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HomeMy WebLinkAboutS-0024-SS ApplicationXA Lifdle Rock Wastewater Utility October 5,1989 221 E. Capitol Little Rock, Arkansas 72202 501/376-2903 FAX # 501 /376-3541 Mr. Roy Beard City of Little Rock Department of Public Works 701 West Markham Little Rock, AR 72201 Re: The Point Phase III & IV Dear Mr. Beard: 14dell r. The Little Rock Wastewater Utility has experienced problems with the building of homes in the above referenced subdivision. The final plat for this subdivision was inadvertently signed by the Utility before the sewer mains were accepted. At this time, the Utility has not been able to get the required documents from the owner in order to accept the sewer mains. The Little Rock Wastewater Utility is requesting that no Building Permits be issued for this subdivision until such time as the sewer mains have been accepted by the Utility. The Utility has allowed one residence to tie to the sewer even though the mains have not been accepted. The builder, at the time he bought the property and started building, did not understand that.the sewer had not been ap- proved and that he would not be allowed to connect. The only alternative to having this situation happen again is to not issue the Building Permit. The owner of the subdivision has been notified by the Utility that allowing the one residence to tie on to the sewer does not constitute acceptance of the system and that no fur- ther connections will be allowed regardless of the circumstances. If you have any questions concerning this matter or we can be of any further assistance, please call. Sincerely, LITTLE ROCK WASTEWATER UTILITY James Boyd, P.E. Senior Staff Engineer ka cc David W. Smith, P.E., Director of Engineering Services Denny Thompson, Engineering Technician Jim Lawson, Public Works Mark Whitacker, Public Works City of Little Rock Department of Public Works July 26, 1988 701 West Markham Little Rock, Arkansas 72201 371-4800 Robert D. Holloway, P.E. 200 Casey Drive Maumelle, AR 72118 Re: The Pointe, Phases III & IV Approval of construction. Dear Mr. Holloway: Engineering Division This office has inspected and approved the construction of street and drainage facilities. In lieu of maintenance bond, we have received from Kelton Brown, Sr. an irrevocable letter of credit number. 0297 drawn on First Federal of Arkansas in the amount of $26,500.00 dated July 15, 1988 to run for one year. On about July 15, 1989 the project will be inspected for release of the letter of credit. Very truly yours, Carroll F. Ball, P.E. Design Chief cc: Big K DeveIopmeoy 0. Van McClendon ✓✓ File-5005 File S- C) L) � LLJ 0 rd ::. V) ry LLJ LLJ �-4 LU -1 v) LLJ (1) = LL- LIJ = CD 4-) -J LU C) L.L. Lo LL. V-1 R5 u CD- H LL. C) O 4-3 4-) ro E 4-3 u 4-) to fd r- 0) r- V) rts rd rd fu CD ca N a O a) 0 S- ocf m 0- LL- V) m N" 14 4-) rd BILL UN ASSURANCE KNOW ALL MEN BY THESE PRESENT: THAT, WHEREAS, Kelton R. Brown, Sr., (hereinafter called "Grantor"), is the sole owner of the following described land lying in the county of Pulaski, State of Arkansas, to wit: Lands lying in a fractional pert of the Southwest quarter of Section 29 and a fractional part of the Northwest quarter of Section 32, all in Township 2 North, Range 13 West, Pulaski County, Arkansas and more particularly described as follows: Commencing at the Southwu:jt corner of said Section 29 which is also the Northwest corner of said Section 32; thence North 256.55 feet; thence East 388.91.feet to the point of beginning; thence North 01-19'-06" East 357.29 feet; th8ncu South 89-48'-45" East 165.00 feet; thence North 01-19'-06" L;aat 159.63 feet; thence North 86-05'-24" East 38.01 feutt thunse South 41-34'-14" East 260.99 feet; thence North 47-52'-09" East 150.00 feet; thence South 42-07'-52" East 114.31 feet; thence South 33-40'-41" East 123.14 feet; thencS south 83 - 43'-54" East 203.34 feet; t118nce south 01-20'-15" West 170.00 feet; thence South 23-�34'-29" West 348.36 feet; thence North 88-57'-07" Wuut 65.00 feet; thence South 06-24'-49" West 48.87 feet; thunge South 68-03'-43" West 415.88 feet; thence North 05-48'-36" West 306.14 feet; thence North 00-11'-15" East 165.00 feet to the South right of way line of Vista Point Drive; thence North 28-2l'-59" East 56.70 feet to the North right of way line of vista Point Drive; thence leaving the said North right of way line North 05-15'-52" East 240.84 feet to the point of beginning containing 13.998 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 Jerry L. Earnhart, Land Surveyor, and a plat therefore made by Robert D. Holloway, Inc., Consulting Engineer, which is identified by the title "The Pointe Phase III and IV"and the date May 30, 1988, and by the signature of the said surveyor, 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 Book ` , Page . I the grantor does hereby Hoke this Bill of Assurance. And, the grantor does hereby lay off, plat and subdivide the above described rual property in accordance With said plat. The lands embraced in said plat shall be forever known as "The Pointe Phase III and IV. The grantor hereby dedicates to the public forever an easement of way on and over the streets as shown by *aid 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. Owner* 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 thereofi The lots in said subdivision shall be sold by the grantor and shall be purchased by the buyers thareof subject to the following covenants, to wit: I. LAND USE AND BUILDING TYPE. Said land herein platted shall be held, owned and used only as residential building site& except as otherwise shown on said plat. No structures shall be erected, altered, placed or permitted to remain on any single- family residential building bite other than a single detached single-family dwelling which shall not exceed two and onw-half stories in height when seen from the front o'r 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. placedor 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 lass than 2,200 square feet and the entire structure shall not have less than 2500 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 cave 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 aide 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 2S fact 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 bliall not be so considered. S. LOT AREA AND WIDTH. No lot ehall be subdivided without inn written consent of the Grantor and the Little Rock Planning Commission first had and obtained, and in any even no dwelling shall be erected or placed on any building alto having a width of.. less than dwelling bterectednoruplaceddonganyset lotIhavingline. an area shall any - 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 puollc utility services, the same being ic powarwithout limiting the generality of the foregoing, 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, aintenaClower ndeldre repair and nage have replacement of utility services, heretofore been reserved, said easements being of various widths, reference being hereby made to the plat filed herewith for a more As the specific description of width and locatioatheiterations or telephone facilities are underground, ny 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,; ements shall be buildings, fences, pavement or similar improv grown, built or maintained within the area of such easement, no utility will be liable for the dea-tructiion 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 requiremtnts 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 overlluad wire and cables for utility bited services aoweverethat1lightnbtandardahiand/oritowerssAddition for hstreet provided, 4 lighting purposes may be arected, maintained and operated in, under and along the streets and public ways. S. 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'nulbdnce to the neighborhood. No trucks, commercial vehicles or inoperative vehicles say be stored on the premises or parked on the premises other than! for making routine deliveries. Owner further aoraaa to keep uninporved lots tree from trash, debris and overgrown veoatation. 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 ab is necessary and owner, shall reimburse Grantor for the cost involved. 9. TEMPORARY STRUCTURES. No trailer, basement, tent, shack, garage, barn or outbuildinU, 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 rant or signss used by a builder or developer to advertise the property during the construction and sales period. H. OIL AND 11INING 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, tunneln 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. LIUESTOCK 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 elovdtions 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 feat 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, dnd a line connecting them at points SO feet from their intersection. No trees shall be permittad to remain within such diatancea of such intersections x unless the foliage ling is maintained at a height of B feet to prevent obstruction of such sight linos. 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 fencas alon47 utility easements, no fence, wall or other strutura shall be erected along property lines without approval of the Qc5ign, construction and materials by tha 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 covenants 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 III and IV 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 III and IV although covered by separate Bills of Assurance; provided that any such amendment must also he 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 affect. b 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. LITTLE ROCK PLANNING COMMISSION APPROVES r DATE ❑ II BY: KELTON R. BR , SR. 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 commis- sioned 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. VIZ WITNESS my hand and official seal this day of , 1988. 67 NOTARY IC My commission expires: �p (Seal) ROBERT Q:' HOLLOWAY, INC. ROBERT D. HOLLOWAY ee PRESIDENT vn3u[Eln(j n�ineer REG. PROFESSIONAL ENGINEER REG. NO. 2]]S REG. LAND SURVEYOR 200 CASEY DRIVE REG NO Ba MAUMELLE. ARKANSAS 72118 851-3366 June 27, 1988 Mr. Van McClendon Little Rock Planning Department City Hall, Room 311 Markham and Broadway Little Rock, Arkansas 72201 Dear Van: Please find enclosed 11 prints of the final plat of "The Pointe", Phase III and IV with the additional easements required for utilities and by Carroll Ball for drainage. Sincerely, ROBERT D. HOLLOWAY INC. CoTING ,DNGINE R ,.<.� 0� Robert D. Holloway President RDH/jbm C.C. Mr. Carroll Ball Mr. Kelton Brown MEMBER ASCE ACEG NSPE NHSA AWWA ARLS 71C /Y%�pr?�/ifllY//yl / 0 r !/.s-1V .�irr/•gC .oG�T .BEY/E'er/ CVct- C'10-su r-e— C% a%a'�-end-- 7L"D' / �-•- �S�a o �i - --2 z --FF ✓', �� _ado--�_ .� L63d-3G