HomeMy WebLinkAboutS-0046-CC Application2006049-23
06/26/2006 02:13:09 Rai
Filed & Recorded lli
LOTS 2 and 1 OVERLO��i�I
BILL OF ASSURANCE PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees t41.00
KNOW ALL MEN BY THESE PRESENTS: 7
THAT, WHEREAS, �A (hereinafter called
AALLOTTER@) is the owner of the following described property in the City of Little Rock,
County of Pulaski, State of Arkansas, to -wit:
C_X h t. � -Z9 k. 4-- ("the Property")
AND, WHEREAS, it desirable that the above described Property be platted and
developed into two Lots consistent with Overlook Park, an Addition to the City of Little Rock
(the "Addition") as set forth in that certain Bill of Assurance dated July 6, 1967, and recorded in
Book 1001 at Page 583 of the real estate records of Pulaski County, as well as other Plats and
Bills of Assurance subsequently filed as part of a common scheme of development of the
Addition, all as shown on the attached Plat filed herewith, and 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 tract
of land to be surveyed by White Daters & Associates, Registered Professional Engineers, and a
plat thereof made, which is identified by the title, Lots and 2-0 1
OVERLOOK PARK Addition to the City of Little Rock, and dated 7 Ut,e- , 1,6 o 6
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 office of the Circuit Clerk and Ex-
Officio Recorder of Pulaski County, Arkansas, in Plat Book H , page and does hereby
make this Bill of Assurance.
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Allotter hereby donates and dedicates to the public an easement on, over, and uri,
on said plat to be used as public streets. In addition to said streets, there may b
plat certain easements for drainage and utilities which Allotter hereby donates ati i
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and for'the use by public utilities, the same being, without limiting 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 any streets and easements as shown on the Plat subject to the limitations set forth.
The lands embraced in said plat shall forever be known as Lots z ov and z-fl ,
Overlook Park Addition to the City of Little Rode, and any and every deed of conveyance of any
such 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 condition:
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 structure shall be
erected, altered, placed, or permitted to remain on any residential building site other th a ,yam
single, detached, single-family dwelling. No dwelling shall exceed two and one-half 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), guesthouse, servants= quarters, or similar building incidental
and related to residential use of the premises. Provided, further, that height of residential
dwellings shall also be restricted by ridge height provisions set forth hereinafter.
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 herein 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.
3. Dele ag tion 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 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 Pulaski 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, and
consent to construction of outbuildings.
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 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 Lot in this Addition unless the finished heated living area, exclusive of porches,
patios, carports, garages, breezeways, exterior stairways, porte-cocheres, storage areas, and
outbuildings, shall equal or exceed 2,000 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 2,400.
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 modification is
approved by (1) the Allotter; and (2) 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 the side lot lines than 10% (ten) percent of the average width
of the lot or ten (10) feet, whichever is greater. No principal dwelling 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 extent necessary to provide reasonable
sight distances and view from uphill 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
relation to surrounding structures and topography in the subdivision by the architectural control
committee.
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 may be 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 utility company in connection with the furnishing of public utility
service to this Addition.
10. Suns 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 lot
without appropriate cover or screening from public view.
12. Livestock and Poultry 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 household pets may
be kept; provided, they are not kept, bred, or maintained for commercial purposes.
13. Noxious Activily. 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, nor shall 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, if any, 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 CATV 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 may have been reserved, said easements being of various widths,
reference being made to the recorded plat for a more specific description of existence, width and
location. The agents, servants, and employees of any parties giving any utility service shall have
the right of ingress to and from and in, over, and across said easements, and no improvements,
trees, incinerators, 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. 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, if the utility is directed
to make such installation by any governmental authority having jurisdiction. Electric power
utilities 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 at the 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 power and
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 replacement of 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, re -plat of lots, or change 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 connect 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 sort may be moved
onto or placed on any lot 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 or from 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. Prope . Line and Boundaries. Iron pins have been set on all lot corners 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 pins 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 corner lot within the triangular area 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 line with 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 prevent the construction by the Allotter
of appropriate entrance gates to the Addition, approved by the Little Rock Planning Commission
or other appropriate agency of the City of Little Rock, on property or easement reserved in the
Plat for said purpose.
25. Clearing and_Landscaping_o_f Newly Purchased Lots. Newly purchased lots shall be
cleared of underbrush and small trees not intended for future use in landscaping, within thirty
(30) days of purchase, and shall be kept so cleared by the owner. Where any part of a lot
adjacent to a street or easement shall have been denuded or otherwise disturbed in construction or
maintenance, the owner shall be required to see, sod, rip-rapp, or otherwise restore the area to a
neat appearance and to prevent erosion. If any owner fails to comply with the requirements of
this paragraph, after ten days' written notice of such failure shall have been mailed to said owner
at his last known address, then Allotter or the Property Owners' Committee may take the
necessary steps to comply with the requirements of this paragraph with regard to said lot, and the
owner shall be required to pay the reasonable costs incurred therefore.
26. Right 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 in other portions of Overl°ate Park including but not limited to the Owners
of Lots 110, 111 and 14B (who by their execution of this Bill of Assurance grant to the Owners
of Lots , as a covenant running with their respected Lots the right to enforce any of the
covenants of restriction contained in the Bills of Assurance applicable to said Lots 110, 111, and
14B) 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.
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 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 Rock Planning Commission and Entergy. 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 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 1, 2026,
unless otherwise provided herein. Thereafter, all covenants for which extension is not otherwise
provided in this Bill of Assurance shall automatically be extended for successive periods of ten
(10) years each, unless modified, terminated, or canceled, as provided hereinabove.
29. Scparabilib,. 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, or any part thereof as set forth herein, but they shall remain in
full force and effect.
IN WITNESS WHEREOF, the said Allotter has caused its officers, duly authorized, to
execute this Bill of Assurance this day of
Reviewed only for inclusion of minimum standards a � ~ C-4�
requiredBill
of the City e Little Pock subdivision reg��latior� '„ �C^ "4
Eitl of Assurance provisions established by t-�c• 0�"'�^ AVW
developer may exwed minimum reguiaticro of tho Owner of Lot 110
Little Rock subdivision and zoning ordinances.
6AV6f Little Rock Planning Commission
Own Lot 111
O er of Lot 14b
PERSONAL ACKNOWLEDGMENT
I I 1 -.1 IMM,
LEGAL DESCRIPTION
Doc## 220&6Cl 49-523
EXHIBIT AA
LEGAL DESCRIPTION
PART OF THE SW1/4 OF THE FRACTIONAL SW1/4 OF FRACTIONAL SECTION
24, T-2-N, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SW1/4 SW1/4
AND THE SOUTH RIGHT-OF-WAY LINE OF THE CHICAGO, ROCK ISLAND AND
PACIFIC RAILROAD, BEING 50.00 FT. FROM THE CENTERLINE THEREOF;
THENCE S7Z44'46" E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 1095.53
FT. TO A POINT ON THE NORTH LINE OF TRACT NO. 128E-1 OF THE UNITED
STATES OF AMERICA'S ARKANSAS RIVER LOCK AND DAM NO. 7; THENCE
S11'29'07"W ALONG SAID NORTH LINE, 35.02 FT.; THENCE N86'22'38"W
CONTINUING ALONG SAID NORTH LINE, 470.00 FT.; THENCE N84'37'38"W
CONTINUING ALONG SAID NORTH LINE, 585.00 FT. TO A POINT
ON THE WEST LINE OF SAID SW1/4 SW1/4; THENCE NO2'32'56"E
ALONG SAID WEST LINE, 275.06 FT. TO THE POINT OF BEGINNING,
CONTAINING 3.8629 ACRES MORE OR LESS.
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME
_overlook park lots 200 & 201
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improvements remain uncompleted and a punch list has been prepared and sent.
Engineering Specialist
ADDRESSING SPECIALIST'S REPORT
Date:
I have reviewed the plat and find that the street names and street configuration are acceptable.
Addressing Specialist
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
Date:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for
billing to developer:
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Traffic Engineer
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
Date:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
All other requirements for final plat approval have been satisfied.
Civil Engineer I/II
SURVEYOR'S REPORT
I have reviewed the plat and find that:
Zo"o- 0'1� All requiremet E pla have been satisfied.
r—T) C
Surveyor
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied./
l,:J C-C I Date:
Design R view Engineer/Civil Eng ni eering Manager
July 2005
Date:
Date: 06
City of Little Rock
Planning and Development
Filing Fees
Date: _ ict , 20_LIL
Annexation $
Board of Adjustment
$
Cond. Use Permit/T.U.P.
$
Final Plat
Planned Unit Li&._
PIZ'
Preliminary JUN 96 LtJUb
Special Use Permit
$
Rezoning CITE' OF L' i ' LL �OCKS
BUILDING CODE
Site Plans
$
Street Name Change
$
Street Name Signs
Number at ea.
$
Public Hearing Signs
Number at ea.
$
Total
$ l \
File No.
Location
Applicant
By _ ,