Loading...
HomeMy WebLinkAboutS-0477-B Applicationx a s+ � J 6J Wr, X �/] N N � N V CD m W c �.y i�l m i�l � N � M 10 Z C N Lf) � O -1 0 11 PLAT AND BILL OF ASSURANCE H. ELVIN SHUFFIELD, JR. TO THE PUBLIC WHEREAS, H. Elvin Shuffield, Jr., is the owner of the following described land lying in the County of Pulaski, State of Arkansas, to -wit: LOTS "1" AND "2" , SHUFFIELD ADDITION TO THE CITY OF LITTLE ROCK ARKANSAS. Being a replat of Lots "III' and "1211, Block "18", in Pulaski Heights Addition to the City of Little Rock, Arkansas including the West half of a twenty foot platted alley adjacent to the East line of said lots, said alley having been closed by City Resolution No. 1927 dated May 26, 1952; and including the East half of Ash Street right of way platted sixty feet wide adjacent to the West line of Lots "11" and "12" said street having been closed by City Ordinance No. 13745 closed November 6, 1979 all in the City of Little Rock, Ark. AND, it is deemed desirable that the above described property be now subdivided into building lots and streets as shown on the attached plat, and that said property be held, owned and conveyed subject to the protective covenants herein contained. NOW, THEREFORE, the Allotter, for and in consideration of the benefits to accrue to it, which benefits it acknowledges to be of value, has caused to be made a plat, hereto attached, showing survey made March 9, 1984, signed by Finley Williams, a Registered Professional Engineer, and bearing a certificate of approval executed by the Little Rock Planning Commission, and showing the bounds and dimensions of the property now being subdivided into lots and streets; and said Allotter hereby donates and dedicates to the lot owners fee title to the streets as shown on said plat to be used as private streets. In addition to the said streets, there are shown on said plat certain easements for drainage -2- and utilities which Allotter hereby donates and dedicates to and for the use of public utilities, the same being, without limiting the 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 utility services, and to the extent set forth herein only, to the owners of abutting lots, 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. Said utility easements shall also be subject to use by the owners of abutting lots for the sole purpose of installing and maintaining such electric and telephone service conductors as may be necessary to connect the service lines of owners to the service pedestals installed by the said utilities. The filing of this Plat and Bill of Assurance for record in the office of the Circuit Clerk & Ex-Officio Recorder of Pulaski County, Arkansas, will be a valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The lands embraced in said Plat shall be forever known as "Shuffield Addition to the City of Little Rock, Arkansas", and any and every deed of conveyance for any lot in said Addition describing the same by the number or numbers shown on said Plat shall always be deemed a sufficient description thereof. Said land herein platted and any interest therein shall be held, owned, and conveyed subject to and in conformity with the following covenants which, subject to being amended or cancelled as hereinafter provided, with the exception of paragraphs 6 and 7 which shall be perpetual, shall be and remain in full force and effect until January 1, 2024, to -wit; -3- 1. LAND USE AND BUILDING TYPE. Said land herein platted shall be held, owned and used only as residential building sites except as otherwise shown on said plat. No structures shall be erected, altered, placed or permitted to remain on any residential building site other than a single detached single-family dwelling, a private garage for storage of passenger cars owned or used by residents (storage of trucks being prohibited), guesthouse, servants' quarters, and other out buildings incidental and related to residential use of the premises. 2. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any property in this Addition until the building plans, specifica- tions, exterior color scheme 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, specifica- tions, exterior color scheme, or plot plan submitted to him as herein required within thirty days after such submission, this covenant shall be deemed to have been fully met by the person submitting such plans for approval. Nothing herein contained nor the required consent of the Allotter shall in any way be deemed to prevent any of the owners of property in this Addition from maintaining any legal action relating to improvements within this Addition which they would otherwise be entitled to maintain. There shall be no compensation to the Allotter for the services to be performed pursuant to this provision. 3. MINIMUM PRINCIPAL DWELLING SIZE. The square foot area of the residential portion of each principal structure shall be not less than 1600 square feet, and the entire structure shall not have less than 2000 square ft. under roof. The minimum square foot area under roof requirements shall be computed in a horizontal plane from outside of eave to outside of eave, not including a hanging gutter_, The minimum square foot area requirements shall be computed in a horizontal plane to the outside top plate line of the principal residential structure. 4. BUILDING LOCATION. No building shall be located on any building site nearer to the front lot line or nearer to the side street line than the minimum building set -back lines shown on the recorded plat. No buildings shall be located nearer than a distance equal to ten percent of the width of the lot at the front building line or eight feet, whichever is greater, to an interior lot line. No principal dwelling shall be located on any interior lot nearer than 14 feet to the rear lot line. For the purpose of this para- graph, eaves, steps, balconies and open porches shall be considered as a part of the building but open terraces or patios without roofs shall not be considered. 5. LOT AREA AND WIDTH. No lot shall be subdivided without written consent of the Allotter and the Little. Rock Planning Commission first had and obtained, and in any event no dwelling shall be erected or placed on any building site having a width of less than 60 feet at the minimum building set -back line, nor shall any dwelling be erected or placed on any lot having an area of less than 7,000 square feet. 6. EASEMENTS. Easements of way for streets as shown on the plat filed herewith have heretofore been donated and dedicated to the persons, firms or corporations engaged in supplying public utility services,' the same.being, without limiting the generality of the foregoing, electric -S- power, 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 utility services. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been reserved, said easements being of various widths, references being hereby made to the Plat filed here- with for a more specific description of width and location thereof. No trees, incinerators, structures, buildings or similar improvements shall be grown, 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 trees, incin- erators, 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. 7. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall.anything be done thereof which may be or may become an annoyance or nuisance to the neighborhood. No trucks, commercial vehicles or inoperative vehicles may be stored on the premises or parked on the premises other than for making routine deliveries. 8. TEMPORARY STRUCTURES. No trailer, basement, tent, shack, garage, barn or other outbuilding, other than guesthouse and servants' quarters, -6- 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. 9. SIGNS. No sign of any kind shall be displayed to the public view on any building site, except one sign of nor more than five square feet advertising the property for sale or rent. 10. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, 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. 11. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised or kept on any building -site, except that dogs, cats or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. 12. FENCES. The design, construction and materials of any fence or wall must be approved by the Allotter, as provided in paragraph 2 above. 13. ACCESS. No obstruction shall be placed in the street gutter; curbs shall be broken &t driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 14. 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 center MFZ line 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. 15. ENFORCEMENT. In the event of any violation or attempt to violate any of the covenants or restrictions herein before the expiration date hereof (whether the original expiration date or the expiration date of any extension thereof), it shall be lawful for any person or persons owning any lots in this Addition, or any utility company owning utility facilities in any utility or street easement, to prosecute any proceedings at law or in equity against a person or persons violating or attempting to violate such covenants or restrictions, either to prevent him or them from so doing or to recover damages for such violations. 16. AMENDMENTS. Any and all. 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 over 50 percent in the area covered by and including the land covered by this Bill of Assurance. The covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect unless and until amended or cancelled as authorized hereinbefore. Provided, however, no amendment to this Bill -of Assurance which closed, alters,re- locates or in any manner affects any easement shall be effective unless such amendment has been executed by each utility having facilities situated in this Addition. -8- 20. 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. IN WITNESS WHEREOF, the Allotter has hereunto affixed his signature and caused these presents to be executed on the day of c i 1984. H. Elvin Shuffield Ui Attest;,.-`' ti LITTLE ROCK PLANNING COAMM ION APPROVED STATE OF ARKANSAS ) ss COUNTY OF PULASKI ) ACKNOWLEDGEMENT BE IT REMEMBERED, That on this day before me, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named H. Elvin Shuffield, Jr., who stated that he was duly authorized to execute the foregoing instrument, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the considerations, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF I have hereunto set my hand and official seal this day of Y , 1984. (SEAL) Notary is My commission expires: