HomeMy WebLinkAboutS-0500-A ApplicationJohn T. Rogers
5707 Kcvonough Blvd.
Little Rods, Arkonsos 72207
501-664-1190
Res. 661-0395
f i � r ua. N
TO: The Little Rock Planning Commission
SUBJECT: Amendent of Bill of Assurance to Lots 2, 3 and 4, Riversedge Addition
to the City of Little Rock
The purpose of the attached amended and restated Bill of Assurance is to
delete the provision under the use of land paragraph concerning the size of
animals kept on the above captioned properties.
In addition, we have replaced the above deletion with the standard livestock
and poultry clause most commonly used in Bill of Assurances. We have also deleted
the original owners of the above properties, as they no longer have any interest
in these properties.
AMENDED AND RESTATED
BILL OF ASSURANCE
BRYANT JONES and KAREN JONES, his wife, )
J. D. McCONNELL and ANGELA McCONNELL, }
his wife, and )
VXV=X XMXd(#9X JO NEVA MENEFEE
BILL OF ASSURANCES
TO: THE PUBLIC )
WHEREAS, Bryant Jones and Karen Jones, his wife, J. D.
McConnell and Angela McConnell, his wife, (XNXM0()tXXt)t)W and
Jo Neva Menefee, X&WXkX=X are the owners of the following
described lands located in the City of Little Rock, Pulaski
County, Arkansas, to -wit:
Lots 2, 3 and 4, Riversedge Subdivision, Little Rock,
Pulaski County, Arkansas;
and desire that the above described subdivided lands be held,
owned and conveyed subject to the protective covenants herein
contained, in order to enhance the value of said lands.
NOW THEREFORE, Bryant Jones and Karen Jones, his wife,
J. D. McConnell and Angela McConnell, his wife, and XW-M
0 (J0X (cX Jo Neva Menefee, )UJ(XXX&R)% hereinafter collectively
termed "Allotters", for and in consideration of the benefits to
accrue to them, their heirs, successors and assigns, which
benefits they acknowledge to be of value, have caused to be made
a Plat filed herewith showing survey made by Edward G. Smith,
Registered Professional Engineer No. 485, Arkansas, and executed
by him on the 28th day of April, 1978, and bearing a certificate
of approval executed by the Little Rock Planning Commission,
which Plat is of record in the office of the Circuit Clerk and
ex-officio Recorder of Pulaski County, Arkansas, in Plat Book A
at page 141, and is identified by the title "Lots 2, 3 and 4
Riversedge Subdivision", and Allotters do hereby make this
Amended and Restated Bill of Assurance.
There are shown on said Plat certain easements reserved for
the uses set forth on said Plat. Owners of lots in this sub-
division shall take their titles subject to said easements, and
the private way as shown and represented on said attached Plat
is hereby established as a private way, the use of which private
way shall be forever appertenant to the ownership of Lots 2, 3
and 4 Riversedge Subdivision.
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, Arkansas, shall be a valid and complete delivery
and dedication of the easements shown on 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 such subdivision shall be sold by the grantors
and shall be purchased by the buyers thereof, subject to the
following covenants:
1. Use of Land. No lot shall be used except for residential
purposes. No building shall be erected, altered, placed, or per-
mitted 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 or carport for not less than one car. No animals,
livestock, insects 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.
2. Architectural Control. No building shall be erected,
placed or altered on any lot in this subdivision until the
building plans and specification therefor, exterior color scheme
and materials thereof and plot plan, which plot plan shows the
location and facing of such building, have been approved in
writing by a committee composed of the owners of lots in this
subdivision or their duly authorized representatives or successors.
In addition no trees, greater than four feet in height, shall be
cut without the approval of this committee except for diseased
trees or those the removal of which is necessary for construction
purposes on the lots. Approval shall be granted by a majority
vote of the committee.
3. Ground Frontage. No lot shall be subdivided without
the written consent of Allotters Bryant Jones, J. D. McConnell,
and Jo Neva Menefee, or their successors, individual or committee
and the approval of the Little Rock Planning Commission first had
and obtained.
4. Area. The ground floor living area of a one story or
one and one-half story dwelling constructed on any lot shall not
be less than 1,600 square feet. The total living area of a two
story or two and one-half story dwelling shall not be less than
1,600 square feet. In all cases the living area shall be the
area of the dwelling within its largest outside dimensions,
exclusive of open areas, including by way of illustration and not
be limiting the generality of the foregoing, open porches, open
breezeways, open terraces, garages whether open or closed, open
exterior stairways, open porte-cocheres, and outbuildings.
The minimum construction cost for the living area shall be
$35.00 per square foot of heated and air conditioned space.
5. Service Easement. The Plat reflects an easement
designated private way, upon which Lots 2, 3 and 4 all front.
This easement shall constitute the means of access for all lots
to Riversedge Road as reflected on the Plat of Riverview Manor
Subdivision No. 4, of record in Pulaski County, Arkansas Plat
Book 39 at page 68, and located between Lot 63 and Lots 65 and
67 of said subdivision. Said service easement is not dedicated
to the public but shall remain a private easement for the
location of a private road to serve Lots 2, 3 and 4, Riversedge
Subdivision. Upkeep and maintenance of said private road shall
be shared by the owners of said lots as follows: Lot 2 - 40%,
Lot 3 - 40%, and Lot 4 - 20%. Said private road, although not
dedicated to the public, may be used by the public for utility
and municipal services such as police and fire protection.
6. Right to Enforce. 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 said subdivision to prosecute
any proceeding 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 from so doing or to recover
damages for such violation.
7. Modification of Bill of Assurance. These covenants and
restrictions shall run with the land and subject to being amended
or cancelled as hereinafter, shall be and remain in full force and
effect for a period of 25 years from the date hereof, after which
time said covenants and restrictions shall be automatically ex-
tended 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.
8. Modification. These covenants and restrictions shall not
be amended, cancelled or supplemented unless an instrument signed
by all of the owners of the aforesaid lots is placed of 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.
9. 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.
WITNESS our hands and seals on this (, day ofLG_c_
1985.
LITTLE ROCK PLANNING COMMISSION
APPROVES:
Date:
l
Bry t J es, Allotter
Karen Jones, lotter
Z. D. McConnell, Allotter
01
f l fir' �? �•� f''
Angela McCor�nell, Allotter
Jois va Mienefee, A otter
(nA when lot was pur ased was
J65 eva Knight Light)
11
STATE OF ARKANSAS )
ss.
COUNTY OF PULASKI )
ACKNOWLEDGMENT
BE IT REMEMBERED that on this day came before me, a Notary
Public within and for the County and State aforesaid, duly
commissioned, qualified, and acting, Bryant Jones, and Karen Jones,
his wife, to me well known as the ( �;�� in the
foregoing Amended and Restated Bill of Assurance, and stated that
they had executed the same for the consideration and purposes
therein mentioned and set forth.
WITNESS my hand and seal this (O'L"�- day of �0. 1985.
My Commission Expires:
STATE OF ARKANSAS )
ss.
COUNTY OF PULASKI )
NotarA Public LJV
ACKNOWLEDGMENT
BE IT REMEMBERED that on this day came before me, a Notary
Public within and for the County and State aforesaid, duly
commissioned, qualified, and acting, J. D. McConnell and Angela
McConnell, his wife, to me well known as the c ktxti _
in the foregoing Amended and Restated Bill of Assurance, and
stated that they had executed the same for the consideration and
purposes therein mentioned and set forth.
WITNESS my hand and seal this G, .�� day of `M Q'n ( - , 1985.
i4otarld Public
My Commission Expires:
f Ci 90
STATE OF ARKANSAS )
ss.
COUNTY OF PULASKI )
ACKNOWLEDGMENT
BE IT REMEMBERED that on this day came before me, a Notary
Public within and for the County and State aforesaid, duly
commissioned, qualified, and acting, VA)6WHI&MMM�XMH Jo Neva
Menefee, 21N=X*AM3 to me well known as the Cl. UpTra&
in the foregoing Amended and Restated Bill of Assurance, and stated
that they had executed the same for the consideration and the
purposes therein mentioned and set forth.
WITNESS my hand and seal this 1 (� day of
1985.
cL-v a
Notar Public
My Commission Expires:
PULASKI COUNTY TITLE COMPANY
TITLE INSURANCE — ESCROWS — ABSTRACTS
.y
i•
t
T. P. DILDAY and }
PLOY B. DILDAY, his wife }
)
}
TOt THE PUBLIC
r'nnQ 07;;
.:�rrO�Li:�aCU:rrlf6,r
HILL OF ASSURANCE .
WHEREAS, T. P. Dilday and Ploy B. Dilday, his wife,
are the owners of the following described lands located in the
C ty of Little Flack, Pulaski County, Arkansas, to -wits
A tract of land located in the Ey of Section 22, -
R'-2-N R-13-W, Pulaski County, Arkansas, more
particularly described net Beginning at the
Northeast corner of Lot 65 River Ridge ttanor
::o. 4, an addition to the City of Little Rock,
Arkansas (said corner being on the East line
of the Eh of aaid Section 220)i thence S 780140
' W along the North line of said Lot 65 and said �■
line extended Southwesterly, 309.5 ft. to the
Northern most common corner between Lots 6.1 and
61 said Addition; thence N 37002' W along,tho
Florth line of said Lot 610 69.7 ft. 1 thence
N 67034' W and continuing along the North line
i of acid: -Lot 61 and along the North line of Lot `�':`'�t•
59, said Addition, 235.3 ft. to the Northwest , t
cornet of said Lot 591 thence N 0059' E and par-
allal to the East line of said Ett of Section 22,
742.6 ft. to a point on the South sight -of -way
line of the Chicago Rack Island 3 Pacific Rai l-
wayt thence S 61056' E along said South right- �.
of -way line, 404.5 ft.1 thence 6 63000' E and
continuing along said South right-of-wav line
_. 226.4 ft. to a point on the East line of said
s. • E• of Section 221 thence 8 0059'. W along said
East line 531.35 ft. to the point of beginniugi
sand desire that the above described lands be now subdivided
into building lots as shown on the Plat filed herewith and that
said lands be held, owned and conveyed subject to the protective
covenants herein contained, in order to enhance the value of
said lands.
NOW, THRREFORE, T. P. Dilday and Ploy H. Dilday, his ; ,y
wife, hereinafter termed OAllotters0, for and in consideration
of the benefits to accrue to them, their heirs, successors and S
assigns, which benefits they acknowledge to be of value, have
caused to be made a Plat filed herewith showing survey made by
Edward G. Smith, Registered Professional Engineer No. 485, Ark- J'
ansae, and executed by him on the 28th day of April, 1978, and
bearing a certificate of approval executed by the Little Rock
Planning Commission, which Plat is of record in the office of
the Circuit Clerk and ex-officio Recorder of Pulaski County,
.X i
•;.,, -
"
n:;
PU LASKI COUNTY TITLE COMPANY
NY
TITLE INSURANCE — ESCROWS — ABSTRACTS
r J
Arkansas, in Plat Book at page /ZZ—, and is identified by
the title "Lots 2, 3 and 4 Riversedgs Subdivision", and Allotters t
do hereby make this Bill of Assurance.
There are shown on said Plat certain easements reserved
for the uses sot forth on said Plat. owners of lots in this
subdivision shall take their titles subject to said easements, and
the private way as shown and represented on said attached Plat is
hereby establiahod as a private way, the use of which private way
shall be for.evor appertenant to the ownership of Lots 2, 3 and 4
t.: Riversedge Subdivision.
i
`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, Arkansas, chall be a valid and complete dslivery and dedica-
'_. tion of the easements shame on said plat. Hereafter, conveyance =• -
'Yand description of any of said lands by lot number as shown on said.R`?,:
Plat•ohall be a. proper. and sufficient description'thcroo
Tho lots in such subdivision shall be sold by'-tha.grantors .'• i
s: and shall be purchased by the buyers thereof, rubjuet to'th4.fallaw---f•
- irg covenautst
} 1. Vae of Land. No lot shall be used except for, rgsi-
�'
dantial purponas. No building,shall be erected, altered, placed,•
or permitted to remain on any•lotyothor than one single-family
dwelling not to exceed two and one-half stories in height and a
Private garage or carport for not less than one car. No large
animals auali bo.allowed on the lots. A large animal being derintd
:i as any animal weighing more than eight pounds.
2. Architectural Control. No building shall be erected,
placed or altered on any lot in this subdivision until the building
plans and *pacification therefor, exterior color schema and materials
thereof and plot plan, which plot plan shows the location and facing
of such building, have been approved in writing by a committee coat. -
posed of the owners of lots in this subdivision or their duly author-
ized reprenentativen or successors. In addi'_ion no trees, greater
than four feet in height, shall be cut without the approval of this
committe except for diseased trees or those the removal of which is '
necessary for construction purposes on the lots. Approval shall be
granted by a majority vote of the committee.
_2- V
f / s
PULASKI COUNTY TITLE COMPANY
TITLE INSURANCE'— ESCROWS — ABSTRACTS
A
3. Ground Fronta'9e. No lot shall be subdivided with-
out the written consent of Allotter T. F. Dilday or his successor
individual or committee and the Little Rock Planning Commission
ff
first had and obtained. 0 0 0 L!
4. Area. The ground floor living area of a one story
or one and one-half story dwelling constructed an any lot shall
not be less than 1,600 square feet. The total living area Of
a two story or two and ono -half story dwelling shall not be less
than 1,600 square feet. In all cases the living area shall be
•dimensions,
the area of the dwelling within its largest outside
exclusive of open &roast including by way of illustration and
not by limiting tho'gonerality of the foregoing, open porches,
open breezeways, open terraccaj garages whether open or closed,
..upon exterior stairways, open porte-cocheres, and outbuildings.
The minimum construction cost for the living area shall.-baitioned
space.,
of heatmd'and air conditioned 35*00'por square foot deoignatod private Wayj
S. Bar-vim.a ce rasent. The Plat reflects an cassiulTit
which Lots 2, 3 and 4 all front upon. This oaze=nt�chalk- .'
.�upcn
constitute the moans of access for all lots to*Riversod ge.Road,
ea raflacted on the plat of Riverview Manor Subdivision -No. t
of record in Pulaski County, Arkansas Plat Book 39 at page'
and l6catod between Lot 63 and Lots 63 and 67 of said subdi-
vision. Said service casomnt is not dedicated to the public
but shall re . main a private easement for the location of a pri-.
vatd road to 'servo 1,�)ts 2, 3 and 4, Riversedge Subdivision.. Up
:'c keep and maintenance of said private road shall be shared by
the.owners of said loto as follmai Lot 2 - 401, Lot 3 - 401,
and Lot 4 - 201. Said private road, although not dedicated to
the public, may be used by the public ,for utility and municipal
cervices such as police and fire protection.
6. Right to Enforce. 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 per -
eons owning a lot or lots in said subdivision to prosecute any
proceeding at law or in equity against the person or - persons
violating or attempting to violate any such covenant or restric-
tion and either to prevent him or them from so doing or to re-
cover damages for much violation.
-3-
ti
PU LASKI COUNTY TITLE " 0M
TITLE INSURANCE"— ESCROWS — ABSTRACTS
S
s
7. These covenants and restrictions shall run with
the land and subject to being amended or cancelled as herein-
after, shall be and remain in full force and effect for a period
of 25 years from the date hereof, after which time said cove- ;
nants and restrictions shall be automatically extended for
successive periodo of 10 years, unless an instrument signed
by a majority of the then owners of the iota has been recorded,
agreeing to change said covenants and restrictions in whole or ":V.
in part. •s
8. Modification. Theme covenants and restrictions '
shall not be amended, cancelled or supplemented unless an'inatru-
went signed by all of the owners of the aforesaid lots is placed
of record agreeing to change the covenants and restrictions in .
whole or in art and an change must be y part, y q approved b the Little _ = .• €s�
Pock Planning Commission.
9. Separability. Invalidation of any restriction
eat forth herein or any part thereof by an order, judgment or „
decree of any court, or otherwise, ahall not invalidate, Or
n!lact ! th th "� ••
any o e o or restrictions or any part thereof an
act forth heroin, but they shall remain in full force and
effect.
r' WITNESS our hands and seals on this day of
August, 1978.
LITTLE ROO PL/u11MIGGyCOti1IMMIDY APPROVES
far "Ile
STATE OF ARKANSAS)
)
COUNTY OF PULASKI)
ACKNOWLEDGMENT
BE IT REMEMBERED that on this day came before me, a
Notary Public within and for the County and State aforesaid,
duly commissioned, qualified, and acting, T. P. DILDAY and PLOY
R. DILDAY, to me well known a9 the grantors in the foregoing Bill
of',Aosurance, and stated that they had executed the same for the
considorption and purposes therein mentioned and sot forth.
WITNESS my hand and Beal this aday off
H A Y PU6
My Commission expireet This l;'.strument pr,pa.•ed by
_4_ hRIDAY, ELUR L0?E & CLARK
rr, r.�t M,I'on,l B ldwj. r rk,,,,
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