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HomeMy WebLinkAboutS-0658-D ApplicationCity of Little Rock Planning and Development FHing Fees Date: )_L� T, 20 Annexation Board of Adjustment Coed. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Ni umber 1 at q15 ea. Public Hearing $igns Number at ea. S S .eD $ 2006 $ CODS $ l)5-' L5-7) `total $ File No. ]Location 1)1,PLCU— Applicant t >>[ By CIVIL DESIGN • INCORPORATED 15104 CANTRELL ROAD LITTLE ROCK, ARKANSAS 72223 January 18, 2006 Ms. Donna James Subdivision Administrator Little Rock Department of Planning & Development 723 West Markham Street Little Rock, Arkansas 72201 Re: Final Plat Perry Place - Phase 3 Pulaski County, Arkansas Dear Donna: Enclosed herewith are three (3) copies of the above referenced final plat. Once any comments are received from both Planning and Public Works, we will submit the original for signing with all of the other required documents. Respectfully submitted, Civil Design, Inc. J James Dreher, E.I. Staff Engineer JHD/jd 0 ENGINEERING & SURVEYING SERVICES — TEL (501) 868-7717 • FAX (501) 868-5099 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME THE PERRY PLACE SUBDIVISION PHASE 3 L-15-19&51-51 INSPECTOR REPORT I have made a final inspection of the improvements and find that: -A` w D' K r_81.jh-jN f N N F= No h C o 71" b,F'1 EA ?-j-& .v Po.4,' d A k$A MRD NY 60A Pt CO All improvements shown on construction drawings for the 4velopment are constructed and in conforma ce with City requirements/standards. �O`' 7a � ��� F ya Alf3-Mry ''' 3t Certain Improvements remain uncompleted and a punch list has been prepared and sent. `r.. •—t.�.Engineering Specialist Date: 2-1 1 Z/'YID(l, ADDRESSING SPECIALIST'S REPORT I ere ' e d nd that the street names and street configuration are acceptable. Addressing Specialist Date:-52V616 TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: Certain improvements remain uncompleted and a punch list has been prepared and sent. NOT Traffic Engineer Date: CIVIL ENGINEER REPORT I havereviewedthe file for this matter and find that: v The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied. Civil Engineer 1/II Date: `L// % )0 SURVEYOR'S REPORT I have reviewed the plat and find that: � All requir nal plat approval have been satisfied. f� G Surveyor Date: LO MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. V'�� a►--. ' Date: 171D Design Review Engineer/Civil Engineering Manager July 2005 2006010267 02/07/2006 03:58:54 PM Filed R Recn•rded in Official Record-_- of PAT O'RRIE14 PULASKI COUNTY CIRCUIT/COUNTY CLERK BILL OF ASSURANCE Fees $44.00 FOR PERRY PLACE SUBDIVISION — PHASE 3 ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS ALL PERSONS TAKE NOTICE FROM THIS DOCUMENT: t-A G3-�!> This Bill of Assurance is made this day _31 of January, 2006 and affects Perry Place Subdivision — Phase 3 Addition to the City of Little Rock, Pulaski County, Arkansas ("Subdivision") as per its Final Plat filed in Book at Pages to in the records of the Circuit Clerk and Ex-Offico Recorder of Pulaski County, Arkansas (the "Subdivision Plat"). WHEREAS, the undersigned (the "Declarant") are the owners of all of the real property described on the attached Exhibit "A", as shown on the Subdivision Plat as Lots 16 through 19, and Lots 51 through 61 inclusive, of the Perry Place Subdivision — Phase 3 Addition to the City of Little Rock, Pulaski County, Arkansas (the "Property"); WHEREAS, all of the Property, as shown on the Subdivision Plat, has been subdivided into building lots, tracts, and streets and that the Property shall be held, owned, and conveyed subject to the restrictive covenants in this Bill of Assurance for the purpose of enhancing the value of the Property by creating a common scheme of development and the associated restrictions on use. NOW THEREFORE, Declarant for and in consideration of the benefits to accrue to it and its successors and assigns, which benefits it acknowledges to be of value, has caused to be made the Subdivision Plat; and Declarant hereby dedicates and donates to the City of Little Rock the easements rights - of -way on, over, and under the easements shown on the Subdivision Plat, along with the right of ingress and egress therefrom for the purpose of installing, maintaining, repairing, or replacing of utility services of any kind, including, but not limited to electricity, telephone, cable television, sewer, and water. The filing of this Bill of Assurance for record in the office of the Circuit Clerk and Ex Officio Recorder of Pulaski County, Arkansas shall be a valid and complete dedication and delivery of the easements subject to the limitations set forth herein. The lands contained in the Subdivision Plat, and any interest therein, shall be held, owned, and conveyed subject to and in conformity with the following covenants_ S C-4 �, ..... .�D' -1- � r, '• T :1 . 00 1. Use of Land. The land herein platted shall be held owned and used only for single family residential purposes. Each lot shall contain one single family dwelling and up to one approved accessory structure as provided for by this Bill of Assurance. The single family dwelling and any accessory structure shall be "stick built" from materials assembled on site and no mobile homes or prefabricated structures shall be allowed. 2. Architectural Control. The Declarant or its appointed representative shall sit as the Architectural Control Committee for the Property and shall have the right to approve or disapprove all plans for any improvements to be constructed or maintained on any lot as set forth below. No improvement shall be constructed or maintained on any lot and no alteration or repairing to the exterior of a structure shall be made unless prior approval is obtained from the Declarant as set forth below. a. Architectural Control Committee & Duties. The Declarant may, in its discretion, appoint an Approving Agent who shall be responsible for acting in place and stead of the Declarant with respect to all architectural control duties and responsibilities of the Declarant under this Bill of Assurance. The Declarant or approving agent shall approve or disapprove all plans and requests within as provided within this Bill of Assurance. b. Preliminary Consultation is Encouraged. In order to facilitate approval and to avoid misunderstandings and duplication, applicants are encouraged to submit preliminary plans and specifications to the Declarant for consultation and study prior to the submission of final plans and specifications. C. Plans and Specifications. Two complete sets of final building plans and specifications for any structure, including, but not limited to, any building, fence, coping, wall, or other structure(s) to be erected on any lot shall be submitted to the Declarant for written approval before any construction may begin. Until further notice by Declarant, all such plans shall be submitted to Declarant at Maumelle, AR 72113. Included in such plans shall be: Location and plans for building pads to ensure adequate views and privacy within the subdivision. ii. Plat plans showing location of structure(s) on the Lot and measured distances to the structure from front, back and side lot lines. iii. Exterior elevation drawings of all sides of the building(s). iv. Detailed floor plan including total square footage of heated and cooled space. V. Exterior type of materials and color scheme -2- vi. Description of roof treatment; and, vii. Location and plans for garage and driveway. d. Changes After Approval. Any changes, remodeling, reconstruction, alternations or additions to any building or other structure(s), including fencing and walls, on any Lot shall also be subject to the prior approval in writing by the Declarant. e. Staking. The applicant shall stake the location of buildings or improvements on the site prior to such approval. f. Evidence of Approval. Approval of any plans and specifications shall be evidenced by the written endorsement of the Declarant or approving agent made on said plans and specifications, and a copy thereof shall be delivered by the Declarant to the applicant, or to his agent or representative, prior to the commencement of construction. One set of said plans and specifications shall be retained by the Declarant. g. Disapproval of Plans. The Declarant shall have the right to disapprove any plans and specifications submitted to it for any one or more of the following reasons: i. If the plans and specifications are not in sufficient detail or are incomplete; ii. If, in the opinion of the Declarant, the architectural design of the proposed building or structure as shown by the plans and specifications, plat plans, or the location of any structure, is not in harmony with the general surroundings, or with the building or structures, or proposed building or structures, adjacent to the location at which said proposed building or structure is intended to be erected. iii. If the roof is of either a material or style different than that specified by the Declarant, roofing materials shall be of neutral color and non -reflective, except solar equipment; or iv. If the plans and specifications are not in compliance with the provisions of this Bill of Assurance. h. Timing of Approval and. Construction. The Declarant shall approve or disapprove such plans and specifications, and notify Owner of its decision within seven (7) days after receipt thereof. The exterior construction of each residence, including the final color coat or paint, shall begin promptly after approval of the plans and shall continue until fully completed, with all such construction to be fully completed within one (1) year after commencement of construction. No residence placed or erected on any lot shall be occupied in any manner until made to comply with the approved plans, and all other conditions and restrictions herein set forth. -3- i. Non -Liability of Declarant. In reviewing plans and specifications, the Declarant shall consider only aesthetic matters reflected therein, and shall not consider the structural adequacy, advisability or safety of any matter contained therein. The Declarant shall not be responsible for any defects in said plans or specifications or in any building or structure erected according to such plans and specifications. The Declarant shall not be liable in damages to anyone so submitting plans for approval, or to any owner or owners of land covered by this instrument by reason of mistake in judgment, negligence or nonfeasance of itself, its agents or employees, arising out of or in connection with the approval or disapproval, or failure to approve any such plans. Any person or entity submitting plans to the Declarant for approval shall for himself, and his successors and assigns, by the submitting of such plans, waive all claims for damages resulting from any such acts or omissions. 3. Common Area. The areas designated on the Plat as Tract A and all improvements thereon, including but not limited to, all walls, lighting, irrigation and landscaped areas shall be maintained by the owners of the lots within the Subdivision, except for public utility improvements which are maintained by such public utilities. 4. Height_ and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot in the Property other than one detached single-family residence not to exceed 2 stories in height. All residence will have a minimum first floor ceiling height of 9 feet. All roof pitches for residences shall be min, 8/12 pitch. All roofs shall have architectural shingles (25 year minimum). All exteriors shall be 100% brick, or front of residence and a min. of 3 feet on each side. Siding will be permitted 3 sides and above facia. 5. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or the side street than the minimum building setback lines shown on the Plat; provided, such setback requirements may be modified if such modification is approved by the Architectural Control Committee, the Little Rock Planning Commission or the Little Rock Board of Directors, or such other regulatory agency as may succeed to their functions. No building shall be located nearer to an interior lot sideline than 8 feet. No principal dwelling shall be located on any lot nearer to the rear lot line than the set back distance shown on the Plat. For the purpose of this covenant, steps and porches not under roof shall not be considered as a part of the building. 6. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in the Property unless the finished heated and cooled living area, exclusive of porches, patios, garages, breezeways, exterior stairways, and porte cocheres, shall be equal to or exceed 1,250 square feet. Finished heated and cooled living area shall be measured in a horizontal plane to the face of the outside wall on each level. -4- 7. Frontage of Residence of Streets. Any residence erected on any lot in the Property shall front or present a good frontage on the streets designated in the Plat, and for this purpose as applied to all inside lots, it shall mean that the residence shall front the street designated, and on any corner lot it shall mean that the residence shall front or present a good frontage on both of the streets designated in the Plat. 8. Commercial Structures. No building or structure of any type may ever be placed, erected or used for businesses, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to the Property. 9. Noxious Activity; Nuisance. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other refuse by thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any site unless placed in a container suitable for garbage pickup; nor shall anything ever be done which may be or become an annoyance or a nuisance to the neighborhood. 10. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any building site. 11. Cesspool. No leaching cesspool or septic system shall ever be constructed or used on any lot. 12. Existing Structure. No existing, erected building or structure of any sore may be moved onto or placed on any lot. 13. Temporary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding shall at any time be used for human habitation, temporarily or permanently. 14. Easements for Public Utilities and Drainage. 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 (Typically, all lots shall have a 10.0 foot wide utility easement at the street and a 10.0 foot wide rear yard utility easement, unless noted otherwise on the Plat). No trees, shrubbery, incinerators, structures buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility or drainage easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar -5- improvements shall be grown, built or maintained within the area of such easement, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service locate within the area of such easement. 15. Fences and Retaining Walls. 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. Chain link or similar fences are in all events strictly prohibited in front of residence. If chain link is used, it's not to pass front sides of residence. It is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard. Any fences installed shall be 6 ft. in height and will be allowed beyond the platted rear and side yard setback. Wooden privacy or wrought iron fences as approved by the Declarant as provided in paragraph 1 hereof shall be allowed. 16. Propq!y Lines and Boundaries. Iron pins have been set on all lot corners and points of curve and all lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat filed herewith is centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by the established pins, the pins as set shall control. 17. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cut at driveways, and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 18. No Subdivision. No lot shall be subdivided. 19. Landscaping. Landscaping shall be installed within 120 days of the completion of construction of the residence and shall include 100% sod on the front, rear, and side yards. 20. Parking and Traffic. The Declarant shall have the power to promulgate reasonable rules, regulations, or restrictions on the parking or traffic within the Property, including but not limited to prohibiting parking on all or part of the streets. 21. Riaht to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns. All parties claiming by, through or under the present owner shall be taken to covenant wit the owner of the lots hereby restricted, and its successors and assigns, to conform to and observe these restrictions. No restriction herein shall be personally binging upon any corporation, person or persons, except with the respect to breaches committed during its, his, her or their term of holding title to said land. Declarant, its successors and assigns, and also the owner or owners of IM 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 by any owner or owners of any lot or lots in this addition to observe any of the restrictions herein. Any delay in bringing such action shall, in no event, be deemed to be a waiver of the right to do so thereafter. 22. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged by the owner or owners of more then seventy-five percent (75%) in area of the total land contained within the Property. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2030 after which time each covenant in this instrument shall be automatically extended for successive periods of ten (10) years unless an instrument terminating the covenants signed by the then owners of seventy-five percent (75%) of the lots on the Plat have been recorded prior to the commencement of any ten-year period. 23. Attorneys Fees. In any legal or equitable proceeding for the enforcement or to restrain the violation of this instrument or any provisions thereof, by reference or otherwise the prevailing party or parties shall be entitled to attorney fees in such amounts as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 24. Pets. Only dogs and cats will be allowed as indoor/outdoor pets. Any outdoor pets will be confined to fenced areas. No reptiles shall be allowed as pets. No animals which are determined by the City Of Little Rock to be a nuisance or a threat to the health or safety of the residents or guests of the Property may be kept on the Property. 25. Severability. Invalidation of any restriction set forth herein or any part thereof by any order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions or any part as set forth herein, but they shall remain in full force and effect. EXECUTED this _3 a day of January, 2006. -7- DECLARANT JCS CONSTRUCTION, LLC, an Arkansas limited liability company BY c�r � jx [�.. Manager Roviewed only for inclusion of minimum str;:car requl;�;: by tho C ?y of LIVI,� Roc.,; sub tivisin-1 Move!,.Per may c. d r.-!T,f^,..1 . ,g 4:� i. C:-.J c Li I.. .. y Little Rock subdivision and zoning cro'M^nc e3 60 of Litho Rock Planning Commission -8- ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI �.Ia�GLf`�.�Q.ZL�D� On this the day of B@ ; before me, 1 a J � C-5 the undersigned officer, personally appeared _ L i C. Sco-ft ho acknowledged himself to be the Manager of cj 5, ' �J roCb Vl , LLC, and that he, as such Manager, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company, by himself as Manager. IN WITNESS WHEREOF, I have hereunto set my hand and afficial seal. `J NOTARY PUBLIC MY C MM SSION EXPIRES: �� qD 12 In