HomeMy WebLinkAboutS-0054-Q ApplicationBILL OF ASSURANCE
FOR LOTS 54-67, 125-139, 34-37, 14-16, 93,94, 149, 67A
POINT WEST THIRD ADDITION
PHASE 2B
WHEREAS ERC PROPERTIES, INC_ , hereinafter called sole owner of
land in Pulaski County, Arkansas described as: Phase 2B
Fart. of the NE 1/4 of Section 8, T-1-N, R-13-W, Pulaski County,
Arkansas, more particularly described as follows:
LEGAL DESCRIPTION:
Commencing at the Northwest corner of the SW 1/4, NE 1/4 of sold Section 8;
thenoo s 89'3o'oo" E 573.63' to the Polnk of Beginning; hence
S 89'30'00" E MOO'; thenco S 89'18'00' E 215.00 ; thence
S 00'42'00" W 115.85' to a point on theN?,rtherly right- of -way Iine
of Calgary Troll (50' R/W}; thence S 06'04y 05 W 50.22 to a point on
the Southerly right--of-rrax]( lino of catggary Trail; thence S 01'20'16" W
121.66'; thence S 89'18 00" E 160.99'; thence S 42'48'14" E 121.17 ,
thence S 41'27'07" Wr 148.01' to a point on the Westerly rl ht�-of—way line
of Diosqvlte circle (45 R/W7• thence olog a curve to the rig. t hoving, a radius
of 121.51' and a chord bearing sand distance of S 2,�'43 27" 86,35';
thence S 88'03'19" W io9.o6 • thence S 00 40'00 W 4.64 to a point
on the. Southerly right-of-way 11ne of Calgary Trail (50' R thence along a
curve to the right Navin a radius of 309,56 and o ohor bearing and distance
of N 88'45'32" E 32; thenoe S 01'12i00" W 114,80 thence
N 88'48'00" W 287.84'; thence N 00'40'00" E 661.691 thence
N 89:22`00" W 113.40% thence N 07'03'22" E 118.95 ; thence
lei 0803'59" E 54.41 , thence aloeg a curve to they left having a radius of
288,15' and o chord booring and distance of S 82*34 24 E M00% thence
N 05'46'34" E 93.00'' thence N 28'01'13' W 100.39'j thence N 00'30'00" E
Pon t Sof Soginn! g, 8contolni'ng 452,082 71 thence
SQ FT N orr a 380Acres, more or lesto s
WHEREAS, it is deemed desirable that such real property be
subdivided into public streets, access and utility easements, and
bu-ilding lots thereto, as show on the plat filed 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 imposed upon such real property in order
to assure each owner's enjoyment of the view afforded each lot with
the least restriction of use thereof and to enhance the value of
said real property.
NOW, THEREFORE, 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 3rd Addition, Phase
2B, i& dated DULY, 1991 bears a certification of approval executed
by the Little Rock Planning Commission, and is recorded in the
Office of the Recorder of Pulaski County, Arkansas, as Instrument
N(:). —
Grantor hereby made this Bill of Assurance and certified that
it has laid off, platted, and subdivided the said lands in
accordance with said plat. The said lands shall be forever known
as "Point West 3rd Addition, Phase 2B" 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 at all times to the proper authorities and to
the easement herein reserved. Owners of 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 dedication of the streets and
easements shown on said plat subject 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, accompanied by the
words "in Point West 3rd Addition, Phase 2B, Little Rock,
Arkansas", shall be a proper and sufficient description -thereof,
each such tract or lot to be located and to have the bounds and
dimensions shown on said plat.
1. L-nd. U5e__ BuildinaType- and Height Restr•ictirsr�.
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 exceeding 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 .
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,
adeioining streets, and finished ground elevations have been
approved in writ•ins by the Arch itect,13rF-i-1 *,ontrol 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 days after submission, this covenant shall
be deemed to have been fully met by the person submitting such
material for approval. There shall be no compensation for the
services performed pursuant to -this provision_
3. Minimum Principal Dwelling Size. The floor area of any
dwelling constructed on any lot or 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
dimensions, exclusive of open porches and garages (together with
utility and store rooms), 'breezeways, terraces, exterior or
.secondary stairways and outbuildings_
4.Setback Requirements. No Residence shall be located on a
Lot nearer to the front Lot line, rear Lot line or side Lot lines
than the minimum building setback lines shown in the plat;
provided, such setback requirements may be modified, if such
modification is approved by the Allotter 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 10% of the
average width of the Lot, provided, however, that such distance
need not exceed eight (5) feet. No residence shall be located on
any Lot nearer than 25 feet to the rear Lot line.
5 Rg--subrJ_i_v_i fin_ No lot shall be subdivided without first
obtaining the written consent of Grantor (provided that Grantor
still owns property within the subdivision) and the Little Rock
Planning Commission-
6- Rwaare (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 utility
service. facilities. Other easements for -the installation,
maintenance, repair, and replacement of utility service facilities
and drainage have been reserved. Any parties supplying 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
e.a.sernent areas that will interfere with the operation and
maintenance of such utility services. In -the event such hindrances
are built, maintained, or grown within the areas of such easements,
no utility shall be liable for destruction of or repair of same.
7. 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 nP-ighborhood.
No scrap material, rubbish or debris shall be permitted to
accumulate upon the premises. Automobiles or obsolete vehicles or
machines no longer in service shall not be repaired, overhauled or
otherwise worked on in the streets, driveways, or ,yards_ All
automobiles and other motorized vehicles including but not limited
to, boats, boat trailers, campers, bicycles, motorcycles 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 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 porch area. No lot shall be allowed to
grow up in weeds, grass or, other unsightly growth. All lots shall
be kept in a neat and orderly fashion_ No lot shall be used or
maintained as a dumping ground. Rubbish, 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
3
and sanitary condition. No garbage or trash containers are to be
kept in -view of the street unless it is to be picked up that day.
No truck, van, bus or motor home with a load capacity of more than
one-half ton shall be parked or garaged on any street or,
residential lot_ No boats, motor homes, utility trailers and any
other non -everyday use 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 kept on the property but
must be stored out of sight when not in use. In the event that any
lots are sold to a homeowner or builder and no structure is
immediately erected, the owner or owners of such lot or lots shall
keep said property mowed and in a sanitary condition at all times.
If the property is not maintained, the developer shall have the
right to maintain the lot or lots and the expense shall become a
lien on the property.
8. Temporary Structures. No trailer, mobile home, or similar
object, basement, tent, shack, garage, barn, or other outbuilding
erected on a building site covered by these covenants shall at any
time be used for human habitation, temporarily or permanently, nor
shall any structure of a temporary character be used for human
habitation. No existing structure shall be moved onto a building
,site in the Subdivision, nor shall any garage be inclosed in a
permanent fashion on any residence with exception or a model home
being used by the developer_
9. Antenna and No antenna, aerial, or
other device shall be permitted on any structure where 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 of reception of television broadcast only, and such antenna
shall be raised to a height necessary for the TV reception in the
area_ No CB, ham radio or other antennas will be permitted at all.
Satellite dishes are strictly prohibited in this subdivision unless
cable is not available.
10. `zgns. No signs of any kinds shall be displayed to the
p-dblic view on any building site, except one sign of not more than
5 square feet advertising the property for sale or rent or signs
and flats used by a builder or a realtor to advertise the property
;luring; construction and sales periods.
11. AL mils_ livestock; try- No animals, livestock,
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 be noxious or a nuisance to
the surrounding owners. All yard pets are to be maintained in a
fenced area behind the residence at all times_
12 . Si gbt DistanQe at In-ar,,5Qction _ No fence, wall, hedge,
or shrub planting which obstructs sight lines at elevations between
and F feet above the roadways shall be placed or permitted to
51
remain on any corner 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 rounded property corner from the intersection of the street
property lines extended_ The same 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_
13_ Fences. No fence, wall, hedge, or shrub planting shall
be locat6d or permitted to extend beyond the minimum setback line
established herein, except upon approval by Grantor•.
14. Curbs and 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 line not more than two inches
above the gutter grade.
15 _ Arch ileg tura Control Ccsmmitto .
(a) The Architectural Control Committee is composed of
Cornerstone Development Company's chosen representatives. The
committee may designate a representative to act for it. IrL the
event of death or resignation of any member of the committee, the
remaining members shall have full authority to designate a
successor. Neither, the members of the committee, nor its
designated representative, shall be entitled to any compensation
for services performed pursuant to this covenant. Upon completion
of all homes in this phase, the ACC shall be the responsibility of
the homeowners in this phase-
(b) The committee's 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 specifications have been submitted
to it, or in any event if no suit to enjoin the construction has
been commented prior to the completion thereof, approval will not
be required and the related covenants shall be deemed to have fully
complied with.
16. General Provisions.
(a) Term. All of the restrictions, conditions,
covenants and agreements shall affect all of the lots as
hereinabove set forth and are made for the direct and reciprocal
benefit thereof and the covenants 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 of
5 years from the date hereof, after- which time they shall be
automatically extended for successive periods of five years,
provided, however, that such restrictions, conditions, covenants
and agreement, 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 incorporated in this
declaration, evidenced by an instrument in writing executed by 1-.1-1P.
said owners in the manner provided by law for the conveyance of
5
real property and duly recorded in the office of the Recorder
aforesaid. The provisions of such instrument so executed shall be
the Little Rock Planning Commission, 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) Enforcement. If the parties hereto, or their
successors shall violate or attempt to violate any of the covenants
herein during the period for which they are in force, or during any
of the extended periods for which they are in force, it shall be
lawful for any person owning any real property subject thereto to
prosecute any proceedings at law or in equity against the person or
persons violating or•attempting to violate any such covenants, or
either to prevent him or them from so doing; or to recover damages
or other dues for such violation-
( C) Subordination. It is further provided that a
breach of any of the conditions contained herein or of any re-entry
by reason of such breach shall not defeat or render invalid the
lien of any Mortgage or Deed of Trust made in good faith and for
value as to said premises or any part thereof; but said conditions
shall be binding upon and effective against any owner of said
p-r•emises whose title thereto is acquired by foreclosure, Trustee's
sale or otherwise-
(d) Severability. Invalidation of any one or more of
these covenants by ,judgement or court order shall in no way effect
any of -the other provisions which shall remain in full force and
effect.
IN WITNESS THEREOF, the undersigned have hereunto set their
hands this day of (2, 1991.
_" ,TEST: gRC PROPERTIE
Y
YP'TJSTEE
LITTLE ROCK PLANNING
COMMISSION APPROVED
(3
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
COUNTY OF Crawford
On this the 8th day of July , 1991 before me, the
-undersigned Notary Public, duly qualified and acting within and for
the said State and County, appeared _ John H. Clavtan - and
Dawn Cook , who acknowledged themselves to be the
representative of ERC Properties, Inc_, and that they as such,
being authorized so to do, executed the foregoing instrumen
-the purpose therein contained_
Notary Public
Candace B. Armstrong
Av ��.c�gm'is.-4,ion Expires:
11/15/92
7
aCity of Little Rock
Department of
Public Works
ill
July 12,1991
MEMORANDUM
701 woot Markham
Little Hnnk, Arkansas 72201
371-4uun
To: Tad Borkowski
From: Carroll Ball
Subject: Point West Third Addition Phase 2B
Asurance of Completion of Construction
Ennineerinq Division
We have approved the amount of Five Thousand
Dollars as adequate to complete the remaining items
of construction of street and drainage'facilities
in the captioned project. `
We have approved the amount of Nine Thousand Nine -
Hundred Sixty Dollars as adequate to compLz.'te the
construction of required sidewalks in the project
-