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HomeMy WebLinkAboutS-0462-D ApplicationMCGETRICK ENGINEERING Planning - Engineering - Land Development Consultants December 15, 1992 Mr. Richard Wood Office of Neighborhoods and Comprehensive Planning 723 West Markham Little Rock, Arkansas 72201 Re: Reservoir Road Townhouse Dear Richard: We have enclosed a copy of the preliminary Bill of Assurance for the Reservoir Townhouse Project. The Bill of Assurance ad- dresses the question of access and cross parking easements. We have also made the requested revisions on the site plan and plat. The easements requested by Southwestern Bell and Arkansas Power and Light will be addressed on the final plat. Once their lines have been built. PAGIS information will be shown on the final plat for the project with proper monumentation. If you have any questions, please feel free to contact us. Sincerely, MCGE CK ENGINEERING, INC. Chris McGetrick CM:cb Enclosure 1992 d 11225 Huron Lane, Suite 200 - Little Rock, Arkansas 72211 - (501) 223-9900 - FAX (501) 223-9293 PRELIMINARY PLAT AND BILL OF ASSURANCE OF RESERVOIR TOWNHOUSE ADDITION KELTON R. BROWN, JR. and VALERIE J. BROWN, his wife TO THE PUBLIC WHEREAS, Kelton R. Brown, Jr. and Valerie J. Brown, his wife, hereinafter called "Grantors", are the owners of the following described lands, to -wit: "Part of the SW 1/4, NW 1/4, NW 1/4, Section 35, T-2-N, R-13-W, Little Rock, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the NW corner of said SW 1/4, NW 1/4, NW 1/4, Section 35; thence N 000 00' 19" E 15.26 feet to the point of beginning; thence S 890 59, 41" E 195.74 feet; thence S 000 36' 15" E 279.91 feet; thence S 870 20, 30" W 85.49 feet; thence S 000 361 57" E 95.00 feet; thence S 890 30, 35" W 107.00 feet to a point on the Western R/W line of Reservoir Road; thence N 010 06' 12" W along said Western R/W line of Reservoir Road a distance of 379.85 feet to the point of beginning, containing 2.34 acres, more or less." And, WHEREAS, it is deemed desirable that all of the above - described property be subdivided into building lots, tracts and public access and utility easement areas, as shown on the attached plat, and said property be held, owned and conveyed subject to the protective covenants herein contained, Now, Therefore, WITNESSETH: Grantors do hereby certify that they have caused said tract of land to be surveyed by Robert C. Lowe, Professional Land Surveyor, 1 and have caused Patrick M. McGetrick, McGetrick Engineering, to prepare a plat thereof made, which is identified by the title, Reservoir Townhouse Addition to the City of Little Rock in Pulaski County, Arkansas, and dated the 9th day of November, 1992, and said plat bears the signature of said land surveyor and registered engineer and the Grantors, and bears a certificate of approval executed by the Little Rock Planning Commission and is a record in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat Book , and the Grantors do hereby make and declare this Bill of Assurance to the public. The Grantors do hereby certify that such land is laid off, platted and subdivided and does hereby lay off, plat and subdivide said real estate as Reservoir Townhouse Addition to the City of Little Rock, Pulaski County, Arkansas, and each and every deed of conveyance for any lot or tract in said Addition describing the same by number or numbers as shown on said plat, shall always be deemed a sufficient description thereof. The Grantors hereby dedicates to the public forever the 5 foot utility easements on the outer perimeter as shown upon the plat, and the Public Service Access and Utility Easement reflected thereon. The Grantors hereby donate and dedicate such utility easements to and for the use of the 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 to use and occupy such easements and to have free A4 ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. The filing of this Plat and Bill of Assurance of record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of the easements shown on said plat and the public service easement in said Reservoir Townhouse Addition. Said land herein platted and any interest therein shall be held, or conveyed, subject to and in conformity with the following covenants which, subject to being amended or canceled as hereinafter provided, shall be and remain in full force and effect until January 1, 2018. That the use of the Public Service Access and Utility Easement access shall be for public utility easements in the area not designated as parking lots and dividers thereof, but in the unmarked area, and the parking shall be dedicated upon the site plan therefor dated October 8, 1992, which site plan is incorporated by reference and is deposited in the archives of the City of Little Rock, Building Permits Division. 1. LAND USE AND BUILDING TYPE. Said land herein platted as lots shall be held, owned and used only for residential building sites. No structure shall be erected, altered, or placed or permitted to remain on said residential building sites other than multi -family residential structures not to exceed 18 units per gross acre and structures that are permitted in R-1, R-2, R-3, R-4, KW-6, MF-12, 2-family residential areas, and other out buildings clearly incidental and related to the residential use of the 3 premises. No such building site shall be used for commercial purposes. Such restrictions shall not prohibit the temporary maintenance of a model home for promotional purposes and sales offices by the Grantors or other professional builder. 2. ARCHITECTURAL CONTROL. No structure shall be erected, placed or altered on any property in Reservoir Townhouse Addition until the building plans, specifications and plot plans showing the location and facing of such building with respect to existing topography, adjoining streets and finished ground elevations have been submitted to and approved in writing by the Grantors. In event the Grantors shall fail to approve, or disapprove, or request additional information regarding the plans, specifications or plot plans submitted to it as herein required within thirty (30) 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 Grantor shall in any way be deemed to prevent any of the owners of property in Reservoir Townhouse Addition, from maintaining any legal action relating to improvements within the Reservoir Townhouse Addition, which would otherwise be entitled to maintain. There shall be no compensation to Grantors for the services to be performed pursuant to this provision. 3. LOT AREA AND WIDTH. No multi -family residence shall be erected, altered or permitted to remain on any lot platted as Reservoir Townhouse Addition, if the area of the lot is less than 5,500 square feet, or if the width of the multi -family residence in 4 such planned unit development area is less than 46 feet. No lot shall be subdivided without written consent of the Grantors and of the Little Rock Planning Commission first had and obtained. 4. MINIMUM PRINCIPAL DWELLING SIZE. No multi -family residence shall be erected, altered or permitted to remain on any lot platted as Reservoir Townhouse Addition, unless the lower floor area thereof, exclusive of porches, patios, carports, garages and breezeways, shall be at least 850 square feet. The term "lower floor," as used in this paragraph, shall include living, dining and sleeping areas, which areas may also be on different levels. No building, fence or walls shall be constructed on Lots 1 through 5, nearer to the street than the 25 foot building line shown on said plat. Additionally, no building or permanent wall shall be constructed over the 5 foot easement or utility easement shown on the outer perimeters of all lots, as shown on said plat. 5. TEMPORARY STRUCTURES. No trailer, tent, shack, garage, garage apartment, hutment, barn, or other structure of a temporary character, or out building of any kind on said lands shall at any time be used or occupied as a residence, temporarily or permanently. 6. SIGNS. Except for the subdivision identification signs, no billboard, poster, or sign shall be placed or permitted to remain on any part of said property; provided, however, one sign per lot not exceeding five (5) square feet in area may be displayed advertising the property for sale, or rent, and signs used by the Grantors or a builder may be displayed to advertise the property 5 during the construction and sales. 7. SITE ❑ISTANCE AT PUBLIC SERVICE ACCESS AREAS. No fence, wall, hedge or shrub planting which obstructs site lines at elevations between two (2) and six (6) feet above the ground surface shall be placed or permitted to remain on Lots 1,2,4 or 5, within the triangular area formed by the street property lines and a line connecting them at points fifty (50) feet from the intersection of the street lines, or from the intersection of the street property line as extended. No trees shall be permitted to remain within the 50 foot triangular area, unless the foliage line is maintained at sufficient height to prevent obstruction of such site lines. 8. FENCES WALLS HEDGES ETC. No fence, wall, hedge or mass planting shall be permitted to extend beyond the minimum front building setback line on Lots 1 through 5. The design, construc- tion and material of any fence or wall must be submitted for consideration by the Grantors in the same manner as provided in Paragraph 2 hereinabove for architectural control. 9. PUBLIC UTILITIES. All dwellings and other structures erected upon any lot as a residential dwelling shall be served by all public utilities, including public sewer. 10. EASEMENTS. No building, trees, fences, incinerators, paved driveways, or any other permanent structure or improvement of any kind, whether specifically enumerated or not, shall be built or maintained within the 5 foot area of the 5 foot easements located on the outer perimeter of each lot, and no alteration, including grading, filling, excavation, or other site work may be done within the area of such easements which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage of channels, or which may obstruct or retard the flow of water through drainage channels; and, in the event of any such obstruction is placed hereon in violation of this restriction or reservation, no public authority will be liable for the destruction of same in maintaining or repairing its lines located within the area of said 5 foot easement. The 5 foot easements, with any drainage channels imposed, shall be mowed and generally maintained by the owner of the individual lot over which the easement or drainage channel is platted, except that any improvements installed in those easements for which a public authority or utility is responsible, shall not be molested. Nothing shall be built in the Public Service Access and Utility Easement, except landscaping, markings, and dividers, and a parking area for the owners of the individual units of the multi- family or other structure erected on said lots. The specifics of parking are more fully set forth in Paragraph 12, infra. 11. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised or kept, except that dogs, cats or fully domesticated pets may be kept, provided they are not kept or maintained for any commercial purposes or constitute nuisances. 12. PARKING AREA. Each dwelling in the planned unit development shall have two (2) parking spaces for each unit and 7 there shall be two additional handicapped parking spaces located on Lots 2, 6, 7 and 9 and two designated and developed ingress and egress ramps to the sidewalk from these handicapped parking spaces shall not be blocked, modified or otherwise made unusable. The designated handicapped parking areas shall not be used by any person, owner, guest of owner, or member of the public except the person authorized and having on their vehicle a designated handicapped parking permit. Each individual multi -family unit shall be assigned one space by number shown upon the curb line of the parking area nearest its unit for the use by said unit owner. The remaining space for use by said unit owner will be among the unnumbered and undesignated parking spaces located on any of the lots in Reservoir Townhouse Addition. The designated handicapped parking and designated unit parking space, together with the remaining marked but common usage parking spaces are reflected upon the final site plan for said subdivision on file with the Building Permits Section of the City of Little Rock, and is incorporated herein by reference. Any change in the one parking space initially designated for an individual multi -family unit owner, shall not be changed except by the unanimous consent of all of the owners of Lots 1 through 9, or by resolution of the Little Rock Planning Commission. No concrete, asphalt or other obstruction shall be placed obstructing any landscape drainage way or other drainage channel, in the parking area. Curbs for the parking area may be broken and Ec: lowered to meet the gutter flow line or not more than two (2) inches above said flow line. 13. PROPERTY LINES AND BOUNDARIES. Iron pins have or will be set on all lot corners, as shown on the attached plat. In the event there are minor discrepancies between the dimensions or distances as shown on the attached plat, any actual dimensions or distances as disclosed by the established pins, the original pins as set shall control. 14. SATELLITE RECEIVER DISH. No satellite receiver dish ("dish") shall be erected, placed or maintained in the parking area, the Public Service Access and Utility Easement area, or in the area designated for the front building setback on Lots 1, 2 and 3. No dish shall be mounted on any building that exceeds an overall height of ten (10) feet. One dish will be permitted on any one lot and such dish shall be neutral in color, having no advertising on any surface, and shall be screened from adjoining properties by an opaque wall. These restrictions shall be cumulative and in addition to any municipal or governmental restrictions and requirements. 15. BOATS AND VEHICLES OTHER THAN AUTOMOBILES. No motor boat, houseboat, canoe, sailboat, or other similar water -borne vehicle, no camper, trailer or recreational vehicle, operative or inoperative, shall be maintained or permitted to remain in the Public Service Access and Utility Easement area, which is not marked for parking spaces and any such apparatus shall be located, if at all, in the space within the marked lines of the parking area for use by its owner. No inoperative or disassembled motor boat, houseboat, canoe, sailboat, similar water -borne vehicle, camper, trailer or recreational vehicle, or automobile, or other type of vehicle, shall be maintained, abandoned, stored or permitted to remain in the Reservoir Townhouse Addition. 16. MAINTENANCE AND REPAIR OF PUBLIC SERVICE ACCESS AREA. After Grantors' original improvements to the Public Service Access and Utility Easement area, particularly the parking area and the landscaped area thereof, it shall be responsibility, enforceable by any other property owner within the addition, to maintain and keep in good repair the improvements, parking area, curbs, shrubs, etc., contained on the lot owned by such person. Nothing herein shall prohibit the owners of each and other lots from joining with each and every other owner in the employment of a keeper for said areas. 17. ENFORCEMENT. In the event of any attempt to violate any of the covenants and restrictions herein contained before the expirational due date hereof, it shall be lawful for any person or persons owning a lot or lots in Reservoir Townhouse Addition to prosecute any proceedings at law or in equity against the person or persons violating or attempt to violate such covenant or restriction, and either to prevent him or them from doing so or to recover damages in any court of law for such violation. The right of enforcement extends into any additional phase of Reservoir Townhouse Addition, which may be hereafter platted by said Grantors; and, the rights of owners in such additional phase shall include the right of enforcement of the covenants and/or 10 restrictions contained in this Bill of Assurance. 18. AMENDMENT. These covenants and restrictions may be canceled or amended, except for the designated parking for handicapped persons and each numbered parking space per occupant of the planned unit development structure, as set out above, if an instrument signed by the owners of at least seventy percent (70%) of said area covered by this plat is placed of record agreeing to change the covenants and restrictions in whole or in part, and the provisions of this instrument so executed shall be binding from the date it is duly filed of record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas; provided that if the Grantors own any property within the area covered by this plat, the Grantors' approval to cancel or amend these covenants and restrictions must be first obtained. And, the approval of the Little Rock Planning Commission must be obtained and so noted prior to the filling of such amendment. Notwithstanding any other provisions herein, Grantors shall have the independent right to amend these covenants and restrictions at any time during the development and construction of improvements on the property covered by this Plat and Bill of Assurance, while Grantors continue to own any property covered by this Plat and Bill of Assurance. Grantors shall have the right to amend these covenants and restrictions; provided, however, that any such amendment by the Grantors shall require the prior approval of the Little Rock Planning Commission before they become effective. Any such instrument shall be effective and binding when it is filed for 11 record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas. The right to so amend, modify, extend, change and/or cancel as aforesaid shall exist at all times prior to January 1, 2018, and shall also exist at all times during each and every successive period for which these covenants, restrictions, requirements, and provisions of the Bill of Assurance are extended. On January 1, 2018, this Bill of Assurance shall automatically extended for a period of ten (10) years, unless and except if there be filed by the majority owners of the lots within this addition, an objection to such extension; and, in such event, such filing shall terminate the automatic 10-year extension of the covenants and restrictions in this Bill of Assurance. 19. SEVERABILITY. The invalidation of any one of these covenants or restrictions by judgment of a court of competent jurisdiction shall in no effect any of the other provisions which shall remain in full force and effect. The considerations set forth in items 1 through 19 are hereby approved by the City of Little Rock Planning Commission. Any additional requirements, restrictions or statements are entered without review or action by the Planning Commission and shall not be considered a part of the Little Rock Planning Commission's requirements for plat approval. IN WITNESS WHEREOF, the said Grantors have caused these presents to be executed this KELTON R. BROWN, JR. 12 day of December, 1992. VALERIE J. BROWN, his wife ACKNOWLEDGMENT STATE OF ARKANSAS ) )Ss COUNTY OF PULASKI ) Appeared before the undersigned Notary Public, duly commissioned, qualified and acting within the County and State aforesaid, Kelton R. Brown, Jr., and Valerie J. Brown, his wife, to me well known and satisfactorily proven to be those persons signing the foregoing instrument, and acknowledge that they had signed the instrument for the purposes and considerations therein contained and set forth. IN WITNESS WHEREOF, I set my hand and official seal this day of December, 1992. My Commission Expires: This Instrument Prepared by: Charles A. Brown, P.A. Attorney at Law 124 West Capitol, Ste. 1970 Little Rock, AR 72201-3739 (501) 374-7582 13 NOTARY PUBLIC PRELIMINARY PLAT AND BILL OF ASSURANCE OF RESERVOIR TOWNHOUSE ADDITION KELTON R. BROWN, JR. and VALERIE J. BROWN, his wife TO THE PUBLIC WHEREAS, Kelton R. Brown, Jr. and Valerie J. Brown, his wife, hereinafter called "Grantors", are the owners of the following described lands, to -wit: "Part of the SW 1/4, NW 1/4, NW 1/4, Section 35, T-2-N, R-13-W, Little Rock, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the NW corner of said SW 1/4, NW 1/4, NW 1/4, Section 35; thence N 000 00, 19" E 15.26 feet to the point of beginning; thence S 891 59, 41" E 195.74 feet; thence S 000 36, 15" E 279.91 feet; thence S 870 201 30" W 85.49 feet; thence S 000 361 57" E 95.00 feet; thence S 890 30, 35" W 107.00 feet to a point on the Western R/W line of Reservoir Road; thence N 010 06, 12" W along said Western R/W line of Reservoir Road a distance of 379.85 feet to the point of beginning, containing 2.34 acres, more or less." And, WHEREAS, it is deemed desirable that all of the above - described property be subdivided into building lots, tracts and public access and utility easement areas, as shown on the attached plat, and said property be held, owned and conveyed subject to the protective covenants herein contained, Now, Therefore, WITNESSETH: Grantors do hereby certify that they have caused said tract of land to be surveyed by Robert C. Lowe, Professional Land Surveyor, 1 and have caused Patrick M. McGetrick, McGetrick Engineering, to prepare a plat thereof made, which is identified by the title, Reservoir Townhouse Addition to the City of Little Rock in Pulaski County, Arkansas, and dated the 9th day of November, 1992, and said plat bears the signature of said land surveyor and registered engineer and the Grantors, and bears a certificate of approval executed by the Little Rock Planning Commission and is a record in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat Book , and the Grantors do hereby make and declare this Bill of Assurance to the public. The Grantors do hereby certify that such land is laid off, platted and subdivided and does hereby lay off, plat and subdivide said real estate as Reservoir Townhouse Addition to the City of Little Rock, Pulaski County, Arkansas, and each and every deed of conveyance for any lot or tract in said Addition describing the same by number or numbers as shown on said plat, shall always be deemed a sufficient description thereof. The Grantors hereby dedicates to the public forever the 5 foot utility easements on the outer perimeter as shown upon the plat, and the Public Service Access and Utility Easement reflected thereon. The Grantors hereby donate and dedicate such utility easements to and for the use of the 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 to use and occupy such easements and to have free 2 ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. The filing of this Plat and Bill of Assurance of record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of the easements shown on said plat and the public service easement in said Reservoir Townhouse Addition. Said land herein platted and any interest therein shall be held, or conveyed, subject to and in conformity with the following covenants which, subject to being amended or canceled as hereinafter provided, shall be and remain in full force and effect until January 1, 2018. That the use of the Public Service Access and Utility Easement access shall be for public utility easements in the area not designated as parking lots and dividers thereof, but in the unmarked area, and the parking shall be dedicated upon the site plan therefor dated October 8, 1992, which site plan is incorporated by reference and is deposited in the archives of the City of Little Rock, Building Permits Division. 1. LAND USE AND BUILDING TYPE. Said land herein platted as lots shall be held, owned and used only for residential building sites. No structure shall be erected, altered, or placed or permitted to remain on said residential building sites other than multi -family residential structures not to exceed 18 units per gross acre and structures that are permitted in R-1, R-2, R-3, R-4, MF-6, MF-12, 2-family residential areas, and other out buildings clearly incidental and related to the residential use of the 3 premises. No such building site shall be used for commercial purposes. Such restrictions shall not prohibit the temporary maintenance of a model home for promotional purposes and sales offices by the Grantors or other professional builder. 2. ARCHITECTURAL CONTROL. No structure shall be erected, placed or altered on any property in Reservoir Townhouse Addition until the building plans, specifications and plot plans showing the location and facing of such building with respect to existing topography, adjoining streets and finished ground elevations have been submitted to and approved in writing by the Grantors. In event the Grantors shall fail to approve, or disapprove, or request additional information regarding the plans, specifications or plot plans submitted to it as herein required within thirty (30) 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 Grantor shall in any way be deemed to prevent any of the owners of property in Reservoir Townhouse Addition, from maintaining any legal action relating to improvements within the Reservoir Townhouse Addition, which would otherwise be entitled to maintain. There shall be no compensation to Grantors for the services to be performed pursuant to this provision. 3. LOT AREA AND WIDTH. No multi -family residence shall be erected, altered or permitted to remain on any lot platted as Reservoir Townhouse Addition, if the area of the lot is less than 5,500 square feet, or if the width of the multi -family residence in 4 such planned unit development area is less than 46 feet. No lot shall be subdivided without written consent of the Grantors and of the Little Rock Planning Commission first had and obtained. 4. MINIMUM PRINCIPAL DWELLING SIZE. No multi -family residence shall be erected, altered or permitted to remain on any lot platted as Reservoir Townhouse Addition, unless the lower floor area thereof, exclusive of porches, patios, carports, garages and breezeways, shall be at least 850 square feet. The term "lower floor," as used in this paragraph, shall include living, dining and sleeping areas, which areas may also be on different levels. No building, fence or walls shall be constructed on Lots 1 through 5, nearer to the street than the 25 foot building line shown on said plat. Additionally, no building or permanent wall shall be constructed over the 5 foot easement or utility easement shown on the outer perimeters of all lots, as shown on said plat. 5. TEMPORARY STRUCTURES. No trailer, tent, shack, garage, garage apartment, hutment, barn, or other structure of a temporary character, or out building of any kind on said lands shall at any time be used or occupied as a residence, temporarily or permanently. 6. SIGNS. Except for the subdivision identification signs, no billboard, poster, or sign shall be placed or permitted to remain on any part of said property; provided, however, one sign per lot not exceeding five (5) square feet in area may be displayed advertising the property for sale, or rent, and signs used by the Grantors or a builder may be displayed to advertise the property 5 during the construction and sales. 7. SITE DISTANCE AT PUBLIC SERVICE ACCESS AREAS. No fence, wall, hedge or shrub planting which obstructs site lines at elevations between two (2) and six (6) f eet above the ground surface shall be placed or permitted to remain on Lots 1,2,4 or 5, within the triangular area formed by the street property lines and a line connecting them at points fifty (50) feet from the intersection of the street lines, or from the intersection of the street property line as extended. No trees shall be permitted to remain within the 50 foot triangular area, unless the foliage line is maintained at sufficient height to prevent obstruction of such site lines. 8. FENCES WALLS HEDGES ETC. No fence, wall, hedge or mass planting shall be permitted to extend beyond the minimum front building setback line on Lots 1 through 5. The design, construc- tion and material of any fence or wall must be submitted for consideration by the Grantors in the same manner as provided in Paragraph 2 hereinabove for architectural control. 9. PUBLIC UTILITIES. All dwellings and other structures erected upon any lot as a residential dwelling shall be served by all public utilities, including public sewer. 10. EASEMENTS. No building, trees, fences, incinerators, paved driveways, or any other permanent structure or improvement of any kind, whether specifically enumerated or not, shall be built or maintained within the 5 foot area of the 5 foot easements located on the outer perimeter of each lot, and no alteration, including A grading, filling, excavation, or other site work may be done within the area of such easements which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage of channels, or which may obstruct or retard the flow of water through drainage channels; and, in the event of any such obstruction is placed hereon in violation of this restriction or reservation, no public authority will be liable for the destruction of same in maintaining or repairing its lines located within the area of said 5 foot easement. The 5 foot easements, with any drainage channels imposed, shall be mowed and generally maintained by the owner of the individual lot over which the easement or drainage channel is platted, except that any improvements installed in those easements for which a public authority or utility is responsible, shall not be molested. Nothing shall be built in the Public Service Access and Utility Easement, except landscaping, markings, and dividers, and a parking area for the owners of the individual units of the multi- family or other structure erected on said lots. The specifics of parking are more fully set forth in Paragraph 12, infra. 11. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised or kept, except that dogs, cats or fully domesticated pets may be kept, provided they are not kept or maintained for any commercial purposes or constitute nuisances. 12. PARKING AREA. Each dwelling in the planned unit development shall have two (2) parking spaces for each unit and 7 there shall be two additional handicapped parking spaces located on Lots 2, 6, 7 and 9 and two designated and developed ingress and egress ramps to the sidewalk from these handicapped parking spaces shall not be blocked, modified or otherwise made unusable. The designated handicapped parking areas shall not be used by any person, owner, guest of owner, or member of the public except the person authorized and having on their vehicle a designated handicapped parking permit. Each individual multi -family unit shall be assigned one space by number shown upon the curb line of the parking area nearest its unit for the use by said unit owner. The remaining space for use by said unit owner will be among the unnumbered and undesignated parking spaces located on any of the lots in Reservoir Townhouse Addition. The designated handicapped parking and designated unit parking space, together with the remaining marked but common usage parking spaces are reflected upon the final site plan for said subdivision on file with the Building Permits Section of the City of Little Rock, and is incorporated herein by reference. Any change in the one parking space initially designated for an individual multi -family unit owner, shall not be changed except by the unanimous consent of all of the owners of Lots 1 through 9, or by resolution of the Little Rock Planning Commission. No concrete, asphalt or other obstruction shall be placed obstructing any landscape drainage way or other drainage channel, in the parking area. Curbs for the parking area may be broken and 0 lowered to meet the gutter flow line or not more than two (2) inches above said flow line. 13. PROPERTY LINES AND BOUNDARIES. Iron pins have or will be set on all lot corners, as shown on the attached plat. In the event there are minor discrepancies between the dimensions or distances as shown on the attached plat, any actual dimensions or distances as disclosed by the established pins, the original pins as set shall control. 14. SATELLITE RECEIVER DISH. No satellite receiver dish ("dish") shall be erected, placed or maintained in the parking area, the Public Service Access and Utility Easement area, or in the area designated for the front building setback on Lots 1, 2 and 3. No dish shall be mounted on any building that exceeds an overall height of ten (10) feet. One dish will be permitted on any one lot and such dish shall be neutral in color, having no advertising on any surface, and shall be screened from adjoining properties by an opaque wall. These restrictions shall be cumulative and in addition to any municipal or governmental restrictions and requirements. 15. BOATS AND VEHICLES ❑THER THAN AUTOMOBILES. No motor boat, houseboat, canoe, sailboat, or other similar water -borne vehicle, no camper, trailer or recreational vehicle, operative or inoperative, shall be maintained or permitted to remain in the Public Service Access and Utility Easement area, which is not marked for parking spaces and any such apparatus shall be located, if at all, in the space within the marked lines of the parking area 0 for use by its owner. No inoperative or disassembled motor boat, houseboat, canoe, sailboat, similar water -borne vehicle, camper, trailer or recreational vehicle, or automobile, or other type of vehicle, shall be maintained, abandoned, stored or permitted to remain in the Reservoir Townhouse Addition. 16. MAINTENANCE AND REPAIR ❑F PUBLIC SERVICE ACCESS AREA. After Grantors' original improvements to the Public Service Access and Utility Easement area, particularly the parking area and the landscaped area thereof, it shall be responsibility, enforceable by any other property owner within the addition, to maintain and keep in good repair the improvements, parking area, curbs, shrubs, etc., contained on the lot owned by such person. Nothing herein shall prohibit the owners of each and other lots from joining with each and every other owner in the employment of a keeper for said areas. 17. ENFORCEMENT. In the event of any attempt to violate any of the covenants and restrictions herein contained before the expirational due date hereof, it shall be lawful for any person or persons owning a lot or lots in Reservoir Townhouse Addition to prosecute any proceedings at law or in equity against the person or persons violating or attempt to violate such covenant or restriction, and either to prevent him or them from doing so or to recover damages in any court of law for such violation. The right of enforcement extends into any additional phase of Reservoir Townhouse Addition, which may be hereafter platted by said Grantors; and, the rights of owners in such additional phase shall include the right of enforcement of the covenants and/or 10 restrictions contained in this Bill of Assurance. 18. AMENDMENT. These covenants and restrictions may be canceled or amended, except for the designated parking for handicapped persons and each numbered parking space per occupant of the planned unit development structure, as set out above, if an instrument signed by the owners of at least seventy percent (70%) of said area covered by this plat is placed of record agreeing to change the covenants and restrictions in whole or in part, and the provisions of this instrument so executed shall be binding from the date it is duly filed of record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas; provided that if the Grantors own any property within the area covered by this plat, the Grantors' approval to cancel or amend these covenants and restrictions must be first obtained. And, the approval of the Little Rock Planning Commission must be obtained and so noted prior to the filling of such amendment. Notwithstanding any other provisions herein, Grantors shall have the independent right to amend these covenants and restrictions at any time during the development and construction of improvements on the property covered by this Plat and Bill of Assurance, while Grantors continue to own any property covered by this Plat and Bill of Assurance. Grantors shall have the right to amend these covenants and restrictions; provided, however, that any such amendment by the Grantors shall require the prior approval of the Little Rock Planning Commission before they become effective. Any such instrument shall be effective and binding when it is filed for 11 record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas. The right to so amend, modify, extend, change and/or cancel as aforesaid shall exist at all times prior to January 1, 2018, and shall also exist at all times during each and every successive period for which these covenants, restrictions, requirements, and provisions of the Bill of Assurance are extended. On January 1, 2018, this Bill of Assurance shall automatically extended for a period of ten (10) years, unless and except if there be filed by the majority owners of the lots within this addition, an objection to such extension; and, in such event, such filing shall terminate the automatic 10-year extension of the covenants and restrictions in this Bill of Assurance. 19. SEVERABILITY. The invalidation of any one of these covenants or restrictions by judgment of a court of competent jurisdiction shall in no effect any of the other provisions which shall remain in full force and effect. The considerations set forth in items 1 through 19 are hereby approved by the City of Little Rock Planning Commission. Any additional requirements, restrictions or statements are entered without review or action by the Planning Commission and shall not be considered a part of the Little Rock Planning Commission's requirements for plat approval. IN WITNESS WHEREOF, the said Grantors have caused these presents to be executed this day of December, 1992. KELTON R. BROWN, JR. 12 VALERIE J. BROWN, his wife ACKNOWLEDGMENT STATE OF ARKANSAS ) )ss COUNTY OF PULASKI ) Appeared before the undersigned Notary Public, duly commissioned, qualified and acting within the County and State aforesaid, Kelton R. Brown, Jr. , and Valerie J. Brown, his wife, to me well known and satisfactorily proven to be those persons signing the foregoing instrument, and acknowledge that they had signed the instrument for the purposes and considerations therein contained and set forth. IN WITNESS WHEREOF, I set my hand and official seal this day of December, 1992. My Commission Expires: This Instrument Prepared by: Charles A. Brown, P.A. Attorney at Law 124 West Capitol, Ste. 1970 Little Rock, AR 72201-3739 (501) 374-7582 13 NOTARY PUBLIC City of Little Rock Department of Neighborhoods and Planning Planning Zoning and 723 West Markham Subdivision Little Rock, Arkansas 72201-1334 (501) 371-4790 December 21, 1992 Kelton Brown, Jr. 4600 Westchester Drive Little Rock, AR 72212 RE: RESERVOIR TOWNHOUSES PLANNED UNIT DEVELOPMENT AND PLAT Dear Mr. Brown: The purpose of this communication is follow-up the Planning Commission action on December 15, 1992. The Commission at its meeting placed your request for Planned Unit Development on the Consent Agenda. The Consent Agenda was approved by a unanimous vote offering approval of both the PUD and replat element. The staff of this office will prepare the appropriate supporting materials for the City Clerk in order to place this item on the Board of Director's agenda for a hearing on January 19, 1993. Because of the holidays, this is the earliest time we feel that we can accomplish the Board's review of your plan and plat. There are a few minor details to be accomplished; however, I believe your engineer, Mr. McGetrick, has covered this base adequately. It will be necessary for you to be prepared to submit the revised and completed site plans after the Board's action in order to document the file for final review. If you require additional information on this application, do not hesitate to contact my office. Sincerely, Richard Wood, Manager Zoning and Subdivision Division RW:aa CC: File No. S-462` Z-2203-A Pat McGetrick 13 City of Little Rock Department of Neighborhoods and Planning 723 West Markham Little Rock. Arkansas 72201-1334 (501) 371-4790 Date //-It- 9z Arkansas Power & Light Company Arkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department RE: TO WHOM IT MAY CONCERN: Planning Zoning and Subdivision Name: v,,�, Geu.►m4&U.4x,, M File No.: Z-2z o 3 A Location:�o,;ta- Type of Issue: a l�r�rh-w�► d�✓ _ On 19 qZ , the Little Rock Planning Commission will consider the above referenced subject. A copy of the Issue is enclosed for your consideration, and your comments and /or recommendations will be greatly appreciated. Sincerely, Department of Neighborhoods and Planning Contact Perso 6-67D- (Please respond below, and return this letter for our records). Approved as subrutted Easement required (see attached plat or description Comments: Enclosure cc: Engineering Division City of Little Rock Department of Neighborhoods and Planning 723 West Markham Little Rock. Arkansas 72201.1334 (501) 371-4790 Date //- //- 17Z nsas Power & Light Company Arkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department RE: TO WHOM IT MAY CONCERN: Planning Zoning and Subdivision Name: awe- Iowa ovsr-S IUD File No.: 5- 4-,-'t2e Location: I vi o pia Type of Issue: On �c� 15 , 19 Z , the Little Rock Planning Commission will consider the above referenced subject. A copy of the Issue is enclosed for your consideration, and ;your comments and /or recommendations will be greatly appreciated. Sincerely, 4 C-rL Department of Neighborhoods and Planning Contact Personie-VV (Please respond, and return this letter for our records). ��I� 3Iy� Approved as submitted Easement required (see attached plat or description Comments: 13y:. � P� Enclosure cc: Engineering Division f City of Little Rock Department of Neighborhoods and Planning 723 West Markham Little Rock, Arkansas 72201-1334 (501) 371-4790 Date_ / /- // - 1cZ Planning Zoning and Subdivision Name: au o wa ovse-f I� D File No.: _ 5- 4.6 2 - D. Location: 1 qco Type of Issue: Arkansas Power & Light Company A.rkamsas Louisiana Gas Company --..Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department RE: &t- �u) M ��i°•ce. e&;�L TO WI3OM IT MAY CONCERN: On 0-ec- 15 .19 q Z , the Little Rock Planning Commission will consider the above referenced subject. A copy of the Issue is enclosed for your consideration, and ;your comments and /or reconl-nendations will be greatly appreciated. Sincerely, 4 n�-- Department of Neighborhoods and Planning Contact Person: (Please respond --low, and return this letter for our records). Approved as submitted Easement required (see attached plat or description Comments: Enclosure V cc: Enzineering Division City of Little Rock Department of Neighborhoods and Planning 723 West Markham Little Rock, Arkansas 72201-1334 (501) 371-4790 Date //- //- iZ Arkansas Power & Light Company Arkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department Planning Zoning and Subdivision Name: o►u. f ova ovs� !gyp File No.: _- 4G 2 - D Location: l You A"&w Type of Issue: RE: �%uvlle,� �.uwl (&-,� TO WHOM IT MAY CONCERN: On _ L)-cc.. 15 , 19 g Z , the Little Rock Planning Commission will consider the above referenced subject. A copy of the Issue is enclosed for your consideration, and your comments and /or recommendations will be greatly appreciated. Sincerely, 4 4— Department of Neighborhoods and Planning Contact Person: (Please respond Blow, and return this letter for our records). Approved as submitted r- Easement required (see attached plat or description Comments: By: awe �*�`'� -�PIL Enclosure cc: Engineering Division SUBDIVISION DATE ITEM NO. FILE NO. NAME: It G-'S� •L ll' D//p rawi1Ifdlv.Se- LapalydA011yls/a'v LOCATION: 1p,=Sr2ygAo- /Q9,4-,c9 DEVELOPER NAME: i�eL7'o�V �3•POwN 4 < STREET ADDRESS CITY/STATE/ZIP G/rnE Sul- ,he, TELEPHONE NO. ENGINEER AREA 2-34/4C. NUMBER OF LOTS '?' FT. NEW STREET ZONING -�Ps. PROPOSED USES /ifk4-r/ j!/ Af/Ly PL-ANNING DISTRICT CENSUS TRACT 2Z 105 VARIANCES REQUESTED 1.) /vo NE 2.) 3.) 4.) -4 5 F7, OFP/ Cd770N of R. O. UJ Preliminary Plat TRS 2N,13W.35 Reservoir Townhouse PD S-462-D CT lie Nurr