HomeMy WebLinkAboutS-0024-XX ApplicationBILL OF ASSURANCE
REPLAT OF LOT 1 OF THE POINTE PHASE 1
KNOW ALL MEN BY THESE PRESENT:
THAT, WHEREAS, Kelton R. grown (hereinafter called
"Grantor") is the sole Owner of the following described land
lying in the county of P:.�laski, State of Arkansas, to wit:
Part of the NW NW Sec. 32,T-2-NI P-13-1W all ..'ithin the City
of Little Rock, Pulaski Co., 'Arkansas, More particularly
described as follows:
Ccmmencin- at tFhg NW corner -Of Sec. 329 T-2-N, R-13-W, City
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of little Rock, Pulaski Co., Arkansas; thence S1"1+1q"E
105.021 along the west line of said Sec. 32 and the west
line of Lot 2 The Pointe Phase 1 Additio.n, to the City of
Little Rock, Pulaski Count',', Arkansas to the SW Corner of
said Lot 2 and the NU Corner -f Lot 1 The Pointe Phase 1;
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thence Sae n9139'E 122.78' along the south lire of said Lot
2 and the north line of said Lot 1 to the SE Corner of said
Lot 2 and the NE Corner of said Lot 1 and being a point on
the west R/IW line of Reckingham Court 60' R/IWI; thence
S0o11'15"W 105.0' along said west R/W line to the NE Corner
of Lot 100 Hillsborough Phase 6 Addition to the City of
Little Rock, Pulaski County, Arkansas; thence N87-26'14"W
120.78' along the north line of said Lot 100 to a point on
the hereinbefore said west line of Section 32; thence
P!1o1'19"!! 19@.m2' along said aest line Sec. 32 to the point
of beginning; containing 0.29 acres more or less.
AND WHEREAS, it is de-5 i rab l e that a l l of the above described
property be platted into lot= block tracts and streets;
NOW, THEREFORE I ITNCCCETH
That, the said Grantor, has caused said tract Of lend to
be
surveyed by Robert T. Richardson Consulting Engineers, Inc., and
a plat therefore made which is identified by the title "Replat of
Lot 1 of The Pointe Phase 1 and the date December 15.E 1096and
b%, the signature of the said engineer and the said grantor and
J may.
bears a certificate of approval executed ..y � the Little Rock
Planning Commisasion 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 "Replat of !of ? of 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 Narked "!utility Easement" and "Drainage Easement" reserved
for the use of public utilities, and for drainage purpQfie$
respectively, aub'iec4. at all time to 4.he rnroPer WItho.ritiea ^d
to the easement herein reserved. Owners of lots i. this
subdivision shall take their titles subject to the rights of
Public utiIitiss 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 -
Count., 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
auffi-dent description thee- -of.
The lots in, said Subdivision shall be sold by r the gantor
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and shall be purchased by the buyers thereof .,ubJect to the
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following covenants, to wit:
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 sin.gle-
..
family residential building site otter than a single detached
sin le -family• dwelling which shell not exceed two and onw-half
2tories in height when seen from the front or Principle street
facade, a private garage for storage of passenger cars c°,:lned 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
this coven.arnt shal l be deemed to have been f_ul ly met
by the person submitting such plans for approvals Nothing herein
ccn.tained nor the required consent of the Grantor shall i.n. army
way be deemed to prevent any of the owners of property in this
Addition from maintaining any legal action relating7 to
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innr�r�ovements within this Addition which they would Otherwise be
entitled to maintain. There shall be no compensation to Grantor
for the servic-es 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 2500 square feet under roof unless residential
portion consists of two full stories, in which 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
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
y
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, stsps, balconies and opwn
porches shall be adhered as a part of the building but open
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terraces or patios without roofs shall not be so considered.
5. LOT AREA AND WIDTH. No lot shall be subdivided without
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, nor
shall any dwelling be erected or placed on any lot having an area
Of less than 8,000 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 service's.
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 lards adJacent thereto which will
damage or which will interfer with the installation, maintenance,
operatic-n and replacements of the electric and telephone cables,
fac 1 t'ea and equipment and supplying of service from such
^u:^^^ent ars also prohibited. No trees, incinerators
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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. A11 owners of lots shall and maintain 'i„
.. coconformity :th applicable curdle reps. emen+c and other-
nformity � .... � applicable f.. � ... ., ... 2 r .... ... �.
rep-Ulaticns underground telephone service conduits and cables
between the point of deliver., of such utilit ce^:rice, 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, insta-llation of
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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
lighting purposes May be erected, 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 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 STRUCTUP.ES. 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 and, and a line connecting them at
points 5@ 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 covenants or restrictions, either to prevent him or
them from so doing or to recover damages for such violations.
1 LG AMMENDMEN1TC it ; a the intention of the Grantor to develop
as Replat of Lot 1 of 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 .,hole or in -art, only by a written in.c.tn}uent
signed) and a.4nQ'wle�ln�e.� by the owner
Ol:'ner� �f CVen Fif+
percent (50v) in area of all land now or hereafter platted as
Replat of Lot 1 of The Pointe Phase 1 although covered by
separate Bills of Assurance; r prc.,ided that any such .amendment
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must also be approved by the Little Pock Planning Co-n-J55-ion.
The nrcvi si ons of any. instrument amending this cu 'qua n+
Ri l lc d--1 f, led for record in Pula5ki f`n. nt An43nene
Provi,4=,4 however, no amendment to this Rill of Assurance 'w'h:ch
closes alters or relocate' in nn�. manner effects any easement
v .. ... .. .� .I
shall closes,
effective unless such amendment has been executed k,
..y
each utility having utilities situated in this Addition.
17. SPPAPAQT1 TTV Tn .31 idation of any restriction Set fn+F
herein, -art thereof, by an order, udgMen+ or decrees
of any court or otherwi5e, shall not invalidate or affect any of
the other restrictions, or any part thereof as set forth herein,
but the Shall ma;in fu 1 farce and effect
C:
le. No obstruction shell be placed in the atreet or getter.
Curbs shall be broken at driveways, and driveway aprons shall not
extend past the face of the curb.
!e. These covenants and restrictions are to with the land
and shall be binding an 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 1e 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 :'hole or in part.
LITTLE C ROCK PI AMNIN6 COMMISSION APPROVES
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ACKNOWLEDGEMENT
STATE OF ARKANSAS)
) SS
COUNTY OF PI LASKI )
BE IT REMEMBERED, that an this `ay came before men the »
undersigned Notary Public, within and for the Count,, , aforesaid.
a
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 thiszz��day of
1- : /4 P7
NOTA Y UBLIC
My commission expires:
( Seal )