HomeMy WebLinkAboutS-0657 ApplicationCity of Little Rock
Office of City Hall
Comprehensive Markham at Broadway
Little Rock, Arkansas 72201
371-4790 Name:
File No.
A Location:
PR 21 1986 IType of Issue Q
ArkanLas Power & Light Company
Arkansas Louisiana Gas Company
:%Southwestern Bell Telephone Company
Little Rock Municipal Water Works
Little Rock Wastewater Utility System
County Planning
Little
�j Rock Fire Department
Re: /VG6 Ux- ';'
Gentlemen:
On , 19, the Little Rock Planning
Commissiofi 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.
Sincer ly,
Office of Comprehensive Planning
(Please respond below, and return this letter for our
records.)
Approved as submitted
Easements required (see attached plat or
description below)
Comments:
By•
Enclosure
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Manes, Castin, Massie & McGetrick
Planning/Engineering/Land Development Consultants
April 14, 1986
Ms. Bernadette Bettard
City of Little Rock
Office of Comprehensive Planning
City Hall
Little Rock, Arkansas 72201
Re: Huntington Subdivision
Dear Bernadette:
We are herewith submitting the above -referenced project for review
and approval by the Planning Commission. We are asking for
preliminary plat approval on Huntington Subdivision. This
subdivision will contain approximately 24 lots and 1,900 feet of
new street construction. It is our understanding that these are
minor residential streets and, therefore, will not require any
sidewalks. We have attached 15 copies of the preliminary plat and
two copies of the preliminary Bill of Assurance. If you have any
questions or comments concerning any of the above, please call me.
Sincerely,
MANES, CASTIN, MASSIE & MCGETRICK, INC.
A�
4z�
Patrick M. McGetrick, P.E.
PMM:ac
Enclosures
2501 Willow St. a PO Box 1035 a North Little Rock, AR 72115 9 501/758-1360
City of Little Rock
Office of
Comprehensive
Planning
Ek,
City Hall *I tzlel
Markham at Broadway
Little Rock, Arkansas 72201
371-4790
ame : 5?-�
ile No. I0 57
ocation:
ype of Issue QA,,
►jArkansas Power & Light Company
Arkansas Louisiana Gas Company
Southwestern Bell Telephone Company
Little Rock Municipal Water Works
Little Rock Wastewater Utility System
County Planning
Little
jj Rock Fire Department
Re:
Gentlemen:
On % 3 19, the Little Rock Planning
Commissiofi 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.
Si`'n/!/��cer ly,
wt'��
Office of Comprehensive Planning
(Please respond below, and return this letter for our
records.)
Approved as submitted
Easements required (see attached plat or
description below)
I
Comments:-- _ f- ,ftcA 1 T
[a
By: n- w 6 12 J Z- ijrk 14- T
Enclosure (714
cc: Engineering Division
City of Little Rock
Office of
Comprehensive
Planning
City Hall
Markham at Broadway
Little Rock, Arkansas 72201
371-4790
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
Gentlemen:
ame : l7
ile No. (0 5'7
ocation:
ype _of Issue QA-.,
On 3 , 19-00 r the Little Rock Planning
Commissiofi 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.
Office of Comprehensive Planning
(Please respond below, and return
records.)
U� Approved `7a/s�submitted
this letter for our
Easements required (see attached plat or
description below)
Comments:
By
Enclosure
cc: EngineerinJZ'Division
PRELIMINARY BILL OF ASSURANCE
HUNTINGTON SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS,----------------------11 an Arkansas joint
venture, hereinafter called "Allotter", is the owner of said lands
lying in the County of Pulaski,
follows:
State of Arkansas, described as
Lands -'lying -=in =part of -,the vW4 cif -the NE a of Section 19, T-2-N,
R-13-W, Pulaski County, Arkansas, lying South of Arkansas State
Highway #10 and more particularly described as follows:
Commencing at the SE corner of the NW4 of the NE4 of
said Section 19 for the point of beginning; thence
along the South line of the said NW4 of the NE 4
N89003133" W 584.491; thence leaving the said South
line N 00028128" E 1100.54' to the South right-of-way
line of Arkansas State Highway 10; thence along the
said South right-of-way line on the following bearings
and distances; N 73*34109" E 36.19'; thence N 71°32'26"
E 262.95'; thence N 59011130" E 88.76'; thence
N73041103" E 232.90' to the East line of the said
NW4 of the NE4; thence along the said East line
S 00022127" West 1314.51' to the point of beginning
containing 16.189 acres more or less.
And, it is deemed desirable that the above described
property be now subdivided into building lots and streets, as
shown on the plat filed herewith as more particularly designated
hereinafter, and that said property be held, owned and conveyed
subject to the protective covenants herein contained, in order to
enhance the value of said proporty.
NOW, THEREFORE, for and in consideration of the benefits to
accrue to , an Arkansas Joint Venture, its
successors and assigns, which benefits it acknowledges to be of
value, has caused to be made a plat filed herewith showing surveys
made by Robert C. Lowe, Registered Surveyor, and executed by him
, 1986, executed by it , 1986,
and bearing a certificate of approval executed by the Little Rock
Planning Commission, said plat showing the bounds and dimensions
of the property now being subdivided into lots and streets,
described by lots and streets as shown thereon.
Allotter hereby donates and dedicates to the public as
easement of way on and over such of the real property owned by it
designated as streets on said plat to be used by the public as
public streets. In addition to the said 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, telelphone, 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.
All street signs shall be of wood construction. Street signs
and unpaved islands shall be maintained by Allotter or the
Huntington Property Owners Association, in perpetuity.
The filing of this Bill of Assurance and Plat for record in
the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski
2
County shall 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
Huntington Subdivision being a subdivision in the Section 19,
Township 2 North, Range 13 West Pulaski County, Arkansas, and any
and every deed of conveyance of any lot in said subdivision
describing the same by the number or numbers shown on said plat
shall always be deemed a sufficient description thereof.
Said lands 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, shall be and remain in full force and
effect until July 1, 2,000, to -wit:
DEFINITION ❑F TERMS USED
For the purpose of these restrictions, the word "street"
shall mean any street, terrace, drive, circle or boulevard.
The word "lot" shall mean lot as platted, but excluding the
tracts designated as Reserved. A "corner lot" shall be deemed to
be any lot as platted having more than one street contiguous to
it.
RESTRICTIONS
1. Use of Land. None of the lots defined as "Low density
residential" may be improved, used or occupied for other than
private residence purposes, and no duplex, flat, apartment or
3
condominium, although intended for residence purposes, may be
erected or maintained thereon.
The tracts of land designated on the plat of Huntington`
subdivision as Reserved shall be used in accordance with
regulations of the City of Little Rock and Pulaski County,
Arkansas.
2. Architectural Committee. No building shall be erected,
placed or altered on any lot or tract designated as Reserved in
this subdivision until the building plans and specifications
therefor, exterior color scheme, and materials thereof, and plot
plan, which plot plans show the location and facing of such
building, have been approved in writing by a majority of an
architectural committee composed of
and , or their duly authorized
representatives, representative or successors. In the event of
the death or resignation of any member of members of the
above -named committee, the remaining member or members shall have
full authority to approve or disapprove such plans,
specifications, color scheme, materials and plot plan, or to
designate a representative or representatives with like authority
to fill any vacancy or vacancies created by the death or
resignation of any of the aforesaid members, and said newly
appointed members or member, shall have the same authority
hereunder as their predecessors as above set forth. In the event
the architectural committee fails to approve or disapprove any
such plans, specifications, color scheme, materials and plot
plans submitted to it as herein required within thirty (30) days
after such submission or in the event no suit to enjoin the
4
erection of such building or the making of such alterations has
been commenced prior to the completion thereof, such approval
shall not be required and this covenant shall be deemed to have
been fully complied with. The architectural committee shall not
be liable for any approval given hereunder and any approval given
shall not be considered as a waiver of any requirement of or
restriction in this Bill of Assurance. Nothing herein contained
shall in any way be deemed to prevent any of the owners of
property in this subdivision from maintaining any legal action
relating to the improvements within this subdivision which they
would otherwise be entitled to maintain. The powers and duties of
such committee or its designated representatives shall cease on or
after July, 2000. Thereafter, the approval described in this
covenant shall not be required unless prior to said date and
effective thereon, a written instrument shall be executed by the
then record owners of a majority of the lots in this subdivision
and duly recorded, appointing a representative or representatives
who shall thereafter exercise the same powers as previously
exercised by said committee for such period as may be specified in
such instrument.
3. Height and Type ❑f Residence. No residence shall be
erected, altered, placed or permitted to remain on any lot other
than one detached single-family residence not to exceed two and
one-half stories in height or a split-level residence and a
private garage or carport for not less than two (2) cars.
4. Subdivision of Lots. No lot shall be re -subdivided into
a smaller lot, provided however, lots may be split to increase
the size of adjacent lots.
5
5. Set -Sack Recruirements. No residence shall be located
on any lot 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 building shall be located nearer to an interior
lot line than a distance of 10% of the average width of the lot
or 10 feet, whichever is less, except that a permitted accessory
building located 35 feet or more from the minimum building
set -back line may be placed not nearer than 5 feet from the side
or rear lot line. No principal dwelling shall be located on any
lot nearer than 25 feet to the rear lot line. For the purposes
of this covenant, eaves, steps and porches not under roof shall
not be considered as a part of the building.
6. Area. No dwelling shall be constructed or permitted to
remain upon any lot in this subdivision which has a finished
heating living area less than 2,400 square feet. (which shall not
include any basement or attic area used for storage. All
dwellings shall have an attached carport or garage for at least
two automobiles).
7. commercial Structures. No building or structure of any
sort may ever be placed, erected or used for business,
professional, trade or commercial purposes on any portion of any
lot. This prohibition shall not apply to any business or
structures 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 service to Otter Creek Community,
Phase I.
8. Outbuildin s Prohibited. No outbuilding or other
detached structure appurtenant to the residence may be erected on
6
any of the lots hereby restricted without the consent in writing
of the architectural committee, unless a detached garage.
9. 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 may
be kept provided they are not kept, bred or maintained for
commercial purposes.
10. Noxious Activit No noxious or offensive trade or
activity shall be carried on upon any lot, nor shall any trash,
ashes or other refuse be thrown, placed or dumped upon any vacant
lot, nor shall anything ever be done which may be or become an
annoyance or nuisance to the neighborhood. No vehicle may be
stored or allowed to be parked on any lot unless said vehicle is
in evident good operative condition.
11. Billboards Prohibited. The construction or maintenance
of billboards or advertising boards or structures or signs on any
lots is specifically prohibited except that billboards,
advertising board, structures or signs used by the Allotter
advertising the sale or rental or such property during the
construction and sales period are permitted provided they do not
exceed five square feet in size or signs approved by the
architectural committee displaying the name of a residential
complex, commercial establishments, parking instructions or
regulations relating to the use of recreation facilities.
12. 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
7
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.
13. Cesspool. No leaching cesspool shall ever be
constructed or used on any lot.
14. Existing Structure. No existing, erected building or
structure of any sort may be moved onto or placed on any of the
above -described lots.
15. Temporary Structures. No trailer, basement, tent,
shack, garage, barn or other outbuilding other than a guest house
and servants' quarters erected on a building site covered by these
covenants shall at any time be used for human habitation,
temporary or permanently, nor shall any structure of a temporary
character be used for human habitation.
16. Easements for Public Utilities. Easements for the
installation, maintenance, repair and replacement of utility
services, sewer 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. In the event any
trees, shrubbery, incineratoars, structures, buildings, fences,
pavement or similar improvements shall be grown, built or
maintained within the area of such easements, 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.
8
17. Fences. No fences, enclosure or part of any building of
any type or nature whatsoever shall ever be constructed, erected,
placed or maintained closer to the front lot line than the
building setback line applicable and in effect as to each lot;
provided, however, that it is not the intention of this paragraph
to landscape front yards. All fences shall be of wood
construction and their design shall be approved by the
architectural committee. Moreover, no automobile, truck, trailer,
tent or temporary structure of any nature whatsoever, shall ever
be parked, located or otherwise maintained on any lot, provided
that it is not the intention of this paragraph to exclude the
temporary parking of passenger automobiles on any portion of the
garage driveway.
18. Sight Line Restriction. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations of more than
thirty inches above roadways 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 fifty
(50) feet from the intersection of the street line, or in the case
of a rounded property corner, within the triangle formed by
tangents to the curve at its beginning and end, and a line
connecting them at points fifty feet from their intersection. The
foliage line of any tree located within such distances of such
intersections must be maintained at a height of not less than
eight feet from the adjacent roadway to prevent obstruction of
such sight lines.
19. Property Lines and Boundaries. Iron pins have been set
on all lot corners and points of survey and all lot dimensions
9
shown on curves and 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 and the actual dimensions
or distances as disclosed by the established pins, the pins as set
shall control.
20. 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 taken to hold, agree and covenant with the owner
of the lots hereby 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
improvements 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 seisin
of title to said land, and , an Arkansas joint
venture, 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 or 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 , an Arkansas joint venture,
its successors or assigns, or any owner or owners of any lot or
lots in this subdivision to enforce any of the restrictions herein
set forth at the time of its violation shall, in no event to be
deemed to be a waiver of the right to do so thereafter.
an Arkansas joint venture, may, by apporpriatae
10
agreement made expressly for that purpose, assign or convey to any
person or corporation all of the rights, reservations and
privileges herein reserved by it, and upon such assignment or
conveyance being made, its assigns or grantees may at their option
exercise, transfer or assign these rights or any one or more of
them at any time or times in the same way or manner as though
directly reserved by them or it in this instrument.
21. Modification of Restriction. 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
acknowleged by the owner or owners of more than 75% in area of the
land in this subdivision, and the provisions of such instrument so
executed shall be approved by the Little Rock Planning Commission
and shall be binding from and after the date it is duly filed for
record in Pulaski County, Arkansas. These covenants, restrictions
and provisions of this instrument shall be deemed covenants
running with the land and shall remain in full force and effect as
hereinabove and upon the expiration thereof on July 1, 2,000,
shall automatically be continued thereafter for successive periods
of ten years each, unless terminated or cancelled as herein
provided.
22. Common Use Areas. In the plat of Huntington
Subdivision, the Allotter has designated a certain area of land as
Common Private Areas intended as a recreation area and for related
activities for the property owners in said Addition and as set
forth in the Huntingtons Homeowners Association Declaration, dated
1986, which said Home Association
11
Declaration is hereby incorporataed into and made a part of this
Bill of Assurance.
23. 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.
12
WITNESS our hands and seals this day of r
19
By.
Attest:
By
Attest:
STATE OF ARKANSAS }
} ss:
COUNTY OF PULASKI
On this day of 1 19_, before me a Notary
Public, duly commissioned, qualified and acting, within and for
the said County and State, appeared in person the within named
and
to me personally well known, who stated that they were the
President and Secretary of and
were duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said
corporation, and further stated and acknowledged that they had so
signed, executed and delivered said Bill of Assurance for the
consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this _ day of , 19
My Commission Expires:
13
Notary Public
PRELIMINARY BILL OF ASSURANCE
HUNTINGTON SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, ----------------------, an Arkansas joint
venture, hereinafter called "Allotter", is the owner of said lands
lying in the County of Pulaski, State of Arkansas, described as
follows:
Lands lying- n��rt of -the NW4 6f the NE4 of Section 19, T-2-N,
R-13-W, Pulaski County, Arkansas, lying South of Arkansas State
Highway #10 and more particularly described as follows:
Commencing at the SE corner of the NW4 of the NE4 of
said Section 19 for the point of beginning; thence
along the South line of the said NW4 of the NE4
N89003133" W 584.49'; thence leaving the said South
line N 00028128" E 1100.54' to the South right-of-way
line of Arkansas State Highway 10; thence along the
said South right-of-way line on the following bearings
and distances; N 73034109" E 36.19'; thence N 71°32'26"
E 262.95'; thence N 59011130" E 88.76'; thence
N73041103" E 232.90' to the East line of the said
NW4 of the NE4; thence along the said East line
S 00022127" West 1314.51' to the point of beginning
containing 16.189 acres more or less.
And, it is deemed desirable that the above described
property be now subdivided into building lots and streets, as
shown on the plat filed herewith as more particularly designated
hereinafter, 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, for and in consideration of the benefits to
accrue to , an Arkansas Joint Venture, its
successors and assigns, which benefits it acknowledges to be of
value, has caused to be made a plat filed herewith showing surveys
made by Robert C. Lowe, Registered Surveyor, and executed by him
, 1986, executed by it , 1986,
and bearing a certificate of approval executed by the Little Rock
Planning Commission, said plat showing the bounds and dimensions
of the property now being subdivided into lots and streets,
described by lots and streets as shown thereon.
Allotter hereby donates and dedicates to the public as
easement of way on and over such of the real property owned by it
designated as streets on said plat to be used by the public as
public streets. In addition to the said 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, telelphone, 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.
All street signs shall be of wood construction. Street signs
and unpaved islands shall be maintained by Allotter or the
Huntington Property Owners Association, in perpetuity.
The filing of this Bill of Assurance and Plat for record in
the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski
2
County shall 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
Huntington Subdivision being a subdivision in the Section 19,
Township 2 North, Range 13 West Pulaski County, Arkansas, and any
and every deed of conveyance of any lot in said subdivision
describing the same by the number or numbers shown on said plat
shall always be deemed a sufficient description thereof.
Said lands 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, shall be and remain in full force and
effect until July 1, 2,000, to -wit:
DEFINITION OF TERMS USE❑
For the purpose of these restrictions, the word "street"
shall mean any street, terrace, drive, circle or boulevard.
The word "lot" shall mean lot as platted, but excluding the
tracts designated as Reserved. A "corner lot" shall be deemed to
be any lot as platted having more than one street contiguous to
it.
RESTRICTIONS
1. Use of Land. None of the lots defined as "Low density
residential" may be improved, used or occupied for other than
private residence purposes, and no duplex, flat, apartment or
3
condominium, although intended for residence purposes, may be
erected or maintained thereon.
The tracts of land designated on the plat of Huntington
Subdivision as Reserved shall be used in accordance with
regulations of the City of Little Rock and Pulaski County,
Arkansas.
2. Architectural Committee. No building shall be erected,
placed or altered on any lot or tract designated as Reserved in
this subdivision until the building plans and specifications
therefor, exterior color scheme, and materials thereof, and plot
plan, which plot plans show the location and facing of such
building, have been approved in writing by a majority of an
architectural committee composed of
and , or their duly authorized
representatives, representative or successors. In the event of
the death or resignation of any member of members of the
above -named committee, the remaining member or members shall have
full authority to approve or disapprove such plans,
specifications, color scheme, materials and plot plan, or to
designate a representative or representatives with like authority
to fill any vacancy or vacancies created by the death or
resignation of any of the aforesaid members, and said newly
appointed members or member, shall have the same authority
hereunder as their predecessors as above set forth. In the event
the architectural committee fails to approve or disapprove any
such plans, specifications, color scheme, materials and plot
plans submitted to it as herein required within thirty (30) days
after such submission or in the event no suit to enjoin the
4
e
erection of such building or the making of such alterations has
been commenced prior to the completion thereof, such approval
shall not be required and this covenant shall be deemed to have
been fully complied with. The architectural committee shall not
be liable for any approval given hereunder and any approval given
shall not be considered as a waiver of any requirement of or
restriction in this Bill of Assurance. Nothing herein contained
shall in any way be deemed to prevent any of the owners of
property in this subdivision from maintaining any legal action
relating to the improvements within this subdivision which they
would otherwise be entitled to maintain. The powers and duties of
such committee or its designated representatives shall cease on or
after July, 2000. Thereafter, the approval described in this
covenant shall not be required unless prior to said date and
effective thereon, a written instrument shall be executed by the
then record owners of a majority of the lots in this subdivision
and duly recorded, appointing a representative or representatives
who shall thereafter exercise the same powers as previously
exercised by said committee for such period as may be specified in
such instrument.
3. Height and Type of Residence. No residence shall be
erected, altered, placed or permitted to remain on any lot other
than one detached single-family residence not to exceed two and
one-half stories in height or a split-level residence and a
private garage or carport for not less than two (2) cars.
4. Subdivision of Lots. No lot shall be re -subdivided into
a smaller lot, provided however, lots may be split to increase
the size of adjacent lots.
5
5. Set -Sack Reauirements. No residence shall be located
on any lot 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 building shall be located nearer to an interior
lot line than a distance of 10% of the average width of the lot
or 10 feet, whichever is less, except that a permitted accessory
building located 35 feet or more from the minimum building
set -back line may be placed not nearer than 5 feet from the side
or rear lot line. No principal dwelling shall be located on any
lot nearer than 25 feet to the rear lot line. For the purposes
of this covenant, eaves, steps and porches not under roof shall
not be considered as a part of the building.
6. Area. No dwelling shall be constructed or permitted to
remain upon any lot in this subdivision which has a finished
heating living area less than 2,400 square feet. (which shall not
include any basement or attic area used for storage. All
dwellings shall have an attached carport or garage for at least
two automobiles).
7. Commercial Structures. No building or structure of any
sort may ever be placed, erected or used for business,
professional, trade or commercial purposes on any portion of any
lot. This prohibition shall not apply to any business or
structures 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 service to Otter Creek Community,
Phase I.
S. Outbuildings Prohibited. No outbuilding or other
detached structure appurtenant to the residence may be erected on
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any of the lots hereby restricted without the consent in writing
of the architectural committee, unless a detached garage.
9. 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 may
be kept provided they are not kept, bred or maintained for
commercial purposes.
10. Noxious Activity. No noxious or offensive trade or
activity shall be carried on upon any lot, nor shall any trash,
ashes or other refuse be thrown, placed or dumped upon any vacant
lot, nor shall anything ever be done which may be or become an
annoyance or nuisance to the neighborhood. No vehicle may be
stored or allowed to be parked on any lot unless said vehicle is
in evident good operative condition.
11. Billboards Prohibited. The construction or maintenance
of billboards or advertising boards or structures or signs on any
lots is specifically prohibited except that billboards,
advertising board, structures or signs used by the Allotter
advertising the sale or rental or such property during the
construction and sales period are permitted provided they do not
exceed five square feet in size or signs approved by the
architectural committee displaying the name of a residential
complex, commercial establishments, parking instructions or
regulations relating to the use of recreation facilities.
12. 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
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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.
13. Cesspool. No leaching cesspool shall ever be
constructed or used on any lot.
14. Existing Structure. No existing, erected building or
structure of any sort may be moved onto or placed on any of the
above -described lots.
15. Temporary Structures. No trailer, basement, tent,
shack, garage, barn or other outbuilding other than a guest house
and servants' quarters erected on a building site covered by these
covenants shall at any time be used for human habitation,
temporary or permanently, nor shall any structure of a temporary
character be used for human habitation.
16. Easements for Public Utilities. Easements for the
installation, maintenance, repair and replacement of utility
services, sewer 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. In the event any
trees, shrubbery, incineratoars, structures, buildings, fences,
pavement or similar improvements shall be grown, built or
maintained within the area of such easements, 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.
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17. Fences. No fences, enclosure or part of any building of
any type or nature whatsoever shall ever be constructed, erected,
placed or maintained closer to the front lot line than the
building setback line applicable and in effect as to each lot;
provided, however, that it is not the intention of this paragraph
to landscape front yards. All fences shall be of wood
construction and their design shall be approved by the
architectural committee. Moreover, no automobile, truck, trailer,
tent or temporary structure of any nature whatsoever, shall ever
be parked, located or otherwise maintained on any lot, provided
that it is not the intention of this paragraph to exclude the
temporary parking of passenger automobiles on any portion of the
garage driveway.
18. Sight Line Restriction. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations of more than
thirty inches above roadways 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 fifty
(50) feet from the intersection of the street line, or in the case
of a rounded property corner, within the triangle formed by
tangents to the curve at its beginning and end, and a line
connecting them at points fifty feet from their intersection. The
foliage line of any tree located within such distances of such
intersections must be maintained at a height of not less than
eight feet from the adjacent roadway to prevent obstruction of
such sight lines.
19. Property Lines and Boundaries. Iron pins have been set
on all lot corners and points of survey and all lot dimensions
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shown on curves and 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 and the actual dimensions
or distances as disclosed by the established pins, the pins as set
shall control.
20. 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 taken to hold, agree and covenant with the owner
of the lots hereby 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
improvements 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 seisin
of title to said land, and , an Arkansas joint
venture, 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 or 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 , an Arkansas joint venture,
its successors or assigns, or any owner or owners of any lot or
lots in this subdivision to enforce any of the restrictions herein
set forth at the time of its violation shall, in no event to be
deemed to be a waiver of the right to do so thereafter.
an Arkansas joint venture, may, by apporpriatae
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agreement made expressly for that purpose, assign or convey to any
person or corporation all of the rights, reservations and
privileges herein reserved by it, and upon such assignment or
conveyance being made, its assigns or grantees may at their option
exercise, transfer or assign these rights or any one or more of
them at any time or times in the same way or manner as though
directly reserved by them or it in this instrument.
21. Modification of Restriction. 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
acknowleged by the owner or owners of more than 75% in area of the
land in this subdivision, and the provisions of such instrument so
executed shall be approved by the Little Rock Planning Commission
and shall be binding from and after the date it is duly filed for
record in Pulaski County, Arkansas. These covenants, restrictions
and provisions of this instrument shall be deemed covenants
running with the land and shall remain in full force and effect as
hereinabove and upon the expiration thereof on July 1, 2,000,
shall automatically be continued thereafter for successive periods
of ten years each, unless terminated or cancelled as herein
provided.
22. Common Use Areas. In the plat of Huntington
Subdivision, the Allotter has designated a certain area of land as
Common Private Areas intended as a recreation area and for related
activities for the property owners in said Addition and as set
forth in the Huntingtons Homeowners Association Declaration, dated
1986, which said Home Association
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Declaration is hereby incorporataed into and made a part of this
Bill of Assurance.
23. 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.
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WITNESS our hands and seals this day of
19
By
Attest:
By
Attest:
STATE OF ARKANSAS )
ss:
COUNTY OF PULASKI )
On this day of F 19_, before me a Notary
Public, duly commissioned, qualified and acting, within and for
the said County and State, appeared in person the within named
to me personally well known, who stated that they were the
President and Secretary of and
were duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said
corporation, and further stated and acknowledged that they had so
signed, executed and delivered said Bill of Assurance for the
consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this day of , 19
My Commission Expires:
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Notary Public