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HomeMy WebLinkAboutS-0048-D ApplicationBILL OF ASSURANCE KN014 ALL MEN BY THESE PRESENTS: THAT, WHEREAS, PIEDMONT CORPORATION and SASM PECK & ASSOCIATES, INC. are the sole owners of the following described lands lying in the 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 part of the above described property be subdivided into lots, blocks, tracts and streets; NOW, THEREFORE, WITNESSETH: THAT WE, the said Piedmont Corporation and Sam Peck & Associates, Inc., hereinafter termed grantor(s), have caused said tract of land to be surveyed by. a Registered Professional Engineer or Registered Land Surveyor, and a plat thereof made which is identified by the title "Lot 17 , Piedmont Subdivision", and the date , and by the signature of the Circuit Clerk and ex-officio. Recorder of Pulaski County, Arkansas, in Plat Book - , Page , and the grantors) do hereby make this Bill of Assurance. AND, the grantor(s) hereby certify that they have laid off, platted and subdivided, and do hereby lay off, plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as Piedmont Subdivision. The grantor(s) hereby dedicate to the public forever an easement of way o and over the streets as shown by said plat, to be used as public streets. �r r 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 times to the. proper authorities and to the easement hereby reserved. Owners 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 a 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 number as shown on said plat, shall be a proper and sufficient description thereof. The lots in said subdivision shall be sold by the grantor(s) and shall be purchased by the buyer(s) thereof, subject to the following covenants, to -wit: 1. No lot shall be re -subdivided into two or more lots nor shall any dwelling be erected or placed on any lot or building site having a width of less than sixty (60) feet at the building line or an area of less than six thousand (6,000) square feet, except upon the approval of the architectural control committee and the appropriate government authority. 2. No building or fence is to be constructed on any lot nearer the front of the lot than the building line noted on said plat. The following front yard, rear yard, and side yard provision shall be required for the following usage of the property: The front yard setback shall be twenty-five (25) feet or as shown on the plat, whichever is greater, the rear yard shall be twenty-five (25) feet, the side yard setback shall be, for the main structure, ten percent (10%) of the average width of the lot provided such side.yard need not exceed eight (8) feet in width, and accessory structures related to residential use shall be located at least sixty (60) feet fro*n the front property line, and may be placed no less than five (5) feet from the side lot line. 3. Excepting the drainage easement areas, no buildings, fences, incine- rators, paved driveways, or any other permanent structure or improvement of any kind, whether herein specifically enumerated or not, shall be built or maintained within the area of any of the easements shown on the plat; and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility and/or public agent will be liable for destruction of same in construction and maintaining its facilities located within the area of said easement. ,< 4. No fence, wall, hedge, or shrub planting or other obstacle which r, obstructs sight lines at elevations of more than thirty (30) inches above -the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street lines and a line connecting them at points fifty (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 end, and a line connecting them at points fifty (50) feet from their intersection. do tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a height of eight (8) feet to prevent obstruction of such sight lines. 5. No obstruction shall be placed in the street, gutter, or drainage ditches. Curbs'shall be broken at driveways, and driveway aprons shall not extend past the face of the curb. Access to lots across drainage ditches shall be provided by Grantors. 6. All construction on land covered by this Bill of Assurance shall be reviewed and approved by the achitectural control committee. No building, fence, wall or other structure shall be commenced, erected or maintained upon the property described in Exhibit "A" hereto, nor shall any exterior addition or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the architectural control committee composed of three or more representatives elected by simple majority of the owners of ninety percent (90%) of the land measured in land area and not by -tract. In the eventthat the committee shall fail to approve or disapprove such design and location within thirty(30) days after said plans and specifications have been submitted to it, or in any event if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this -article will be deemed to have been fully complied with. 7. The covenants and restrictions of this Bill of Assurance shall run with and bind the -land, and shall inure to the benefit of and be enforceable by the owners or owner of any tract subject to this Bill of Assurance, their respective legal representatives, heirs, successors, assigns, for a term of twenty-five (25) years from the date this Bill of Assurance is recorded, after which time said covenants shall be automatically extended for -successive periods of ten (10) years, unless an instrument signed by the then owners of two-thirds of the lots has been recorded, agreeing to change said covenants and restrictions in whole or in part. Provided further, that any change must be approved by the Little Rock Planning Commission. 8. Structures to be erected are limited to single family residences with appurtenant garages and buildings as approved by the architectural control committee. Any residence constructed on any of the lot or lots covered by this Bill of Assurance shall have a minimum of two thousand (2,000) square feet of living area, exclusive of overhangs, garages, carports,.outdoor storage areas. Said two thousand (2,000) square feet of living space shall be determined by the actual amount of space heated and cooled as residential area. 9. The following protective covenants shall apply to all of the property covered by this Bill of Assurance: a. No structure of a temporary character, trailer, basement, tent, shack, garage, or other out -buildings, shall be placed, either temporarily or perma- nently on any lot without the express written approval of the architectural B t � control committee. b. Campers, trailers, motor homes, and boats shall not be kept upon a lot where such vehicle or craft is visible from the street upon which the lot fronts. c. No horses, chickens, goats, cattle, or other animals other than house- hold pets, such as dogs and cats, shall be kept on any of the property covered by this Bill of Assurance. Further, no animals shall be kept on this property so as to interfere with the quiet enjoyment of any lot or lots by the creation of an unsightly appearance or habitat, the production of odors, or by any other means. 10. There shall be no continuing duty on the part of the grantor(s), any developer, or builder, by dredging, cleaning, dam repair, or in any other manner to improve or repair any body of water on this property. Further, there shall be no duty on the grantor(s), any developer, builder or lot owner to cause the continued existence of any body of water on land owned by him. 11. No person shall in any way use a lot or lots covered by this Bill of Assurance in any way as to interfere with the quiet enjoyment of any other lot or plot on this Bill of Assurance. 12. In the event of any attempt to violate any of the covenants or - restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning a lot or lots in said addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either or prevent him or them from so doing or to recover damages or other dues for such violation. 13. The invalidation of any one of these covenants or restrictions by 4 judgement or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The considerations set forth in items one (1) through thirteen (13) are hereby approved by the City of Little Rock Planning Commission. Any additional requirements, restrictions or statements are entered without review or action by the Planning Commission, and shall not be considered part of the Little Rock Planning Commission's requirements for plat approval. d DATE O — 7 — PIEDll�IQN� G `O;R�TTD\ BY ATTEST: SAM PEOK-&—,ASS9�IATES , INC. BY ATTES ACKNOI- LEDGEI PENT STATE OF ARKANSAS ) ss COUNTY OF PULASKI ) On this 1/1 day of , 19 %7, before me, a Notary Public duly commissioned;, qualified and ding, wit in and for the said County and State, appeared -in person the within namedand ,l to me personally well known, who stated that they were the and of PIEDMONT CORPORATION, c."r lr ta,on,;,aud were duly authorized in their respective capacities to ;,execute tht•foregoing instrument for and in the name and behalf of said . nark atioq, and further stated and acknowledge that they had so signed, e�cute'd��nd.delivered said foregoing instrument for the consideration, uses and.; 7 urposesl.therein mentioned and set forth. ,} IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this AL. day of 19-7-5P. k.Notary Public r 7 My Commission Expires: ACKNOLILEGEMENT STATE OF ARKANSAS ) ss COUNTY OF PULASKI ) On this day of / 19 79, before me, a Notary Public duly commissioned, qualified Ad acting, within and for the said County and State, appeared in person the within named 4&ee.Lld 0416-- and to me personally well, known, who stated that they were the and of SAM PECK & ASSOCIATES, kc" corporation, and were duly authorized in their respective capacities to iexetu the foregoing instrument for an in the name and behalf of said ; a�poration, and further stated and acknowledge that they had so signed, executed', �axs)t�li�►reired said foregoing instrument for the consideration, uses and purposes 'ihprein men tianed and set forth. �''�,.;; IN' .TESTIMONY WHEREOF, I have.: hereunto set my hand and official. seal this -day of 19 79. N-ertary Public My Commission Expires: a DATE : APPROVAL OF LITTLE ROCK PLANNING CO',%1MISSION BY: AC_ :OhLEDGMENT Title: STATE OF ARKANSAS ) ss COUNTY OF PULASKI ) `On this day of , 19 , before me, a Notary Public duly commissioned, qualified and acting, within an for the said County and State, appeared in person the within- named , to me personally well kno:.rn, who stated that he was the of the City of Little Rock, ArkEns-as, a municipal corporation, and was duly authorized in his capacity to execute the foregoing instrument for an in the name and behalf of said municipal corporation, and further stated and acknowledged that the had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and ? set forth. .y IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this - day of 19 Notary Public My Commission Expires: CITY OF LITTLE ROCK ��I 1 9 15048 s RECEIVED F Explanati CHl~CNTICK JONES City Collector L.iiUIEER