HomeMy WebLinkAboutS-0722-W ApplicationThe
Mehlburger
Firm
Engineers w Architects
F- Landscape Architects x Surveyors
201 South Iwd a P. O. Box 3837 ■ Little Rock, AR 72203-3837
501-375-5331 — Fax 375-7452
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PRINTED IN U S A
City of Little Rock,Ark.
Filing Fees
Date:
Annexation $
Bd.of Adjustment $
Cond. Use Permit $
Final plat $ F 7 r
Planned Unit Dev. $
Preliminary Plat $
Special Use Permit $
Rezoning
Site Plans
Right of way
abandonment
$ I �
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$ 1997
Street name change
LL- ROCK
Street name signs
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Number at ea.
Total $_ �%�
File no.722W `"
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The Civil Engineering Requirenents for Filing of Final Plats
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The
Mehlburger
Firm
Engineers ❑ Architects ❑ Landscape Architects ❑ Surveyors
August 25, 1997
Mr. Richard Wood
Subdivision Administrator
City of Little Rock
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
Re: Final Plat of Cherry Creek Addition, Phase XII
Dear Richard:
Attached is one copy of the Final Plat for your review. I have delivered two copies to
Dewayne Dixon for his review. I understand he is ok with it. Attached is the utility company
sign -off sheet. Ron Harrison will be bringing the Bill of Assurance.
If have any questions or need additional information, please let me know.
Sincerely,
The Mehlburger Firm, Inc.
Michael Wats , Vice President
encl:
1 201 South Izard o P.O. Box 3837 o Little Rock, AR 72203-3837 o 501/375-5331 o Fax 375-7452
PLAT AND BILL OF ASSURANCE
CHERRY CREEK
LOTS 18 THROUGH 27, BLOCK 8, LOT 1,
BLOCK 12, LOTS 1 THROUGH 21, BLOCK 13 AND
LOTS 8 THROUGH 18, BLOCK 14
WINROCK DEVELOPMENT COMPANY
ice
THE PUBLIC
WHEREAS, Winrock Development Company, hereinafter called Grantor, is the owner
of the following described lands, to -wit:
PROPERTY DESCRIPTION
Part of the Northeast 1/4 of the Southeast 1/4 and part of the Northwest 1/4 of the Southeast 1/4
of Section 8, T-1-N, R-13-W, Pulaski County, Arkansas being more particularly described as
follows:
BEGINNING at the Southeast Corner of Lot 74, Point West Third Addition, Phase 2A to the
City of Little Rock, Pulaski County, Arkansas (Plat Book C-990) said point also being the
Southwest Corner of Lot 16, Block 8, Cherry Creek, an Addition to the City of Little Rock,
Pulaski County, Arkansas (Plat Book B-894); thence South 880 07' 54" East along the South line
of said Lot 16 a distance of 21.67 feet to the Northwest Comer of Lot 17, Block 8, said Cherry
Creek Addition (Plat Book E-83); thence South 010 49' 07" West along the West line of said
Lot 17 a distance of 154.90 feet to a point on the North line of Lot 19, Block 14, said Cherry
Creek Addition; thence North 880 10' 53" West along said North line a distance of 22.72 feet
to the Northwest Corner of said Lot 19; thence South 011 49' 07" West along the West line of
said Lot 19 a distance of 115.29 feet to the Southwest comer of said Lot 19; thence South 880
19' 03" East along the South line of Lots 19 and 20, said Block 14 a distance of 132.63 feet to
the Northwest Corner of Lot 7, said Block 14; thence South 01154' 50" West 165.22 feet to the
South right-of-way line of Cherry Laurel Drive; thence South 88003' 22" East 40.62 feet to the
Northwest corner of Lot 22, Block 13, said Cherry Creek Addition; thence South 01056' 38"
West along said West line of Lots 22 and 23, said Block 13, a distance of 154.83 feet to the
Northwest Corner of Lot 24, said Block 13; thence South 351 38' 34" West along the Westerly
line of Lots 24, 25 and 26, said Block 13 a distance of 191.70 feet to the Southwest Corner of
said Lot 26; thence North 510 30' 46" West 455.77 feet; thence North 590 06' 06" West 410.81
feet; thence North 65026' 03" West 762.20 feet; thence South 87°27' 23" East 543.28 feet to
the Southwest comer of Point West Third Addition, Phase 2B (Plat Book D-282); thence South
Be
thence South 87110' 08" East along the South line of said Point West Third Addition, Phase 2A
and Phase 2B a distance of 655.30 feet; thence continuing along the South line of said Point
West Third Addition, Phase 2A and Phase 2B, South 88035' 31" East 164.20 feet to the POINT
OF BEGINNING containing 11.094 acres, more or less.
And, WHEREAS, it is deemed desirable that all of the above -described property be
subdivided into building lots, tracts and streets as shown on the attached plat, and that said
property be held, owned and conveyed subject to protective covenants herein
contained, Now, Therefore,
WITNESSETH:
Grantor does hereby certify that it has caused said tract of land to be surveyed by The
Mehlburger Firm, Registered Land Surveyors, and a plat thereof made which is identified by
the title Lots 18 through 27, Block 8, Lot 1, Block 12, Lots 1 Through 21, Block 13 and Lots
8 through 18, Block 14, CHERRY CREEK, an Addition to the City of Little Rock, Arkansas,
and the date g_ S- 97, and said plat bears the signature of the said Land Surveyor and the said
Grantor, and bears a Certificate of Approval executed by the Little Rock Planning Commission
and is of record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas,
in Plat Book , and the Grantor does hereby make this Bill of Assurance.
The Grantor does hereby certify that it has laid off, platted and subdivided, and does
hereby lay off, plat and subdivide said real estate as CHERRY CREEK, an 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 the number or numbers as shown on said plat
shall always be deemed a sufficient description thereof. The Grantor hereby dedicates to the
public forever an easement of way on and over the streets as shown on said plat to be used as
public streets.
In addition to the said streets, there are shown on said plat certain easements for drainage
and utilities. Grantor hereby donates and dedicates such utility easements to and for the use of
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 ingress and egress therefrom for the installation, maintenance, repair and
replacement of such utility services.
The filing of this Plat and Bill of Assurance for record in the Office of the Circuit Clerk and
Recorder of Pulaski County, Arkansas shall be valid and complete delivery and dedication of
the streets and easements shown on said plat and the streets in said CHERRY CREEK shall be
known by the names designated on said plat. Said land 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 January 1, 2015, to -wit:
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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,
placed or permitted to remain on such residential building sites other than a detached single
family dwelling, a private garage for the storage of passenger cars owned or used by residents,
guest house, servant's quarters and other outbuildings clearly incidental and related to residential
use of the premises. No such building site shall be used for commercial purposes. Such
restrictions shall not prohibit the temporary maintenance of model homes for promotional
purposes and sales offices by Grantor or other professional builders.
2. ARCHITECTURAL CONTROL. No structure shall be erected, placed or altered
on any property in CHERRY CREEK until the building plans, specifications and plot plan
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
Grantor. In the event Grantor shall fail to approve or disapprove or request additional
information regarding the plans, specifications or plot plan 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. Enclosed garages shall be required;
however, the Grantor may, in its sole discretion, approve or disapprove an open carport if it is
located behind the residence it serves and if the open carport is not visible from the streets
adjoining the residence. 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 CHERRY CREEK from
maintaining any legal action relating to improvements within CHERRY CREEK which they
would otherwise be entitled to maintain. There shall be no compensation to Grantor for the
services to be performed pursuant to this provision.
3. LOT AREA AND WIDTH. No residence shall be erected, altered or permitted to
remain on any lot platted as CHERRY CREEK if the area of the lot is less than 6,000 square
feet and the average width of the front and rear of the lot is less than sixty (60) feet. No lot
shall be subdivided without written consent of the Grantor and of the Little Rock Planning
Commission first had and obtained.
4. MINIMUM PRINCIPAL DWELLING SIZE. No principal residential structure
shall be constructed or permitted to remain on any lot platted hereby as CHERRY CREEK
unless the main floor area thereof, exclusive of porches, patios, carports, garages and
breezeways shall be at least 1,600 square feet except that Lot 25, Block 8; Lots 6,7,8,12,13, and
14. Block 13 and Lot 13, Block 14 shall be at least 1,500 square feet. The term "main floor"
as used in this paragraph shall include living, dining and sleeping areas, which areas may be on
different levels.
5. MINIMUM FINISHED FLOOR ELEVATIONS. Minimum finished floor
elevations have been established on Lot 26, Block 8, Lot 1, Block 12 and Lots 1 through 19,
Block 13 Cherry Creek, as shown on the plat. No home may be built on these lots which have
a living area lower than the minimum elevation established on the plat.
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6. BUILDING LOCATION. No building, fence or wall shall be constructed on any
lot nearer to the street than the building line shown on said plat. No residential structure shall
be located nearer than six (6) feet to an interior lot line or ten percent (10%) of the average
width of the single family lot, whichever is greater; provided, however, such side yard need not
exceed eight (8) feet in width. For the purpose of this covenant, eaves, steps and open porches
shall not be considered a part of the dwelling. No residential structure shall be nearer to the
rear lot line than allowed by the City of Little Rock.
7. TEMPORARY STRUCTURES. No trailer, tent, shack, garage, garage apartment,
hutment, bam, structure of a temporary character, or outbuilding of any kind on said land shall
at any time be used or occupied as a residence, temporarily or permanently.
8. SIGNS. Except for 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 only
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 Grantor or a builder may be displayed to advertise the
property during the construction and sales period.
9. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge, or shrub
planting which obstructs sight lines at elevations between two (2) and six (6) feet above the
roadway shall be placed or permitted to remain on any comer lot within the triangular area
formed by the street property lines and a line connecting them at points fifty (50) feet from the
intersection of the street lines, or, in the case of a rounded property comer, from the intersection
of the street property lines extended. The same sight line limitation shall apply on any lot within
ten (10) feet from the intersection of the street property line with the edge of a driveway or alley
pavement. No tree shall be permitted to remain within such intersection unless the foliage line
is maintained at sufficient height to prevent obstruction of such sight lines.
10. FENCES. No fence, wall, hedge, or mass planting shall be permitted to extend
beyond the minimum front building setback line established herein or from the side yard building
line to the street on corner lots. The design, construction and material of any fence or wall must
be submitted for consideration by the Grantor in the same manner as provided in Paragraph 2
hereinabove for Architectural Control.
11. 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.
12. EASEMENTS. No building, trees, 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 and no alteration
including grading, filling, excavation or other sitework may be done within the area of any of
the easements shown on the plat which may damage or interfere with the installation and
maintenance of utilities or which may change the direction of flow of drainage channels, or
which may obstruct or retard the flow of water through drainage channels; and, in the event any
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such obstruction is placed thereon in violation of this restriction and reservation, no public
authority will be liable for destruction of same in maintaining or repairing its lines located within
the area of said easement.
Easements, including drainage channels, shall be mowed and generally maintained by the
owner of the lot over which the easement or drainage channel is platted except for improvements
installed in those easements for which a public authority or utility is responsible.
13. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall
be raised or kept except that dogs, cats or other fully domesticated pets may be kept, provided
that they are not kept or maintained for any commercial purposes.
14. DRIVEWAYS. No concrete, asphalt or other obstruction shall be placed in the
street gutters. Curbs may be broken at driveways and driveway grades lowered to meet the
gutter flow line or not more than (2) two inches above said flow line.
15. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot
corners and points of curve, and all curve data as shown on the attached plat is centerline 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
original pins as set shall control.
16. SATELLITE RECEIVER DISH. No satellite receiver dish ("dish") shall be
erected, placed or maintained on any lot between the front building setback line and the street
or the side building line and the street on comer lots or within ten (10) feet of any property line
or in the side yard areas between houses. No dish shall be mounted on any building or exceed
an overall height of ten (10) feet. Only one dish will be permitted on any one lot and each dish
shall be neutral in color, have no advertising on any surface and shall be screened from
adjoining properties by an opaque wall, fence, hedge or berm. These restrictions shall be
cumulative and in addition to any municipal or governmental restrictions and requirements.
17. BOAT, CAMPERS AND TRAILERS. No motorboat, houseboat, canoe, sailboat,
or other similar waterborne vehicle, no camper, trailer or recreational vehicle and no inoperative
or disassembled vehicles of any kind shall be maintained, abandoned, stored or permitted to
remain in the street right-of-way or in the area between the street and the building set -back line,
or in the side yard area.
18. ENFORCEMENT. In the event of any attempt to violate any of the covenants or
restrictions herein contained before the expiration date hereof, it shall be lawful for any person
or persons owning a lot or lots in CHERRY CREEK 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 for so doing or to recover damages in any court
of law for such violation.
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19. AMENDMENT. These covenants and restrictions may be cancelled or amended
if an instrument signed by the owners of at least seventy percent (70 %) of the 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 for record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas;
provided that if the Grantor owns any property within the area covered by this plat, the
Grantor's approval to cancel or amend these covenants and restrictions must be first obtained.
Grantor shall have 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,
or while Grantor continues to own any property covered by this Plat and Bill of Assurance,
Grantor shall have the right to amend these covenants and restrictions; provided, however, that
any such amendment by the Grantor shall require the prior approval of the Little Rock Planning
Commission. 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, 2015 and shall also exist at all times during each and every successive period extending the
covenants, restrictions, requirements and provisions of 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 way affect any of the other
provisions which shall remain in full force and effect.
The considerations set forth in items one through nineteen 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 part of the Little Rock Planning Commission's requirements for plat approval.
IN WITNESS FHEREOF, the said Grantor has caused a presents to be executed this
f���day of , 1997.
M
STATE OF ARKANSAS )
) ss ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and
acting, within and for the said county and state, appeared in person the within named Claude
Brasseale, Jr. and Gary Catlett, to me personally well known, who stated that they were the
President and Secretary, respectively, of Winrock Development Company, an Arkansas
corporation, and were duly authorized in their respective capacities to execute the foregoing Bill
of Assurance for and in the name and behalf of said corporation; and further stated and
acknowledged that they had so signed, executed and delivered said foregoing instrument 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 , 1997.
Notary Public
OFFICIAL SEAL
LAURAN G.JOHNSON
My commission expires: NOTARY PUBLIC - ARKANSAS
FAULKNER COUNTY
My Commission Expirem - FEB. 1, 2006
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