HomeMy WebLinkAboutS-0508-E ApplictionCITY OF LITTLE ROCK, ARKANSAS
DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING
FILING FEES
NO.
,19
Annexation . . . . . . . . . . . . .
. . . . $
Board of Adjustment Application. . .
. . . . $
Conditional Use Permit . . . . . . .
. . . . $
Final Plat . . . . . . . . . . . . .
. . . . $ is -
Planned Unit Development . . . . . .
. . . $
Preliminary Plat . . . . . . . . . .
d
Rezoning Application . . . . .
$
1 4
Site Plan (Multiple Building/Zoning)
-0E4
Special Use Permit . . . . . . . . .
. CITY QN-ITTLE ROCK
BUILDING CODE
Street, Alley, of Easement Closure
$
Street Name Change . . . . . . . . .
. . . . $
Street Name Signs: # Signs at
ea. $
TOTAL $ j
File No.. ;-- ?- Address:
Applicant: <�` �... By;s_.�
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City of Little Rock
Department of Planning and Development
723 West Markham
Little Rock, Arkansas 72201-1334
(501) 371-4790
FAX (501) 371-6863
March 22, 2000
B. Elaine Mitchell Crouse
60 Natchez Lane
Alexander, AR 72002
RE: South Alexander Road — Manufactured Homes
Dear Ms. Crouse:
Jim Lawson
Director
Thank you for your interest in this involved issue that is of concern to a number of your
neighbors.
First, let me respond to what I observe is a challenge that we are not doing what needs to be done
to keep current. We have, since before the 1994 plat of South Bend Acres been aware there is an
unusual city limits in this area. It is unusual in that it parallels Alexander Road forty to sixty feet
westerly of the Road. (see attached map).
In the filing of the plat this staff was enforcing the Little Rock Subdivision Ordinance by
requiring the owner to have Little Rock Planning Commission approval even though most of this
land was outside our jurisdiction. Alexander is a separate municipality and as such Little Rock
has no authority beyond the corporate line. As you can see on the attached map the developer
placed the several manufactured homes behind the Alexander City limits. We could not require
a building permit or any staff review prior to placement.
This subdivision is platted for single family and that is the occupancy in place.
Please note there is one site built house on lot 41 that crosses the city limits line and it was
required to obtain a building permit. Lot 45 will also require a Little Rock building permit for
any residence because all but a narrow strip is in Little Rock.
Additionally, this staff and the Planning Commission required the placement of a ten foot vehicle
no access easement along Alexander Road. This was to require homes in Alexander to access
from the rear (west off Walnut as an alley).
As to the Bill of Assurance, the City of Little Rock has no standing to enforce private covenants
established by the recorded instrument. This staff reviews them to assure minimum dedication
for any new street or utility easements.
As to banning mobile homes or manufactured homes, these residential uses are allowed in
certain zoning districts within the Zoning Ordinance and until the City Board of Directors take
steps to amend the ordinance, any citizen can file a rezoning or conditional use request.
I am sorry these are not the answers you were seeking, but we have revisited this issue many
times over the years with the same answers.
If you have further questions, please let me know.
Sincerely
r
im La on
cc: File #S-508-E
B J Wyrick, Vice Mayor
Cy Carney, City Manager
Tony Bozynski, Assistant Director
Richard Wood, Zoning and Subdivision Manager
Attachment
R Elaine Mitchell Crouse
60 Natchez Lane
Alexander, AR 72002
501-455-4263
March 20, 2000
Mr. Jim Lawson, Director — Department of Planning and Development
City of Little Rock
723 W. Markham
Little Rock, Arkansas
RE: South Alexander Road
Four months ago many residents in my area contacted the Little Rock Zoning Division for information as
to the boundaries for the City limits of Little Rock. Mobile homes began appearing on this property with
neither a Conditional Use Permit or Re -Zoning request posted nor had the neighborhood been notified.
Little Rock Zoning Division told us, the residents, approximately the 20 feet next to Alexander Road was
in the City limits but no more. Yet another division within the City of Little Rock government, and your
department, knew this was in the City and issued both Electrical and Plumbing permits for this area. We
noticed they were receiving City utilities and the children were attending the Little Rock Public Schools.
I asked the resident living in the site -built house, on the property, where he lived. He informed me that
they were in the City of Little Rock. I began researching this area and have come to the conclusion this
IS in Little Rock City limits - the entire subdivision. Little Rock Planning Commission on December 14,
1994 issued a final approved and recorded the subdivision - Southbend Acres. The subdivision is now a
trailer park. The trailer park was illegally placed in the City of Little Rock while your Zoning Division
did not know where the boundaries for the City were located.
I have been to the Pulaski County courthouse researching this issue. I have found:
1. The property is in the Little Rock City limits — paying Little Rock City taxes and in the Little Rock
School District.
2. In 1991 Singletree Corp. purchased the property for delinquent taxes.
3. The property became subdivision, Southbend Acres, in 1994 in the City of Little Rock.
4. Property tax became delinquent 1997.
5. The property was purchased for back taxes in July 1999 BUT the State Land Commissioner canceled
the sale on September 15, 1999, due to delinquent taxes.
6. Between October - December 1999 trailers were placed in the subdivision with delinquent tax and no
Re -Zoning request Conditional Use Permit.
7. Back taxes for the Special Sewer Improvement are $35,000.
I am disappointed that the City of Little Rock Zoning Division does not keep current as to what property
lies within their boundaries. The area residents contacting City of Little Rock Zoning Division, in hopes
to obtain accurate information from their local government, were given information from an outdated
map. It appears the City willingly allowed this trailer park to be placed in our neighborhood at our
expense. There was neither a Conditional Use Permit for the placement of these trailers nor a request for
the property to be Re -Zoned. The area residents would have opposed the placement of trailers or Re -
Zoning if we had known the property was within the City limits of Little Rock.
Singletree Corp. knew the area had been placed in the City of Little Rock, which Singletree Corp.'s
President, Richard Johnson, M.D., did in 1994. Singletree Corp. probably knew they would lose if they
applied for either a Conditional Use Permits or for Re -Zoning. Singletree Corp. and Schult Homes, a
South Alexander Road Page 2 of 2
Jim Lawson, Director Little Rock City Planning & Development March 20, 2000
mobile home sales lot where the trailers were purchased at the County Line Exit, knew that if they placed
the trailers on the property no one would do anything about it - not even the City of Little Rock.
Applying for Re -Zoning or a Conditional Use Permit would delay their mobile home sale one or two
months. Now they, both Singletree Corp. and mobile home sales lots, know both the residents and the
City of Little Rock did not do anything and they can and will continue placing trailers on any vacant lot in
the City of Little Rock either without a request for Re -Zoning or a Conditional Use Permit.
In the 4 months the trailer park has been there, I must say they look like they have been there for years. It
looks like a typical trailer park, like what YOU do not want in neighborhood to decrease your property
value. The lots appear smaller than the lots on the plat for a site -built subdivision with a driveway -size
street running through the center of the property. They do enter their lots from Alexander Road — in spite
of what the City of Little Rock told us was allowed.
I am attaching backup to support my position that this property, Southbend Acres, is within the City limits
of Little Rock and that our local government, the Little Rock Department of Planning and Development
Zoning Division, did not provide the residents and the citizens of Little Rock with accurate information.
You will find:
1. Southbend Acres plat
2. Bill of Assurance for Southbend Acres.
If you find the trailers are not in the City limits of Little Rock, we request they stop receiving all city
services now and after the Special Improvement Sewer taxes have been paid on the said property. If you
find I am correct and they are in the City of Little Rock, I request the City to take immediate action to
keep this from happening again plus collecting the past due Special Improvement Sewer taxes.
The City of Little Rock has neighboring cities banning mobile home placement and replacement within
their city limits. Why can't Little Rock take a similar action? No new mobile home can be placed and no
existing mobile home can be replaced. If Little Rock would take a similar action, and one was illegally
placed within the City limits, then the City would cut off all utilities AND fine the owner a substantial
sum of money (i.e. $5,000) for each day the mobile home is in the City limits. As you know a much
smaller daily fine would not keep this from happening. The larger sum would show the City of Little
Rock means business.
Thank you for your assistance in:
■ determining whether this property is located in the City of Little Rock
• taking care of all issues resulting from your decision
• and forcefully banning mobile home placement and replacement within the City limits of Little
Rock.
Respectfully,
Elaine Mitchell Crouse
cc B.J. Wyrick
94-9,17.36
BILL OF PiSS11RA3DCE
nlOW ALL MEAD BY THFSE PRESE..S:
THAT, WUPXAS. __--S a ee Co , are the
Sole owners of the following described lands lying in the County of
Pulaski, State of Arkansas, to wit:
See Exhibit 'A'
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AND. WHEREAS, it is desirable that all of the above described property
be subdivided into lots, blocks, tracts, and streets;
NOW THEREFORE WITHESSETH:
THAT WE, the said Sir. letree Cora. herein-
after termed grantor(s), have caused said tract of land to be surveyed
by Toe D.—White Registered Land Surveyor and
3
a plat thereof made which is identified by the title Plat of Lots 40-46, Southbend Acres
Addition to City of Little Rork Ar gnd the date December 5, 1994 and by
the signature of the said engineer and the said grantor(s), 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 Pulaski County, Arkansas in Plat Book _F page. and
the grantors do hereby make this Bill of Assurance.
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AND, the grantors do hereby certify that they have laid off, platted
and subdivided, and do hereby lay off, plat and subdivide said real
estate in accordance with said plat. The lands enbraced in said plat
Plat of Lots 40-46, Southbend Acres
shall be forever known as an Addition to the City of Little Rock etc.
The grantors hereby dedicate to the public forever an easement of way
ua and over the streets as shown by said plat, to be used as public
streets.
There are strips of ground shown and dimensioned on said plat
marked "Easement", and ''Utility & Access Easement" reserved for the use
of public utilities, and for drainage purposes and access respectively,
subject at all times to proper authorities and to the easement herein
reserved. Utility &'Access Easements shown or the plat shall be
maintained by each abutting property owner as to their ownership.
.,Owners of lots in this subdivision shall take their titles subject
to the rights of public utilities, drainage, private access, 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 a.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 descrip-
tion thereof.
The lots in said subdivision shall be sold by the grantors and
shall be purchased by -the buyers thereof subject to the following
-- covenants, to -wit:
1. No lot shall ba used excpet for single family residential purposes.
No building shall be erected, altered, placed or permitted to remain on
any lot"othar than one single;£amily dwelling not to exceed•two and one-
half stories -in heigiat ,and a private garage for not more thaiCrwo cnra.
9-23-65 _
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2, No lot: shall- be resubdivided into nor shall any dwelling be
erected or placed on any lot or building site having a width of leas than
60 feet at the building line or an area of less than 6,000 square feet.
All Lots must comply with the Little Rock Zoning Ordinance specifications.
3. The ground floor area of any dwelling constructed on any lot
nr nnrt thern_f . hal lass ha-
- -- .•�� tud . �y r/ square teet. In all
cases the ground floor area shall be the area cf the building �«�, wiCiiin its
largest outside dimension, exclusive of open porches, breezeways, terraces,
garages, exterior or secondary stairways, portecoocheres and outbuildings.
4. No building or fence shall be constructed on any lot nearer to
the street than the building line shown on said plat. No main building
shall be located nearer to an interior lot line than 102 of the average
width of the lot, provided, however, such side yard need not exceed 8 feet
in width. For the purpose of this covenant, eaves, steps, and open porches
shall not be considered as part of a building. No main building shall be
built on any lot in said addition nearer than 25 feet to the rear lot lines.
An accessory structure must be located at least 60 feet from the front
property line and may be placed no less than 5 feet from side lot line.
The moving of any existant structure upon and to this property is pro-
hibited.
5. No building, fences, incinerators, paved driveways, or any other
permanent stricture or improvement of any kind, whether herein specifically
enumerated or not, shall•be bulIIt or maintained within the area of eny of
the easements shown on the plat.• and in the event any such obstruction is
placed thereon inviolation of thin restriction and reservation, no utility
will be liable for destruction of same in maintaining or repairing its
lines located within the area of maid easement.
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6. No sign of any kind shall be displayed to the public view on any
lot except one professional sign of not more than one scluLlre foot, one
sign of not more than five square feet advertising the property for sale
or rent, or signs used by a builder to advertise the property during the
conatruetion and sales period.
f. No structure of a temporary character, trailer, ba%umant, tent,
shack, garage, barn or other outbuilding shall be used on ally lot at
any time as a residence';. either temporarily or permanently.
9. No fence. wall hedge, or shrub planting, which obstructs sight
lines at elevations of more than 30 inches above the roadways, sll:lll 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 ac 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 this beginning and end,, and a line connecting thew at points
50 fee4t from their intersection. No tree shall be nermicced to remclin
within such distances of such intersections unless the foliage line is
maintained at a height of 8 feet to lirevenc obstruction of such siLhc
lines.
9. No obstruction shall be placed in the street or guccer. Curbs
shall be broken at driveways, and driveway aprons shall not extend
p®ec_ she Baca„oi',.the, curb.
9.1 No vehicular acceen is permittod from Alexander Road and Walnut Street
to asay of the lots that are a part hereof except by laeans of the Utility
and Accene Easement.
10. Thew covenants and restrictiona ara to run with the land and
shall be binding on all parties and all persons claiming under them for
a period of 30 yearn from the date chase covenants and rut;crietions are
9-23-65
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recorded, after which time said covenants and restrictions shall he
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.
11. These covenants and restrictions shall not be amended, can—
celled or supplemented unless an instrument signed by at least eighty
(80) per cent 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.
12._ In the event of any attempt to violate any of the covenants
or restrictions herein, before the expiration Elate hereof, it shall be
lawful for any person or persons owning a lot or lots in said addition to
..prosecute any proceedings at law or in equity against the persons or
person violating or attempting to violate any such covenant or restriction,
and either to prevent him or them from so doing:or to recover damages
o; other dues for such violations.
13. The invalidation of any one of these -covenants or restrictions
by judgement or court order shall in no wise affect any of the other
provisions, which shall remain in full force and effect.
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LITTLE r. C7 TTAMT1MG
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ACKNOWLEnGMENT
STATE OF ARKANSAS )
)SS
COUNTY OP PULASKI )
On this day personally appeared before the undersigned, a
Notary Public within and for the County and Staff faresaid, duly
qualified, commissioned and actir.;, -SL
_ , to one we.li kn❑ n, who stated that
they were the n Of
we.
1/_P ro! i� ;; cori,GCci:iU::; and
were duly authorized in their respective capacities to execute the
foregoing easement for and in the name and behalf of said corpor-
ation, and further stated and acknowledged that they had so
signed, executed and delivered said eanument for the considera-
tion, uses and purposes therein mentioned and :;et forth.
r WITNESS my hand and official seal on this (9`ik day of
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Notary'I'u!',lie
MY, Commission Exrires:
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(SEAL)
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298
Exhibit OAO
South Bend Acres
Legal Description
Part of the fractional Section 18, T-1-S, R-7 3-t-,, which includes
part of the original Town of; Alexander, Arkansas, more particularly
described as: Starting at the Northeast corner of the NW1;4, SE1/4
said Section 18; thence S1058'2711W along the East line of said
NW1/4, SE1/4, 1394.86 ft. to a point on the Northerly right-of-way
line of Alexander-Mabelvale Road; thence along said Northerly
right-of-way line the following bearings and distances:
S41°3012711W, 143.84 ft.; N4802812511W, 15.0 ft. and
S41°3515911W, 114.26 ft. to the point of beginning; thence
Westerly and continuing along said Northerly right-of-way line the
following bearings and distances: S4103515911W, 326.73 ft.;
S53°0312911W, 77.45 ft.; S8300910911W., 45.48 ft.; N59°241136"W,
40.43 ft. and S44048149"W, 15.0 ft. to a point on the Easterly
right-of-way .line of -Walnut Street; 'thence N4501111111W, along
said Easterly right=of-way line, 148.16 ft.; thence N45024139"W,
249.47 ft.; thence N45°03159"E, 202.45 ft.; thence S48°24101"E,
205.18 ft. to the point of beginning, containing 2.2226 Acres more
or less:,
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JOHN A. RYLES
10426 Plantation Lake Drive
Scott, Arkansas 72142
CERTIFIED MAIL # 398 240 688
March 7, 2000
Ms. Elaine Crouse, President
ALEXANDER RD Homeowners Assn.
Little Rock
P.O. Box 280
Alexander, AR 72002
Dear Ms. Elaine Crouse,
This letter is in reply to both the at best, direct telephone call from Reggie Crouse to my
wife and co-owner Trudy and your letter as President of the ALEXANDER RD
Homeowners Assn. Little Rock. Your approach is interesting. Most often you can gain
your'goal-h addressiag'others with kindness and a cooperative attitude, especially when
they.liave'no idea of dur,agenda.` Rudeness and threats as an opening statement seems
to me to be unnecessarepecialytotheninfieprapeioy; umywner. - We Purchased our
three (3) properties in. the Southern Hills Subdivision in early '989, eleven ( 11) years
ago.
Why is this the first time the ALEXANDER RD Homeowners Assn. Little Rock., has
ever contacted us. Why over the last eleven (11) years have we been left out of the
communications of the ALEXANDER RD Homeowners Assn. Little Rock; to its area
members? Has your organization in any public forum ever claimed to either legally or
morally to represented our personal or property interests in Southern Hills Subdivision?
Mrs. Crouse, as President of the ALEXANDER RD, Homeowners Assn. Little Rock,
Please provide to me, as a property owner in the area this organization claims to
represent, a copy of the original protective covenants of the original plat of Southern
Hills Subdivision creating a neighborhood homeowners association. The official notices,
corporate organizational documents, official charter and organizational filings with the
Secretary of State of the State Of Arkansas, a roster, including the official addresses of
the officially elected (and ) legally liable Officers or the ALEXANDER RD,
Homeowners Assn. Little Rock. The name and address of the Agent of Record for legal
service, the Federal 401 Tax Exempt Tax Identification Number; and liability insurance
carrier protecting the ALEXANDER RD, Homeowners Assn.
Page 2. ALEXANDER RD March 7, 2000
Your Agent of record will need to know the name, address and telephone number of the
ALEXANDER RD, Homeowners Assn., liability insurance agent and the Assn.'s ,
maximum liability limits. If you can not provide any official legal authority for the
ALEXANDER RD, Homeowners Assn., right to represent me as a property owner, then
please provide the factual basis you claim to have the authority to represent my property
interests.
Ms. Crouse, except for the first sentence of your letters' second paragraph, I , do not
believe any of the other statements therein are factual. You should drive through the
neighborhood, look, and see the homes, nice decks, and landscaping; that show the
statements you make are just not factual as to the really nice installations of numerous
manufactured homes in the Southern Hills Addition. All of these Manufactured Homes
are far superior in appearance and condition to of several of the stick -built, homes in the
Southern Hills neighborhood and area.
I am the President of the homeowners association of my wonderful neighborhood, and
as such, it is my moral and legal responsibility to represent ALL of our owner/members,
regardless of my personal opinion. If this shoe somehow fits you, wear it. Otherwise do
not claim to public officials and in testimony to public commissions, to represent the
property owners of Southern Hills Subdivision, without offering EACH and ALL of us an
opportunity to be informed and express our opinion first.
Kindest gards,
A. RYL S
COPY:
City of Little Rock
City Attorney
Chairperson AND Members, Little Rock Planning Commission
The Honorable B. J. Wyrick
The Honorable Joan Adcock
Janet Berry, SWLRUP
Bobby Zimmerebner, ABUSED APPLICANT/ CITIZEN
Mr. Whit Waller, Director, Arkansas Manufactured Home Commission
Ed Montgomery, Attorney at Law
ATTACHMENT:
CERTIFIED MAIL Z 770 335 550 ALEXANDER RD ( undated letter) March 7, 2000
XANDE.E E�X A�N bE �RDJ
Homeowners Assn.
Little Rock
John A. Ryles
yles Realty
i o426 Plantation Lake Drive
colt, AR 72142
gear Mr. Ryles:
0--F- i2Tn F-1 E�) H-"L—
It has been brought to our attention you are selling your lots in the Southern Hills Subdivision,
which are within the boundaries of the Alexander Road Homeowners Association and the City of
i_.ittle Rock. Our Association was organized after the homeowners were forced, on several
;.caslons, to go to City Hall to contest the placement of mobile homes in our neighborhood.
-1 he main goal of our Association is to preserve and increase our property values.
A property owner who lives in the area called you and was told a doublewide, but not a
mit. Any
singlewide, mobile home could be placed on the property with a Conditional Use Per
kind of mobile home placement in an area such as ours decreases property values, invites
:short-term tenants and crime to the neighborhood. There are currently no mobile homes in our
ubdivision and we plan to continue to work to block their placement or replacement within the
iieig daries ad associations n the area as well as Southweour Associafion. We are also stLittle Rock Uin this nited ed Foreavor yotheT
Progress.
neEghborhood as
On February 15, 2000, with a vote of 10-0 by the Little Rock City Board of Directors, we won our
;ippeal of a Zoning Commission's decision to grant a CUP for placement of a doublewide mobile
home in Southern Hills Subdivision.
1-he Alexander Road Homeowners Association respectfully requests that you not attempt to sell
any of your lots within our boundaries to anyone for placement of mobile homes. The
Association will not hesitate to block any attempt you or a buyer makes to decrease the value of
our homes and property.
shank you for your cooperation, r- -2
Elaine Crouse `
Pre ent.�
The Honorable B.J. Wyrick
The Honorable Joan Adcock
�rN' Janet Berry, SWLRUP
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P.O. Box 280 Alexander,AR 72002
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, Sin letree Corp. , are the
Sole owners of the following described lands lying in the County of
Pulaski, State of Arkansas, to wit:
See Exhibit 'A'
AND, WHEREAS, it is desirable that all of the above described property
be subdivided into lots, blocks, tracts, and streets;
NOW THEREFORE WITNESSETH:
THAT WE, the said Singletree Corp. , herein-
after termed grantor(s), have caused said tract of land to be surveyed
by Joe D. White Registered Land Surveyor , and
a plat thereof made which is identified by the title Plat of Lots 40-46, Southbend Acres
Addition to City of Little Rock Ar jand the date December 5, 1994 and by
the signature of the said engineer and the said grantor(s), 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 Pulaski County, Arkansas in Plat Book page , and
the grantors do hereby make this Bill of Assurance.
9-23-65
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AND, the grantors do hereby certify that they have laid off, platted
and subdivided, and do hereby lay off, plat and subdivide said real
estate in accordance with said plat. The lands enbraced in said plat
Plat of Lots 40-46, Southbend Acres
shall be forever known as an Addition to the City of Little Rock etc.
The grantors hereby dedicate to the public forever an easement of way
on and over the streets as shown by said plat, to be used as public
streets.
There are strips of ground shown and dimensioned on said plat
marked "Easement", and "Utility & Access Easement" reserved for the use
of public utilities, and for drainage purposes and access respectively,
subject at all times to proper authorities and to the easement herein
reserved-.----Utility-&--Access Easements -shown or the plat shall be
maintained by each abutting property owner as to their ownership.
.Owners of lots in this subdivision shall take their titles subject
to the rights of public utilities, drainage, private access, 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 a 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 descrip-
tion thereof.
The lots in said subdivision shall be sold by the grantors and
shall be purchased by the buyers thereof subject to the following
covenants, to wit:
1. No lot shall be used excpet for single family 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 more than two cars.
9-23-65
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2. No lot shall be resubdivided into nor shall any dwelling be
erected or placed on any lot or building site having a width of less than
60 feet at the building line or an area of less than 6,000 square feet.
All Lots must comply with the Little Rock Zoning Ordinance specifications.
3. The ground floor area of any dwelling constructed on any lot
or part thereof shall be not less than O a square feet. In all
cases the ground floor area shall be the area of the building within its
largest outside dimension, exclusive of open porches, breezeways, terraces,
garages, exterior or secondary stairways, portecoocheres and outbuildings.
4. No building or fence shall be constructed on any lot nearer to
the street than the building line shown on said plat. No main building
shall be located nearer to an interior lot line than 10% of the average
width of the lot, provided, however, such side yard need not exceed 8 feet
in width. For the purpose of this covenant, eaves, steps, and open porches
shall not be considered as part of a building. No main building shall be
built on any lot in said addition nearer than 25 feet to the rear lot lines.
An accessory structure must be located at least 60 feet from the front
property line and may be placed no less than 5 feet from side lot line.
The moving of any existant structure upon and to this property is pro-
hibited.
5. No building, fences, incinerators, paved driveways, or any other
permanent structure or improvement of any kind, whether herein specifically
enumerated or not, shall be built or maintained within the area of any of
the easements shown on the plat, and in the event any such obstruction is
placed thereon inviolation of this restriction and reservation, no utility
will be liable for destruction of same in maintaining or repairing its
lines located within the area of said easement.
9-23-65
-4-
6. No sign of any kind shall be displayed to the public view on any
lot except one professional sign of not more than one square foot, one
sign of not more than five square feet advertising the property for sale
or rent, or signs used by a builder to advertise the property during the
construction and sales period.
7. No structure of a temporary character, trailer, basement, tent,
shack, garage, barn or other outbuilding shall be used on any lot at
any time as a residence; either temporarily or permanently.
8. 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 on any corner lot within the triangular area
formed by the street property 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 this beginning and end, and a line connecting them at points
50 fee4t 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.
9. 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.
9.1 No vehicular access is permitted from Alexander Road to any of
the lots that are a part hereof except by means of the Utility and
Access Easement.
10. 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 years from the date these covenants and restrictions are
9-23-65
-5-
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.
11. These covenants and restrictions shall not be amended, can-
celled or supplemented unless an instrument signed by at least eighty
(80) per cent 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.
e
12. 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 addition to
prosecute any proceedings at law or in equity against the persons or
person violating or attempting to violate any such covenant or restriction,
and either to prevent him or them from so doing or to recover damages
or other dues for such violations.
13. The invalidation of any one of these covenants or restrictions
by judgement or court order shall in no wise affect any of the other
provisions, which shall remain in full force and effect.
f�
DATE199
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)SS
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a
Notary Public within and for the County anri 5ta foresaid, duly
qualified, commissioned and acting,_��/ ��,_
arm^' _ , to »te well kno n, who stated that
they were the ~� ask , ` of
n th, a corporation, and
were dul iz authored ieir respective capacities to execute the
foregoing easement for and in the name and behalf of said corpor-
ation, and further stated and acknowledged that they had so
signed, executed and delivered said easement for the considera-
tion, uses and purposes therein mentioned and set forth.
r;1 WITNESS my hand and official seal on this day of
2CQ , 19
Notary-Pulilic
M:�'Commission Ex 'res:
(SEAL)
Of•�. n■■ +ir.
4,00
` 7-T A err►'
: � Y a
r.
e
Exhibit 'A'
South Bend Acres
Legal Description
Part of the fractional Section 18, T-1-S, R-13-W, which includes
part of the Original Town of Alexander, Arkansas, more particularly
described as: Starting at the Northeast corner of the NW1/4, SE1/4
said Section 18; thence S105812711W along the East line of said
NW1/4, SE1/4, 1394.86 ft. to a point on the Northerly right-of-way
line of Alexander-Mabelvale Road; thence along said Northerly
right-of-way line the following bearings and distances:
S41°3012711W, 1-43.84 ft.; N4802812511W, 15.0 ft. and
S41°3515911W, 114.26 ft. to the point of beginning; thence
Westerly and continuing along said Northerly right-of-way line the
following bearings and distances: S4103515911W, 326.73 ft.;
S53°0312911W, 77.45 ft.; S8300910911W, 45.48 ft.; N59024136"W,
40.43 ft. and S4404814911W, 15.0 ft. to a point on the Easterly
right-of-way line of Walnut Street; thence N45°11'll"W, along
said Easterly right-of-way line, 148.16 ft.; thence N4502413911W,
249.47 ft.; thence N4500315911E, 202.45 ft.; thence S48024101"E,
205.18 ft. to the point of beginning, containing 2.2226 Acres more
or less.
LEC-1L•JEII 12 :59 PURL - IC WORKS
P _ « 1
City of Little Rock
Department of
Public Works
701 West Markham
L+RIe Rock, Ark2n�eas 72201 1300
371 4$11 FAX 371,4460
CIVIL ENGINEERING RESPONSE
Engineering Division
The Civil Engineering Requirements for Filing of Final Plats
have been satisfied. Approval for filing of this plat can
be issued 4e''�.1
Signed By
DXF FILE: �~
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