HomeMy WebLinkAboutS-0579-D Application755 1 05'1V A/c
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M E M O R A N D U M
TO: Van McClendon
FROM: Carroll Ball
SUBJECT: Final Subdivision Plats
Langston Acres Addition, Phase 2:
On Sept 18, 1989 I approved construction of streets and drainage facilities.
I do not recall having seen a copy of the final plat for review. BobRichardsen
indicates that he wants to file the plat. Do you have a copy I can see?
MALL 12-11-89
LANGSTON ACRES PHASE 2
PLAT AND BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, SIMMONS FIRST NATIONAL BANK OF PINE
BLUFF, ARKANSAS, is the owner of the following described land
lying in the County of Pulaski, State of Arkansas, to -wit:
LEGAL DESCRIPTION
Part of the NE SW Section 12, T-1-S, R-13-W, City of Little Rock,
Pulaski County, Arkansas; more particularly described as follows:
Commencing at the NE Corner NE SW Section 12, T-1-S, R-13-W, City
of Little Rock, Pulaski County, Arkansas; thence S89 16'45"W
761.07' along the north line of the said NE SW; thence S00
59'31W 377.81' to the Point of Beginning; thence N89 13'11"E
300.95';thence N00 54'59"E 18.71; thence N89 13'11"E 150.0';
thence S00 55'W 215.0' to the NW Corner of Lot 31 Langston Acres
Phase 1 and the NW Corner of Langston Acres Phase 1; thence S00
55'W 300.0' along the west line of Langston Acres Phase 1 to the
NW Corner of Lot 19 Langston Acres Phase 1; thence S34 38'7"W
31.78' along the said west line of Langston Acres Phase 1 to a
point on the north R/W line of Langston Lane 50' R/W; thence S34
37'14"W 50.07' to a point on the south R/W line of Langston Lane;
thence N55 22'49"W 3.47' along the south R/W line of Langston
Lane; thence S00 53'22"W 95.68,' along the hereinbefore said west
line of Langston Acres Phase 1; thence S89 13'11"W 50.0' along
the said west line of Langston Acres Phase 1 to a point on the
east line of Tract A, a replat of part of Langston Acres Phase 1;
thence S00 53'22"W 202.0' along the said east line of said Tract
A to the SE Corner of said Tract A; thence S89 13'11"W 100.0'
along the south line of said Tract A to the SW Corner of said
Tract A; thence N00 53'22"E 193.77' along the west line of said
Tract A; thence S89 13'11"W 253.571; thence N00 59'31"E 665.0'
to the Point of Beginning; containing 7.24 acres more or less.
Said tract containing 7.24 acres more or less and it is
deemed desirable that the above described property be now
subdivided into building lots and streets as shown on the
attached plat, and that said property be held, owned and conveyed
subject to the protective covenants herein contained;
NOW, THEREFORE, the Allotter, for and in consideration of
the benefits to accrue to it, which benefits it acknowledges to
be of value, has caused to be made a plat hereto attached,
showing survey made September 8, 1987, signed by Robert J.
Richardson, Registered Professional Engineer, and bearing a
certificate of approval executed by the Little Rock Planning
Commission, and showing the bounds and streets; and 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
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utilities, which Allotter hereby donates and dedicates to and for
the use of public utilities, the same being, without limiting the
generality of the foregoing, electric power, telephone water and
sewer, with the right hereby granted to the persons, firms or
corporations engaged in the supplying of such utility services,
and to the extent forth herein only, to the owners of abutting
lots, to use and occupy such easements and to have free ingress
and egress therefrom for the installation, maintenance, repair
and replacement of each utility services. Said utility easements
shall also be subject to use by the owners of abutting lots for
the sole purpose of installing and maintaining such underground
electric and telephone service conductors as may be necessary to
connect the service lines of owners to the service pedestals
installed by the said utilities.
In addition to the above mentioned easements for utilities
there is an easement labeled "35' Common Access and Utility
Easement" across Lot 33 thru Lot 37 inclusive. The purpose of
the common utility and access easement so labeled is to provide
private access to lots 33, 34, 35, 36, and 37 and for utility
easements with all rights to utilities and other lot owners
within the subdivision as outlined above. The maintenance of the
private access road shall be the equal responsibility of the
owners of Lots 33, 34, 35, 36, and 37. The Owners of these lots
may apporve maintenance by a simple vote of the majority and file
liens upon the lots of whichever Owner will not participate in
the improvements.
The filing of this Plat and Bill of Assurance for record in
the office of the Circuit Clerk & Ex-Officio Recorder of Pulaski
County, Arkansas, will be a valid and complete delivery and
dedication of the streets and easements subject to the
limitations herein set out.
The lands embraces in said Plat shall be forever known as
"LANGSTON ACRES PHASE 2" addition to the City of Little Rock,
Arkansas, and any and every deed of conveyance for any lot in
said Addition describing the same by the number or numbers shown
on said Plat shall always be deemed a sufficient description
thereof.
The Allotter hereby reserves the right to use any surplus
dirt in said streets for the use and benefit of such persons,
firms or corporations as it may specifically designate and for
its own use.
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 canceled
which shall be perpetual, shall be and remain in full force and
effect until January 1, 2029, to -wit:
1. LAND USE AND BUILDING TYPE. Said lands herein platted
shall be held, owned and used only as residential building sites
except as otherwise shown on said plat. No structures shall be
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erected, altered, placed or permitted to remain on any
residential building site other than a single detached single-
family dwelling, a private garage for storage of passenger cars
owned or used by residents (storage of trucks being prohibited),
guesthouse, servants' quarters, and other outbuildings incidental
and related to residential use of the premises. Structures shall
not exceed two and one-half stories in height when seen from the
front or principal street facade.
2. ARCHITECTURAL CONTROL. No building shall be erected,
placed or altered on any property in this Addition until the
building plans. specifications, exterior color scheme 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 Allotter,
provided that Allotter shall have the right, by an instrument in
writing to transfer to the Langston Acres Property Owners
Association the full authority herein reserved to Allotter. In
the event Allotter, or the Property Owners Association, fail to
approve or disapprove any plans, specifications, exterior color
scheme, or plot plan submitted to them 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 Allotter or the Property Owners Association shall in this
Addition from maintaining any legal action relating to improve-
ments within this Addition which they would otherwise be entitled
to maintain. There shall be no compensation to Allotter or The
Property Owners Association for the services to be performed
pursuant to this provision.
3. MINIMUM PRINCIPAL DWELLING SIZE. On building lots of
100-foot frontage or less, the square foot area of the
residential portion of each principal structure shall be not less
than 700 square feet, and the entire structure shall not less
than 700 square feet under roof. On building lots having
frontage in excess of 100 feet, the square foot area of the
residential portion of each principal structure shall have not
less than 700 square feet under roof. The minimum space 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 computed 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 eight feet, whichever is less, to an
interior lot line. No principal dwelling shall be located on any
interior lot nearer than 15 feet to the rear lot line. For the
purposes of this paragraph, eaves, steps, balconies, and open
terraces or patios without roofs shall not be so considered.
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5. LOT AREA AND WIDTH. No lot shall be subdivided without
written consent of the Allotter, or the Property Owners
Association, and Little Rock Planning Commission first had and
obtained, and in any event no dwelling shall be erected or placed
on any lot having an area of less than 700 square feet.
6. EASEMENTS. Easements of way for streets as shown on
plat filed herewith have heretofore been donated and dedicated to
the public, and the persons, firms or corporations engaged in
supplying public utility of the foregoing, electric power, gas,
telephone, water and sewer, shall have the right to use and
occupy said easements of way and streets for the installation,
maintenance, repair and replacement of such utility services.
Easements for the installation, maintenance, repair and replace-
ment of utility services, sewer and drainage have heretofore been
reserved, 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. The electric and
telephone facilities are underground, and it is necessary for the
electric and telephone utilities to have separate easements for
their service pedestals and transformer vaults. Therefore,
certain easements ten feet by ten feet, as shown on the plat, are
hereby dedicated solely for such electric and telephone utility
purposes. Any alterations or lowering of the surface grade of
the ground in any easement and the area immediately adjoining
such easements are prohibited which would result in there being
less than 30 inches of clearance either vertically or
horizontally between the surface grade and the underground
electric cables and conductors supplying electric power and
service, and as the electric distribution transformer stations
and service pedestals are located on surface grade, fills within
the area of the said easements and upon the lands adjacent
thereto which will damage or which will interfere with the
installation, maintenance, operation and replacement of the
electric and telephone cables, facilities and equipment, and the
supplying of services from such equipment are also prohibited.
No trees, incinerators, structures, buildings or similar
improvements shall be grown, built or maintained within the area
of such utility easements. No excavations within the area of
such easements for the erection of any fences (wood, wire, stone
or brick) or for any other purposes shall be made which would
interfere with the installation, maintenance, repair and
replacement of any utility service. In the event any trees,
incinerators, structures, buildings, fences, pavement or similar
improvements shall be grown, built or maintained within the area
of such easement, no utility will be liab-le for the destruction
of same in the installation, maintenance, repair or replacement
of any utility service located within the area of such easement.
7. UTILITIES. All owners of lots shall install and
maintain in conformity with applicable code requirements and
other regulations underground service laterals and/or electric
service entrance conductors of adequate capacity in a conduit
having a minimum inside diameter of two inches and underground
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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. Only single phase
electrical utilization equipment shall be installed or maintained
in any residential lot. All owners of lots shall dig and
backfill, in conformity with applicable code requirements and
other regulations, a ditch approximately four inches wide and
eighteen inches deep from the point of service to the point of
use for the installation of telephone service.
8. NUISANCES. No noxious or offensive activity shall be
carried on upon any lot, nor shall anything be done thereon which
may be or may become an annoyance or nuisance to the
neighborhood. No trucks, commercial vehicles or inoperative
vehicles may be stored on the premises or parked on the premises
other than for making routine deliveries.
9. DWELLING STRUCTURES. All dwellings shall be of
traditional or modular construction permanently attached to a
foundation consisting of poured concrete footings and masonry or
concrete foundation walls.
10. TEMPORARY STRUCTURES. No trailer, basement, tent,
shack, garage, barn or other outbuilding, other than guesthouse
and servant quarters, erected on a building site covered by these
covenants shall at any time be used for human habitation,
temporarily or permanently, nor shall any structure of a
temporary character be used for human habitation.
11. SIGNS. 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 signs used by a builder or developer to advertise the property
during the construction and sales period.
12. OIL AND MINING OPERATIONS. No oil drilling, oil
development operations, oil refining, quarrying or mining
operations or 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.
13. LIVESTOCK AND POULTRY. No animals, livestock or
poultry of any kind shall be raised or kept on any building site,
except that dogs, cats— or other household pets may be kept
provided that they are not kept or maintained for any commercial
purpose.
14. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge
or shrub planting which obstructs sight lines at elevations of
more than 30 inches above the roadways, shall be placed or
permitted to remain in any corner lot within the triangular area
formed by the street property lines and a line connecting them at
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points 25 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 con-
necting them at points 25 feet from their intersection. The same
sight line limitations shall apply on any lot within ten 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 distances of such intersections unless the
foliage line is maintained at the height of 8 feet to prevent
obstruction of such sight lines.
15. FENCES. No fence, wall, hedge, or mass planting shall
be permitted to extend beyond the minimum front building set -back
line established herein or from the side yard building line to
the street on corner lots._ The design, construction and
materials of any fence or wall must be approved by the Allotter
or the Property Owners Associations, as provided in paragraph 2
above.
16. ACCESS. No obstruction shall be placed in the street
gutter. Curbs shall be broken at driveways and driveway grades
lowered to meet the gutter line not more than two inches above
the gutter grade.
17. PROPERTY 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 attached plat are center line curve data. In the event of
minor discrepancies between the dimensions or distances as
on the attached plat and the actual dimensions or distances as
disclosed by the established pins, the pins as set shall control.
18. No lot, improved or unimproved, may be sold by the
owner thereof unless and until the owner thereof shall have
received a bona fide offer for the purchase thereof in writing
and shall have given notice of such offer in writing to the
Langston Acres Property Owners Association of the name or names
of the offeror and the price, terms and conditions of such offer.
Whereupon, said Property Owners Association shall have a prior
right to purchase said lot at the same price and upon the same
terms and conditions as are contained in such offer. Notice of
such offer shall be given to said Property Owners Association by
registered mail, addressed to the President, Vice -President or
Secretary of such Association at the residence or office address
of such officer. The prior right of purchase herein given shall
expire at 5:00 p.m. on the tenth day following the mailing of
notice of such offer, excluding the day of mailing as the first
day, and the mailing of such notice shall be deemed valid and
effective whether or not the same in fact is actually delivered
to said officers. The right of purchase may be exercised by
giving notice thereof and delivering the same by registered mail,
showing the date and time thereof, to the seller at the last
known address of seller. Upon the exercise of the right of
purchase, The Property Owners Association shall thereupon have 15
IN
days within which to make payment and accept title to said lot
and improvements. If the Property Owners Association shall not
exercise the right of purchase or shall waive such right of
purchase in writing and the seller shall thereafter fail to
convey the lot to the party making the offer at the price and
upon the terms and conditions thereof, the above restrictions
against the sale thereof without giving notice of an offer
therefore shall continue in full force and effect and the right
of purchase shall apply with respect to any new offer or
subsequent offer without regard to time. The Property Owners
Association may at all times waive in writing the right of
purchase which they have hereunder. This covenant shall run with
the land and shall be binding on all owners and successive owners
of lots in this Addition; provided, however, that this covenant
shall expire thirty years after the date of the filing of this
Bill of Assurance, unless this covenant be extended beyond said
thirty-year period for a new period not exceeding thirty years
by a written instrument signed and acknowledged by the owner or
owners of over 50% in area of the land in this Addition, and
further extensions may be affected in like manner.
19. In the event of any violation or attempt to violate any
of the covenants or restrictions herein before the expiration
date hereof (whether the original expiration date or the
expiration date of any extension thereof), it shall be lawful for
any person or persons owning any lots in this Addition, or any
utility company owning utility facilities in any utility or
street easement, 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.
20. PROPERTY OWNERS ASSOCIATION. The purchaser or owner of
any property in the Addition, by acceptance of title, agrees to
become and shall be a member and have membership in the Langston
Acres Property Owners Association.
Any purchaser or owner of properties within said Addition
agrees to pay to said Association annual dues or assessments for
such purposes, the amount of which may be fixed by its By-laws or
by lawful act of its Board of Directors (all of whom must be
owners and residents of said Addition), not exceeding, however,
in any one year five mills for each square foot of land in the
property by him purchased or owned.
A lien shall exist and shall continue to exist on each lot
in the Addition for the amount of annual dues or assessments so
fixed until the same is fully paid. The Association shall have
the right, power and authority to add a penalty not to exceed 20%
for failure to pay such annual dues or assessments and to enforce
the collection of all dues, assessments and penalties, if not
paid within a time to be fixed by it, by proceedings in the
Chancery Court of Pulaski County, Arkansas, the same as other
lines are enforced on lands located in said county and said lien
shall cover and include said penalties and all costs incurred in
enforcing same.
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The Articles of Incorporation and By-laws of said
Association provide that such purchaser or owner of a lot in said
Association shall be entitled to one vote at all elections and on
all other matters that may come before a meeting or the members,
provided that if any member of said Association shall be the
purchaser or owner of more than one lot in said Addition he shall
be entitled to as many votes as the number of lots purchased or
owned by him. Allotter shall be entitled to and obligated to
accept membership on said Association and shall pay dues or
assessments with respect to the unsold lots in said Addition.
21. AMENDMENTS. Any and all 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 over 50% in area of the land in this Addition, and
approved by the Little Rock Planning Commission, and the
provisions of such instrument so executed shall be binding from
and after the date it is duly filed for record in Pulaski County,
Arkansas. The covenants, restrictions and provisions of the
instrument shall by deemed covenants running with the land and
shall remain in full force and effect unless and until amended or
canceled as authorized hereinabove. Provided, however, no
amendment to this Bill of Assurance which closes, alters,
relocates or in any manner affects any easement shall be
effective unless such amendment has been executed by each utility
having facilities situated in this Addition.
22. SEPARABILITY. Invalidation of any restriction set
forth herein, or any part hereof, 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.
The considerations set forth in items one through twenty two
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 Whereof, the said Grantor has hereunto affixed
its corporate seal and caused these presen s to be executed by
its duly authorized officers on the day of 7;� Gv _ ,
Ax n:Uir
ational Bank
7
Loan Administrative OfTicer
SIM ❑NS FIRST TIONAL BANK
By. l�
Assistant Vi e President
LITTLE ROCK PLANNING
COMMISSION APPROVED
47
STATE OF ARKANSAS)
COUNTY OF �)
ON THIS `aSr•
a Notary Public, duly
with in and for the
within named
ACKNOWLEDGMENT
day of 19 ►`i $Clbefore me,
commission8d, qualified and acting,
said County and State, appeared the
and S" 'S'
to me well know, who stated that they are the Assistant
Vice President and Loan Admi is ative Officer of
�Arkansas corporation and
were duly authorized in such capacity to execute the
foregoing Plat and Bill of Assurance for and in behalf of
said Corporation and further acknowledged that they had
signed, executed and delivered the foregoing Warranty Deed
for the consideration, purposes and uses therein
specified.
IN WITNESS WHEREOF, I hereunto set my hand and seal
this TSs3� day of 19VA .
My Commission Expires:
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