HomeMy WebLinkAboutS-0010-U ApplicationAMENDED
BILL OF ASSURANCE
Phase II, Charles Valley
Lot 40, Charles Valley Subdivision
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS Birch -Brook, Inc., Trustees, is the sole owner
of the following described lands in Pulaski County, Arkansas:
A tract of land located in the SW} NE}, Section 33, T-2-N,
R-13-W, Pulaski County, Arkansas, more particularly described as
follows:
Commencing at the SW corner of said SW}, NE}; thence N005512811W
(along the West line of said SW}, NEi and the East line of
Pleasantree Addition as platted in Book 33, Page 42) 680.86.1;
thence S8905814611E (along the North line of Lots 42 & 43,
Charles Valley Subdivision as platted in Book A Page 136 & Book
B, Page 295, respectively) 213.151, to the point of beginning;
thence S8905814611E, (along the North line of Lots 42 and 41,
Charles Valley Subdivision) 215.451, to the West right-of-way
line of Macon Drive; thence along said right-of-way N001113311W,
21.27' to the point of curvature of a curve to the right (said
curve having a radius of 287.8211); thence along said curve on a
chord bearing & distance of N2503913911E, 251.021 to the south-
ernmost point of Lot 38, Charles Valley Subdivision, as platted
in Book B, Page 152; thence along the southwest boundary of said
Lot 38 the following bearings and distances, N41036156"W,
189.171; thence N003513711W, 45.181; thence along the North line
of Lot 40 S8905314711W, 207.71; thence S1°17'41"E, 208.341;
thence S1°14'21"E, 225.451; to the point of beginning, contain-
ing 108,700.59 square feet or 2.495 acres more or less.
AND WHEREAS it is desirable that the above described property be
subdivided into lots and streets;
NOW THEREFORE WITNESSETH THAT, the said Birch -Brook, Inc.,
Trustee, hereinafter termed "Grantor" has caused said property
to be surveyed by Robert C. Lowe, Jr., Registered Land Surveyor,
and a plat thereof which is identified by the title Lot 40,
Charles Valley Phase II Subdivision, Little Rock, Arkansas, and
the date , 1987, and by the signature of the Circuit
Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, and
recorded in Plat Book at Page in the records of said
Circuit Clerk, therefore the Grantor does hereby make this Bill
of Assurance.
The Grantor does hereby certify that is has laid off, plat-
ted, and subdivided said lands in accordance with said plat.
The lands embraced in said plat shall forever be known as Lot
40, Charles Valley Phase II Subdivision, Little Rock, Arkansas,
and conveyance of said lands by lot umber shown on the plat
shall be considered a complete and proper description thereof.
There are strips of ground shown and dimensioned on the
plat marked "Easement" reserved for the use of public utilities
or for drainage purposes, subject at all times to the proper au-
thorities and to the easement herein reserved. Owners of Lot
40, Charles Valley Phase II Subdivision shall take their title
subject to the rights of public utilities and the public.
The purpose of this amended plat is to revise the building
setback line from 40' to 251. This revision is shown on the
amended plat filed with this Bill of Assurance.
This lot shall be sold by the Grantor and purchased by the
Buyers thereof subject to the following convenants:
1. Unpaved right-of-way behind the curb of the lot shall
be maintained by the owner of the lot.
2. No building or fence shall be erected or placed on the
lot or building sire nearer to the street than the building line
shown on the plat.
3. Side and rear yard set -backs shall conform to the
Little Rock Zoning Ordinance zoning classification then affect-
ing the subject lot.
4. Easements of way for streets as shown on the plat
filed herewith have heretofore been donated and dedicated to the
pubic, and persons, firms or corporations engaged in supplying
public utility services, the same being without limiting the
generality of the foregoing, electric, poser, gas, telephone,
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 facilities as are necessary to
supply such utility services. Easements for the installation,
maintenance, repair and replacement of utility facilities and
services, sewer and drainage have theretofore been reserved,
said easements being of various widths, reference being hereby
made to the plat file herewith for a more specific description
of the width and location thereof. No excavations within the
area of such easements for the erection of any fences (wood,
wire, stone, brick or any other material) or for any other pur-
poses shall be made which would interfere with the installation,
maintenance, repair and replacement of any utility facilities
and services. If necessary to reach a suitable point of deliv-
ery, each future owner of a lot or parcel of real estate in this
subdivision agrees to donate free of charge to the utility in-
volved an adequate easement additional to those easements here-
tofore dedicated and shown on the plat mentioned above.
5. For purposes of controlling the overall appearance of
development of Charles Valley, all improvement plans shall be
submitted to the Charles Valley Architectural Review Committee
for approval. The Architectural Review Committee shall be es-
tablished by Rector -Phillips -Morse, Inc., its successors or as-
signs and no improvements shall be installed without the written
consent of this committee.
6. These covenants and restrictions are to run with the
land and shall be binding on all parties claiming under them for
a period of thirty (30) years from the date of recording, after
which time said covenants and restrictions shall be auto-
matically extended for successive periods of twenty-five (25)
years, unless an instrument signed by 70% of the then owners of
lots Charles Valley Phase II Subdivision has been recorded
agreeing to change said covenants and restrictions in whole or
in part, and any change must be approved by the Little Rock
Planning Commission.
7. In the event of any attempt to violate any of the cov-
enants or restrictions herein, before the expiration date
thereof, it shall be lawful for any persons or person owning a
lot or lots in Charles Valley Subdivision to prosecute any pro-
ceedings at law or in equity against the persons or person
violating or attempting to violate any such covenant or restric-
tion, and either to prevent him or them from so doing or to re-
cover damages or other dues for such violation.
8. The invalidation of any one of these covenants and
restrictions shall in no way affect any of the other
provisions, which shall remain in full force and effect.
WITNESS OUR HANDS AND SEALS THIS q day of
1987.
Approved:
LITTLE ROCK PLANNING COMMISSION BIRCH -BROOK, INC., TRUSTEE
By: `�� .��-` By:
Date: / Date: ^ 2-7 7
ATTEST:
C
CITY OF LITTLE ROCK
NO. OFFICE OF COMPREHENSIVE PLANNING
FILING F E ES
Little Rock, Ark. 19
Rezoning Application
Board of Adjustment Application . . . . . . . . . $
Preliminary Plat . . . . . . . . . $
Final Plat
Street Name Signs: No. Signs At Ea. . . . $
TOTAL
By: � c� �� _ r -.
File No.: Addresse,
Applicant.' 14 .� e---;'5 �7- — / \