HomeMy WebLinkAboutS-0046-Y ApplicationG555
OVERLOOK
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
2002209288
12/26/2002 10:29:27 AM
Filed & Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $62.00
THAT, WHEREAS, PFEIFER DEVELOPMENT COMPANY, an Arkansas
corporation (hereinafter called "ALLOTTER") is the owner of the following described tend
lying in the City of Little Rock, County of Pulaski, State of Arkansas, to -wit:
That certain tract or parcel of land more fully described on Exhibit "A"
attached hereto and made a part hereof for all purposes.
AND, WHEREAS, it is desirable that the above described property be subdivided
and/or replatted as shown on the attached plat filed herewith, subject to the protective
covenants herein contained.
NOW, THEREFORE, the Allotter, for and in consideration of the benefits accruing
to it, its successors and assigns, which benefits are acknowledged to be of value, has
caused said trail of land to be surveyed by White Daters & Associates, Registered
Professional Engineers, and a plat thereof made, which is identified by the title Lots 116
and 117, OVERLOOK PARK Addition to the City of Little Rock, and dated
and by the signature of said Engineer and Allotter and bearing
certificate of approval executed by the Little Rock Planning Commission, and is of record
in the offic of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in
Plat Boa , page '556 and does hereby make this Bill of Assurance.
Allotter hereby donates and dedicates In the public an easement on, over, and
under the streets on said plat to be used as public streets. In addition to said streets, there
are shown on said plat certain easements for drainage and utilities which Allotter hereby
donates and dedicates to and for the use by public utilities, the same being, wit
ro. A
generality of the foregoing, cable TV, electric power, gas, telephone, water and sewer, with
the right hereby granted to the persons, firms, or corporations engaged in the supplying of
such utilities to use and occupy such easements, and to have free ingress thereto and
egress therefrom for the installations, maintenance, repair, and replacement of such utility
services.
The filing of this Bill of Assurance and Plat shall be a valid and complete delivery
and dedication of the streets and easements subject to the limitations set forth.
The lands embraced in said plat shall forever be known as Lots 116 and 117,
Overlook Park Addition to the City of Little Rode, and any and every deed of conveyance
of any lot in such Addition describing the same by the number shown on said plat shall
always be deemed a sufficient description thereof.
Said lands herein platted and any interest therein shall be held, owned, and
conveyed subject to and in conformity with the following covenants, restrictions, and
conditions, with the exception that Lot 92R will only be subject to those covenants,
restrictions and conditions contained in the Bill of Assurance recorded in Dead Record
Book 1258 at page 227:
1. Land Use and Building Tyne. Said land herein platted shall be held, owned,
and used only as residential building sites, except as otherwise shown on said plat. No
structure shall be erected, altered, placed, or permitted to remain on any residential
building site otherthan a single, detached, single-family dwelling. No dwelling shall exceed
two and one-half (2Y2) stories in height as seen from the front or principal street facade.
Provided, however, there may be constructed on any lot a private garage for storage of
passenger cars owned or used by residents (storage of trucks being prohibited),
2
guesthouse, servants' quarters, or similar building incidental and rotated to residential use
of the promises. Provided, further, that height of residential dwellings shall also be
restricted by ridge height provisions set forth hereunder.
2. Architectural Control. No building shall be erected, placed, or altered on any
property in this Addition until the building plans and specifications, landscaping, exterior
color scheme, 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 Allotter. Such plans shall provide for landscaping within a
reasonable time of completion of construction, and shall also show the location of refuse
and garbage collection area, and clothes drying area and the method of screening them
from public view. In the event the Allotter fails to approve or disapprove such plans and
specifications within thirty (30) days after the same have been submitted to it, such plans
and specifications shall be deemed to fully meet the requirements of this covenant.
Nothing contained heroin shall in any way be deemed to prevent any owner of the property
in this Addition from enforcing any legal rights which such owner may have as to any
proposed improvements in this Addition.
Street lighting is not provided for as a part of the improvements provided by the
developer. The architectural plans, which must be submitted for approval (as required
elsewhere in this Bill of Assurance) must show that the owner will provide a reasonable
number of front yard lighting fixtures.
3. Delegation of Authority. The Allotter may create a Property Owners'
Committee composed of not less than three (3) individual owners of property in this
Addition. The Allotter shall designate the original owners of this Committee and any
,-43
vacancy occurring upon such Committee shall be filled by a person designated by a
majority of the then members of the Committee. The Allotter shall have the right, by a
written instrument recorded in the office of the Recorder of Pu laski County, Arkansas, to
delegate and transfer to such Committee all authority, rights, privileges, and duties
received by the Allotter in this Bill of Assurance, including, but not limited to, architectural
control, modification of setback requirements, consent to construction of outbuildings, end
exercise and waiver of right of purchase contained herein.
4. Lot Area and Width. No lot shall be subdivided without the written consent
of the Allotter, and the Little Rock Planning Commission first had and obtained, and in any
event no dwelling shall be erected or placed on any building site having a width of less than
100 square feet at the minimum building setback line, nor shall any dwelling be erected or
placed on any lot having an area of less than 13,000 square feet.
5. Minimum Principal Dwelling Site. No residence shall be constructed or
permitted to remain on any building site in this Addition unless the finished heated living
area, exclusive of parches, patios, carports, garages, breezeways, exterior stairways,
porte-cocheres, storage areas, and outbuildings, shall equal or exceed 2,600 square feet
for a one story structure; or, if a spilt level or multi -story structure, the minimum square feet
for the entire residence shall be at least 3,000 with 2,220 square feet on the main or entry
level floor. Finished heating living area shall be measured in horizontal plane to the face
of the outside wall on each level.
6. Setback Requirements. No residence shall be located on any lot nearer to
the front lot line or nearer to the side street line than the minimum building setback lines
shown on the recorded plat; provided, such setback requirements may be modified if such
4
modification is approved by the Allotter and the Little Rock Planning Commission or the
Little Rock Board of Adjustment, or such other regulatory agency as may succeed to their
functions. No building shall be located nearer to an interior lot side line than a distance of
fifteen (15) feet. No principal building shall be located on any lot nearer than twenty-five
(25) feet to the rear lot line. Provided, further, that Allotter reserves the right to restrict the
location or height of structures to the a)dent necessary to provide reasonable sight
distances and view from adjacent lots. For the purposes of this covenant, eaves, steps,
balconies, and open porches shall be considered as a part of the building, but open
terraces or patios without roofs shall not be so considered.
7. Frontage of Residence on _Street Any residence erected on any lot in this
Addition shall front or present a good frontage on the streets designated in the plat, and
for this purpose as applied to all inside lots, it shall mean that the residence shall front on
the street as designated by the front building line, and on any corner lot it shall mean that
the residence shall front or present a good frontage on both of the streets as designated
by the front building lines.
8. Access Driveways. Access to any lot from the street shall not be permitted,
except from the front of the lot, as designated by the location of the front building line
shown on the plat. All residences constructed on any lot or lots covered by this Bill of
Assurance shall have and maintain a paved driveway, the location, substance,
construction, and dimensions or which shall be first submitted to and approved in writing
as to the harmony of external design and location in rotation to surrounding structures and
topography in the subdivision by the architectural control committee.
5
9. Commercial Structure. No buildings or structures of any type may ever be
placed, erected, or used for business, professional trade, or commercial purposes on any
portion of any lot, except that a subdivision sales office maybe erected on any unsold lot
This provision shall not apply to any business or structure that may be placed on any lot
or portion of a lot, which is used exclusively by a public utlity company in connection with
the furnishing of public utility service to this Addition.
10. Signs or Billboards Prohibited. The construction or maintenance of signs,
billboards, advertising boards, or other similar structures on any lot is specifically
prohibited, except that a sign advertising the sale or rental of a lot is permitted, providing
it does not exceed six (6) square feet in size. Any permitted sign shall not be nailed to a
tree or other growth, but in all instances shall have its own support, and be neat in
appearance. This paragraph does not prohibit the use of property by the Allotter for
advertising purposes during the sales period.
11. Outbuildings. Trailers. Storage Prohibited. No trailer, basement, tent, garage,
barn, or, other outbuilding, except as permitted in Paragraph 1 hereof, shall be permitted,
temporarily or permanently, and none of such outbuildings, other than a guesthouse or
servants' quarters, shall be used for human habitation, temporarily or permanently.
Permanent storage of boats, boat trailers, house trailers, vacation trailers, or similar
portable items shall not be permitted on any lotwithout appropriate cover or screening from
public view.
12. Livestock and_Pouitry Prohibited. No animals, livestock or poultry of any kind
shall be raised, bred, or kept on any lot or part thereof, except that dogs, cats, or other
Y
household pets may be kept; provided, they are not kept, bred, or maintained for
commercial purposes.
13. Noxious Activity. No noxious activity or offensive trade or activity shall be
carried on upon any lot, nor shall any trash, ashes, or other refuse be thrown, placed, or
dumped upon any vacant lot, norshall anything ever be done which may be or become an
annoyance of nuisance to the neighbor.
14. Oil and Mineral Operations. No oil drilling, oil development operation, 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 any building site. No derrick or other structure designed for use in boring for oil
or natural gas shall be erected, maintained, or permitted upon any building site.
15. Cesspool. No leaching cesspool shall ever be constructed or used on any
lot.
16. Easements. Easements of way for streets as shown on the recorded plat
have been donated and dedicated to the public and persons, firms, or corporations
engaged in supplying electric power, gas, telephone, water, sewer and CAN shall have
the right to use and occupy said easements of way and streets for the installation,
maintenance, repair and replacement of such utility services. Other easements for the
installation, maintenance, repair and replacement of utility services and drainage have
been reserved, said easements being of various widths, reference being made to the
recorded plat for a more specific description of width and location. Th a agents, servants,
and employees of any pa rties giving any utility service sha II have the right of ingress to and
from and in, over, and across said easements, and no improvements, trees, incinerators,
7
fences or other hindrances shall be placed upon such easement areas that will interfere
with the operation and maintenance of such utility services. In the event such
improvements, trees, fences or other hindrances are grown, built, or maintained with the
areas of such easements, no utility shall be liable for the destruction or repair of same.
17. Electric Power Easement. Exposed overhead wires and cables for utility
services are prohibited in this Addition, except within the easements and rights -of -way
along perimeters of this Addition and within the easement between Lots 126 and 127
where designated on the recorded plat. All electric power facilities shall be underground;
provided, however, that street light standard, towers, and overhead wiring for street lighting
purposes may be installed, erected, maintained and operated in, under, and along the
streets and public ways, I the utility is directed to make such installation by any
governmental authority having jurisdiction. Electric power utilibes shall have the dominant
right to us and occupy the easements specified for them on the recorded plat for the
installation, maintenance, repair and replacement of this type of utility service. Except for
the right of communications utilities to occupy these easements, as shown on the recorded
plat, they shall be separate and exclusive easements dedicated solely for electric power
utility purposes.
Any alterations or lowering of the surface grade atthe ground in any easement and
the area immediately adjoining such easement are prohibited, which would result in there
being less than thirty (30) inches of clearance either vertically or thirty-six (36) inches
horizontally between the surface grade and the underground electric cables and
conductors supplying electric powerand service, and as the electric distribution transformer
stations and service connection points are located on the surface grade, fills, within the
areas of said easements and upon the lands adjacent thereto which will damage or which
will interfere with the installation, maintenance, operation, and replacementof the electric
cables, facilities and equipment, and the supplying of service from such equipment are else
prohibited. The electric utility will be reimbursed by the owner(s) for any reasonable cost
of relocating, additions to, or changes in its facilities occasioned by changes in grade,
replat of lots, orchange in usage designated in these protective and restrictive covenants.
All owners or lots shall enter into a standard agreement with electric utility for the
installation of their underground service laterals and/or electric service entrance conductors
of adequate capacity. The terms of the electric power easements shall remain in existence
so long as the said easements are being used by the electric utility to supply electric power
and said easements shall extend beyond the limitations of terminating clauses as may or
may not be set out elsewhere in these protective and restrictive covenants.
18. Drainage Structure. No drainage structures or outlets of any type shall be
permitted on any lot, unless the same shall conned with existing gutters or other existing
drainage structures in the Addition, so as to prevent damage to any other property owner.
19. Existing Structures, No existing, erected building or structure of any sortmay
be moved onto or placed on any let in this Addition; provided, however, this prohibition
does not apply to a sales office used by the Allotter.
20. Fences. No fence, wall, hedge, or mass planting shall be permitted to
extend beyond the minimum front building setback lines established herein orfrom the side
yard building line to the street or corner lots, except upon approval by the Allotter. No
fence, wall, or other structure shall be permitted along or near any property line without
approval of the design, construction and materials by the Allotter.
21. Property Line and Boundaries. Iron pins have been seton all lot comers and
points of curve and all lot dimensions shown on curves are chord distances, and all curve
data as shown on the attached plat filed herewith is center line curve data. In the event
of minor discrepancies between the dimensions or distances as shown on the attached plat
and actual dimensions or distances as disclosed by the established pins, the plus as set
shall control.
22. Driveway Obstructions. No obstruction shall be placed in the street gutter.
Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line
not more than two (2) inches above the gutter grade.
23. Sight Distance at Intersections. No fence, wall, hedge or shrub planting
which obstructs sight lines at elevations between two (2) and six (6) feet above the
roadways shall be placed or permitted to remain on any comer lot within the triangulararea
formed by the street property lines connecting them at points fifty (50) feet from the
intersection of the street lines, or in the case of a rounded property corner, from the
intersection of the street property lines extended. The same sight line limitations shall
apply on any lot within ten (10) feet from the intersection of the street property linewith the
edge of a driveway or alley pavement. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at sufficient height to
prevent obstruction of such sight lines. This paragraph shall not prevent the erection of
special landscaping or street markers by the Allotter, provided that same shall have the
approval of the City of Little Rock.
24. Entrance Gates. Nothing contained herein shall preventthe construction by
the Allotter of appropriate entrance gates to the Addition, approved by the Little Rock
10
Planning Commission or other appropriate agency of the City of Little Rock, on property
or easement reserved in the plat for said purpose.
25. Ri ht to Enforce. In the event of any violation or attempt to violate any of the
covenants or restrictions herein before the expiration date hereof (whether the original
expiration date or the expiration date of any extension thereof), it shall be lawful for any
person or persons owning any lots in the Addition or any utility company owning utility
facilities in any utility or street easement, 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.
26. Common Area Maintenance.
(a) Tract "A° shown on said Plat isa common area to be jointly maintained
by the abutting lot owners, in accordance with the requirements of the ordinances of the
city of Little Rock. The owners of Lots 112 through 118, inclusive, shall be jointly and
equally liable for the expense of said maintenance; and each deed of conveyance of any
of said lots shall contain a provision underwhich the grantee shall be obligated to pay his
or their proportionate share of the cost of said maintenance.
(b) Private Drive "A" shown on said plat serves Lots 113, 114, 115 and
116. Each owner of said lots shall have a non-exclusive easement for the reasonable use
of said drive. The owners of said lots shall be jointly and equally liable for the reasonable
cost of maintaining said drive. Any owner of either of said lots may propose an expenditure
for such maintenance, and the approval of a majority of the lot owners shall govern. In
11
event of dispute, any aggrieved party may apply for relief to a court of competent
jurisdiction.
(c) Private Drive "B" shown on said platserves Lot 117 and additional lots
to be platted in the future. Each owner of said lots who adjoin Private Drive "B" and utilize
same for access and Allotter shall have a non-exclusive easement for the reasonable use
of said drive. Each such Lot owner shall be jointly and equally liable for the reasonable
cost of maintaining said drive. Each such owner of any of said lots may propose an
expenditure for such maintenance, and the approval of a majority of the lot owners shall
govern. In event of dispute, any aggrieved party may apply for relief to a court of
competent jurisdiction.
(d) Each deed of conveyance to the lots described in sub -paragraph (b)
above shall contain a provision obligating the grantee to comply with the terms at this
provision for joint maintenance of said drive.
27. Amendments. Any and all of the covenants, provisions, or restrictions set
forth in this Bill of Assurance may be amended, modified, extended, changed, or canceled,
in whole or in part, by a written instrument signed and acknowledged by the owner or
owners of over fifty percent (50%) in the area of the land in this Addition, including lands
adjacent to any platted parts of this Addition, owned by the Allotter, and included in the
overall preliminary plat of the Addition filed with the Little Rock Planning Commission;
provided, any such amendment shall be subject to approval by the Little Rack Planning
Commission and Arkansas Power& Light Company. The provisions of such instruments
so executed and approved shall be binding from and after the date it is filed for record in
Pulaski County, Arkansas. The covenants, restrictions, and provisions of this instrument
12
shall be deemed covenants running with the land and shall remain in full force and effect
unless and until amended or canceled as authorized hereinbefore.
Notwithstanding the foregoing, there shall be no change in the Bill of Assurance
either by termination or amendment unless such change has been agreed to by each utility
having facilities situated in this Addition.
28. Duration. These covenants, restrictions, and provisions shall be deemed
covenants running with the land, and shall remain in full force and effect until January 10,
2010, unless otherwise provided herein. All covenants forwhich extension is not otherwise
provided in this Bill of Assurance shall automaticaly be extended for successive periods
of ten (10) years each, unless modified, terminated. or canceled, as provided hereinabove.
29. Separability. Invalidation of any restriction or provision set forth herein, or
any part thereof, by any order, judgment or decree of any court, or otherwise, shall not
invalidate or affect any of the other restrictions, orany part thereof as set forth herein, but
they shall remain in full force and effect.
IN WITNESS WHEREOF, the said Allotterhas caused its officers, duly authorized,
to execute this Bill of Assurance thisZ3 day of
PFEIFER`€3EVELOPMENT COMPANY
Its
ct ; �;i,7 ..urn s'.-=.._-
require.:' 't, the Ci y o€ Ls o Res" s�!u ivi : n rcca'�' or:,.
611 Assumm pr 3 ey" , .. ._...._,. ed b f; _.
developer :~ry e: _c
Little Rock subd"vision and zoning crdina ..,.c._
13 0 z2��
City of Little Heck Pi aniii6fi Cornrnission
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF PULASKI )
On this Z 3 day of December, 2002, before me, the undersigned Notary Public,
duly commissioned, qualified and acting, within and for said County and State, appeared
in person the within name Eugene M. Pfeifer, III, and James B. Pfeifer, to me personally
well known, who stated that they were the President and Secretary, respectively, of
PFEIFER DEVELOPMENT COMPANY, an Arkansas corporation, and were duly
authorized in their respective capacities to execute the foregoing instrument for and in the
name and behalf of said corporation, and further stated and acknowledged that they had
so signed, 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 on this
23 day of December, 2002.
Notary Public
My Commission Expires:
r
N D.qL
IOTA. Y
krcau',s.`�
14
UOC# 2002209288
EXHIBIT"A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION
PART OF THE S1/2 SE1/4 OF SECTION 23, T-2-N, R-13-W, LITTLE ROCK,
PULASKI COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE WESTERNMOST CORNER OF LOT 118, OVERLOOK PARK, AN
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S42'53'58"E
ALONG THE SOUTH LINE OF SAID LOT 118, 105.00 FT. TO THE SOUTHERNMOST
CORNER THEREOF; THENCE S5432'04'W, 529.09 FT. TO THE
SOUTHEAST CORNER OF LOT 16, FOXBORO, AN ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS; THENCE N0(741'59"E ALONG THE EAST LINE OF
SAID LOT 16, 244.56 FT. (PLATTED 237.00 FT.) TO THE NORTHEAST
CORNER THEREOF, SAID CORNER BEING ALSO THE SOUTHERNMOST CORNER OF
LOT 115, SAID OVERLOOK PARK; THENCE N11'08'20"E ALONG THE EAST
LINE OF SAID LOT 115, 201.87 FT.; THENCE N86'06'48"E ALONG THE
SOUTH LINE OF SAID LOT 115, 175.22 FT. TO THE SOUTHEAST CORNER
THEREOF, SAID CORNER LYING ON THE WEST RIGHT-OF-WAY LINE OF VANTAGE
POINT; THENCE SOUTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE BEING THE
ARC OF A 75.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND
DISTANCE OF S37'34'52" E, 101.45 FT. TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF SAID VANTAGE POINT; THENCE S80'34'54" E ALONG
SAID SOUTH RIGHT-OF-WAY LINE, 30.66 FT.; THENCE EASTERLY CONTINUING
ALONG SAID RIGHT-OF-WAY LINE BEING THE ARC OF A 60.00 FT. RADIUS
CURVE OF THE LEFT, A CHORD BEARING AND DISTANCE OF N73'38'10"E,
52.66 FT. TO THE POINT OF BEGINNING, CONTAINING 2.4111 ACRES, MORE
OR LESS.
15
of 1-iHle Rock
Department of 701 West Maddwm
Pubic Works Uge Rock, Arkansas 72201-1300
371-4811 fax 371-4460
WID
CIVIL ENGINEERING RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED. APPROVAL FOR FILING OF TBIS � CAN
BE ISSUED Ave 2L o0 4 10i11c +�
SIGNED BY ENGINEER
SIGNED BY SURVEYOR It
SIGNED BY 911 ADDRESS COORDINATOR
DXF. DISKETTE PLAT
DXF DISKETTE STORM DRAIN
REMARKS
DIVi On
City of Little Rock
Planning and Development
Filing Fees
Date: 1 144 20 (Q`2,
Annexation
Board of Adjustment
Cond. Use Permit/T.U.P.
Final Plat
Planned Unit Dev.
Preliminary Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at ea.
Public Hearing Signs
Number at ea.
Total
M.
$ tk_,� eo
File No.
Location
Applicant tw,-�;
By