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CITY OF LITTLE ROCK, ARKANSAS
DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING
FILING FEES
-7/- - 19
NO.
DATE
Annexation. . . . . . . . . . . . . . . . . $
Board of Adjustment Application. . . . . . . $
Conditional Use Permit . . . . . . . . . . . $
Final Plat . . . . . . . . . . . . $—
%
t-Planned Unit Development
Preliminary Plat . . .
Rezoning Application
U
Site Plan (Multiple Buiing/2nin
Special Use Permit . . . . . .
Street, Alley, of Easement Closure
Street Name Change . . . . . . . . . . . . . $
Street Name Signs: # Signs at ea. . $
TOTAL
File No.: Address:
U
Applicant: By:
JULY 23, 1993
RE: RESERVOIR TOWNHOUSE ADDITION, LOTS 3, 4, 5, ,6 ,7 & 8
FINAL PLAT REVIEW
THE PLAT IS APPROVED. ENGINEERING HAS APPROVED AN ESTIMATE
OF $18,000 FOR ASSURANCE OF CONSTRUCTION OF THE STREET
BILL OF ASSURANCE
OF -
RESERVOIR TOWNHOUSE ADDITION
LOTS 3 through 8
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:
- .IN � ;-1•
PART E PA
OF THE SW
1MORRTICULWR1 /4, SECTION
35. AS —2—N, FOLLOWS:
LITTLE ROCK, PULASKI COUNTY.
AS, BEING
COMMENCING AT THE NW CORNER OF SAID SW 1/4, NW 1/4, NW 1/4, SECTION 35; THENCE
S 86'42'45" E 20.24' TO THE POINT OF BEGINNING; THENCE S 86'42'45" E 190.76';
THENCE S 02'22 00" W 213.73% THENCE N 87'38'00" W 94.59% THENCE.
S 01'52'02" W 5.95; THENCE N 88'07'58 W 94.25' TO A POINT ON THE EASTERN Rlw
LINE OF RESERVOIR ROAD; THENCE N O1'S2'02" E ALONG SAID EASTERN R/W LINE OF RESERVOIR
ROAD A DISTANCE OF 223.58' TO THE POINT OF BEGINNING, CONTAINING .95 ACRES. MORE DR LESS.
NOTE: BEARING DATUM WAS TAKEN FROM PAGIS MONUMENT 02045.
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 25 day of June 1993, 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 Lots 3through8Reservoir 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 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
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ingress and egress therefrom for the installation, maintenance,
repair and replacement of such utility services.
The filing of this Plat and Bill off 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 pu'., service easement in
said Reservoir Townhouse Addition Lots through 8 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.
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,
MS-6, MF-12, 2-family residential areas, and other out buildings
clearly incidental and related to the residential use of the
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
3
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
Lots 3-8 - 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 Lots 3 through8from maintaining
any legal action relating to improvements within the Reservoir
Townhouse Addition Lots 3=throu(:hM 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 Lots 3 tizrough8 if the area of the lot
is less than 5,500 square 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
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lot platted as Reservoir Townhouse Addition Lots 3 -through8 unless
the lower floor area thereof, exclusive of porches, patios, carports,
garages and breezeways, shall be at least 500 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 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
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) feet above the ground
surface shall be placed or permitted to remain on Lots 1 or 2,
within the triangular area formed by the street property lines and
5
a line connecting them at points fifty (SO) 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 SO 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 or 2. The design, construction
and material of any fence or wall must be submitted for consider—
ation 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 easements located on the outer perimeter
of each lot, and no alteration, including grading, filling, exca—
vation, 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
6
area of said easement.
The easements, with any drainage channels imposed, shall be
moved 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 one and a half parking spaces for each unit
and there shall be three additional handicapped parking spaces
located within the project 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
. 7
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 refer-
ence. 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 written approval of the Property Owners
Association referred to in Paragraph 16, infra, 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.
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 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, in
the area designated for the front building setback or on any lot.
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,
i-f 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, abondoned, stored or permitted to
remain in the Reservoir Townhouse Addition.
16. PROPERTY OWNERS ASSOCIATION AND PARKING LOT MAINTENANCE
ASSESSMENTS AND LIEN. A. For the purpose of maintaining the whole
Public Service Access and Utility Easement portions of each Lot in
Reservoir Townhouse Addition to the City of Little Rock, Pulaski
County, Arkansas, except as provided in sub -paragraph "C", infra,
each and every lot owner, in accepting a conveyance of any lot in
this Addition, agrees to and shall become a member of and be
subject to the obligations and duly enacted By -Laws, Rules and
Regulations of the Reservoir Townhouse Addition Property Owners'
Association.
B. That at the termination of the period of time prescribed
in sub -paragraph "C", infra, the members of the Reservoir Townhouse
Addition Property Owners' Association shall, on the loth of the
first full month after such termination date, hold the
Organizational Meeting. At such meeting By -Laws shall be enacted,
officers shall be elected, and rules and regulations may be adopted,
9
and thereafter the President (or Chairperson) and the
Secretary -Treasurer shall manage the affairs of the said property
owners association on an annual basis, or until their successors
are elected. Each year on the anniversary date of the organiza-
tional meeting, the annual meeting shall be held, at which the
financial report of the association shall be presented for
membership approval, by the Secretary -Treasurer; and at such annual
meeting the By -Laws, Rules and Regulations may be changed, without
prior notice, by majority vote of the members.
C. HOWEVER, for so long as either of the herein named
Grantors hold title to one or more lots in this"'addition, having
not theretofore conveyed said lot(s), Grantors shall constitute the
governing body of the Property Owners Association with full powers
conferred herein thereon, except that the Grantors for the first
full year after the filing of this document, shall not have the
power to declare an assessment for the purpose of repairing,
changing, or maintaining the Public Service Access and Utility
Easement area, the landscaping therein, the parking lot and spaces
thereof, or providing garbage facilities and service, or providing
street lights and energy therefor. Grantors acknowledge that the
improvements, parking areas, curbs and gutters, and markings
therefor, shall be maintained and warranted against negligent
installation of materials and labor, for 1 year after the filing
of this instrument.
D. That subsequent to the period prescribed in "C", supra,
all owners of property in the Addition shall pay the required dues
to the Reservoir Townhouse Addition Property Owners' Association,
10
promptly when the same shall become due, and in the event of
failure to pay the same promptly when the same became due, such
dues shall constitute a lien upon the property owned by such owner
in the Addition, and the same may be enforced in equity as in the
case of any lien foreclosure authorized in the State of Arkansas.
All delinquent assessments shall bear interest at the rate of
10% per annum from the due date until paid, and the association
shall be entitled to a reasonable fee for its attorneys when their
services become necessary to collect any delinquent assessments,
all of which shall tea a part of the lien for dues.
E. The liens herein retained for membership dues, or special
assessments, of the said association are hereby made expressly
inferior and subordinate to valid and bona fide mortgages and deeds
of trust, or retained vendor's liens, securing obligations of the
owners of any of the lots in the addition up to the time of sale
at foreclosure of said instrument for a period of six (6) months
thereafter or until the residence upon such lot is occupied,
whichever date shall first occur, after which time monthly
membership dues levied against the property shall thereafter accrue
as lien upon such lot in the identical form and manner as prior to
the foreclosure sale of' the property involved. This subordination
shall be construed to apply not only to the original, but to all
successive mortgages, deeds of trust, and vendors' liens given by
property owners to secure obligations, together with all extensions
and renewals thereof. The amount of the lien will depend upon the
period of delinquency, save the exceptions above -mentioned, as
shown upon the books and records of the Secretary -Treasurer of the
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Association.
17. MAINTENANCE AND REPAIR OF PUBLIC SERVICE ACCESS AREA.
After the expiration of the 1 year warranty period for 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 of the Reservior Town-
house Addition Property Owners' Association, 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.
18. 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
restrictions contained in this Bill of Assurance.
19. 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
12
of the planned unit development structure, as set out above, if an
instrument signed by the owners of at least fifty percent (50%)
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 con—
tinue 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
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,
13
requirements, and provisions of the Bill of Assurance are extended.
On January 1, 2018, this Bill of Assurance shall automatically
be 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.
20. 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 July 1993.
1TV'ro R.'BROtV, JR. VALERIE B OWN, his wife
STATE OF ARKANSAS )
)ss
COUNTY OF PULASKI )
ACKNOWLEDGMENT
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LITTLE ROCK PJ-JT JJ2, PIPPO
CO2adISSIGN APPROVED
� 2 fy3
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 consid-
erations therein contained and set forth.
,.[IN WITNESS WHEREOF, I set my hand and official seal this
LFN day of July 1993.
90TA PUBLICMy Commission Expires:
15
PULASK! BANK
AND TRUST COMIPANY
July 23, 1993
Irrevocable Letter of Credit No. 390
The City of Little Rock
Office of the City Manager
500 West Markham, Third Floor
Little Rock, Ar. 72201
Dear Sirs:
We hereby open our irrevocable letter of credit in your
favor available by your drafts at sight on us for a sum not
exceeding $18,000.00 from the account of Ridgelea
Development Corporation ("Developer"), to be accepted by
your signed statement that drawing is due to default or
failure to perform by Developer with respect to the
following improvements on or before July 23, 1994 in the
Reservoir Townhouse Addition subdivision, a subdivision of
the City of Little Rock, Arkansas. The improvements to be
completed on this date are listed on Attached Exhibit A
hereto and are incorporated by reference herein.
Acting through the City Attorney, you will notify us
that:
1. The improvements have been timely completed and
the warranty period has terminated and the credit may be
released, or
2. The Developer has failed to perform or is in
default thereunder. Any such notice must be by affidavit
signed by the City Attorney or the City Attorney's designee.
The City need only present a sworn document that the
Developer is in default and, under the terms of this Letter
of Credit, need not prove the default, or provide signed
statements from any other part.
All drafts hereunder must be by sight draft marked:
"Drawn under Pulaski Bank and Trust Company Letter of Credit
No. 390, dated July 23, 1993." The original of the credit
must be presented along with any such draft.
The amount of any draft drawn under this credit must,
concurrently with negotiation, be endorsed on the reverse
side thereof by the City Attorney, the presentment of any
such draft will be a warranty by the negotiating bank that
such endorsement was endorsed and that documents have been
forwarded as herein required.
P O BOX 7299
PIERCE AT " R" ST.
LITTLE ROCK, ARKANSAS 72207
501 661.7700
Except so far as otherwise expressly stated herein,_
this credit is subject to the Uniform Customs and Practices
for Commercial Documentary Credits fixed by the 13th
Congress of the International Chamber of Commerce.
We hereby agree with the drawers, endorsers and bona
fide holders of drafts under and in compliance with the
terms of this credit that the same will be duly honored and
payment made no later than three days after due presentment
of the credit and delivery of documents as specified if
negotiated on or before July 23, 1994 as the same may be
extended from time to time.
PULASKI BANK & TRUST COMPANY
By: 29!t
Robert C. Magee
President and
Chief Executive Officer
By: Z-A,S-
Debbie Seifert
Assistant Secretary