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HomeMy WebLinkAboutS-0285-YY Application701 West Markham UMfe Rock Arkarmm 72201-1300 371-Ml Fax 371-4460 CIVIL ENGINEEftING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN BE ISSUED 74, ,elf v c 4 /,d / ,, SIGNED BY ENGINEER SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT c,l DXF DISKETTE STORM DRAIN E� jo Z F 4N REMARKS Division nL- /- /7 r 3 Vf This instrument prepared by: Hal Joseph Kemp, P.A. Attorney at Law 111 Center Street, Suite 1300 Little Rock, Arkansas 72201 Phone - (501) 372-7243 2003005563 01/21/2003 09:21:07 AID Filed K Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees4h. 00a % "4��4a��4� 56�SNa�,� R � DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, RANCH PROPERTIES, INC., an Arkansas corporation, hereinafter referred to as the "Allottor", while the owner of the therein described lands situated in the County of Pulaski, State of Arkansas, did cause to be executed and filed that certain Declaration, Plat and Restrictive Covenants, filed for record on the 13th day of December, 1990 and recorded as Instrument Number 90-67466 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, hereinafter referred to as the "1990 Declarations", whereby the Allottor did impose and subject the therein described lands with certain restrictive covenants and conditions; and, WHEREAS, the 1990 Declarations prescribe at Article VII, Section 7.2 thereof that the covenants, conditions, restrictions and reservations contained in the said 1990 Declarations may be modified and amended as to the lands therein described or any portion thereof with the consent of the owners of 60% of the said lands; and, WHEREAS, Allottor is and remains as of the date hereof the owner of 60% or more of the lands described in the 1990 Declarations; and, WHEREAS, Allottor is the owner of the following described real property, which comprises a part of the lands described in the 1990 Declarations, situated in the County of Pulaski and State of Arkansas, to -wit: Part of the E1/2, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas more particularly described as: -1- --FINAL-- hj kpa\realty\ranchb a. doe 01/16/03 02:00 PM DECLARATION Beginning at the Southwest corner of Lot 3, Tract F, The Ranch, an addition to the City of Little Rock, Arkansas; thence North 36°48'07" West along the proposed North right of way of Ranch Drive, 44.13 feet; thence Northwesterly continuing along the proposed North Right -of -Way line of Ranch Drive, being the arc of a 507.46 ft. radius curve to the left, a chord bearing and distance of North 46°03'07"West, 163.14 feet; thence N44°54'45" East, 175.07 feet; thence South 45°05' 15" East, 198.00 feet to a point on the West line of Lot 4, said Tract F, The Ranch, Thence S42°05'46" West along said West line and along the West line of said Lot 3, 178.90 feet, to the point of beginning containing 34,492 square feet or 0.7918, acres more or less. WHEREAS, Allottor desires to plat and subdivide the real property just above described into a lot and streets as shown on the Plat hereinafter referred to and to amend and modify the 1990 Declarations as same pertain to the lots subdivided and platted hereby. NOW THEREFORE, WITNESSETH: That the said Allottor, for and in consideration of the benefits to accrue to it and its successors and assigns, which benefits it acknowledges to be of value, has caused the Real Property just above described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Paul M. White, a Professional Land Surveyor, License Number 1281, and Timothy E. Daters, a Professional Engineer, License Number 5033, said plat bearing the signature of the said Surveyor and Engineer and being of record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat and the Allottor does hereby make this Declaration of Restrictive Covenants and Bill of Assurance. IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the Real -2- --FINAL-- hjkpa\rea1ty\ranchba. doc 01/16/03 02:00 PM DECLARATION Property just above described, in accordance with the aforesaid plat. The Real Property just above described and embraced in said Plat shall be forever known as: Lot 5, Tract F, The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas; and any and every deed of conveyance of any said lot describing the same by the lot and block number shown on said Plat shall always be deemed a sufficient description thereof. Moreover wherever the terms "Lot or Lots" are used herein same shall mean the Lots platted hereby unless another meaning is expressly stated. Likewise wherever the term "Addition" is used herein same means The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas. The Allottor hereby dedicates to the public forever an easement of way on and over the street right-of-way as shown by said Plat as Ranch Drive, to be used as public streets. In addition to said street rights -of -way there are strips of ground shown and dimensioned on said Plat marked "Utility Easement" and "Drainage Easement", which Allottor hereby reserves for the use of and by public utilities, and for drainage purposes, respectively, subject at all times to the proper authorities and to the easements and restrictive covenants herein reserved. All persons, natural and artificial, who become owners of the lots platted hereby, shall take their titles subject to the rights of public utilities and the public in the street rights -of -way and the utility and drainage easements shown on the Plat as well as the Private Access Easements as shown on the Plat. The filing of this Declaration of Restrictive Covenants and 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 street rights -of -way and the Utility and Drainage Easements shown on the said plat. The streets shown on said Plat shall henceforth be known by the names designated on said Plat and same shall be of the length and width shown thereon; provided, however, the Allottor does hereby reserve unto the Allottor the right to any surplus dirt in said streets for Allottor's own use and benefit. The lots platted hereby shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, -3- --FINAL-- hj kpa\realty\ranchba.doc 01/16/03 02:00 PM DECLARATION restrictions and provisions set forth above and the terms, provisions, covenants, restrictions, reservations and conditions said forth in the 1990 Declarations, the terms and provisions of which are by this reference fully incorporated herein save and except to the extent amended or modified hereby, and together with the following provisions; each of which and all of which shall be covenants running with the said lands above described, and the same shall be binding upon all owners and their respective heirs, successors and assigns, in order to maintain the Real Property described herein as desirable and uniform, to -wit: ARTICLE I BUILDING LOCATION Notwithstanding the provisions of Article VI, Section 6.4 of the 1990 Declarations, no building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby nearer to the front lot line or nearer to the side yard line than twenty-five (25') feet from the property line. No building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby nearer to the rear lot line than fifteen (15') feet from the property line. For the purposes of this paragraph, eaves, steps, balconies, and open porches shall be considered as a part of the building, but parking lots, sidewalks, open terraces or patios without roofs shall not be so considered. ARTICLE II PARKING Notwithstanding the provisions of Article VI, Section 6.10(d) of the 1990 Declarations, no parking space or parking spaces shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby nearer to the front lot line or nearer to the side yard line than six (6') feet from the property line. No parking space or parking spaces shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby nearer to the rear lot line than six (6') feet from the property line. ARTICLE III MAXIMUM BUILDING SIZE AND SLOPED ROOF 10 --FINAL-- hjkpa\realty\ranchb a.doc O1/16/03 02:00 PM DECLARATION Notwithstanding the provisions of the 1990 Declarations, no building shall be constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby unless the square footage of the finished heated and cooled living area thereof, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, is equal to or less than thirty-two (32%) per cent of the square footage of area of the Lot upon which the building is to be constructed. Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. Additionally, no building shall be constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby unless such building is constructed with a sloped roof and same is roofed with architectural shingles. ARTICLE IV STREET ACCESS, DRIVEWAYS AND PRIVATE ACCESS EASEMENTS Notwithstanding the provisions of the 1990 Declarations, all driveways constructed on any lot platted hereby will be constructed at grades lowered or raised to meet street grades with culverts installed and maintained unobstructed. PROVIDED, FURTHER, private access easements for the lots platted hereby are shown on the Plat and such easements are hereby reserved to and for the use and benefit of the Allottor, its successors and assigns, and concurrently granted to the subsequent owners of the lots platted hereby as non-exclusive appurtenant easements to provide ingress/egress for vehicular and pedestrian traffic and for public utility services to the lots platted hereby as well as to provide ingress/egress for vehicular and pedestrian traffic and for public utility services, as appurtenant easements, to and from that portion of the following described lands, which lands Allottor in its sole discretion may hereafter subdivide and plat into one or more lots, to -wit: Part of E'/2, Section 14, Township 2 North, Range 14 West, Pulaski County, Arkansas, more partiulcularly described as: Beginning at the Southwest corner of Lot 1, Tract "F", The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas, said corner lying on the northerly right of way line of Ranch Drive; thence Northwesterly along said northerly right of way line, being the arc of a 924.93 foot radius curve to the right, having a chord bearing and distance of North 47°40'23" West, 1.06 feet; thence North 47°45'55" West 204.61 feet; thence Northwesterly along the arc of a 686.20 foot radius curve to the -5- --FINAL-- hjkpa\rea1ty\ranchba. doc 01/16/03 02:00 PM DECLARATION right, having a chord bearing and distance of North 42°18'09" West 130.65 feet; thence North 36°50'24" West 91.16 feet; thence Northwesterly along the arc of a 507.46 foot radius curve to the left, having a chord bearing and distance of North 5715' 20" West 354.03 feet; thence North 11'00'20" West 4.86 feet; thence Northerly along the arc of a 984.93 foot radius curve to the left, having a chord bearing and distrance of North 08°35'08" East 83.17 feet; thence North 06°09'57" East 222.68 feet; thence North 81°21'37" East 400.43 feet to a point on the westerly line of Tract "S", The Ranch; thence South 4°08'32" East along said westerly line, 270.86 feet; thence South 29°48'12" East and continuing along said westerly line, 468.99 feet to the northern most corner of Lot 1, Tract F, The Ranch; thence South 61°05'31" West along the northwesterly line of said Lot 1, 173.85 feet; thence South 31°23'51" West and continuing along said northwesterly line 217.70 feet to the point of beginning. The Owner of each platted lot, including the Owner of any lot if and when platted out of the lands just above described by metes and bounds description, served by the private access easement shall share equally in the cost of maintaining and repairing the said private access easement. ARTICLE V EASEMENTS Notwithstanding the provisions of the 1990 Declarations, easements of way for Ranch Drive as shown on the plat filed herewith have herein been donated and dedicated to the public, and the persons, firms or corporations engaged in supplying public utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, cable, water and sewer, 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. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have herein been reserved, said easements being of various widths, reference being hereby made to the plat filed herewith for a more specific description of width and location thereof. As various utility facilities are underground, any alterations or lowering of the surface grade of the ground in any easement and the area immediately adjoining such easements is prohibited, if such alteration or lowering would result in there being less than 30 inches of clearance either vertically or horizontally between the surface grade and the underground electric cables and conductors supplying telephone and electric power service; and, as the electric IN --FINAL-- hjkpa\rea1ty\ranchba. doc 01/16/03 02:00 PM DECLARATION distribution transformer stations and service pedestals are located on surface grade, fills within the area of the 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 and telephone cables, facilities and equipment, and the supplying of service from such equipment are also prohibited. No incinerators, structures, buildings or similar improvements shall be built or maintained within the area of such utility easements. No excavations within the area of such easements for the erection of any fences (wood, wire, stone, or brick) or for any other purposes shall be made which would interfere with the installation, maintenance, repair and replacement of any utility service. In the event any such trees, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easement, no utility will be liable for the destruction of same in the installation, maintenance, repair, or replacement of any utility service located within the area of such easement. ARTICLE VI PROPERTY LINES AND BOUNDARIES Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are curve distances, and all curve data as shown on the Plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. ARTICLE VII CONFLICTING PROVISIONS To the extent that the provisions hereof conflict with or are deemed to be in conflict with the provisions of the 1990 Declarations, then and in such event, the provisions hereof shall control; otherwise the provisions of the 1990 Declaration, as amended from time to time, shall be and remain in full force and effect, including the provisions thereof pertaining to termination, modification, cancellation, amendment and enforcement as covenants running with the lots platted hereby. ARTICLE VIII -7- --FINAL-- hjkpa\realty\ranchba. doc 01/16/03 02:00 PM DECLARATION a7_W7_\9.110Y611 Invalidation of any restriction or provision hereof, or any part hereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part hereof, but they shall remain in full force and effect. EXECUTED this r%' day of 2002. RANCH PROPERTIES, INC. TITLE: 1 nP51 De if— 191 --FINAL-- hjkpa\rea1ty\ranchba. doc 01/16/03 02:00 PM p !1 t1 W ....f, .� n [ 1 �1,. .yr di : ''�J . ,:u �L1�'�,'- �S �.i:.u.J � lrL..e � ..e .. - .. - — ...• �. - City of Little pc51—MMM-11, �;an DECLARATION ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI ) BE IT REMEMBERED that on this day appeared before the undersigned, a Notary Public duly commissioned, qualified and acting within and for the County and State aforesaid, appeared in person the within named Edward K. Willis, being the person authorized by said corporation to execute such instrument, stating his respective capacity in that behalf, to me personally well known, who stated that he is the President of the RANCH PROPERTIES, INC. executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMOANY WHEREOF, I have hereunto set my hand and official seal this day of aAzw,u4 2003. N TXRY PUq[AC (SEAL) My commission expires: 3-_99-.'2('10 --FINAL-- hjkpa\realty\ranchba. doc 01/16/03 02:00 PM A FC_iAL SEAL KIMBERLY D. MOORE NOTARY PUBLIC - ARKANSAS PULASKI COUNTY My C®FF missim Expires: 3-29-2010 in Board of Aajustmeni ID Cond. Use Permit/T.U.P. $ Final Plat $ Z 9 ° J7) Planned Unit Dev. $ Preliminary Plat $ Use Permit Special Rezoning $ Site Plans'' Street Name Change CIT) $ Street Name Signs Number at ea. $ Public Hearing Signs Number at ea. $ Total $ File No. S — Dm-q5 Location- Applicant,[� ByL �`'`