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HomeMy WebLinkAboutS-0311-A ApplicationCity of Little Rock 001 Planning and Development + 01 `0 Filing Fees Date: n 20 OZ.0 � * � Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at ea. Public Hearing Signs Number at ea. Total $ CITE' � ! ! . . s�w • . BUILDING b6 File No. P� Location Applicant V.,,k, Lr-A, �t,... By L& This instrument prepared by: HAL JOSEPH KEMP, P.A. Kemp, Duckett, Curry & Arnold Attorneys at Law I I I Center Street, Suite 1300 Little Rock, Arkansas 72201 Phone - (501) 372-7243 2002153858 06/28/2092 12:0@:@6 pM Filed & Recorded in Official Records of CAROLYN STALEY PIUSKI COUNTY CIRCUITICOUNTY CLERK DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Kempner House, LLC, an Arkansas limited liability company, hereinafter referred to as the "Allottor", is the owner of the following described land in the County of Pulaski, State of Arkansas, to -wit: Lots 5 and 6, Block 150, Original City of Little Rock, Pulaski County, Arkansas. AND WHEREAS, it is desirable that all of the above described property be platted into lots. NOW THEREFORE, WITNESSETH: That the said Allottor, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused said tract of land hereinabove 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 ice f the Circuit Clerk and. Ex-Offlcio Recorder of Pulaski County, Arkansas, in Plat and the Allottor does hereby make this Declaration of Restrictive Covenants nd iIl of Assurance. IN FURTHERANCE THEREOF, Allottor warrants and reprft `eft bi'fi>a� laid off, replatted and subdivided, and does hereby lay off, replat and�yt� herein described, in accordance with the aforesaid plat. The lands elf n. �r shall be forever known as: Irj k\rea I tylkempnerba. doc06/ 12/02 rre� �� �� Declaration of Restrictive Covenants and Bill of Assurance Lots 5R and 6R, Block 150, Original City of Little Rock, Pulaski County, Arkansas; and any and every deed of conveyance of any lot in said Subdivision describing the same by the lot and block number shown on said Plat shall always be deemed a sufficient description thereof. There are strips of ground shown and dimensioned on said Plat marked "Utility Easement" and "Drainage Easement", which Allottor hereby donates and 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. 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 lot in said Subdivision shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon all owners and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable, uniform and suitable as residential property, to -wit: ARTICLE I LAND USE, BUILDING TYPE AND HEIGHT The real property herein platted shall be held, owned and used only in conformity with the land use planning and zoning ordinances applicable to said real property. ARTICLE II EASEMENTS 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 -2- hjk\reaI ty\kempnerba.doc06/ 12/02 Declaration of Restrictive Covenants and Bill of Assurance description of width and location thereof. 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 III UTILITIES The owner of any lot platted hereby shall install and maintain in conformity with applicable code requirements and other regulations, utility services, including electrical, natural gas, water, cable and telephone service between the point of delivery of such utility service as located by the utility company and the point of use of such owner. No individual water supply system or individual sewerage disposal system shall be permitted to be constructed or operated on any of the lots platted hereby. ARTICLE IV NUISANCES No noxious or offensive activity or commercial business activity shall be carried on upon any lot platted hereby, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the owners of lots platted hereby. No commercial vehicles or inoperative vehicles may be stored or parked on a lot platted hereby other than for making routine deliveries. ARTICLE V LIVESTOCK AND POULTRY No animals, livestock, or poultry of any kind shall be raised or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. ARTICLE VI EXTERIOR MAINTENANCE AND LANDSCAPING All buildings, structures and improvements constructed, erected and reerected on any lot platted hereby and all yards and landscaping thereon shall be maintained in a good state of repair, neat and attractive manner by the Owner thereof. The Owner's maintenance obligations shall include, but not be limited to, prompt removal of all litter, trash, refuse and waste, lawn mowing, tree and shrub pruning, watering, keeping exterior -3- hjk\real ty\kempnerba.doc06/ t 2/02 Declaration of Restrictive Covenants and Bill of Assurance lighting and mechanical facilities in working order, keeping lawn and landscaped areas alive and free of weeds and attractive, keeping parking areas and driveways in good repair, complying with all applicable governmental rules and regulations, repainting, and repairing exterior damages. ARTICLE VII 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 chord distances, and all curve data as shown on the attached plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. ARTICLE VIII RIGHT TO ENFORCE The restrictions, covenants and provisions herein set forth shall run with the lots platted hereby and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of the lots platted hereby. Allottor and any owner of a lot platted hereby shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of, the restrictions above set forth, in addition to any ordinary legal action for damages. The failure of Allottor or any lot owner to enforce any of the restrictions hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter. ARTICLE IX MODIFICATION OF RESTRICTIONS Notwithstanding any provision, restriction or covenant herein contained to the contrary, so long as Allottor is the owner of any Lot platted hereby, then any and all of the covenants, provisions and restrictions set forth herein may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged solely by the Allottor. Even after the Allottor is no longer the owner of the lot platted hereby, no amendment, modification, extension, change or cancellation of the provisions hereof shall be or become effective and enforceable without the prior written approval and consent of the Allottor, such approval to be in the sole discretion of the Allottor. The provisions of any such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each covenant, -4- hj k\realty\kempnerba.doc06/ 12/02 City of LitHe Rock Civil Engineering Division Department of 701 West Markham r Public Works Little Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 w/p CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN BE ISSUED Q X r'4 f Iv1* C ,' 4X /✓moo Lo -1 s� C SIGNED BY ENGINEER SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR N DXF. DISKETTE PLAT r� DXF DISKETTE STORM DRAIN��. REMARKS Doc# 2002153858 Declaration of Restrictive Covenants and Bill of Assurance ACKNOWLEDGEMENT STATE OF ARKANSAS ) A 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 Dennis Cooper, being the person or persons authorized by said corporation to execute such instrument, stating his capacity to be that of the manager of Kempner House, LLC, an Arkansas limited liability company, to me personally well known, who stated that he as such manager of Kempner House, LLC executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 17 -day of `Suter 2002. Ir' } �NpTAN), otary Public rq ION EXPIRES: hjkVea1ryVicempnerba.doc06/ 12/02 Doc# 2002153858 Declaration of Restrictive Covenants and Bill of Assurance restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2022. ARTICLE X EXTENSION All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each, unless modified, terminated or canceled as provided herein. ARTICLE XI SEPARABILITY Invalidation of any restriction set forth herein, or any part thereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. EXECUTED this Rovielxed only iar ircicsion ci minimumlations. U? iQ Reck re,quired Gy lh:+ City af r .:. •_"'� �:.'� .rvvia �e`ela�r may L ca, nd =a�irn Little Ra k su4 ivisi �-U�dL � C�:nmissica City of uttlee Roc,c Fl ^ mg � day of a)10— Ke ner cruse, I mi lia ilii`ty�. �.co 2002. an Arkansas TITLE: Manager/Member -5- hjk\realty\kempnerba.d(>c06/ 12/02