL DESCRIPTION: Lo+s 41 , 4 �11LRIJ�Ree �c�d j i�►.� i'U `i�tt C 0� �. Ole R� Pu "k-% AND WHEREAS, it is describable that all of the above described property be platted into lots, blocks, tracts and streets; NOW, THEREFORE WITNESSETH: ... .. ., - - - ,.. ,. ...,. .n.w.+a.e0.4�xro M.M',•r;..�ait��,w�w!�.�...;.2, ., .f1ti <•, il:�.:.It?f:'. ?9'tr. .. ..i.L}.-i'�C ,. .::L :.�_..... .4 — 2 — That, the said Grantor, has caused said tract of land to be surveyed by Robert J. Richardson Consulting Engineers, Inc., and a plat therefore made which is identified by the title BURNTTREE PHASE II and the date , - 1986, and by the signature of the said engineer 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 ex-officio recorder of Pulaski County, Arkansas in Plat Page --this Bill of Assurance. , and the grantor does hereby make And, the grantor does hereby lay off, plat and subdivide the above described real property in accordance with said plat. The lands embraced in said plat shall be forever known as 5E `l� �c 3 0 J N -1-2 C';`�� l.;t�le {��C3�I-1UA�k: sC0%,�.uyy, (�2k NSRS The grantor hereby dedicated to the public forever an easement of way on and over the streets as shown by said plat, to be used as public streets. Said subdivision is also herein called "Addition." There are strips Qf ground shown and dimensioned on said plat marked "Utility Easement" and "Drainage Easement" reserved for the use of public utilities, and for drainage purposes respectively, subject at all imte to the proper authorities and to the easement -3- herein reserved. Owners of lots in this subdivision shall take their titles subject to the rights of public utilities and the public. The filing of this bill of assurance and plat for record in the office of the Circuit Clerk and ex-officio Recorder of Pulaski County shall be valid and complete delivery and dedication of the streets and easements shown on the said plat. Hereafter, Conveyance and description of any of said lands by lot numbers as shown on said plat, shall be a proper and suffi- cient description thereof; The lots in said subdivision shall be sold -by the grantor shall be purchased by the buyers thereof subject to the following covenants, to wit: 1. LAND USE AND BUILF]edGandPE. usedsonlyland residentpaltbudild- shal1 ,,be held, own build- ing sites except as otherwise shown on said plat. NO structures shall be erected, altered, placed or -,permitted to remain on any single-family residential building site other than a single detached single-family dwelling whixh shall not exceed two and oassengerstories ownedheight usedwhen by seen from the storagep used residents (storage of trucks being prohibited), guest- house, servants quarters, and other outbuildings inci- dental and related to residential use of the premises. 2. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any property in this Addition until the building plans, specifications, exterior color schemes, and plot plan sw�agex�stingattapographycxad-of such building with respect joining streets, and finished ground elevations have been approved in writing by the Grantor. In_the laee, theci- Grantor fails to approve or disapprove any p fications, exterior color scheme, or plot plan submitted to it as herein required within thirty days after such submission, this covenant shall be deemed t have been -4- fully met by the person submitting such plans for approval. Nothing herein contained nor the required consent of the Grantor shall in any way be deemed t❑ prevent any of the owners of property in this Addition from maintaining any legal action relating to improve- ments within this Addition 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. 3. MINIMUM PRINCIPAL DWELLING SIZE. The square foot area of the residential portion of each principal structure shall be not less than 2,200 square feet, and the entire struc- ture shall not'have less than 21500 square feet under roof unless aid residential portion consists of two -full stories, in whiih case the entire structure shall have not less than 1,600 square feet under roof. The minimum square foot area under roof requirements shall be comput- ed in a horizontal plane from outside of eave to outside of eave not including a hanging gutter. The minimum square foot area requirements shall be computed in a hor- izontal plane to the outside top plate line of the princ- ipal residential structure. 4. BUILDING LOCATION. No building shall be located on any building site nearer to the front lot line or nearer to the side street line than the minimm building set -back - lines shown on the recorded plat. No building shall be located nearer than a distance equal to ten percent ❑f the width of the lot at the fron tbuilding line, or ten feet, whichever is greater, to an interior lot line. No principal dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line. For the pur- poses of this paragraph, eaves, steps, balconies and open porches shall be adhered as a part of the building but open terraces/or patios without roofs shall not be so considered. 5. LOT AREA AND WI=DTH.- No lot shall be subdivided without the written consent of the Grantor and the Little Rock Planning Commissin first had and obtained, and in any even no dwelling shall be erected or placed on any build- ing site having a width of less than 75 feet at the mini- mum -building -set -back line, nor shall any dwelling be erected or placed on any lot having an area of less than 12,000 square feet. -5- 6. EASEMENTS. Easements of way for streets as shown on the plat filed herewith have heretofore been donated and ded- icated to the public, and the persons, firms or corpora- tions engaged in supplying public utility services, the same being without limiting the generality of the fore- going, electric power, gas, telephone, water and sewer, shall have the right to use and occupy said easements of way and streets for the installation, maintenance, repair and replacements of such utility services. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been reserved, said easements being of various widths, refer- ence being hereby made to the plat filed herwith for a more specific description of width and location thereof. As the telephone facilities are underground, any altera- tions or lowering of the surface grade of the ground in any easement and the area immediately adjoining such easement are prohibited which would result in there being less than 42 inches of clearance either vertically or horizontally between the surface grade and the under- ground electric cables and conductors supplying electric power and service, and as the electric distribution transformer stations and service pedestals are located on surface grade, fills within the area of the said ease- - ments and upon the lands adjacent thereto which will dam- age or which will inter£er with the installation,,,mainte- nance, operation and replacements of the electr,c and telephone cables, facilities and equipment, and the sup- plying of service from such equipment are also prohibit- ed. No trees, incinerators, structures, buildings, pave- ment, or similar improvements, shall be grown, built or maintained within the area of such utility easements. No excavations within the area of such easement for the erection of any fences (wood, wire, stone or brick) or for any other purposes shall be made which would interfer with the installation, maintenance, repair and replace- ment of any utility service. In the event any such trees, incinerators, structures, building, fences, pave- ment or similar improvement shall be grown, built or maintained within the area of such easement, no utility will be liable for the destruction of same in the in- stallation, maintenance, repair or replacement of any utility service located within the area of such easement. 7. UTILITIES. All owners of lots shall install and maintain in conformity with applicable code requirements and other regulations underground telephone service conduits and ch utility cables between the point of delivery of su service, as located by the utility company and the point of use of such owner. All owners of loss shall dig and backfill in conformity with applicable code requirements and other regulations a ditch approximately four inches wide and eighteen inches deep from -the point of service to the point of use for the installation of telephone service. Exposed overhead wire,and cables for utility services and street lighting are prohibited in this Addition provided, however, that light standards and/or towers for street lighting purposes may be erected, maintained and operated in, under and along the streets and public ways. 4 B. NUISANCES.` -No noxious or offensive activity shall be carried on upon any lot, nor hsall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. -No trucks, commercial vehicles or inoperative vehicles may be stored on the premises or parked on the premises other than. for making routine deliveries. Owner further agrees to keep unimproved lots free from trash, debris and overgrown vegetation. If such does accumulate and owner does not promptly remove such upon notification by Grantor, the Grantor shall have the right to perform such clean up work as is necessary and owner shall reimburse Grantor for the cost involved. 9. TEMPORARY STRUCTURES. No trailer, basement, tent,.shack, garage, barn or outbuilding, other than guesthous.p..and servants quarters,erected on a building site covered by these covenants shall at any time be used for human habitation. 10. SIGNS. No sign of any kind shall be displayed to the public view on any building site, except one sign of nor more than five square feet advertising the property for sale or rent, or signs us.ed by a builder or developer to advertise the proprty during the.construction and sales period. 11. OIL AND MINING OPERATIONS. No oil drilling, oil develop- ment operations, oir refining, quarrying or mining opera- tions of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks., tunnels, min- eral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas, shall be erect- ed, maintained, or permitted upon any building site. -7- 12. LIVESTOCK AND POULTRY. No animals, lviestock, or poultry of any kind shall be raised or kep on any building site, except that dogs, cats, or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. 13. No fence, wall, hedge, or shrub planting or other'ob- stacle which obstructs sight •lines at elevations of more than 30 inches above the roadways shall be placed or per- mitted to by the streetlines and a line connecting them at point 50 fee from the intersection of the street lines or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points 50 feet from their intersection. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a -height of 8 feet to prevent obstruction of such sight lines. 14. FENCES. No fence, hedge, or mass planting shall be per- mitted to extend beyond the minimum from building setback line established herein or from the side yard building line to the street or corner lots except upon approval of the Grantor. To insure compliance with the provisions of paragraph 6 above as it relates to the erection of fences along utility easements, no fence, wall or other struc- ture shall be erected along property lines without ap- proval of the design, construction and materials by the Grantor. 15. In the event of any violation or attempt to violate any of the covenants or restriction herein before the expira- tion date hereof (whether the original expiration date or the expiration date of any extensions thereof), it shall be lawful for any person or persons owning any lots in this Addition, or any utility company owning utility facilities in any utility or street easements, to prose cute any proceedings at law or in equity against a person or persons violating or attempting to violate such cove- nants or restrictions, either to prevent him or them from so doing or to recover damages for such violations. 16. AMENDMENTS. It is the intention of the Grantor to devel- op as Burnttree Phase II ; REPLAT ,,,i the property herein set out and additional adjoining property in separate phases covered by separate Bills of Assur- ance. '',any and all of.the covenants, provisions and restrictions set forth in this or subsequent Bills of Assurance may be amended, modified, extended, changed or cancelled, in whole or in part, only by a written QZ instrument signed and acknowledged by the owner or owners of over fifty percent (50%) in area of all land now or hereafter platted as Burnttree Phase II subdivision, Cor- rection Plat although covered by separate Bills of Assurance; provided that any such amendment must also be approved by the Little Rock Planning commission. The provisions of any instrument amending this or subsequent Bills duly filed for record in Pulaski County, Provided, however, no amendment to this Bill of Assurance which closes, alters or relocated or in any manner af- fects any easement shall be effective unless such amend- ment has been executed by each utility having utilities situated in this Addition 17. SEPARABILITY.' Invalidation of any restriction set forth herein, or any part thereof, by an order, judgment, or decrees of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. 18. In the event of any violation or attempt to violate any of the covenants or restrictions herein before the expi- ration date hereof (whether the original texpiration date or the expiration date of any ex shall be lawful for any person or persons owning any lots in this Addition, or any utility company turning utility facilities in any utility or street easement, to prose- cute any proceedings at law or in equity against a person or persons violating or attempting to violate such cove- nants or restrictions, either to prevent him or them from so doing or to recover damages for such violations. 19. AMENDMENTS. It is the intention of the Grantor t de- velop as BURNTTREE PAHSE III the property and additional adjoining property in separate phases covered by separate Bills andArestrictionsysetdall forthoin the covenants, provisions this ie suextended, xtended ent Bills changed orAssurance cancelled,, in wholeamended, or inmodzf�.ed, exte , part, only by a written instrument acknowledg- edsigned n by the owner or owners of over fifty percent in area of all land now or hereafter platted as BURNTTREE PHASE II, although covered by separate Bills of Assur- ance; provided that any such amendments must also be ap- proved by the Little Rock Planning Commission. The pro- visions of any instrument amending this or subsequent Bills of Assurance shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Provided, however, no amendment to this gill of Assurance which alters, bereffectiverelocated unless any manner affects any easement such amendment has been executed by each utility having utilities situated in this Addition. 20. SEPARABILITY. Invalidation Of any restruction set forth herein, or any part thereof, by, an order, judgement, or decrees of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any party thereof as set forth herein, but they shall remain in full force and effect. 21. No obstruction shall be placed in.the street.or.-gutter. Curbs�"shall be.broken at driveways, and driveway aprons shall not extend.past the face of'the curb. 22. These covenants and rest�lxtiartresea�d all persons o run with the land and shall be binding on p claiming under them for a period of 30 days from the date these covenants and restrictions are recorded ecoshalde after which time said covenants and restrictions automatically extendefor rumentssi9nedlve by aeriods of 10 majority of the eyars, unless an inst then owners of the lots had been recorded, agreeing to change said covenants and restrictions in whole or in part. LITTLE ROCK PLANNING COMMISSION APPROVES Xf--I— DATE October 29, 1986 By: Kelton R.'Brown, Sr. -10- ACKNOWLEDGEMENT STATE OF ARKANSAS) ) SS COUNTY OF PULASKI) BE IT REMEMBERED, that on this day came before me, the undersigned Notary Public, within and fvr,the County aforesaid, duly commissined and acknowledged as Kolton R. Brown, well known as the grantor in the foregoing gill of Assurance, and stated that he had executed the same for the consideration and purposed therein mentioned and set forth. WITNESS , my - hand and official seal this _ 29th day of - October 1986. L. NO A PUBL C Kay Richards My commission expires: 6--1-93 If (Seal) 0 /G s 37-03