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Home My WebLink AboutS-0720 ApplicationCITY OF LITTLE ROCK NO. OFFICE OF COMPREHENSIVE PLANNING FILING FEES Little Rock, Rezoning Application . . . . . . . . . ... . . . $ Board of Adjustment Application. . . . . . . . . $ Preliminary Plat . . . . . . . . . . . . . . . $ Stet Narw S.t49a-, No. Signs At Ea. . . . $ :K`' TOTAL C-) i - � GJ E File No.: Address: App1 icant:�f�+ BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENT THAT, WHEREAS, Green Mountain Commercial Properties Associates Limited Partnership is the sole owner of the following described lands lying in the County of Pulaski, State of Arkansas, to wit: Starting at the Northwest corner of the NE14, Section 33, T-2-N, R-13-W; thence N 89° 40' 07" W, 418.81 feet; thence S 00° 48' 37" W, 363.03 feet to the point of beginning; thence N 89' 53' 05" E, 32.98 feet; thence S 40° 06' 30" E, 158.15 feet; thence S 48' 41' 30" W, 9.51 feet; thence S 180 00' 06" W, 78.71 feet; thence S 00' 03' 33" W, 228.87 feet; thence S 450 55' 25" E, 99.10 feet; thence S 120 06' 30" E, 120.87 feet to the North right of way of Rainwood Road, said point being on a 542.96 foot radius curve to the right having a chord bearing and distance of N 83° 23' 07" W, 76.93 feet; thence on the arc of said curve, 77.00 feet to the point of tangency, said point also being the point of curvature of a 602.96 foot radius curve to the left having a chord bearing and distance of N 85' 04' 44" W, 120.95 feet; thence on the arc of said curve, 121.15 feet to the point of tangency; thence S 89° 09' 54" W and continuing on said North right of way of Rainwood Road, 208.50 feet; thence N 00' 18' 25" W, 191.84 feet; thence S 890 41' 35 W, 130.00 feet to the East right of way of Green Mountain Drive, thence N 00° 18' 25" W and on said East right of way, 410.00 feet; thence N 890 53' 05" E, 338.64 feet to the point of beginning, containing 250,348 square feet or 5.75 acres more or less. AND WHEREAS, it is desirable that all of the above described property be subdivided into a lot and streets. NOW THEREFORE WITNESSETH: THAT the said Green Mountain Commercial Properties Associates Limited Partnership hereinafter termed grantor has caused said tract of land to be surveyed by William A. Roberts, a Registered Land Surveyor, BE and a plat thereof made which is identified by the title Lot 2R, Berkshire Place Commercial Subdivision and the date June 27, 1986, and by the signature of the Circuit Clerk and ex officio Recorder of Pulaski County, Arkansas in Plat Book Page and the grantor does hereby make this bill of assurance. AND the grantor hereby certifies that it has laid off, platted and subdivided, and do hereby lay off, plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as Lot 2R, Berkshire Place Commercial Subdivision an Addition to the City of Little Rock, Arkansas. The grantor hereby dedicates to the public forever an easement of way on and over the streets as shown by said plat, to be used as public streets. There are strips of ground shown and dimensioned on said plat marked "Utility Easement" and "Drainage Easement" reserved for the use of public utilities and for drainage purposes respectively, subject at all times to the proper authorities and to the easement herein reserved. Owners of lots in this subdivision shall take their titles subject to the right of public utilities and the public. The f iling of this Bill of Assurance and plat for record in the Office of the Circuit Clerk and ex-officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements shown on the said plat. Hereafter, conveyance and description of any of said lands by lot number as shown on said plat shall be a proper and sufficient descrip- tion thereof. The lots in said subdivision shall be sold by the grantor and shall be purchased by the buyers thereof subject to the following covenants to wit: -2- 1. No lot shall be resubdivided into nor shall any dwelling be erected or placed on any lot or building site having a width of less than 50 feet at the building line or an area of less than 6,000 square feet. 2. No building or fence is to be constructed on any lot nearer than the building line noted on said plat. The following front yard, rear yard, and side yard provisions shall be required for the following usage of the property. Commercial Use. A front setback of 25 feet is required. There shall be no requirements for rear or side yard setback for commercial use unless the commercial use is adjacent to a residential use then the rear or side yard setbacks shall be no less than 25 feet. 3. No buildings, fences, incinerators, paved driveways or any other permanent structure or improvement of any kind, whether herein specifically enumerated or not, shall be built or maintained within the area of any of the easements shown on the plat and in the event any such obstruction is placed thereon in violation of the restriction and reservation no utility and/or public agent will be liable for de- struction of same in constructing and maintaining its facilities located within the area of said easement. 4. No fence, wall, hedge or shrub planting or other obstacle which obstructs sight lines at elevations of more than 30 inches above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street lines and a line con- necting them at points 50 feet from the intersection of the street lines or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end and the line connect- ing them at points 50 feet from their intersection. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at a height of 8 feet to prevent ob- struction of such sight lines. 5. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways and driveway aprons shall not extend past the face of the curb. 6. The easterly 25 feet of the subject property shall be reserved as a green strip and may not be developed, improved or used for parking -3- or any permanent improvement other than landscaping provided that the owner may use said area for the purpose of locating utilities and storm drainage therein. 7. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 10 years from the date these covenants and restrictions shall be automatically extended for a successive period of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants and restrictions in whole or in part provided that the covenants and restrictions set forth in Paragraph 6 hereof shall never be subject to amendment or deletion. 8. These covenants and restrictions shall not be amended canceled or supplemented unless an instrument signed by at least eighty (80) percent of the owners of the aforesaid lots is placed on record agreeing to change the covenants and restrictions in whole or in part, and any change must be approved by the Little Rock Planning Commission; proved that, the covenants and restrictions set forth in Paragraph 6 hereof shall never be subject to amendment or deletion. 9. In the event of any attempt to violate any of the covenants or restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing or to recover damages or other dues for such vio- lation. 10. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The considerations set forth in items one through ten and 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 part of the Little Rock Planning commission's requirements of plat approval. -4- Green Mountain Commercial Properties Associates Limited Partnership DATE: 9/16/86 By: ATTEST: LITTLE ROCK PLANNING CD ISSION APPROVES DATE: -5- ACKNOWLEDGEMENT STATE OF ARKANSAS ) ss COUNTY OF WHITE ) On this date before me personally appeared John H. Howe to me personally well known, who acknowledged that he was a General Partner of Green Mountain Commercial Properties Associates Limited Partnership, and that he as such officer being authorized so to do had executed the foregoing instrument for the purpose therein contained by signing the name of the partnership by himself as such officer. WITNESS my hand and official seal this 1986. My Commission Expires: 10/24/91 16th day of September, 6�1�- in - K',-t, Notary Public AMI ENGINEERING, INC. ENGINEERS • PLANNERS • SURVEYORS • PHOTOGRAMMISTS 1615 LOUISIANA KJk` 4otgeCamiage&fouse P.O. BOX 15391 LITTLE ROCK, ARKANSAS 72203 (501) 376-6838 September 16, 1986 Mr. Van McClendon City of Little Rock Department of Planning Markham and Broadway Little Rock, AR 72201 Re: Lot 2 Berkshire Place - Replat Mr. McClendon: Enclosed find one copy of the final plat, one copy of the Bill of Assurance, the utility and public works sign offs' and a check for $112.00 as the final plat fee. Your approval is requested. Si ncerely, AMI ENGINEERING, INC. Delbert Vanlandingham, P.E. President DV/ak Enclosures