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James, Donna
From: Floriani, Vince
Sent: Thursday, May 07, 2009 12:29 PM
To: Joe White, Jr.
Cc: James, Donna
Subject: RE: Overlook Partners Prel Plat
Joe,
Staff can sign off on a 20 ft easement.
Vince
From: Joe White, Jr. [mailto:jwhite@whitedaters.com]
Sent: Wednesday, May 06, 2009 10:28 AM
To: Floriani, Vince
Subject: Overlook Partners Prel Plat
Vince,
I left you a voice mail about the preliminary plat for Dean Kumpuris. The problem is the driveway width. The prel
plat shows a 24 ft. driveway, but we can only fit an 18 or 20 ft drive.
The drive is only serving 3 lots and really only two since Bodenhamer's house is so close to Overlook Drive.
Dean and Drew Kumpuris are on the end of the driveway.
I think we can get the Fire Dept to sign off on 18/20 ft. drive. They typically only require a 16 ft. drive.
Let me know what we can do. I don't want to run it back through the Planning Commission, but I think Dean will
insist on it if we require him to build the drive to 24 ft.
Thanks
JW
5/7/2009
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME OVERLOOK PARTNERS ADDITION LOTS 1-3
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 Date:
ADDRESSING SPECIALIST'S REPORT
i(ave re ,iew d th Ia street names and street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
f conformance with City requirements/standards. 5L4H F-ry 90EV 'FCit
Work orders have been prepared for signage and street lights.
Indicate the number of street signs ordered for this plat for billing to developer
` r Certain improvements remain uncompleted and a punch list has been prepared and1 sent.
y� Traffic Engineer Date:
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount. S.",S„W'PiDvsosv
Financial assurance for the uncompleted improvements listed above has been received. Fcw-
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:
All requir nal lat a proval have been satisfied.
Surveyor
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
-- ` Date: $ 1lo 67
Design Review Engineer/Civil Engineering Manager
February 2007
Date: %j) WD?
y
2007064559
08/16/2007 10:49:04.AN
Filed H Recorded in
Official Records of
PAT N
13 PULASKI SKI COUNTY
CIRCUIT/CO1NTY CLERK
} Fees $55.00
OVERLOOK PARTNERS ADDITION
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, OVERLOOK PARTNERS, INC. (hereinafter called ALLOTTER) is
the owner of the following described property in the City of Little Rock, County of Pulaski, State of
Arkansas, to -wit:
See LEGAL DESCRIPTION set forth in EXHIBIT A attached hereto ("the Property")
AND, WHEREAS, it desirable that the above described Property be platted and developed
into Three Lots;
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, OVERLOOK PARTNERS ADDITION to the City of Little
Rock, and dated August 9, 2007, and by the signature of said Engineer and Allotter and bearing
certificate of approval executed by the Little Rock Planning Commission, and is filed and recorded
AM-1lam 2007 in Official Records of Pulaski County Circuit/County Clerk as Instrument No.
does hereby make this Bill of Assurance.
Allotter hereby donates and dedicates certain easements as shown on said plat to 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, and for drainage 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. All utilities to be used by Lot Owners will be placed
underground unless written approval to do otherwise is obtained from all Owners.
The filing of this Bill of Assurance and Plat shall be a valid and complete delivery and
dedication of any easements as shown on the Plat subject to the limitations set forth.
The lands embraced in said plat shall forever be known as Lots 1, 2, and 3 , Overlook Partners
Addition to the City of Little Rock, 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.
OPBOAFF.WPD
The Bill of Assurance and its terms, provisions, covenants and restrictions are and shall be
binding on all parties having or acquiring any right, title or interest in such Property or part thereof
and shall inure to the benefit of each owner thereof and run with the Property and each and every
parcel thereof, to insure proper use and appropriate development and improvement of the Property
and 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:
1. Lund 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 than a single,
detached, single-family dwelling. No detached garage, guesthouse, servants quarters, pool house,
storage, or similar building or structure of any nature may be constructed on any Lot regardless of
whether such structure is incidental or related to residential use of the premises.
2. Udivision of Lot. No Lot shall be subdivided without the written consent of all of
the Owners and the Little Rock Planning Commission.
3. Temporary Structures. No temporary structures or trailers are to be permitted except
for construction companies' use during periods of construction.
4. Parking. No vehicles including boats or mobile or stationary trailers or campers shall
be permanently or continuously parked in front of the dwelling or upon the driveway of the dwelling,
but continuous or permanently parked vehicles must be within a fully enclosed garage area. Each
dwelling constructed shall have at least a two car garage attached to the dwelling.
5. Storage. No storage areas of any kind shall be permitted unless attached to the rear
of the dwelling and conforming architecturally to it, and all garbage cans, equipment, coolers or
storage piles shall be walled in to conceal them from the view of neighboring Lots and streets.
6. Commercial Uses. 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, and no
animals or livestock or poultry of any kind shall be raised, bred, or kept on any Lot, except that dogs,
cats or other household pets may be kept, provided they are not kept, bred or maintained for any
commercial purpose.
7. Antennas. No exterior antennas shall be permitted; provided, however, direct
broadcast, disk type antennas not to exceed a diameter of three and one-half feet (3'/2') may be
installed if attached to the house.
8. Noxiotia.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
neighbors.
OPBOAFF.WPD 2
9. Clearing and Landscaping of Newly Pumha$ed Lp!L Newly purchased lots shall be
cleared of underbrush and small trees not intended for future use in landscaping within a reasonable
period of time subsequent to purchase. Where any part of a Lot shall have been disturbed in
construction or maintenance, the Owner shall take reasonable actions 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. Notwithstanding any provision to the contrary set forth in this paragraph, each Lot Owner,
at his discretion, shall be entitled to leave a reasonable portion of his Lot in a natural state.
10. ViSifal ObstrUctions. Because of the views provided by the topography of the
Addition and in order to ensure that each Lot Owner's views are protected, Allotter, at its discretion,
will provide certain initial landscaping including tree and brush removal. Thereafter, no fence, wall,
hedge, shrub planting, trees or other obstacle which unreasonably obstructs other Owners' sight lines
of the Arkansas River shall be placed or permitted to remain. The cost of the maintenance of sight
lines and/or the removal of obstructions to same shall be borne by the Owner of the Lot on which the
obstruction is located.
11. Street. Allotter will construct the street and entrance to the Addition depicted on the
Plat. Thereafter Lot Owners will provide maintenance and costs will be allocated to Owners on a per
capita basis.
12. Expense Sharing. By unanimous agreement, Owners may undertake projects which
benefit the Addition. The cost of such projects will be allocated to Owners on a per capita basis,
unless otherwise agreed, and will constitute a lien on a each Owner's Lot.
13. Architectural Control. Allotter hereby establishes a Property Owners' Committee
(" POC") with Allotter serving as the initial sole member. As Lots are conveyed, each Lot Owner will
become a POC member. At such time as the last of the three Lots is transferred, Allotter will cease
to be a member. Thereafter the POC will have three members comprised of Lot Owners or their
heirs, successors or assigns.
A. Voting by PropeM Owners' ommitte . Action by the Property Owners' Committee
requires a unanimous vote of the Committee members; provided, however, the Owner submitting a
request shall not be entitled to vote on such submission.
B. Architectural Cgntroi. No structure, building, fence, sign, or other improvement shall
be erected, placed, or altered on any Lot 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 POC. In the event the POC fails to approve or disapprove such plans
and specifications in writing 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. Any
disapproval shall be in writing and shall specify in detail the basis for such disapproval and, as
OPBOAFF. WPD 3
appropriate, modifications which, if made, will render the proposed construction acceptable. 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.
C. Liability. Neither the POC nor the members thereof or their respective successors or
assigns shall be liable in damages to anyone submitting plans to them for approval, or to any
negligence or nonfeasance arising out of or in connection with the'approval or disapproval or failure
to approve any such plans and specifications, and every person who submits plans to the Committee
for approval agrees, by submission of such plans and specifications, and every Owner of a Lot agrees
that he or she will not bring any action or suit against the POC or its members to recover any such
damages.
14. 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 Lot Owner or Lot Owners
in the Addition or any utility company owning utility facilities in the Addition 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.
15. 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 all Owners of the three Lots in this Addition.
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.
16. 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, 2037, 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.
17. 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, or any part thereof as set forth herein, but they shall remain in full force
and effect.
18. Coa.peration. The Owners will exercise their best efforts and use good faith to
conduct harmonious negotiations in order to reach agreement as to matters affecting the welfare of
the Addition and its relationship with third parties.
OPBOAFF.WPD 4
IN WITNESS WHEREOF, the said Allotter has caused its officer, duly authorized, to execute
this Bill of Assurance this 9th day of August, 2007.
OVERLOOK PARTNERS, INC., ALLOTTER
By:
kw
Norvell N. Plowman
President
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
BE IT REMEMBERED that on this day before me, a Notary Public, duly commissioned,
qualified and acting, within and for said County and State, appeared in person the undersigned, the
within named Norvell N. Plowman, to me personally well known, being the person authorized by
Overlook Partners, Inc., Allotter, to execute such instrument, stating his respective capacity as
President of that corporation and that he had executed and delivered said foregoing Bill of Assurance
for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 9th day of
August, 2007.
My commission expires: 1 '5 -1 D
Prepared by:
Norvell N. Plowman
1319 Tower Building
323 Center Street
Little Rock, Arkansas 72201
501-375-4921
ABN: 69061
OPBOAFF. W PD
A�r,
Brenda K. McKown
Notary Public
OFFICIAI SEAL
BRENAA K McKOWN
NOTARY PUBLIC *ARKANSAS
WHIZ t COUNTY
MY COMMISSION EXPIRES 01-05.10
Reviewed only for inclusion of minimum standards
required by the City of 1.ittfe Rock subdivision rmdations.
hill of Assurance provisions established by tiro
developer may exceed minimum regulations of tho
We Rods subdivision and zoning ordinances.
I- '1_3 9 / ) � (Z) �
of Little Rack Planning Commission
EXHIBIT A
LEGAL DESCRIPTION
Lands lying in part of the South 1/2 of the Fractional Southeast 1/4 of Fractional Section 23,
Township 2 North, Range 13 West, City of Little Rock, Pulaski County, Arkansas more particularly
described as follows:
Beginning at the Northeast corner of said South 1/2 of the Fractional Southeast 1/4
of said Section 23; thence along the east line of said Section 23 South 02 degrees 17
minutes 16 seconds West 275.05 feet; thence leaving said east line North 85 degrees
55 minutes 37 seconds West 738.61 feet; thence North 02 degrees 07 minutes 29
seconds East 260.15 feet to a point on the north line of said South 1/2 of the
Fractional Southeast 1/4 of said Section 23; thence along said north line South 87
degrees 05 minutes 00 seconds east 739.04 feet to the point of beginning containing
4.537 acres more or less.
(Filed and Recorded in Official Records of Pulaski County Circuit/County Clerk as Instrument No.
2006098276, December 19, 2006.)
OPBOAFF. WPD 6
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City of Little Rock
Planning and Development
Filing Fees
Date: ' , 2[(-�L
Annexation $
Board of Adjustment $
Cond. Use Permit/T.U.P. $
Final Plat $ `
Planned Unit Dev. $
Preliminary Plat $
Special Use Permit 3QpQ
RezoningQQ $-
Site Plans
Street Name Change $
Street Name Signs
Number at ea. $
Public Hearing Signs
Number at ea. $