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December 11, 1990
White-Daters, Inc.
401 Victory Street
Little Rock,AR 72201
Re: Pine Hill Subdivision, Phase 1
Approval of Construction
Gentlemen:
This office has inspected and approved construction of
street and drainage facilities in Phase 1 of Pine Hill
Subdivsion. Included in this phase is:
(1) Pine Hill Court, Station 0+00 to Station 2+50.
(2) Walker Street Widening, Station 0+00 to
Station 3+30.
(3) West 26th Street Widening, Station 0+00 to
Station 5+30.
We have received from Peneprime of Arkansas, Inc., a
maintenance bond in the amount of Sixteen ThousaprL 14x
Hundred Eight and 25/100 Dollars ($16,608.25)9 dM` �
September 26, 19901 to run for one year. On aboM Supt'ewber
26, 1991, the project will be inspected for release of the
maintenance bond.
Ver' v yours,
Carroll F. Ball, P.E.
Desiqn Chief
cc: Peneprime of Arkansas, Inc.
Tad Borkowski�~�~��
File: S-2845, File 5005
NOVEMBE R 1.: � , 1990
MEMORANDUM
FRC-3111 v CARR>"]I._ L BALL.
Sl.JHJEC'Tn FINAL— SUBDIVISION PLATS
PINE. HILL HOMES: LOTS 1 _ 4 LOTS 1.9--22
CONSTRUCTION NOT YET APPROVED
SHOW DATE OF THE: PLAI..
DRAWING IS APPROVED, OTHERWISE.
SUMMIT RIDGE ADDITION-. LOTS 1 _.13 , BLK'. 1 , & LOTS 1. 19 , £ELK: 2
CONSTRUCTION IS NOT' YET APPROVED
OTHERWISE, DRAWING IS APPROVED
C/t'�N#LVALLEY ADDITION: LOTS 1-49, TRACTS A,B,C,D & F,
-3 , AND LOTS 1-13 , BL.00k:: 4
TRACTS A, IE", C, D, E, F,,. SHOW
DIMENSIONS OF THE TRACTS AND THEIR
POSITIONS WITI1IN THE STREET RIGHTS -
OF ---WAY. PROVIDE BY NOTE THAT TRACTS
MAY BE USED AS DRAINAGE: EASEMENTS
OR , SHOW DRAINAGE: EASEMENTS WHERE
WHERE DRAINAGE FACILITIES CROSS THE
EM WHITE-❑ATERS & ASSOCIATES, INC.
10 401 Victory Street
Little Rock, Arkansas 72201
1501 j 374-1666
j
Comprehensive Planning
City of Little Rock
City Hall
Little Rock, AR 72201
Gentlemen:
It is equ1ested i�at a ertifiicate of Final Plat Approval be issued
f o r - �f ILL �i�
located in
Section , T- - R- - Little Rock, Pulaski
County, Arkansas.
Please let us know if there is additional information required.
Sincerely,
WHITE-DATERS & ASSOCIATES, INC.
By:
Enclosures: .•
4
Ilekv
G67e� � �C7C 1
CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING
THAT WHEREAS, PHOENIX BUILDE S, INC. (hereinafter
calleCi "Allotter" ) i the owner of the -following property:
Block 15 and 16 Pine Hill Subdivision of Little rock,
Pulaski County, ArkanIas.
and now desires to plat said lards into lots;.
WHEREAS, it is deemed advisable that all of the above
described property shown on the plat hereinafter
mentioned, be now subdivided into building lots and
streets as shown on the attached plat filed herewith, and
that said property be held, owned and conveyed subject to
the protective covenants herein contained, in order to
enhance the value of said property.
NOW, THEREFORE,. the Alotter, 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
to be made a plat, filed herewith in Plat Book at
Page , showing a survey made by White-Daters,
Registered Engineer, dated and bearing a
Certificate of Approval, executed by the Planning
Administrator, Department of Comprehensive Planning of the
City of Little Rock, and showing the bounds and dimensions
of the property now being subdivided into lots and
streets.
Allotter hereby donates 'and dedicates to the public an
easements of way on, over and under the streets on said
plat to be used as public streets. There are shown on
said plat certain easements for drainage and utilities
which Allotter hereby donates and dedicates to and for the_,:.___
use by public utilities, the same being, without limiting
generality of the foregoing, electric power, gas,
telephone, water and sewer, with the right hereby granted
to the persons, firms or corporations engaged in the
supplying of such utilities to use and occupy such
easements, and to have free ingress and egress therefrom
for the installation, maintenance, repair and replacement
of such utility services.
Note: The designation on the plat shown as no vehicular
access easements means no driveways or use of any auto or
truck in this area except for utility vehicles for
temporary access as needed for maintenance. The
undisturbed natural buffer area shown on plat means no
disturbance of remaining trees or foliage.
The filing of this Bill of Assurance.and Plat for record
in the office of the Circuit Cleric and Ex-Officio Recorded
of Pulaski County shall be valid and complete delivery and
dedication of the street and easements subject to the
limitations herein set out.
The lands embraced in said plat shall be forever known as
"Lots 1 through 4 and lots 19 through 22, PINE HILL HOMES
ADDITION" and any and every deed of conveyance of any lot
in such addition describing the same by the number shown
on said plat shall always be deemed a sufficient
description thereof.
Said land herein platted and any interest herein shall be
held, owned and conveyed subject to and in conformity with
the following covenants:
1. Use of Land. The land herein platted shall be held,
owned and used only as residential building sites. No
structure shall be erected, altered, placed or permitted
to remain on any building site other than a single
detached single-family residence. Each residence erected
or maintained upon the land platted herein shall have a
one or more car garage or carport unless the requirement
for such attachment is waived in writing by the Allotter.
2. Architectural Control. No building shall be erected,
placed or altered on any property in this addition until
the building plans and specifications, exterior color
schemes 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 Allotter. In the event the
Allotter fails to approve or disapprove any plans,
specifications, exterior color scheme or plot plans within
thirty days after being.submitted-to -it, such plans,
specifications, exterior color schemes or plot plans shall
be deemed to fully meet the requirements of this covenant.
Nothing contained in this covenant nor any consent by the
Allotter ,shall in any way be deemed to prevent any owner
in this .addition from enforcing any legal rights which
such owner may have as to any improvement in thi-
addition.
3. Height and Type of Residence. No _e,_dence Oha_._ .-,e
er.-cted , altered, i:)I aced or permi-t';rrl to L. em::t? T': 'fin any _ �T..
in ;?-!is ai!(iiTait_._ ;_,,rter than rime ._ire-:tcr,
an'k,- Lu_1Qing _ mote: n._ :4..re.'_-I.han? T.C. e frCUn 1C'T liar
rl c.rer T,._ tr1F de ,_freer. li?le mans the minimum IJuI -La_, c
seT,back, line:, mown on the recorded plat. No buildl:li`
--hall be located nearer to an interior lom side lisle than
a distance of feve (5) feet. No principal dwelling shall
be located on any lot hearer than 25 feet to the rear lot.
line. For the purpose; of this covenant, eaves, steps
and porches not under roof shall not be considered as a
part of the building.
5. Minimum Square Feet Area. No residence shall be
constructed or permitted to remain on any building site in
this addition unless the finished heated living area,
exclusive of porches, patios, garages, breezeways,
exterior stairways, storage areas and out -buildings, shall
be a minimum of 900 square feet.
6. Height of Other Structures. No structure of any kind
including but not limited to any radio or television
antenna or tower, shall be built, or permitted to remain
upon the lot.
7. Frontage of Residence on Streets. Any residence
erected on any lot in this additional shall front or
present a good frontage on the streets designated in the
plat, and for this purpose as applied to all inside lots,
it shall mean that the residence shall front on the street
designed, and on any corner lot it shall mean that the
residence shall front or present a good frontage on both
of the streets designated in the plat.
8. Commercial Structures. No building or structure of
any type may ever be placed, erected or used for business,
professional, trade or commercial purposes on any portion
of any lot. This prohibition shall riot apply to any
business or structure that may be placed on any lot or
portion of a lot that is used exclusively by a public
utility company in connection with the furnishing of
public utility services to this addition.
9. Outbuildings Limitation. No outbuilding or other
detached structure appurtenant to the'resident may be
erected on any of the lots hereby restricted without the
consent in writing of the Allotter and the approval in
writing of the City of Little Rock.
10. Livestock and Poultry Prohibited. No animals,
livestock or poultry of any kind shall be raised, bred or
kept on any lot or part thereof, except that dogs, cats or
other household pets, which are not noisy or unruly to the
extent that such pet is an annoyance to neighbor, may be
kept provided they are not kept, bred or maintained for
commercial purposes.
ACT I'd=TV S L, I i De- _91'r mod C!I_ L1 -7,ii a --Iv T nc'r a I TI'_ ` n,
a�i?� O; C!t'tler refU:_e L!e ti12C!wTi, pla_e:f_i CI' r��lmpea up -or., any
vacan-r. lot, nor shall anything ever be. done which Play e
or become an annoyance or nuisance to the neighborhood.
12. Billboards Prohibited-;-- The canstruct�on or
maintenance of billboards or advertising boards or
structures on any lot is specifically prohibited, except
that billboards advertising the sale or rental of such
property are permitted, provided they do not exceed eight
square feet in size.
13. Oil and Mineral Operations. No oil drilling, oil
development operating, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any
building site, nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted upon or in any
building site. No derrick or other structure designed for
use in boring for oil or natural gas shall be erected,
maintained or permitted upon any building site.
14. Cesspool. No leeching cesspool shall ever be
constructed or used on any lot.
15. Existing Structure. No existing erected building or
structure of any sort may be moved onto or placed on any
of the above described lots.
16. Temporary Structure. No trailer, basement, tent,
shack, garage, barn or other outbuilding erected on the
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.
17. Easements for public utilities and drainage.
Easements for the installation, maintanence, repair and
replacement of utilitiy services,--s-ewer and drainage have
heretofore been donated and dedicated, 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. No trees, shrubbery,
incinerators, structure, buildings, fences or similar
improvements shall be grown, built or maintained within
the area of such utility and drainage easements. In the
event any of the above obstructions are maintained within
the area of such easement no person, firm or corporation
engaged in supplying public utility services shall 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.
- - V -
CO?lE'�3'il�i.e:., r2F_trC __._? _ T:=l:t,all C-�,`• '_" -.'':=
front lot line than the , building setback line app-I'LcaDle
and in effect as to each lot; pri-vi'ded, however that. it is
not the intention of this paragraph to exclude the use of
evergreen or other shrubbery to landscape the front yard.
19. Parking of vehicles. No automobile, truck, trailer,
camper or recreational vehicle shall be parked anywhere
other than the driveway areas.
20. Sight Line Restriction. No fence, wall, hedge or
shrub planting which obstruct a sight line at elevation
between one and six feet above the roadway shall be placed
or permitted to remain on any corner lot within the
triangular area formed by the street property line and a
line connecting them at points twenty -.five -feet from the
intersection of the street line, or in the case of a
rounded property corner from the intersection of the
street property lines extended. The same sight line
limitation shall apply on any lot within ten feet from the
intersection of a street property line with the edge of a
driveway or alley pavement. No tree shall be permitted to
remain within such distance of such intersection unless
the foliage lines are maintained at sufficient height to
prevent obstruction of such sight lines.
21. 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 filed herewith is
center line curve data. In the event of minor
discrepancies between the dimensions or distances as shown
on the attached plat, the dimensions and distances as
disclosed by the established pins, the pins as set shall
control.
22. Driveway Obstructions. No obstruction shall be
placed in the street 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.
13. Right to Enforce. The restrictions herein set forth
shall run with the land and shall bind the present owner,
its successors and assigns, and all parties claiming by,
through or under it shall be restricted, and with its
successors and assigns, and with each of them to conform
to and observe said restrictions as to the use of said
lots and the construction of impr-ovements. thereon, but no
restriction herein set forth shall be personally binding
upon any corporation, person or persons except in respect
to breaches committed during its, his or their seizing
title to said land, and Allotter, its successors and
assigns, and also the owner or owners of any of the lots
hereby restricted shall have the right to sue for and
obtain an injunction, prohibitive !r mandatory to prevent
the breach of or to enforce the observance of the
restrictions above set forth, in addition to ordinary
legal action for damages and failure of Owners, its
successor: or assigns, or any owner or owners of any lot
or lots in this addition or assigns, or any owner or
owners of any lot or lots in this addition to enforce any
of the restriction, herein 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.
24. Modification of Restrictions. Any and all of the
covenants, provisions or restrictions set forth in this
Bill of Assurance may be amended, modified, extended,
changed or cancelled, in whole or in part, by a written
instrument signed and acknowledged by the owner or owners
of more than 80% in area of the total land contained
within this addition and -all -additional property; which
Allotter has reserved the right to plat in the future as
part of Pine Hill Homes Addition, an Addition to the City
of Little Rock, by obtaining preliminary plat approval
from the City of Little Rock. The provisions of such
instrument so executed shall be binding from now after the
date it is duly filed for record in Pulaski County, AR.
Each covenant in this instrument, unless expressly
provided otherwise, shall remain in full force and effect
until January 1, 2010.
25. Extension. All covenants for which extension is not
otherwise provided in this instrument shall automatically
be extended for successive periods of ten years each
unless modified, terminated or cancelled as provided
herein.
26. Separability. Invalidation of any restriction set
forth herein or any part therof 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 affect.
27.Property Owners Association. The purchaser or owner of
any property in the Addition, by acceptance of title
agrees to become and shall be a member and have membership
in the Pine Hill Homes Addition Property Owner
Association, a nonprofit Corporation. The Articles of I
incorporation or Bylaws of said Association provide, or
will provide, that among other pt.rposes an i duties of said
Association, are the enforcement of all the restrict ions ,
covenants and conditions conta-ined_ in- this "Dill of
' ssurance and -,he maimenance-,
spaces through the Addition. Any purchaser or owner of
properties with said Addition agrees to pay the ;3.3id
Association annual dues or assessments for such purposes,
the amount of which shall. .be established -by the Board of
Directors of The Property Owners at least thirty (30) days
prior to the assessment date, provided such annual
assessment against any residentail lot shall be an equal -
amount per lot and further provided that any increase
above five percent over the previous year must be by the
vote of a majority of those present at a special or the
regular annual meeting of The Property Owners Association!
in assisting or resisting zoning applications and related
development activities in areas in the vicinty of Pine
Hill Homes Addition to the City -of Little Rock.
A lien shall exist and shall continue to exist on each lot
in the Addition for the amount of annual dues or
assessments so fixed until the same is fully paid. The
Association shall have the right, power and authority to
add a penalty not to exceed twenty percent for failure to
pay such annual dues or assessments and to enforce the
collection of all dues, assessments and penalties, if not,
paid within a time to be fixed by it, by proceedings in
the Chancery Court of Pulaski County, Arkansas, the same
as other liens are enforced on lands located in said
county and said lien shall cover and include such
penalties and all costs incurred in enforcing the same.
The Articles of Incorporation and Bylaws of said
Association provide that such purchaser or owner of a lot
in said Addition shall be entitled to one vote at all
elections and on all other matters that may come before a
meeting of the members, provided that if any member of
said Association shall be the purchaser or owner of more
than one lot in said Addition he shall be entitled to as
many votes as the number of lots-..purchasod or owned by
him. Allotter shall be entitled to and directed to accept
membership -in said Association and shall pay dues or
assessment's with respect to the unsold lots in said
Addition. Professional builders shall be exempt from
paying rues on lots until such time as a house is
completed and sold to the original homeowner.
EXECUTED .a+ tittle --,D:--;, Arkan;sa this ---- ` .=.iy "z
1990.
PHOENIX BUILDERS, INC.
LITT- E RO,"i�ti PLANNING
COIy1I���1 sI,')r] APPC:^iVEL,
f Z'tj Q
r
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day of , 1990, before me a notary
public, personally appeared. W.C. Coney, personally 'mown
to me to be the person whose name is subscribed in the
within instrument .-,nd acknowledged to me that they
executed the same for the purpose therein contained.
Notary Public
My comm4ssion expires.
ConeyBA