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HomeMy WebLinkAboutS-0024-KK Application�i- BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENT: THAT, WHEREAS, Big K Development Corporation (hereinafter called "Grantor"), is the sole owner of the following described land lying in the county of Pulaski, State of Arkansas, to wit: Part of the SW SW Sec. 29, T-2-N, R-1,3-W and part of the NW NW Sec. 32, T-2-N, R-13-W all within the City of Little Rock, Pulaski Co., Arkansas, more particularly described as follows: Beginning at the common section corner to Sec. 29, 30, 31 and 32, T-2-N, R-13-W, City of Little Rock, Pulaski Co., Arkansas; thence NO011'15"E 295.0' along the west line of the SW SW Sec. 29-, T-2-N, R-13-W City of Little Rock, Pula- ski Co., Arkansas; thence S89048'45"E 125.0'; thence S510716"E 64.02'; thence S89046144"E 173.12'; thence S5015154"W 240.84'; thence S28022'1"W 56.70' accross the common section line of hereinbefore said Sections 29 and 32; thence SO011'15"W 210.0'; thence N89049'21"W 125.03'; thence N5107'6"W 64.02'; thence N89048137"W 120.78' to a point on the west line of the NW NW Sec. 32, T-2-N, R-13-W, City of Little Rock, Pulaski Co., Arkansas; thence Nlol'19"W 200.04' along the said west line NW NW Sec. 32 to the point of beginning; containing 3.64 acres more or less. AND WHEREAS, it is desirable that all of the above described property be platted into lots, blocks, tracts and streets; NOW, THEREFORE WITNESSETH: 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 "The Pointe Phase 1" and the date December 15, 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 ComMi555ion and is of record in the office of the Circuit Clerk and ex-officio recorder of Pulaski County, Arkansas in Plat Book , Page , the grantor does hereby make this Bill of Assurance. 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 "The Pointe Phase 1". The grantor hereby dedicates 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 of 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 time to the proper authorities and to the easement 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 sufficient description thereof; The lots in said subdivision shall be sold by the grantor and shall be purchased by the buyers thereof subject to the following covenants, to wit: 2 c 1. LAND USE AND BUILDING TYPE. Said land herein platted shall be held, owned and used only as residential building 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 which shall not exceed two and onw-half stories in height when seen from the front or Principle street facade, a private garage for storage of passenger cars owned or used by the residents (storage of trucks being prohibited), guesthouse, servants quarters, and other outbuildings incidental 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 showing the location and facing of such building with respect to existing, topography, adjoining streets, and finished ground elevations have been approved in writing by the Grantor. In the event the Grantor fails to approve or disapprove any plans, specifications, exterior color scheme, or plot plan submitted to it as herein required within thirty days after such submission, this covenant shall be deemed to have been 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 to prevent any of the owners of property in this Addition from maintaining any legal action relating to inprovements 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 ofthe residential portion of each principal structure shall be not less than 2,200 square feet and the entire structure shall not have less than 2S00 square feet under roof unless residential portion consists of two full stories, in which case the entire structure shall have not less than1,600 square feet under roof. The minimum square foot area under roof requirements shall be computed 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 horizontal plane to the outside top plate line of the principal 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 minimum building set -back -lines shown on the recorded plat. No building shall be located nearer than a distance equal to ten percent of the width of the lot at the front building 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 purposes of this paragraph, eaves, steps, balconies and opwn porches shall be adhered as a part of the building but open terraces or patios without roofs shall not be so considered. S. LOT AREA AND WIDTH. No lot shall be subdivided without 3 the written consent of the Grantor and the Little Rock Planning Commission first had and obtained, and in any even no dwelling shall be eredted or placed on any building site having a width of less than 75 feet at the minimum building set back line, mor shall any dwelling b erected or placed on any lot having an area of less than 12,000 square feet. 6. EASEMENTS. Easements of way for streets as shown on the plat filed herewith have heretofore been donated and dedicated to the pubic, and the persons, firms or corporations engaged in supplying public utility services, the same being without limiting the generality of the foregoing, 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, reference being hereby made to the plat filed herewith for a more specific description of width and location thereof. As the telephone facilities are underground, any alterations or lowering of the surface grade and the underground 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 easements and upon the lands adjacent thereto which will damage or which will interfer with the installation, maintenance, operation and replacements of the electric and telephone cables, facilities and equipment, and supplying of service from such equipment are also prohibited. No trees, incinerators, structures, buildings, pavement, 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 replacement of any utility service. In the event any such trees, incinerators, structures; buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easement, no utility will be liable for the deatructiion of same in the installation, 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 cables between the point of delivery of such utilityservice, as located by the utility company the 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 services. 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 4 lighting purposes may be erected, maintained and operated in, under and along the streets and public ways. 8. NUISANCES. no noxious or offensive activity shall be carried on upon any lot, nor shall 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 unimporved lots free from trash, debris and overgrown vegatation. 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 guesthouse 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 propertty for sale or rent or signss used by a builder or developer to advertise the property during the construction and sales period. 11. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels mineral excavations or shafts be permitted upon or in building site. No derick or other structure designed for use in boring for oil or natural gas, shall be erected, maintained, or permitted upon any building site. 12. LIVESTOCK AND POULTRY. No animals, livestock, or poultry or any kind shall be raised or kept 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, hadge, or shrub planting or other obstacle which obstructs sight lines at elevations of more than 30 inches above the roadways shall be placed or permitted to by the streetlines and a line connecting them at point 50 feet 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 permitted to extend beyond the minimum from building setback lines 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 struture shall be erected along property lines without approval 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 expiration 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 prosecute any proceedings at law or in equity against a person or persons violating or attempting to violate such covemants 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 develop as The Pointe Phase 1 the property herein set out and additional adjoining property in separate phases covered by separate Bills Of Assurance. 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 instrtument signed and acknowledged by the owner or owners of over fifty percent (50%) in area of all land now or hereafter platted as The Pointe Phase 1 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, Arkansas. Provided, however, no amendment to this Bill of Assurance which closes, alters or relocated or in any manner affects any easement shall be effective unless such amendment 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. 0 18. 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. 19. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 30 days from the date these covenants and restrictions are recorded after which time said covenants and restrictions shall be automatically extended for successive periods of 10 years, unless an instrument signed by a majority of the then owners of the lots had been recorded, agreeing to change said covenants and restrictions in whole or in part. 20. There is an eastment reserved on the rear of Lot 4 for the purposes of providing for common access and utilitys to Lot 4 of The Pointe Phase 1 and Lots 17, 18, 19, and 20 of Westport Phase 1, and certain other lots which will be platted in the furture backing up to Lots 18, 19, and 20 of Westport Phase 1 and Lot 4 of The Pointe Phase 1. Maintenance of the private drive provided for the hereinbefore mentioned lots will be the equal responsibility of the lots adjoining the drive reguardless of whether or not the lots utilizes the driveway as access. LITTLE ROCK PLANNING COMMISSION APPROVES DATE �/ BY: BIG K DEVELOPMENT KELTON R. BROWN, CORPORATION SR., PRESIDENT• 7 ACKNOWLEDGEMENT STATE OF ARKANSAS) ) SS COUNTY OF PULASKI) BE IT REMEMBERED, that on this day came before me, the undersigned Notary Public, within and for the County aforesaid, duly commissioned and acknowledged as Kelton R. Brown, Sr., to me well known as the grantor in the foregoing Bill of Assurance; and stated that he had executed the same for the consideration and purposed therein mentioned and set forth. WITNESS my hand and officail seal this day of 1986. My commission expires: (Seal ) NOTARY PUBLIC 0 IVE.STEF, HENRY, SKINNER & CAMP A PROFESSIONAL CORPORATION HERMANN IVESTEW ATTORNEYS AT LAW OF COLINSEL DAVID P. HENRY 212 CENTER STREET, SUITE 900 HOWARD COCKRILL H EDWARD SKINNER" Linu ROCK, ARKANSAS 72201 CHARLES R CAMP (501) 316 77BB RICHARD C. DOWNING, P.A. I KENDAL COOK FIRST FEDERAL PLAZA. SUITE 507 STEPHEN L CURRY LITTLE ROCK ARKANSAS 72201 C. NICHOLAS THOMPSON (501) 372 2066 WAYNE B. BALL - SAMUEL E LEDBETTER RUFUS E WOLFF WI LAM a KEISLW... February. 6 , 1987 'ALSO ADMITTED IN THE U S PATENT AND TRADEMARK OFFICE RANDAL B. FRAZIER "ALSO ADMITTED IN MISSOURI ORIN E MONTGOMERY .:::ALSO ADMITTED IN TEXAS ALSO ADMITTED IN GEORGIA Mr. Richard Wood Department of Comprehensive Planning Little Rock City Hall Little Rock, Arkansas 72201 Re: Hillsboro Phase VI Westport Phase I and The Pointe Phase I Dear Richard: This is to advise that I represent Big K Development, Inc. In that regard I have been advised by Mr. Bob Richardson, the engineer for Big K Development, Inc., that Van McClendon advised Mr. Richardson this afternoon that your Department has made a collective decision to deny Phase I Westport and Phase I The Pointe final plats until such time as Phase VI Hillsboro is completed. This position comes as quite a shock to me. I am unaware of any legal authority which would support your action. To the contrary, your decision flies in the face of standard practice in other similar situations. However,"rather than rush to the Courthouse, I prefer to give you an opportunity to advise me of any authority and/or reasoning which would support what otherwise appears to be a very arbitrary and capricious act on the part of your Department. Therefore, please consider this as a request for enlightenment in these regards. If I have not heard from you by Wednesday, February 11, 1987, I will assume that my client has no alternative but to seek relief by way of litigation. Incidentally, I am of the opinion Letter to Mr. Richard Wood Page Two February 6, 1987 that your regulatory efforts is tanamount to a taking and will produce damages from Big K Development, Inc.'s inability to sell lots or otherwise recover its substantial investments in these areas. In other words, I anticipate an action for damages as well declaratory relief as to compliance with the city sub- division ordinance. Sincerely, IVESTER, HENRY, S INNER & CAMP David P. Henry DPH/dld cc: Mr. Kelton Brown Mr. Robert J. Richardson