HomeMy WebLinkAboutS-0574-C Application153
City of Little Rock,Ark.
Filing Fees
Date:- ig
Annexation $
Bd.of Adjustment $
Cond. Use Permit $
Final plat $ f
Planned Unit Dev. $
Preliminary Plat $
Special Use Perw c�Rk T�-.
Rezoning $ -�
�ruNs
Site Plans 01
Right of way f��1174E
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Street name change $
Street name signs
Number —at —ea $
Total $ 37 1
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City of Little Rock
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CL3 PU=_IC WORKS DEPT.
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BILL OF ASSURANCE
LOTS 12 THRU 38, INCLUSIVE, BLOCK-1
LOTS 5 THRU 20, INCLUSIVE, BLOCK-3
CRYSTAL VALLEY MANOR,
AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS
THAT WHEREAS, Diamond Development Inc., an Arkansas corporation (hereinafter called "Granter"),
is the owner of the following property:
PART OF THE NE1/4, SE1/4 OF SECTION 32, T-1-N, R-13-W, LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NW CORNER OF THE NE1/4, SE1/4 OF SECTION 32; THENCE
S01058'39"W ALONG THE WEST LINE OF SAID NE1/4, SE1/4 AND THE WEST LINE OF
CRYSTAL VALLEY MANOR ADDITION 651.05' TO THE POINT OF BEGINNING (SAID POINT
ALSO BEING THE SW CORNER OF LOT 39, BLOCK-1 OF CRYSTAL VALLEY MANOR
ADDITION); THENCE IN AN EASTERLY DIRECTION ALONG THE SOUTH LINE OF CRYSTAL
VALLEY MANOR ADDITION THE FOLLOWING COURSES: S88°02'01"E 117.08'; S02°41'48"W
6.64'; S87029'21"E 425.98'; N01057'59"E 42.00'; S87°29'21"E 114.18'; S01°53'11"E 42.12';
THENCE S01058'39"W 659.85' TO A POINT ON THE SOUTH LINE OF SAID NE1/4, SE1/4;
THENCE N87030'09"W ALONG THE SOUTH LINE OF SAID NE1/4, SE1/4 660.00' TO THE SW
CORNER THEREOF; THENCE N01°58'39"E ALONG THE WEST LINE OF SAID NE1/4, SE1/4
665.53' TO THE POINT OF BEGINNING, CONTAINING 10.13 ACRES, MORE OR LESS.
AND WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter
mentioned, be subdivided into building lots, tracts and streets as shown on the plat filed herewith, and that
said property be held, owned and conveyed subject to the protective covenants herein contained, in order
to enhance the value of Crystal Valley Manor.
NOW THEREFORE, the Grantor has caused the above described land to be surveyed by
McGetrick Engineering, Inc., Engineers and Land Surveyors and a plat made thereof, identified by the
title "Final Plat, Lots 12 thru 38 Inclusive, Block-1, Lots 5 thru 20 Inclusive, Block-3, Crystal Valley
Manor, Little Rock, Arkansas". The plat bears the signatures and seals of Robert C. Lowe, Jr., Registered
Professional Land Surveyor and Patrick M. McGetrick, Registered Professional Engineer, the signatures
of the Grantor, a Certificate of Approval by the Little Rock Planning Commission and is filed for record
in the records of the Circuit County Clerk of Pulaski County Arkansas as Plat #
The Grantor hereby donates and dedicates to the public an easement of way on, over and under
the streets 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 access and/or utilities which The Grantor hereby donates and
dedicates to and for the use of public utilities, the same being, without limiting the generality of the
foregoing, electric power, gas, telephone, water, sewer and cable television 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.
The filing of this Bill of Assurance and Plat for record in the office of the Circuit County Clerk
and Ex-Officio Recorder of Pulaski 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 the Plat shall be forever known as "Crystal Valley Manor, Little Rock,
Arkansas" and any and every deed of conveyance of any lot in Crystal Valley Manor
describing the same by the number 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:
1. Lot Area and Width. No lot shall be re -subdivided into nor shall any dwelling be erected or
placed on any lot or building site having a width of less than Fifty (50) feet at the building line or an area
of less than Seven Thousand (7000) square feet.
2. Set -back Requirements. No building or fence is to be constructed on any Lot nearer than the
building line noted on the Plat. The rear yard shall be Twenty -Five (25) feet except where noted
otherwise on the Plat. The side yard set -back shall be, for the main structure, Ten percent (10%) of the
average width of the Lot, provided such side yard need not exceed Eight (8) feet in width, and accessory
structures related to residential use shall be located at least Sixty (60) feet from the front property line, and
may be placed no less than Five (5) feet from the side Lot line.
3. Easements. No buildings, fences, incinerators, paved driveway, or any permanent structure or
improvement of any kind, whether herein specifically enumerated or not, shall be built or maintained
within the area of any the of the easements shown on the Plat, and in the event any such obstruction is
placed therein in violation of this restriction and reservation, no utility an/or public agent will be liable for
destruction of same in constructing and maintaining its facilities located within the area of said easement.
4.. Sight Line Restrictions. No fence, wall, hedge, or shrub planting or other obstacle which
obstructs sight lines at elevations of more than Thirty (30) inches above the roadways shall be permitted to
remain on any corner lot within the triangular area formed by the street lines 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 (50) feet from their intersection. No tree shall be permitted to remain within such distance of
such intersections. No tree shall be permitted to remain within such distance of such intersections unless
the foliage line is maintained at a height of Eight (8) feet to prevent obstructions of such sight lines.
5. Curbs and Gutters. 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. Land Use and Building Type. The land shall be restricted to a single family residential usage
only, and no building shall be erected, altered, placed or permitted to remain on any Lot other than one
single family dwelling not to exceed tow and one-half (2 ''/2) stories in height, and a private garage for not
more than Two (2) cars.
7. Minimum Principgj Dwelling Size. No single family one-story structure shall ever be
constructed or erected on any Lot, Lots, or building sides on the Lots unless the heated area of the main
residential structure is not less than One Thousand (1,000) square feet, and said structure must contain at
least One Thousand (1,000) square feet of total floor area. In the case of a tri-level structure, the total
heated area of all levels of the main structure shall be no less than One Thousand (1,000) square feet and
said structure must contain at least One Thousand (1,000) square feet of total floor area. In the case of a
two-story structure or a structure with a lower level or basement, the total heated area of both levels of the
main residential structure shall be not less than One Thousand One Hundred (1,100) square feet and said
structure must contain at least One Thousand One Hundred (1,100) square feet of total floor area.
8. Architectural Control. Neither any division of the Land into two or more parcels nor any
improvement, building, wall, fence, parking area, signs or any other change from the natural state o the
Land shall be made, erected or placed concerning or on the Land until complete plats, building and
landscaping plans, specifications, and plot plan showing the location thereof with respect to existing
topography, easements, finished ground elevations, structural design, colors and materials therefor, signs
and landscaping have been approved in writing by the Grantor or its designee, successors or assigns,
whose decision shall be final, conclusive and binding upon the applicant. In the event the Grantor, its
designee, successors or assigns, fails to approve or disapprove any plans and specifications for a proposed
improvement within Ten (10) days after submission to it or if no suit to enjoin the erection or placing of
such improvements has been commenced prior to the completion thereof, such approval as to such
improvement will not be required and this covenant will then be deemed to be fully complied with as to
such improvement.
9. Noxious Activitv. 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 subdivision. No vehicle
may be stored or allowed to be parked on any Lot unless said vehicle is in good operative condition.
10. 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.
11. Temporary Structures. No trailer, basement, tent, shack, garage, servants quarters or other
outbuilding, located on any residential Lot shall be used as a main residence, temporary or permanent, nor
shall any other structure of a temporary character be used as a main residence. The moving of any
existent structure upon and to this property is prohibited. Mobile homes, trailers and motorized campers
shall be parked only in the rear of any dwelling.
12. Signs. The construction, erection or maintenance of a sign or billboard on any Lot or
building site is specifically prohibited; provided, that a sign or billboard advertising the rental or sale of
such property is permitted, provided it does not exceed Three (3) square feet in size, unless specific
written consent is obtained in advance from the Grantor, for the temporary installation of a larger sign.
For ecological reasons, it is suggested that, whenever possible, signs or any other item shall not be
attached to any tree.
13. Oil and Mineral Operations. No oil drilling, oil development operations, 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.
14. Duration. 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 Thirty (30) years from the date these
covenants and restrictions are recorded, after which time said covenants and restrictions shall be
automatically extended for successive periods of Ten (10) years, unless the 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.
15. Amendments. These covenants and restrictions shall not be amended, canceled or
supplemented unless an instrument signed by at least Eighty Percent (80%) 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. The right to amend, modify, extend,
change, and/or cancel shall exist at all times during the Thirty (30) year period after this Bill of Assurance
is recorded, and shall also exist at all times during each and every one of the successive Ten (10) year
periods provided for herein.
16. Violations. 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 owning a Lot or Lots in the
subdivision to prosecute any proceedings at law or in equity against the person or persons violating or
attempting to violate any of the covenants or restrictions herein or to recover damages or pursue any other
remedies for such violation.
17. Separability. The invalidation of any one of these covenants or restrictions by judgment or
court order shall in no way affect any of the other provisions which shall remain in full force and effect.
The Bill of Assurance shall be applied to the Final Plat as approved by the Little Rock Planning
Commission. Any dedication or restriction shown on either document shall be considered to appear on
both and should any discrepancy appear, the Final Plat shall govern.
EXECUTED this 2 y today of _ NE , 1996.
Diamond Development Inc.
ATTEST:
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
BE IT REMEMBERED, that on this day, came before me, a Notary Public, duly commissioned
and acting for the state and county aforesaid J ►yc Ws 74:rr s and stated that as an
authorized official of Diamond Development Inc., Grantor in the foregoing Bill of Assurance, had
executed the same for the purpose stated therein.
I WITNESS WHEREOF, I have set my hand and seal this day of
1996.
Notary Public
My Commission Expires:
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