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HomeMy WebLinkAboutS-0054-P ApplicationCity of Little Rock Department of Public Works March 19, 1990 701 West Markham Little Rock, Arkansas 72201 371-4800 r Enaineerin"Vision Patrick McGetrick, P. E. P. O. Box 22408 Little Rock, AR 72221 Re: Point West Third Addition Phase II A Dear Mr. McGetrick: This office has inspected and approved streets in Phase II A of Point West Third Addition as follows: 1. Mesquite Circle station 0 + 00 to station 7 + 43. 2. Calgary Trail station 0 + 00 to station 8 + 85. It is noted that required sidewalks along Calgary Trail have not been installed. I understand that you will furnish assurance of that construction separately. We have received from Shrader Construction Company a maintenance bond in the amount of $61,900.00 dated January 19, 1990, to run to January 19, 1991. On about the date of expiration the project will be inspected for release of the maintenance bond. Very truly yours, CARROLL F. BALL, P.E. Design Chief CFB/ea cc: Shrader Construction Company File 5005 File S- 1 CORRECTED DILL OF ASSURANCE FOR LOTS 65 -3 _1 , 106-124 , AND 140 -14`? POINT WEST THIRD ADDITION PHASE '2A -AHEREA'S ERC Prop-erties, Inc . , hereinafter called sole owner of land in Pulaski County, Arkansas descrit!ed as: Phase -A Part of the NE 1/4 of Sect ion 'a, T-1-N, R-13-W, Pulaski County, Arkansas, rflore particularly descritled as -follows: LEGAL DESCRIPTION Part fo the NE 1/4 of Section 8, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Northwest corner of the SW 1/4, NE 1 /4, of said Section 8; thence S 00'23'00 W 662.10'; thence S 89'22'00" E 653 70'; thence S 00'40'00" W 661.60'; thence S 88'48'00" E 287.64' to the Point of Beginning; thence N 01'12'00" E 114.80'; thence along a curve to the left having a radius of 309.56 and a chord bearing and distance of S 88'48'32" W 3.70'; thence N 00'40'00" E 644.64'; thence N 88'03'19" E 109.06'; thence along a curve to the left having a radius of 119.01 and a chord bearing and distance of N 27'43 27" W 86.39'; thence N 41'27'07" E 148.01 ; thence S 42*48*14" E 146.01'; thence S 00'40'00" W 160.29'; thence S 89'20'00" E 161.86'; thence N 00'52'00" E 29.29'; thence S 89'08'00" E 110.00'; thence S 00'52'00" W 716.58'• thence N 89'59'00" W 164.00'; thence N 88'48'00" W 367.86r to the Point of Beginning, containing 416,161.22 SQ. FT. or 9.55 Acres more or less. WHER`A:=,, it is deerfled desirable t.lrlat- such, real Pr! Pg rt-,-, oe suLudivi-6rd into plublic street._, dl :_-= and utilit-y -"_-erflents, and bi-Ail! ing lc!$= t.heretc!, aS On 1- Plat. T lieG her=with as rnoram P.ar~•icularly Ij-'ms Ytated he'reinza ter, and that said real rDroper .,y, t,e held, owned, aril conveyert- sut,ject. to t-he cc--verlant• s I'lerein contained which c!re .. i.l C!cl -.CL uc!on such real orciperty in or'je7' tc, assu-i t- c!:_I'I !:': r!!='1' s ='r: :,»Jrl l,�f� F I _..- V _!:=!:� _if !ir!�.'c'!� .at_i�l 1!J4 wit-h t•i-1 -= F'7l _L �_!:1 c _C _''IC ___ _ _.:f l-_. c>_' the _ 11ree _ NOW, THEREFORE, Grantor has caused said lands to K surveyed by Robert Lowe, Registered Land Surveyor, and a olat- thereof made, which is identified by thr title "Point Wont 3rd Addition, Phase 2A, is dated December, 1989 bears a certification of approval executed by the Little Rock Planning Commission, and is recordad in the Office of the . Recorder of Pulaski County, Arkansas: as Instrument N(�. . Grantor hereby made this Bill of Assurance and certi[i'/d that it has laid off, platted, and subdivided the said lamdF- in accordance with said plat. the said lands shall be for- ever known as "Point West Ord Addition, Phase 2A" and Ma13 hereinafter be called the Subdivision. There are strips of ground shown on said plat which are reserved for the use of public utilities and for drainage purposes respectively, subject at all times to th'' proper authorities and to the easemenL herein reserved. Owners n� lots in the Subdivision shall take their titles subject to the rights of public utilities and the public. The filing of this Bill cf Assurance and said plat {or record in the Office of the Recorder of Pulaski County., Arkansas, shall be a valid and complete delivery and Oedica' tion of the streets and easements shown on said olat subjec� to the limitations herein set out. Hereafter, conveyance and description of any of the saLd lands by tract or lot number as shown on said p]at, accompa- nied by the words "in Point West 3rd Addition, Phase 2A, Little Rock, Arkansas"v shall be a proper and sufficient 2 description thereof, each such tract or lot to be locaLed and to have the bounds and dimensionb shc'wn on said plat. 1^ Qnd U,2. 8 T��� ��d The building lots herein platted shall be hold, owned and used only as residential building sites, and no business, commercial, or industrial use shall bn permitted thereon, with exception of the use of a Model Home by Builder site other than a single detached single-family dwcl]inE, not ex- ceeding two and one-half stories in hei,t and an attached private garage. Any extra storage shed or building mo,y not be constructed or erected uniess authorized and approved by the Architectural Control Committep, with exception of thoce construction or trailers that may be needed by Wilder. 2^ arch J t��ci����� Co1drIl], No building shall be erected, placed, or altered on any prooeroy in th� Subdivision Atil the building plans, exterior materials, exterior color scheme, and plot plan showing the location an,:: -'.- facing of such building with respect Uo existing topography, adjoining streets, and finished around elevationa have bean approved in writing by the Architectural Control Q'mmUtee. Fhe Architectural Control Committee shall have the sole an'i absolute discretion to approve and disapprove any such plans so submitted, and such decision shall be final. No rence other than cedar wood or treated pine shall ue permitted unless authorized in writing by the Architectural Control Committee. In the event the Architectural Control Committee fails to approve or disapprove any such material within 30 3 days after submission, this covenant shall be doomed to have been fully met by the person submitting such material for approval. There shall be no compensation for the services performed pursuant Lo this provision. 34 MinInUT, F.VinnIUDI Dggllinq The floor area of any dwelling constructed on any lot or part therooY shall be not less than 1,000 heated and cooled square fppt. In al! cases the floor area shall be the area of the buildin& within its largest outside dimensions, exclusive of oprn j'orchns, carports and garages (together with utility and store rooms), breezeways, terraces, exterior or secondary stairways �'nd outbuildings. 4^ ScAban].No Residence shall be locat- ed on a Lot nearer to the front Lot line, rear Lot line or side Lot lines than the minimum building setback lines shown on the plat; provided, such setback requirements may \x� modified, if such modification is approved by the A1lotter ' and the Little Rock Planning Commission or such other entiby or regulatory aEency as may succeed to their functions. W' residence shall be located nearer to an interior not l%n'� than a distance of 10% of the average width of the Lob, oro- vide, however, that such distance need not excaed oiqh� (8) feet. No residence shall be located on any Lot nuarer Loan 25 feet to the rear Lot line. No lot shall be suhdivjduC with- out first obtaining the written conseM of Grantor (provisod that Grantor still owns property within the subdivision) and 4 the Little Rock Planning Commission. (a) Easements -of -way for the streets as shown on the said plat are donated and dedicated to the public, and parties engaged in supplying public utilities shall have the right to use and occupy said easements -of -way and streets for the installation, maintenance, repair, and replacement of service facilities. Other easemenLs for the installation, maintenance, repair, and replacemont of utility service facilities and drainage have been reserved. Any parties supplying utility service shal] have the right of inpress tu and from and in, over and across said easements, and no im- provements, trees, incinerators, fences, or other hindrances, shall be placed upon such easement areas that will interfere with the operation and maintenance of such of such utility services. In the event such hindrances are builtr maintain- ed, or grown within the areas of such easements, no utility shall be liable for destruction of or repair of same. 7. Nui"annes . No r`oxious or offensive activity b carried hot o hall anything b d shall e carr e on upon any o nor s any �� e one thereon which may be or may b/'come an annoyance or nuiv,ar,c,.:�- to the neighborhood. No scrao material, rubbish or debri- shall be permitted to accumu}ate upon the premises. Automo- niles or obsolete vehicles or machines no longer in sorvine shall not be repaired, overhauled or otherwise worked on in the streets, carports, garagesx driveways or yards. All automobiles ano other motorized vehiclps including but not 5 timew. If the property is not maintainw, the shall have the right to maintaLn the lot or lots and ti', expense shall become a lien on the property. 8^ Te No trailer, mobile hone, or similar objectv bass'ment, tent, shack, garage, Wrr/, or other outbuilding erectod on a building site covered Vy txes'? covenants shal] at any time be used for hvmar' habitaticn� temporarily or parmanently, nor shail any structure of z temporary character be used for human habitation. No eyjnt- ing structure shall be moved onto a bui1'/ing site in the Subdivision, nor shall any garage be inclosed in a permanpnt fashion on any residence with exception of a model home used by the doveloper. 9^ Antqnnq and Satellite Dighjesi. No antenna, aerial,, or other device shall be permitted on any structure where some torm of TV cable is available, incluaing pay PateA30e furnished by others. Where TV cable or pay sab'+llile is not available, the owner is permitted one (1) antenna which wi)] be allowed for the sole purpose of reception of telavision broadcast only, and such antenna small bw raispO to a hp'opht necessary for the TV reception in the area. No C8/ ham radio or other antennas will be permitted at all. Rat`'lAto are strictly prohibited in this subdivision unleas cable is not available' 10. . No sign of any kind shall bu di�played to the public view on any building site, oxcept one sign of not more than 5 square feet advertising the property for anle or 6 limited to, boats, boat trailers, campers, bicyclos, moto'- cycles and three and four wheelers in the said subdivision must be state licensed, state inspected if required by law, and in running order at all times. All vehicles are to be parked at all times. All vehicles are to be parked at all times in a designated parking area, i.e. garage or driveway, and are not to be parked at any time in a yard or on a norch area. No lot shall be allowed to grow up in weeds, grass or other unsightly growth. All lots shall be kept in a nsat a`y] orderly fashion. No lot shall W uced or maintained as a dumping ground. Rubbish, brash, garbage and/or other wast�; shall not be kept except in approved sanitary containers. Q}l equipment for the storage and/or disposal of such rubbish, trash, garbage or other wastes shall be kept in a clean and sanitary condition. No garbage or trash conLainers are to /»-f kept in view of the street unless it is to be picked uo that day. No truck, van, bus or motor home with a load capacity of more than one-half ton shal) be parked or garaged on any street or residential lot. No Wabs, motor homes, ulzliVy trailers and any other non -everyday use venirle wil] b� allowed on the lot unless shored in We garage or in bac� yard behind privacy fence and out of sight at all times. Motorcycles may be kept on the property but must be stored out of sight when not in use. in the event that any lots ar��' sold to a homeowner or buildar and no structure is immediata- ly erected, the owner or owners of such lot or lots shal'. keep said property mowed and in a sanitary condition at all 7 rent or signs and flats used by a builder or a real Lor &o advertise the property during construction and sales periods. 11^ g2d Mltny . No animals, live- stock, or poultry of any kind shall be raised or kept on any building site, except dogs, cats, or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. Household and yard pets shall be maintained in a clean and sanitary situation and shall not bp noxious or a nuisance to the surrounding owners. All yard pets are to be maintained in a fenced area behind the res- idence at all times. 12^ Si/�h�� Di�t�,��j� �t� I�t�I������i�/?l�`. hedge, or shrub planting which obstructs sight lines As. elevations between 2 and 6 feet above thu roadwnys shall be placed or permitted to remain on any cornar tract or lot within the triangular area formed by the street property ~ lines and a line connecting them at points 50 feet from the intersection of the street lines, or in the case of a round- ed property corner from the intersection of the street properny lines extended. The s.ame sight line ljmitations shall apply to any lot within 10 feet from the inbersectzon of the street property line with th, edge of a driveway or alley pavement. No Wee shall be permitt,d to remain within such distances of such intersections unleps the fo)jave is maintained at sufficient height to prevenL obstruction of such sight lines. is. FenLp5. No fence, wall, hedge, or shrub plan*jnF shall be located or permitted to extend beyond the minimum setback line established herein, except upon approval by Grantor. 14. No obstruction shall be placed ' in the street or gutter. Curbs shall be broken at drivnways and driveway grades lowered to meet the gutter line not more - than two inches above the gutter grade. 15. Architectural (a) The Architectural Control CommMee /s com- posed of ERC, pVppVptiwV TMV, {hpnvLi� �p i��'.. l­h�' committee may designate a representative to act for it. [n the event of death or resignation of any member of the com- mittee, the remaining members shall have full authority io desinnate a successor. Neither the members of the cummitt/", not its designated represantative, shall be entitled to any compensation for services performed pursuant to this covenant. Upon completion of all homes in this phase, Khe 0CC shall be the reaponsibility of the homeowners in this phase., (b) The committee's approval or disapproval as required in these covenants shal] be in writing. in th/: event the commiMee or its designated representative fails Wn approve or disapprove within 30 days after plans ant specl- fications have been submitLed to it, or in any event if no suit to enjoin the construction has been commenced pMor to the completion thereof, approval will not be requirad and �he 7.01 related covenants shall be deemed to have been fully complied with. 16^ Anwa} W.11iPOO-' All of the restrictions, conditions, covenants and agreements shall affact uil cf the lots as hereinabove set forth and are made for the d3rect and recip- rocal benefit thereof and the covenanbs shall attach to and run with the land. Said restriction, conditions and covenants shall be binding on all parties and all Persons claiming under them for a period ol 5 years from the dute hereof, after which time they shall be automatically extended for successive periods of five years, provided, however, that such restrictiohs, conditions, covenants and agreements, or any of them, may be supplemented, changed, or rescinded in any or all particulars at any time by the owners of 55% of the dwellings comprising the area incorporateO in this de- claration, evidenced by an insWument in writing execubad by the said owners in the manner provided by law for the convey- ance of real property and duly recorded in the office of th'72 Recorder aforesaid. The provis3ons of such instrument so executed shall be the Little Hock Planninn Commission, and upon such recordation shall be valid and nzndzng upon twe sellers and owners of the said lots in nazd tract, and upon all other persons. (b) If the parties hereto, or their successors shall violate or attempt to violate any of the covenants herein durins the oeriod for which thpv are in 10 force, m` durin� any of the extended periods for whtch �hoy are in forcev it shall be lawful for any person ownin� uny real p sroat law or in eguity a�ainst the person or person* violatin� or attemptin� to violate any such covenants, or eit�er to prevent him or them from so doin& or to r*covrr �ama�cs or other dues for such vinlation. (c) .-LAI�dj����. It is furth`r p�ovided th��t a breach o� any of the condi�ions contain`�d h'�rein or 'rf any re-entry by reason I hall not d'`feat o�r�ndpr invalid the lien of any Mort�a�e or Deed '/� Tru m^ w_J in �ood faith an�� for value as to said premi�es or any pa�t thereof; but said conditions shall be bznd�n�� u�on and effective a�ainst any owner oY said preo'ises whose t�tl�' thereto is acquired �y foreclosure, Trust'�e's sa1� or oWi'�r- wise. �dy it�. Inva]idation o� I-, one or more of �hese covenants by juI ment or court order shall in no wise a�f�ct anY o� Jr o�her provisions w. h sha)] r�ma�n in full force and �ffect. IN WITN'�'S WHERECF, the undersi�ned have h�reunto �.et ST ATTE LITTLE ROCK PLANNING COWSSION APPROVED ll ^ S7ATE OF ARKANSAS ) COUNTY OF CRAWFORD ) On this the 989, before me; the undersi��ned Notary Public, duly qualified and act - within and for the said State and County, appeared Rod Coleman and Lyndon Morris, who acknowleed themselves to be the representative of ERC Properties, Inc., and that they as such, being authorized so to do, executed the foreoin� instrument for the purpose therein contained. ��/J~-�� My Commissior Expires:------------------------------ 12 BILL OF ASSURANCE FOR LOTS. 58-8.3 , 1 OS-124 , AND 140-148 POINT WEST THIRD ADDITION PHASE 2A WHEREAS ERC Properties, Inc., hereinafter called sole owner of lane in Pulaski County, Arkansas described as: Phase 2A Part of the NE 1/4 of Section 8, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows: LEGAL DESCRIPTION Part fo the NE 1/4 of Section 8, T-1—N, R-13—W, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Northwest corner of the SW 1/4, NE 1 4, of said Section 8; thence S 00'23'00" W 622.10'; thence S 89'22'00" E 653.70'; thence S 00'40'00" W 661.60'; thence S 88'48'00" E 287.64' to the Point of Beginning; thence N 01'12'00" E 114.80'; thence along a curve to the left having a radius of 309.56 and ❑ chord bearing and distance of S 88'48'32" W 3.70'; thence N 00'40'00" E 644.64'; thence N 88'03'19" E 109.06'; thence along ❑ curve to the left having a radius of 119.01 and a chord bearing and distance of N 27'43 27" W 86.39% thence N 41'27'07" E 148.01 ; thence S 42'48'14" E 146.01'; thence S 00'40'00" W 160.29'; thence S 89'20'00" E 161.86'; thence N 00'52'00" E 29.29'; thence S 89'08'00" E 110.00'; thence S 00"52'00" W 716.58'• thence N 89'59'00" W 164.00'; thence N 88'48'00" W 367.86� to the Point of Beginning, containing 416.161.22 SQ. FT. or 9.55 Acres more or less. WHEREAS , it is deemed desirable that such real property be subdivided into public streets, access and utility easements, and building lots thereto, as siliIw on the plat i iled herewith as more particularly designated hereinafter. and that said real property be held, owned, and conveyed subJect• to the protective covenants herein contained which are imr-osed uoon such real prooert•v In order to assure =ac;h owner I %'njoyrflIF.' It; of '..•he view r1fl orde3 =a- ice. I Vdlt•h t•irl f_ .a re T. a �_ _ _�rl F use t•1'lere f c ndi to erlhti.n-e the value o i NOW, THEREFORE, a Grantor has caused said lands to be surveyed by Robert Lowe, Registered Land Surveyor, and a plat thereof made_, which is identified by the title "Point West, rd Addition, Phase 2A, is dated December, 1989 bears a certification of approval executed by the l Little Rock: Planning Commission, and is recorded in the Office of the Recorder of FG_t=ki County, `rkarsac4 as Instrument NO. 1 Grantor hereby fll%ide this Bi11 of Assurance and cert.i f ind that it has laid o f , platted, and subdivided l. h e said l a n d in accordance with said plat. The said laths shall he for -- ever known as "Poi.nt. West- 3Yd r.ddi.t•ion Phase 2A" and shall hereinafter be called the Subdivision. There are strips of ground shown on said plat which are reserved for the use of public utilities and for drainage purposes respectively, subject atall times to the proper authorities and to the easement herein reserved. Owners o lots in the Subdivision shall -take their titles subject to the rights of public utilities and the public. The filing of this Bill of Assurance and said plat for record In the Office of the Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedica-- tion of the streets and easements shown on said plat -I.bject to the limitations herein set out. Hereafter, conveyance and description of any of the said lands by tract or lot number as shown on said plat, acc oIlea_. hied by the words "in Faint. West rd Addition, Phrase 2A, Little Rock, Arkansas", shFa:sl.l be a proper and sufficient 2 description thereof, each such tract or lot to be located and to have the bounds and dimensions shown on said plat. The building lots herein platted shall be held, owned and used only as residential building sites, and no business, commercial, or industrial use shall be permitted thereon, with exception of the use of a Model Home by Builder site other than a single detached single-family dwelling, not ex- ceeding two and one-half stories in height and an attached private garage. Any extra storage shed or building may not be constructed or erected unless authorized and approved by the Architectural Control Committee, with exception of those construction or trailers that may be needed by Builder. 2. Architectural Control. No building shall be erected, placed, or altered on any property in the Subdivision until the building plans, exterior materials, 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 Architectural Control Committee. The Architectural Control Committee shall have the sole and absolute discretion to approve and disapprove any such plans so submitted, and such decision shall be final. No fence other than cedar wood or treated pine shall be permitted unless authorized in writing by the Architectural Control Committee. In the event the Architectural Control Committee fails to approve or disapprove any such material within 30 3 days after submission, this covenant {:hall be deemed to flc.!`:e been fully met by the person submi.t•t•iP-I,'_', such material for approval. There shall be no compensation for the services performed pursuant to this provision. . Miniri��jEi: Principal Dwell inn Mg, . The floor area x _ C! f c+. F I •`{ dwelling constructed on cl ICI y 1 o t. f i'I' part thereof shall be not less than 1,000 heated and cooled square feet-. In all cases the floor area shall be the area of the building within its largest outside dimen:_.lonsr exclusive [=i'1 open porches, carports and garages (together with utility and store rooms)... breezeways, terraces,'exterior or secondary rt.zi1'V.ays and outbuildings. 4. Setback Rt c u-i'cfiirr'i •; No Residence shall be locat- ed on a Lot nearer to the front Lot. line, rear Lot line or side L_ot lines than the minimum building setback lines shown can the plat; provided, such setback requirements may b modified, if such modification i.cat•ion is approved by the Al lot•t-er and the Little Rock Planning Commission or such other entity or regulatory agency as may succeed to their functions. No residence shall be located nearer to an interior Lot line than a distance of 101, of the average width of the Lot, pro- vide, however, that such distance need not exceed eight- () feet. No residence shall be located i on any Lot nearer than 5 feet to the rear Lot- line. S. Fir'-sLA.Vi ISiOn No lot- shall be subdivided with -- out ut- first obtaining the written consent of Grantor (provided that Grantor still owns property within the subdivision) and 4 the Little Rock: Planning Commission. 6. E_a::cri�ent•s (a) Easements -of -way for the streets as shown on the said plat are donated and dedicated to the public, and parties engaged in supplyin€, public utilities shal.l have the right to use and ocf_1.py said easements -of -way and streets for the installation, maintenance, repair, and replacement of service facilities. Other easements for the installation, maintenance, repair, and replacement- of utility service facilities and drainage have been reserved. And parties supplying utility service shall have the righlt of ingress to and from and in , over and across said easements, 9 and no im-- provf=°lient,s a trees, incinei'at.ors, fences, or of}lk=r hindrances shall be placed upon such easement area- t.hFat will interfere with the operation and maintenance of such of such ut•i l i t.v service_. In the event such hindrances are built, maintain- ed, or grown within the areas of such easements, no utilit•v shall be liable for destruction of or repair of same. . 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 scrap material, rubbish or debris shall be permitted to accumulate upon the premise_.. Automo- biles or obsolete vehicles or machines no larger in service shall 1'ot be repaired, overhauled or ot•hlr:.'1':'dise worked 4n in the streets, carports, garages y driveways or yards. All automobiles and other motorized vehicles including but not. 5 times. If the property is not maintained, t%'!t' developer shall have t. hi e right to maintain t h ! e lot- or = lots and t• h! e expenst! =..•hall become a lien on the w���•!~r;perty. 8. Itfti-��-'{'cl1~' S_t r1.1gL!AY' a s. No trailer, mobile home, or similar object., basement, tent., shack, garage, barn, or other outbuilding erected on is building -.itL=_ covered by these covenants shall at any time be used for hurilaY'I habitation, temporarily or permanently, nor shall any structure of .a temporary character be used for human habitation. No exist- ing structure shall be moved onto a building site in the Subdivision, nor shall any garage bL'=.' inclosed in a permanent fashion on ari=-a residence with exception of a model home being used by the developer. 9. A-it.r-,rit-la and '=at•ellit � antenna, aerial, r Dishes. hle� . �`f; or other device shall be permitted on ai'"!'s structure 'Mere some form of TV cable is available, including pay satellite furnished by others. Where TV cable or pay satellite is not available, the owner is permitted one (1) antenna which will be allowed for the sole purpose ofreception of television broadcast only, and such antenna shall be raised to a height necessary for the TV reception in the area. No C_Gj ham radio or other antennas will be permitted at all. Satellite dishes are strictly prohibited in this subdivision unless cable is not available. 10. yigns. No sign of any kind shall be displayed to the public .thew on any building site, except one sign oJ`I not more than 5 square feet advertising the property for sale or 6 limited toy boats, f_ioat. t'I'c+.11*_rs, campers, bicycles, motor- cycles and three and fol.i'i wheelers in the said subdivision must be stern; licensed, state inspected i f requiredby law 5 and in running order at all times. All vehicles area to be parked at all times. All vehicles are to be parked at all times in a designated parki.l"{:_', area, i.e. garage_' or driveway, and are not to be parked at any time in a yard or � n a porch area. No lot shall be allowed to grow up in weeds, gnas -i or other unsightly growth. All lots shall be kept ina neat andorderly fashion.No lot. __•hall be used or maintained as :.. dumping ground. Ruhbish, trash, garbage and/or other wastes shall not be kept except in approved sanitary containers. All equipment for the storage and/or disposal of such rubbish, trash, garbage or other wastes shall be kept in a clean and sanitary condition. No garbage or trash containers are to be kept in vies.' of the street unless it is to be picked up that. day. No truck, van, bus or motor home with a load capacity of fiiore than one-half ton shall rye parked or garaged on any street. or residential lot. No boats, motor homes, utility trailers and any other non -everyday Luse vehicle will be allowed on the lot unless stored in the garage or in back yard behind privacy fence and out of sight at all. times. Motorcycles may be kk_pt. i �n the property but must be st.il}'ed out of sight- when not in use. In the event that any lots are sold to a homeowner or builder and no structure is immediate- ly erected, the owner or owners of such lot or lots shall keep said property mowed and in a sanitary condition at all 7 rent or signs and flats used by a builder or a i'ealltor to advertise the property during construction and sales periods. 11. Animals, Livest.nck and Qcaltry_ . No animals, live- stock, or poultry of any kind shall be raised or kept on any building site, except dogs, cats, or ether household pets may be kept, provided that they are not s:ept or maintained for r any commercial purpose. Household and yard pets shall be maintained in a clean and sanitary situation and hall not be. noxious or as nuisance to the surrounding goners. All yarn"] FED-t.s are to be fiaint•ained in a fend:d area behind the res- idence at all times. 12. SiFht Dist•ynce at Irt_5 ... al.�re hedge, or shrub planting which obstruct.s sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner tract or lot- within the triangular area formed by the street- property lines and a line connecting ting them at points O feet from the intersection of the street lines, or in the case of a•S round- ed property corner from the intersection n of the street property line's extended. The saifle sight line limitations shall apply to any lot within 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 is maintained at sufficient height to prevent- obstruction of such sight lines. i 13 . Fences. No fence, wall, hedge, or shrub planting shall be located or permitted to extend beyond the fI111rIZmum setback line established here: in, except- upon approval by Grantor. 14. C:u_rbs nrld Gutters. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways and driveway grades lowered to meet the gutter lane, not more than two inches above the gutter grade. 15. Archlitect.i al Control Committee. (a) The Architectural Control Committee is com- posed of ERC h-'i•o e..'I'tigInc . ; ho s nL h;l:• �1-t•c•!__j a �•].�k'. The committee may designate c-! representative to act for it. in the event of death or resignation of any member of the com- mittee, the remaining members shall have full authority to designate-.'.' a successor. Neither the members of the committee., not its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. Upon completion � ,f all homes in this phase 5 the ACCshlal 1 be tthe re pi ns 1 bl l i t•}' of the homeowners in this phase. (b) The eommitt•eegs approval or disapproval as required in these covenants shall be in writing. In the event the committee or its -designated representative fails to approve or disapprove within 30 days after plans and speci- fications have been submitted to it, or in any event i-1 no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the 9 related covenants shall be dt:'[-!flled to have been fully complied iE_d with. 16. General. F.r -v sicn5. (a) Term. All of the restrictions, conditions, covenants and agreements shall affect. all of the lots as hereinabo:le set forth and are made for the direct and recip- rocal benei it thereof and the covenants shall attach to .and ruff with the 1curld. Said rest.rict•iot!, r,,iir{ciit•iGns any i covenants shall be binding on all parties and all persons claiming under them for a period of S years from the date hereof, after which time they shall be automatically extended for successive periods of 'Five years, provided, however, that such rest.rict•iohsy conditions, covenants and agreements, or any of them, may be supplemented, changed, or rescinded in any or all particulars at any time by the owners of 65% of the dwellings comprising t. h e- area incorporated in this de- claration, evidenced by an instrument in writing executed by the said owners in the f!t'-:llrner provided by law for the convey- ance of real property and duly recorded in the office of the Recorder aforesaid. The provisions i i i such inst•r!_dfYteirit so executed shall be the Little Rock Planning C=c,rimission, and upon such recordation shall be valid and binding upon the sellers and owners of the said lots in said tract, and upon all other persons. (b) EF"tforcement•. 11 the parties fteret.iiq or their successors shall violate or attempt to violate any of the covenants herein during the period for which they are in 10 force,force,+,orduring any Ct f the extended periods fiforwhich they are in force, it shall be lawful for any person nL-+Yi7.ng any real property subject thereto to prosecute any proceedings at law or in equity against the pe_'fS+=n or persons Is violating or attempting to violate any such covenants, or either to prevent him or them from s+_+ doing or t•� i recover damages or other dues for such violation. +:. c 1 Sub[tnat.T•di-n . It. i further provided that. a breach of any of the conditions contained herein or of any re-entry by reason of such breach s-hal_i. not +_efeatt. or T=+='I'ider invalid the lien of any Mortgage or Deed of Trust made in g+atod faith and for value as to said premises or any part thereof; but said conditions shall l be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, Trustee's sale or other- wise. (d) Severabili.tv. Invalidation of any one or more of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have hereunto set their hands this ZLT tray of HT T E'=• . LITTLE ROCK PLANNING C0 SSION APPROVED ERC: PF3kPERTJgS ` how, BY Trustee k ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY NTY OF C RAWFORD 66 Onthis the - �/_ -- day �� 1 .._ _ ti... a 1989, b"='f '-}rt•' me v the undersigned Notary Public, duly qualified and a[t-- i tlt_ within and for t•4'IF• said State and County, appeared i Rod Coleman and Lyndon Morris, who acknowledged themselves to be the representative of EEC: Properties, Inc . aand that they as such T being authorized so to i do executed the LL''!- foregoing instrument for the Cltdi"'pose therein contained. My Commission Expires:--//- N 4ry Public 12 a d ,ir;K k''`O r-4` f- Ci� ity of Little Rock Department of Public Works 701 West Markham Little Rock, Arkansas 72201 371-4800 Engineering Division VMc:l have appooved construction of streets and drainage in Phase 2A of Point West:Third Addition, and have received a maintenance bond for same. ThisoprojecE is adjacent to l,Ots 68-83, 106-124 and 140-148. I will give a better report of approval in a day or so. I understand that you will receive a P3£xx Bond or ewuivalent for the remaining work(Sidewalk) to be dimx done. Pat Mc says that the bdkild will be for 15K and that it will cover only 800+ if of sidewalk. That is a big surplus of coverage and its OK . M E M O R A N D U M TO: Van McClendon FROM: Carroll Ball SUBJECT: Final Subdivision Plats POINT WEST ADDITION III, PHASE 2A Construction of streets and drainage facilities in not yet approved. Plat drawing is approved. MCGETRICK ENGINEERING CITY OF LITTLE ROCK 3/06/90 Filing Fee Point West Third Addition, Phase 2A $ 273.00 PRODUCT A9039-1 REBS, INC., GROTON. MA 01471. TO REORDER PHONE TOLL FREE 1+800-225-9550. A FOLD AT (>) TO FIT COMPANION 9380 DU-O-VUE ENVELOPE, PRINTED IN U.S CITY OF LITTLE ROCK NO. OFFICE OF COMPREHENSIVE PLANNING FILING FEES Little Rock, Ark. ; �,Ja+-:r190;�. Rezoning Application . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . , . . . . $ Preliminary Plat . . . . . . . . . . . . . . $ Final Plat Street Name Signs: Igo. Signs At Ea."'a - $ >� ..ICI■ TOTAL k File No .*$ Addresst L.�pp l i c a n t; r ,- :'F,, :� `-,x 7_z- �^