Loading...
HomeMy WebLinkAboutS-00516-D ApplicationCITY OF LITTLE ROCK NO. } OFFICE OF COMPREHENSIVE PLANNING FILING FEES Little Rock, Ark. Rezoning Application . . . . . . . . . . . . . . $ Board of Adjustment Application. . . Preliminary Plat . . . . . . . . . . . Final Plat . `�.'�•'�"` Street Name Signs: No. Signs File N o .Vl�� �' 88d e s s: At I ME E a � -cs TOTAL Applicant; �-- PHILLIPS DEVELOPMENT CORPORATION PROSPECT BUILDING 1501 N. UNIVERSITY, LITTLE ROCK, ARKANSAS 72207 (501) 666-9629 June 9, 1989 Van McClendon Little Rock Planning Commission 723 West Markham Little Rock, Arkansas 72201 Re: Cedar Branch Subdivision Mr. McClendon: Enclosed for your file is a copy of the signed Bill of Assurance for the above referenced subdivision. Should you have any questions concerning this matter, please contact this office. Kindest regards, PHILLIPS DEVELOPMENT CORPORATION - J Chester D. Phillips Enclosure CDP:le G(e__ BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Phillips Development Corporation is the sole owner of the following described lands lying in the County of Pulaski, State of Arkansas, to -wit: and, Part of Plot "H", Woodland Heights, a subdivision of the NE 1/4 SW 1/4 and NW 1/4, Section 21, T-2-N, R-13-W, Pulaski County, Arkansas, more particularly, described as: Beginning at the Northeast corner of said Plot "H", said corner being located on the West right-of-way line of Fairview Road; thence S1014140" E along the East line of said Plot "H", 411.81 ft. to a point; thence Northwesterly along the arc of a 691.20 ft. radius curve to the right, having a chord bearing and distance of N8002615511W, 84.90 ft. to a point; thence N76055140"W, 31.42 ft. to a point; thence Northwesterly along the arc of 741.20 ft radius curve to the left, having a chord bearing and distance of N83049'40"W, 174.62 ft. to a point; thence S89034'20"W, 344.64 ft. to a point; thence Northwesterly along the arc of 691.20 ft. radius curve to the right, having a chord bearing and distance of N8602312011W, 97.43 ft. to a goint on the West line of said Plot "H", 78.87 ft., Ni 50'50"W of the Southwest corner thereof; thence N1050'50"W along said West line, �50.0 ft. to the Northwest corner thereof; thence N88 35'06"E along the North line of said Plot "H", 732.47 ft. to the point of beginning, containing 6.1952 acres more or less. WHEREAS, it is desirable that all of the above -described property be subdivided into lots, blocks, tracts and streets; NOW, THEREFORE, WITNESSETH: THAT WE, Phillips Development Corporation, hereinafter called "Grantor", have caused said tract of land to be surveyed by White-Daters & Associates, Registered Professional Engineers and Registered Land Surveyors and a plat thereof made which is identified by the title of "Cedar Branch Subdivision" and the date and by the signature of said Engineer and the said Grantor, and bearing 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 at page , and the Grantor does hereby make this Bill of Assurance. And, the Grantor does hereby certify that he has laid off, platted and subdivided, and does hereby lay off, plat and subdivide said real estate in accordance with said Plat. The lands embraced in said plat shall be forever known as "Cedar Branch Subdivision, an addition to the City of Little Rock, Arkansas". The Grantor hereby dedicates 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 "Utility Easement" and/or "Drainage Easement" reserved for the use of public utilities, and for drainage purposes, subject at all times to the proper authorities and to the easement herein reserved. Owners of lots in this subdivision shall take their titles subject to the easements above described. 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 valid and complete delivery and dedication of the streets and easements showns on the plat. Hereafter, conveyance and description of any said lands by lot number as shown on plat, shall be proper and sufficient description thereof. -2- shall be purchased by the buyers subject to the following covenants, to -wit: 1. Land Use and Building Type. No lot shall be used except for residential purposes. The lots in this subdivision are designated and restricted for single family buildings only. No building shall exceed two and one-half stories in height. No structures shall be erected, altered, placed or permitted to remain on said lots except as located on each lot in conformance with the improvement location in the plat. All exteriors shall be of brick veneer or other maintenance -free material except for any area under recessed porches. 2. Architectural Control. No building shall be erected, or altered on any property in this subdivision until the building plans, specifications, exterior color scheme and plot plan showing the location of such building and parking area with respect to existing topography and finished ground elevations have been approved in writing by the Grantor, the successors or assigns. In the event the Grantor fails to approve or disapprove any plans, specifications, exterior color schemes or plot plans submitted to it, as herein required, within 30 days after submission, the convenant 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 Grantor shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining legal action relating to improvements within this subdivision which they would otherwise -3- be entitled to maintain. There shall be no compensation to Grantor for the services performed pursuant to this provision. 3. No lot shall be re -subdivided without written approval of Grantor, the successors or assigns. 4. All buildings constructed on said lots shall be located in the area designated on the Plat and oriented in the same manner unless written approval for a different building orientation has been approved by Grantor as set out in Paragraph 2 above. 5. No building or fence shall be constructed on any lot nearer to the street than the building line shown on the plat. No building shall be located nearer to an interior lot line that 10 per cent of the average width of the lot, provided, however, such side yard need not exceed 10 feet in width. For the purposes of this covenant, eaves, steps and open porches shall not be considered as a part of a building. The moving of any existent structure upon and to this property is prohibited. 6. No building, fences, incinerators, paved driveways or any other permanent structure or improvement of any kind, whether herein specifically enumerated shall be built within the area of any of the easements shown on the plat. No utility will be liable for destruction of same in maintaining or repairing its lines located within the area of said easement. 7. Any single-family dwelling constructed upon any lot shall possess not less than the space approved. by the Architectural Committee. -4- located at the rear of the buildings only. 9. 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. 10. No structures of, temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently; nor shall any trailers or other movable structures be maintained for storage or any other purposes within the subdivision, except during construction. No motor home or travel trailer shall be parked on anything but a temporary basis in the subdivision nor shall any owner erect or allow to be erected any radio tower or satellite antenna. 11. Removal of trees of greater that 6 inches in diameter must have prior approval. Front yard, side yard and 25 feet beyond back building lines must be sodded solid with grass. Corner and center island lots must be solid sodded. Each lot must be landscaped with shrubs and trees which will enhance the quality and appearance of the home. 12. No metal fencing will be allowed within the subdivision and no fencing of any type shall be placed in the front of the building line. No fence, wall, hedge or shrub planting, which obstructs sight lines at elevations of more than 30 inches above -5- the roadways, shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and line connecting at points 50 feet from the intersection of the street lines, or, in the case of the rounded property corner, within the triangular formed by tangents at points 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 (8) feet to prevent obstruction of such sign lines. 13. No obstruction shall be placed in the street, gutter or curbs. Curbs shall be broken at driveways, and driveway grades lowered to meet the gutter line not more than two (2) inches above gutter grades. 14. Any lot or lots upon which a single-family dwelling is erected must be provided with a hard surfaced parking area. 15. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which might be or may become an annoyance or nuisance to the neighborhood. 16. 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 for any commercial purpose. 17. These convenants and restrictions shall not be amended, cancelled or supplemented unless an instrument signed by at least 80 percent of the owners of the aforesaid lots is placed on record agreeing to change the covenants and restrictions in whole or in part and any change must be approved by the Little Rock Planning Commission. 18. These convenants 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 twenty (20) years from the date these convenants and restrictions are recorded, after which time said convenants and restrictions shall be automatically extended for successive periods of ten (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. However, nothing contained within this paragraph shall be construed to deny to Grantor the right to exercise Architectural Control as set out in Paragraph 2 hereof as long as Grantor retain the ownership of one or more lots in the subdivision. 19. 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 persons owning a lot or lots in said addition to prosecute any proceedings at law or in equity against the persons violation or attempting violate any such convenant or restriction and either to prevent him or them from so doing of to recover damages or other due for such violation. 20. The invalidation of any one of these convenants or restrictions by judgement or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. -7- IN WITNESS WHEREOF the Grantors have executed this Bill of Assurance this 977.1 day of Jo" & , 1989. 1r� ' Phillips Development Corporation By: Chester D. Phillips, President STATE OF ARKANSAS) ) ss COUNTY OF PULASKI) UBSCRIBED AND SWORN TO 1989. My Commission Expires: --11--�-CZp LITTLE ROCK PLANNING COM SIOONN APPROVED before me this day of Notan Pub lc am PHILLIPS DEVELOPMENT CORPORATION PROSPECT BUILDING 1501 N. UNIVERSITY, LITTLE ROCK, ARKANSAS 72207 (501) 666-9629 June 9, 1989 Joe White White-Daters & Associates, Inc. 401 Victory Little Rock, Arkansas 72201 Re: Cedar Branch Subdivision Joe: Enclosed is the signed original Bill of Assurance and an Union National Bank Cashier's Check in the amount of $16.00 for recording the Plat and Bill of Assurance. I have sent Van McClendon a photo copy of the revised Bill of Assurance. When you are ready to sign the Plat, call me. Kindest regards, PHILLIPS DEVELOPMENT CORPORATION Chester D. Phillips Enclosure CDP:le [y� WHITE-OATERS & ASSOCIATES, INC. 401 Victory Street Little Rock, Arkansas 72201 ko[501 ] 374-1666 Comprehensive Planning City of Little Rock City Hall Little Rock, AR 72201 Gentlemen: It is requested that a CeKtificate of Final Plat Approval be issued for E6&CAI , located in Section, T- - , R !_ -i_, Little Rock, Pulaski County, Arkansas. Please let us know if there is additional information required. Sincerely, WHITE-DATERS & ASSOCIATES, INC. By: �el Enclos es: LJ4&11*4 '� c +O /�W'� CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Phillips Development Corporation, Robert M. Cearley, Jr. and Sarah T. Cearley, his wife, are the sole owners of the following described lands lying in the County of Pulaski, State of Arkansas, to -wit: and, Part of Plot "H", Woodland Heights, a subdivision of the NE 1/4 SW 1/4 and NW 1/4, Section 21, T-2-N, R-13- W, Pulaski County, Arkansas, more particularly, described as: Beginning at the Northeast corner of said Plot "H", said corner being located on the West right- of-way line of Fairview Road; thence S1014140" E along the East line of said Plot "H", 411.81 ft. to a point; thence Northwesterly along the arc of a 691.20 ft. radius curve to the right, having a chord bearing and distance of N80026155" W, 84.90 ft. to a point; thence N7605514011W, 31.42 ft. to a point; thence Northwesterly along the arc of 741.20 ft radius curve to the left, having a chord bearing and distance of N8304914011W, 174.62 ft. to a point; thence S8903412011W, 344.64 ft. to a point; thence Northwesterly along the arc of 691.20 ft. radius curve to the right, having a chord bearing and distance of N86023120"W,- 97.43 ft. to a point on the West line of said Plot "H", 78.87 ft., N105015011W of the Southwest corner thereof; thence N105015011W along said West line, 350.0 ft. to the Northwest corner thereof; thence N8803510611E along the North line of said Plot "H", 732.47 ft to the point of beginning, containing 6.1952 Acres more or less. WHEREAS, it is desirable that all of the above -described property be subdivided into lots, blocks, tracts and streets; NOW, THEREFORE, WITNESSETH: THAT WE, Phillips Development Corporation, Robert M. Cearley, Jr. and Sarah T. Cearley, his wife, hereinafter called "Grantors", have caused said tract of land to be surveyed by White-Daters & Associates, Inc., Registered Professional Engineers and Registered Land -Surveyors, and a plat thereof made which is identified by the title "Cedar Branch Subdivision" and the date and by the signature of said Engineer and the said Grantors, and bearing 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 at page , and the Grantors do hereby make this Bill of Assurance. 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 embraced in said plat shall be forever known as "Cedar Branch S.ubdivision,--a� addition to the City of Little Rock, Arkansas." ors The ran 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 "Utility Easement" and/or "Drainage Easement" reserved for the use of public utilities, and for drainage purposes, subject at all times to the proper authorities and to the easement herein reserved. Owners of lots in this subdivision shall take their titles subject to the easements above described. 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 valid and complete delivery and dedication of the streets and easements shown on the plat. -2- Hereafter, conveyance and description of any said lands by lot number as shown on plat, shall be proper and sufficient description thereof. The lots in subdivision shall be sold by the Grantors and shall be purchased by the buyers subject to the following covenants, to -wit: 1. Land Use and Building Type. No lot shall be used except for residential purposes. The lots in this subdivision are designated and restricted for single family buildings only. No building shall exceed two and one-half stories in height. No structures shall be erected, altered, placed or permitted to remain on said lots except as located on each lot in conformance with the improvement location in the plat. All exteriors shall be of brick veneer or other maintainance-free material except for any area under recessed porches. 2. Architectural Control. No building shall be erected, or altered on any property in this subdivision until the building plans, specifications, exterior color scheme and plot plan showing the location of such building and parking area with respect to existing topography and finished ground elevations have been approved in writing by the Grantors, their successors or assigns. In the event the Grantors fail to approve or disapprove any plans, specifications, exterior color schemes or plot plans submitted to it, as herein required, within 30 days after submission, the covenant shall be deemed to have been fully met by the person submitting such plans for approval. Nothing -3- herein contained nor the required consent of the Grantors shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining legal action relating to improvements within this subdivision which they would otherwise be entitled to maintain. There shall be no compensation to Grantors for the services performed pursuant to this provision. 3. No lot shall be re -subdivided without written approval of Grantors, their successors or assigns. 4. All buildings constructed on said lots shall be located in the area designated on the Plat and oriented in the same manner unless written approval for a different building orientation has been approved by Grantors as set out in Paragraph 2 above. 5. No building or fence shall be constructed on any lot nearer to the street than the building line shown on said plat. No building shall be located nearer to an interior lot line than 10 per cent of the average width of the lot, provided, however, such side yard need not exceed 10 feet in width. For the purposes of this covenant, eaves, steps and open porches shall not be considered as a part of a building. No main building shall be built on any lot in said addition nearer than 25 feet to the front or rear lot lines. The moving of any existent structure upon and to this property is prohibited. 6. 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 -4- maintained within the area of any of the easements shown on the plat, and in the event any such obstruction is placed thereon in violation 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. 7. Any single-family dwelling constructed upon any lot shall possess not less than 1300 square feet per each level structure or 1500 square feet of living area per each two story structure. Each dwelling structure shall contain an attached two car garage. The minimum living area requirement shall be determined by the floor area of that part of the structure that is heated, plus the outside walls of the heated area. 8. All private trash bins or similar containers shall be located at the rear of the buildings only. 9. 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. 10. No structures of temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently; nor shall any trailers or other movable structures be maintained for storage or any other purposes within the subdivision, except during construction. No motor home or travel -5- trailer shall be parked on anything but a temporary basis in the subdivision nor shall any owner erect or allow to be erected any radio tower or satellite antenna. 11. Removal of trees of greater than 6 inches in diameter must have prior approval. Front yard, side yard and 25 feet beyond back building lines must be sodded solid with grass. Corner and center island lots must be solid sodded. Each lot must be landscapped with shrubs and trees which will enhance the quality and appearance of the home. 12. No metal fencing shall be allowed within the subdivision and no fencing of any type shall be placed in the front of the building line. 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 the rounded property corner, within the triangular formed by tangents to the cure at its beginning and end, and a line connecting them at points 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 (8) feet to prevent obstruction of such sign lines. 13. No obstruction shall be placed in the street, gutter or curbs. Curbs shall be broken at driveways, and driveway grades lowered to meet the gutter line not more than two (2) inches above gutter grades. 14. Any'lot or lots upon which a single-family dwelling is erected must be provided with a hard surfaced parking area. 15. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which might be or may become an annoyance or nuisance to the neighborhood. 16. 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 for any commercial purpose. 17. These covenants and restrictions shall not be amended, cancelled or supplemented unless an instrument signed by at least 80 per cent of the owners of the aforesaid lots is placed on record agreeing to change the covenants and restrictions in whole or in part and any change must be approved by the Little Rock Planning Commission. 18. 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 twenty (20) years from the date these covenants and restrictions are recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless 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. However, nothing contained within this paragraph shall be construed to deny to Grantors the right to exercise Architectural -7- Control as set out in Paragraph 2 hereof as long as Grantors retain the ownership of one or more lots in the subdivision. 19. 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 persons owning a lot or lots in said addition to prosecute any proceedings at law or in equity against the persons violating or attempting to violate any such covenant or restriction and either to prevent him or them from so doing of to recover damages or other due for such violation. 20. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF the Grantors have executed this Assurance this day of1988. l hill' � De��1ap n Cor1a )ss COUNTY OF PULASKI) SUBSCRIBED AND SWORN 5 4.— 1988. My Commission expires: i-( -I � Bill of 71 'ex'4r Sarah T. Cearley TO before me this 15'4�i day of J �Aclfl Notary Public