HomeMy WebLinkAboutS-0556-C ApplicationBILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, Darbe Development Company, an Arkansas cor-
poration (hereinafter called "Allotter" or "Darbe"), is the owner
of the real property located in Pulaski County, Arkansas,
described in the attached Exhibit "A' and incorporated herein.
WHEREAS, it is deemed advisable that all of the described
real property set forth in Exhibit "A", be now subdivided into
building lots as shown on the attached Plat, and that said pro-
perty be held, owned and conveyed subject to the protective cove-
nants herein contained, in order to enhance the value of the said
property.
WHEREAS, it is deemed advisable that all of the above
described property shown on the Plat, be now subdivided into
building lots and streets as shown on the Plat, and that said
proeprty be held, owned and conveyed subject to the protective
covenants herein contained, in order to enhance the value of the
said property.
NOW THEREFORE, the Allotter, for and in consideration of the
benefits to accrue to it, its successor and assigns, which.bene-
fits it acknowledges to be of value, has caused to be made the
Plat, filed herewith, showing a survey made by Timothy E. Daters,
Registered Engineer, dated September, 1989, and bearing a
Certificate of Approval executed by the Department of
Comprehensive Planning of the City of Little Rock, and showing
the bounds and dimensions of the property now being subdivided
into lots and streets.
Allotter hereby donates and dedicates to the public an ease-
ment of way on, over and under the streets on Plat to be used as
public streets. In addition to the said streets and center
islands, there are shown on Plat certain easements for drainage
and utilities which Allotter hereby donates and dedicates to and
for the use by 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 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 Clerk and Ex-Officio Recorder of
Pulaski County shall be a valid and complete delivery and dedica-
tion of the streets and easements subject to the limitations
herein set out.
The lands embraced in said plat shall be forever known as
"lots 29-37, Pleasant Heights (Phase II), an Addition to the City
of Little Rock, Arkansas" and any and every deed of conveyance of
any lot in such addition describing the same by the number 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 its own use and benefiti and for the use
and benefit of any other person, firm or corporation as it may
specifically designate from time to time.
Said land herein platted and any interest therein shall be
held, owned and conveyed subject to and in conformity with the
following covenants:
1. Use of Land. The land herein platted shall be held,
owned and used only as residential building sites. No structures
shall be erected, altered, placed or permitted to remain on any
building site other than a single detached single-family resi-
dence. Each residence erected or maintained upon the land
platted herein shall have a two -car carport or garage unless the
requirement for such attachment is waived in writing by the
Allotter.
2. Architectural Control. No building shall ble erected,
placed or altered on any property in this addition until the
building plans and 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 aprpoved, in writing, by the
Allotter. In the event the Allotter fails to approve or
disapprove any plans, specifications, exterior color scheme or
plot plans within thirty days after being submitted to it, such
plans, specifications, exterior color scheme or plot plans shall
be deemed to fully meet the requirements of this covenant.
Nothing contained in this covenant nor any consent by the
Allotter shall in any way be deemed to prevent any owner of pro-
perty in this addition from enforcing any legal rights which such
owner may have as to any improvement in this addition.
3. Delegation of Authority. The Allotter has created the
Pleasant Heights Property Owners Association, Inc., a non-profit
corporation. The Allotter shall ahve the right, but not the
obligation, by a written instrument recorded in the office of the
Records for Pulaski County, Arkansas, to delegate, conveyand
transfer to such corporation all authority, rights, privileges
and duties reserved by the Allotter in this Bill of Assurance,
including but not limited to architectural control, modification
of setback requirements and consent to construction of out-
buildings.
4. Creation of ❑bligation for Assessments. By acceptance
of a deed or other conveyance of property covered by this Bill of
Assurance each Owner shall be deemed to covenant and agree to pay
any assessments, charges and/or special assessments which may
hereinafter be levied by the Pleasant Heights Property Owners'
Association, for the purpose of promoting the recreation, health,
safety and welfare of the owners, in particular for the acquisi-
tion, servicing, improvement and maintenance of Common Properties
and facilities which may be hereafter dedicated for use by
Allotters.
5. Height and Type of Residence. No residence shall be
created, altered, placed or permitted to remain on any lot in
this addition other than one detached single-family residence not
to exceed two and one-half stories in height.
6. Setback Requirements. No residence shall be located on
the lot nearer to the front lot line, rear lot line or nearer to
the side street line than the minimum building setback lines
shown on the recorded Plat; provided, such setback requirement
may be modified if such modification is approved by the Allotter
and the Little Rock Planning Commission or the Little Rock Board
of Adjustment, or such other regulatory agency as may succeed to
their functions. No building shall be located nearer to an
interior lot side line than a distance of 10% of the average
width of the lot, provided, however, that such distance need not
exceed 10 feet. No principal dwelling shall be located on.any
lot nearer than 25 feet to the rear lot line. For the purposes
of this covenant, eaves, steps and porches not under roof shall
not be considered as a part of the building.
7. Minimum Square Feet Area. No residence shall be
constructed or permitted to remain on any building site in this
addition unless the finished heated living areas, exclusive of
porches, patios, carports, garages, breezeways, exdterior stair-
ways, porte cocheres, storage areas and out -buildings, shall
equal or exceed that shown in the following schedule:
Lot Number
All Lots in
Phase II
ONE STORY SPLIT LEVEL OR MULTI -STORY
Minimum Sq. Ft. Minimum Square Feet
2,600 2,800
Finished heated living area shall be measured in a horizontal
plane to the face of the outside wall on each level.
8. Height of Other Structures. No structure of any kind,
including but not limited to any radio or television antenna or
tower, shall be built or permitted to remain upon the lot if the
height of such structure is more than six feet higher than the
ridge line of the residence upon such lot.
9. Frontage of Residence on Streets. Any residence erected
on any lot in this addition shall front or present a good fron-
tage on the streets designated in the plat, and for this purpose
as applied to all inside lots, it shall mean that the residence
shall front on the street designated, and on any corner lot it
shall mean that the residence shall front on one of the streets
designated in the plat, or may be oriented to intersection.
10. Commercial Structures. No building or structure of any
type may ever be placed, erected or used for business, pro-
fessional, trade or ocmmercial purposes on any portion of any
lot. This prohibition shall not apply to any business or struc-
ture that may be placed on any lot or portion of a lot that is
used exclusively by a public utility company in connection with
the furnishing of public utility services to this addition.
11. Outbuildings Prohibited. No outbuildings or other
detached structure appurtenant to the residence may be erected on
any of the lots hereby restricted without the consent in writing
of the Allotter and the approval in writing of the City of Little
Rock.
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. Noxious Activity. No noxious or offense trade or acti-
vity shall be carried on upon any lot, nor shall any trash, ashes
orother 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.
14. Billboards Prohibited. The construction or maintenance
of billboards or advertising boards or structures on any lot is
specifically prohibited, except that billboards advertising the
sale or rental of such property are permitted, provided they do
not exceed eight square feet in size.
15. Oil and Mineral Operations. No oil drilling, oil deve-
lopment operating, 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.
16. Cesspool. No leaching cesspool shall ever be
constructed or used on any lot.
17. Existing Structure. No existing, errected building or
structure of any sort may be moved onto or placed on any of the
above described lots.
18. Temporary Structure. No trailer, tent, shack, garage,
barn or other outbuilding other than a guest house and servants'
quarters erected on a building site covered by these covenants
shall at any time be used for human habitation, temporary or per-
manently, nor shall any structure of a temporary character be
used for human habitation.
19. Easements for Public Utilities and Drainage. Easements
for the installation, maintenance, repair and replacement of uti-
lity services, sewer and drainage have heretofore been donated
and dedicated, 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. No trees, shrubbery,
incinerators, structure, buildings, fences or similar improve-
ments shall be grown, built or maintained within the area of such
utility or drainage easement. In the event any trees, shrubbery,
incinerators, structures, buildings, fences or similar improve-
ments shall be grown, built or maintained within the area of such
easement, no person, firm or corporation engaged in supplying
public utility services shall be liable for the destruction of
same in the installation, maintenance, repair or replacement of
any utility service located within the area of such easement.
20. Common Driveway Easement. In addition to the aforesaid
utility easements, the Grantor hereby creates and establishes two
(2) common private driveway easements, one as shown on plat, for
the common use of the owners of Lots 35, 36 and 37; one for the
common use of the owners of Lots 29, 30, 31, 32, 33 and 34; the
property abutting said easements, in connection with which such
owners have the joint and several right to establish an obliga-
tion to maintain a paved surface on said easements.
21. Fences. No fences, enclosure or part of any building or
any type or nature whatsoever shall ever be constructed, erected,
palced or maintained closer to the front lot line than the
building setback line applicable and in effect as to each lot;
provided, however, that chain link or similar fences are in all
events strictly prohibited and shall not be used under any cir-
cumstances; provided, further, that it is not the intentions of
this paragraph to exclude the use of evergreens or other shrub-
bery to landscape the front yards. Moreover, no automobile,
truck, trailer, tent or temporary structure of any nature what-
soever shall ever be parked, located or otherwise maintained on
any lot, provided that it is not the intention of this paragraph
to exclude the temporary parking of passenger automobiles on any
portion of the garage driveway.
22. Sight Line Restriction. No fense, wall, hedge or shrub
planting which obstructs sight lines at elevations between two
and six feet above the roadways, shall be placed or permitted to
remain on any corner lot within the triangular area formed by the
street property lines and a line connecting them at points fifty
(50) feet from the instersection 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-
nection them at poitns fifty (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 eight feet to prevent obstruction of such sight lines.
The same sight line limitations shall apply on any lot within ten
feet of the intersection of the street property line with the
edge of a driveway or alley pavement.
23. 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 filed herewith its center line curve data.
In the event of minor discrepancies between the dimensions or
distances as shown on the attached plat and the actual dimensions
and distances as disclosed by the established pins, the pins as
set shall control.
24. Driveway Obstructions. No obstruction shall be placed
in the street gutter. Curbs shall be broken at driveways,,and
driveway grades lowered to emet the gutter line not more than two
inches above the gutter grade.
25. Ground Frontaqe. No lot shall be subdivided.
26. Right to Enforce. The restrictions herein set forth
shall run with the land and shall bind the present owner, its
successors and assigns, and all parties claiming by, through or
under it shall be taken to hold, agree and covenant with the
owner of the lots hereby restricted, and with its successors and
assigns, and with each of them to conform to and observe said
restrictions as to the use of said lots and the construction of
improvements thereon, but no restriction herein set forth shall
be personally binding upon any corporation, person or persons,
except in respect to breaches committed during its, his or their
term of holding title to said land, and Allotter, its successors
and assigns, and also the owner or owners of any of the lots
hereby restricted shall have the right to sue for and obtain an
injunction, prohibitive or mandatory, to prevent the breach of or
to enforce the observance of the restrictions above set forth, in
addition to ordinary legal action for damages and failure to
Allotter, its successors or assigns, or any owner or owners of
any lot or lots in this addition to enforce any of the restric-
tions herein set forth at the time of its violation shall, in no
event be deemed to be a waiver of the right to do so thereafter.
27. Modification of Restrictions. Any and all of the cove-
nants, provisions or restrictions set forth in this Bill of
Assurance may be amended, modified, extended, changed or can-
celled, in whole or in part, by a written instrument signed and
acknowledged by the owner or owners of more than 50% in area of
the total land contained within this addition and all additional
property which Allotter has reserved the right to plat in the
future as part of Pleasant Heights, an Addition to the City of
Little Rock, by obtaining preliminary plat approval from the
City of Little Rock as to approximately 12 acres, provided only
Darbe can amend, modify, extend, change or cancel any covenant
provision or restriction as long as it owns a Lot in any par-
ticular Phase of said Addition. The provisions of such instru-
ment so executed shall be binding from and after the date it is
duly filed for record in Pulaski County, Arkansas. Each covenant
in this instrument, unless expressly provided otherwise, shall
remain in full force and effect until January 1, 2029.
28. Extension. All covenants for which extension is not
otherwise provided in this instrument shall automatically be
extended for successive periods of ten years each unless
modified, terminated or cancelled as provided herein.
29. Separability. Invalidation of any restriction set forth
herein or any part thereof by an order, judgment or decress 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 i�full force and effect.
EXECUTED this / a day of September, 1989.
LITTLE � PL C--r- I`q
C Slotd [A-PPROVED
By:
ATTEST:
By. d a.
Melvyn B , Secretary
DARBE DEVELOPMENT COMPANY
Vice President
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day personally appeared before the undersigned, a
Notary Public within and for the said County and State afore-
said, duly qualified, commissioned, and acting, the within named
L.K. Moore, Jr. and Melvyn Bell, to me personally well known, who
stated that they were the Vice President and Secretary, respec-
tively, of Darbe Development Company, and stated and acknowledged
that they were duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf
of said corporation, and further stated and acknowledged that
they had so signed, executed and delivered said foregoign instru-
ment for the consideration and purposes therein mentioned and set
forth.
WITNESS MY HAND AND OFFICIAL SEAL on this day of
September, 1989. h
My CormAiission Expires:
-I z-c35
EXHIBIT "A"
Legal Desciption
Part of the NE1/4, NE1/4, Section 31, T-2-N, R-13-W, Pulaski
County, Arkansas, more particularly described as: Beginning at the
southwest corner of Lot 22, Pleasant Heights, Phase I, an Addition to
the City of Little Rock, Arkansas; thence S67°42'16"E along the rear
lot lines of Lots 22, 23, 24, & 25, said Pleasant Heights, Phase I, an
Addition to the City of Little Rock, Arkansas, 657.9 ft. to the
northwest corner of Lot 27; thence S50°07'16"E, 205.05 ft. to the
northwest corner of Lot 28, said Pleasant Heights, Phase I; thence
S26°06'44"W, 110.0 ft. to the southwest corner of Lot 28; thence
S63°29'16"E, 20.0 ft. to a point on the North Right -of -Way line of
Pleasant Heights Drive; thence S27°13'29"W, 234.2 ft. to a point;
thence N58°57'39"W, 368.19 ft. to a point; thence N49°23'35"W, 231.75
ft. to a point; thence southwesterly along the arc of a 73.79 ft.
radius curve to the left, having a chord bearing and distance of
S84°47'04"W, 1.5 ft. to a point; thence continue southwesterly along
the arc of a 25 ft. radius curve to the left, having a chord bearing
and distance of S46039'09"W, 31.51 ft. to a point; thence southerly
and northerly along the arc of a 50 ft. radius curve to the right,
having a chord bearing and distance of N36045'10"W, 71.45 ft. to a
point; thence N12°18'54"W, 328.3 ft. to the point of beginning,
containing 5.7769 acres more or less.
M E M O R A N D U M
TO: Van McClendon
FROM: Carroll Ball
SUBJECT: Final Subdivision Plats
PLEASANT HEIGHTS Lots 29 -37 :Approved. Street construction was previously
approved n•