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HomeMy WebLinkAboutS-0725 ApplicationCITY OF LITTLE ROCK NO. OFFICE OF COMPREHENSIVE PLANNING FILING FEES Little Rock, Ark. 19^� Rezoning Application . . . . . . . . . . . . . . $ Board of Adjustment Application. _ . . . . . . . $ Prel imina �V yP14 g. . . . . . . . . . . . . $ Fill Plaice Street Names Si fS� No. Signs At . Ea. $ w TOTAL r File No.: Address: Applicant*. REPLAT BILL'OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, James E. Jackson (thereafter called "Grantor"), is the sole owner of the following described land lying in the county of Pulaski, State of Arkansas, to -wit: Tract 17 in NFL N,�% Section 32, T-2-N, R-12-W, Pulaski Co., Ar. according to the Plat as prepared by F. W. Garrison, May 15, 1940. Containing 0.8 acres more or less. more particularly described as follaws: Begi ming at a point N 860 13' E 864.0' along the" north line of the Nam, NWk, Sec. 32, ' T 2-N, R-12 W from the NW corner of said NWk,NW-,, Sec 32 said point also being the NW Corner of Tract 17 hereinvefore described; thence N860 13'E 229.24' along the said north line to a point on. the northerly R/W line of Ark.State Highway #10; thence southwesterly along a circular curve to the left having a radius of 275.70' and a chord bearing S 3406'17" W 59.33'; thence continue along said R/W S270 55' 40" W 47.6' to a circular curve to the right raving a radius of 490.87' the following Chord distances and bearings, S310 0' 42" W 52.82', S370 0' 7" W 49.77" `. •r ; S450 55' V W 14D2.79' , and S 530 20' 21" W 24.18' to a point on the west lime of Tract 17 herinbefore. described; then N 50 16' W 248.07' along the said west line to the point of beoxming. AND WHEREAS; it is desirable that all of the above described property be platted into lots, tracts and streets; !` NOW, THEREFORE WITNESSETH: THAT, the said Grantor, has caused said tract of land to be surveyed by Robert J. Richardson Consulting Engineers, Inc., and a plat therefore made which -is identified by the title FINAL PLAT LOTS 17A & 17B COUNTRY -CLUB ESTATES A REPLAT OF TRACT 17 and the date and by the signature of the said engineer 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 ex-officio Recorder of Pulask:,i County, Arkansas in Plat Book: Page f and the grantor does hereby make this Bill of Assurance. AND, the grantor does hereby lay off, plat and subdivide the above described real property in accordance with said plat. The lands embraced in said plat shall be forever known as: Lots inclusive 17A & 17b Country Club Estates of NW 1/4, NW 1/4, Sec 32, T -N, R=12-W in the City of Little Rock:., Pulaski County, Arkansas. The grantor hereby dedicates to the public forever an easement of way on and over the street, as shown by said plat, to be used as public streets. Said subdivision is also herein called "Addition". 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 rights of public utilities and the public. The filing 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 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 description thereof. The lots in said subdivision shall be sold by the grantors 2 L .V and shall be purchased by the buyers thereof, subject to the following covenants, to wit: 1. Use of Land. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one single- family dwelling not to exceed two and one-half stories in height and a private garage for not less than two cars. 2. Architectural, Control No building shall be erected, placed or altered on any property in this Addition until the building plans, specifications, exterior color schemes, and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations have been approved in writing by the Grantor. In the event the Grantor fails to approve or disapprove any plans specifications, exterior color scheme, or plot plan submitted to it as.herein required within thirty days after such submission, this covenant shall be deemed to have been fully met by the person submitting such plans for approval. Nothing herein contained nor the required consent of the Grantor shall in any way be deemed to prevent any of the owners of property in this Addition from maintaining any legal action relating to improvements within this Addition which they would other wise be entitled to maintain. There shall be no compensation to Grantor for the services to be performed pursuant to this provision. 3.Minimum Princioal_Dwelling Size The square foot'area of the residential portion of each principal structure shall be not less than 2400 square feet and the entire structure shall not have less than 2800 square feet under roof, unless said residen- tial portion consists of two full stories, in which case the entire structure shall have not less than 1,600 square feet under roof. The minimum square foot area under roof requirements shall be computed in a horizontal plane from outside of eave to outside of eave not including a hanging gutter. The minimum square foot area requirements shall be compuited in a horizontal plane to the outside top plate line of the principal residential structure. 4.Building Location No building shall be located on any building site 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 than a distance equal to ten percent of the width of the lot at the front building line, or ten feet, whichever is greater, to an interior lot line. No principal dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line. For the purposes of this paragraph, eaves, steps balconies and open porches shall be considered as a part of the building but open terraces or patios without roof shall not be so considered. R 5.Lot Area And Width No lot shall be subdivided without the written consent of the Grantor and the Little Rock: Planning Commission first had and obtained, and in any event no dwelling shall be erected or placed on any building site having a width of less than 75 feet at the minimum bvuilding set -back, line, nor shall any dwelling be erected or placed on any lot having an area of less than 12,000 square feet. G.Easements Easements of way for streets as shown on the plat filed herewith have heretofore been donated and dedicated to the public and the persons, firms or corporation engaged in supplying public utility services. 7.Utilitie5 All owners of lots shall install and maintain in conformity with applicable code requirements and other regulations underground telephone service conduits and cables between the point of delivery of such utility service, as located by the utility company and the point of use of such owner. All owners of lots shall dig and backJill in conformity with applicable code requirements and other regulations a ditch approximately four inches wide and eithteen inches deep from the point of service to the point of use for the installation of telephone service. Exposed overhead wire and cables for utility services and street lighting are prohibited in this Addition provided, however, that light standards and/or towers for street lighting purposes may be erected, maintained and'operated in, under and along the streets and public ways. 8. Nuisances No noxious or offensive 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 trucks, commercial vehicles or inoperative vehicles may be stored or allowed to be•park:ed on any lot other than for making routine deliveries. Owner futher agrees to keep unimproved lots free from trash, debris and overgrown vegetation. If such does accumulate and owner does not promptly remove such upon notification by Grantor, the Grantor shall have the right to perform such clean up work as is necessary and owner shall reimburse Grantor for the cost involved. 9.Temoorary Structures No trailer, basement, tent, shack, garage, barn or outbuilding-, other than guesthouse and servants quarters, erected on a building site covered by these covenants shall at any time be used for human habitation. 10.Sian5 No sign of any kind shall be displayed to the public view on any building site, except one sign of not more than five square feet advertising the property for sale or rent, or sighs used by a builder or developerto advertise the property for sale or rent, or signs used by a builder or developer to advertise the property during the construction and sales period. 4 M 11.Oil and Mining oPrations No oil drilling, oil development operations, oil refining, quarrying or mining operations of any k-ind shall be premitted 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 znuy building purpose. 12. 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. 13. Sight Ling restriction. 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 connecting 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 a line connecting them at points 50 feet from their intersection. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a height of 8 feet to prevent obstruction of such sight lines. 14. Fences No fence, wall, hedge or mass planting shall be permitted to extedn beyond the minimum from building set -back: line established herein or from the side yard building line to the street or corner losts except upon approval of the Grantor. To insure complince with the provision of Paragraph 6 above, as it relates to the erections of fences along utility. easements, no fence, wall or other structure shall be erected along property line without approval of the design, construction, and materials by the Grantor. 15. In the event of any violation or attempt to violate any of the covenants or restriction herein before the expiration date hereof (whether the oringinal expiration date or the expiration date of any extensions thereof), it shall be lawful for any person or persons owning any lots in this Addition, or any utility company owning utility facilites in any utility or street easements, to prosecute any proceedings at law or in equity against a person or persons violating or attempting to violate such covenants or restrictions, either to prevent him or them from so doing or to recover damages for such violations. 16. Amendments Any and all of the covenants, provisions and restrictions set forth in this or subsequent Bills of Assurance may be amended, modified, extended, changes or cancelled, in whole or in part, only by a written instrument signed and acknowledged by the owner or owners of over fif+Ey percent (50%) in area of all land now or hereafter platted as Country Club 5 Estates although covered by separate Bills of Assurance; provided that any such amendments must also be approved by the Little Rock Planning Commission. The provisions of any instrument amending this or subsequent Bills duly filed for record in Pulaski County, Arkansas. Provided, however, no amendment to this Bill of Assurance which closed, alters or relocates or in any manner affects any easement shall be effective unless such amendment has been executed by each utility having utilities situated in this Addition. 17. 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. 18. Driveway Obstructions. 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. 19. Modification or Restriction. 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 30 days from the date these covenants and restrictions are recorded, after which time said covenants and restrictions shall be automatically extended for successive periods 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. The considerations set forth in items 4,5,G,13,14,15,16;;- 18,19 are hereby approved by the City of Little Rock Planning Commission. Any addition 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. WITNESS our hands and seals this -A day of �pCjev APPROVED 0—N-' James E. Jack s n LITTLE ROCK PLANNING COMMISSION ACKNOWLEDGEMENT STATE OF 4kxnSAS-- i )SS + 7 COUNTY OFF 6%k-1 j BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, 3Ai/ (c TAc�[--cQ to me well known as the Grantor in the foregoing instrument, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this day ICIL of OCi''U�2 y� 19. NOTARY PUBLIC MY COMMISSION EXPIRES: I - I g'm 57-03 lo-� a/c, elo" R.""'fir'-AMR-2 ��l1JJ.�WPC a- S 4r- NO ME M&