HomeMy WebLinkAboutS-0608 ApplicationBILL OF ASSURANCE
CHARLESTON PLACE SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, Randy Davidson, Davidson Construction Company,_
Inc., Little Rock, Arkansas, hereinafter called "Allotter", is the
owner of said lands lying in the County of Pulaski, State of Ar-
kansas, described as follows:
LEGAL DESCRIPTION
A tract of land situated in the SE}, NWJ, SW}, Section 34, Town-
ship 2 North, Range 13 West, Pulaski County, Arkansas, more
particularly described as follows:
Beginning at the SE corner of the NW}, SW}, Section 34, thence
N8703911311W, along the South line of said NW}, SWI a distance of
291.8' to a point on the East right-of-way line of I-430; thence
N0302714611E along said East right-of-way line a distance of 74.51;
thence N0901012411E, 257.371; thence, continuing N0901012411E a dis-
tance of 145.551; thence, NO02110611W along said East right-of-way
line a distance of 45.91; thence, S7604515111E, 20.01; thence run
along a curve to the left with radius of 160.4' and a chord bear-
ing a distance of N7900412011E, 136.2; thence, S1102512011E, 42.69;
thence, S0503914011E, 178.21; thence S8703714011E, 50.01; thence
SO100514011W, 330.01, to the point of beginning and containing 2.90
acres, more or less.
And, it is deemed desirable that the above described prop-
erty be now subdivided into building lots and streets, as shown on
the plat filed herewith as more particularly designated hereinaf-
ter, and that said property be held, owned and conveyed subject to
the protective covenants herein contained, in order to enhance the
value of said property.
NOW, THEREFORE, for and in consideration of the benefits to
accrue to Davidson Construction Company, Inc. an Arkansas Corpora-
tion, its successors and assigns, which benefits it acknowledges
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to be of value, has caused to be made a plat filed herewith show-
ing surveys made by Robert C. Lowe, Registered Surveyor, and
executed by him August, 1987, executed by it September, -1987, and
bearing a certificate of approval executed by the Little Rock
Planning Commission, said plat showing the bounds and dimensions
of the property now being subdivided into lots and streets, de-
scribed by lots and streets as shown thereon.
Allotter hereby donates and dedicates as easements of way on
and over such of the real property owned by it designated as
streets on said plat to be used by the public as private streets
(as shown on the Final Plat as access and utility easements). In
addition to the said streets, there are shown on said plat certain
easements for drainage and utilities which Allotter hereby donates
and dedicates to and for the use by public utilities, the same be-
ing without limiting 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 allotter also donates and dedicates to the City of Little
Rock, Lot 10 as a floodway parcel.
Private open areas, signs and private streets (as shown on
the Final Plat as access and utility easements), shall be main-
tained by the Property Owners Association, in perpetuity.
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 easements subject to the limitations herein set out.
The lands embraced in said plat shall be forever known as
Charleston Place Subdivision, being a subdivision in Pulaski
County, Arkansas, and any and every deed of conveyance of any lot
in said subdivision describing the same by the number or numbers
shown on said plat shall always be deemed a sufficient description
thereof.
Said lands herein platted and any interest therein shall be
held, owned and conveyed, subject to and in conformity with the
following covenants which, subject to being amended or cancelled
as hereinafter provided, shall be and remain in full force and ef-
fect until July 1, 2010, to -wit:
RESTRICTIONS
1. Use of Land. None of the lots may be improved, used or
occupied for other than private residence purposes, and no duplex,
flat, or apartment, although intended for residence purposes, may
be erected or maintained thereon.
Any structure build on Lot 9 shall be built at or above elevation
403 M.S.L. No portion of Lots 1-8 lie with the 100 year
floodplain according to the Flood Insurance Map No. 050181-0058
dated August 5, 1985.
2. Architectural Committee. No building shall be erected,
placed or altered on any lot or tract designated as Reserved in
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this subdivision until the building plans and specifications
therefor, exterior color scheme, and materials thereof, and plot
plan, which plot plans show the location and facing of such
building, have been approved in writing by a majority of an
architectural committee or their duly authorized representatives,
representative or successors. In the event of the death or
resignation of any member of members of the above -named committee,
the remaining member or members shall have full authority to
approve or disapprove such plans, specifications, color scheme,
materials and plot plan, or to designate a representative or
representatives with like authority to fill any vacancy or
vacancies created by the death or resignation of any of the
aforesaid members, and said newly appointed members or member,
shall have the same authority hereunder as their predecessors as
above set forth. In the event the architectural committee fails
to approve or disapprove any such plans, specifications, color
scheme, materials and plot plans submitted to it as herein
required within thirty (30) days after such submission or in the
event no suit to enjoin the erection of such building or the
making of such alterations has been commenced prior to the
completion thereof, such approval shall not be required and this
covenant shall be deemed to have been fully complied with. The
architectural committee shall not be liable for any approval given
hereunder and any approval given shall not be considered as a
waiver of any requirement of or restriction in this Bill of
Assurance. Nothing herein contained shall in any way be deemed to
prevent any of the owners of property in this subdivision from
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maintaining any legal action relating to the improvements within
this subdivision which they would otherwise be entitled to
maintain. The powers and duties of such committee or its
designated representatives shall cease on or after July, 2010.
Thereafter, the approval described in this covenant shall not be
required unless prior to said date and effective thereon, a
written instrument shall be executed by the then record owners of
a majority of the lots in this subdivision and duly recorded,
appointing a representative or representatives who shall
thereafter exercise the same powers as .previously exercised by
said committee for such period as may be specified in such
instrument.
3. Height and Type of Residence. No residence shall be
erected, altered, placed or permitted to remain on any lot other
than one detached single-family residence not to exceed two and
one-half stories in height or a split-level residence and a
private garage for not less than two (2) cars.
4. Set -Back_ Requirements. No residence shall be located
on any lot nearer to the front lot line or nearer to the side
street line than the minimum building set -back lines shown on the
recorded plat. A building may be located on an interior lot line,
providing the adjoining building is a minimum of 10 feet, and
not nearer than 5 feet from the side or 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.
5. Area. No dwelling shall be constructed or permitted to
remain upon any lot in this subdivision which has a finished
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heating living area less than 1,700 square feet, (which shall not
include any basement or attic area used for storage. All dwell-
ings shall have a garage for at least two automobiles.
6. Commercial Structures. No building or structure of any
sort may ever be placed, erected or used for business,
professional, trade or commercial purposes on any portion of any
lot. This prohibition shall not apply to any business or
structures 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 service to Charleston Place Sub-
division.
7. Outbuildings Prohibited. No outbuilding or other de-
tached structure appurtenant to the residence (including satellite
dishes) may be erected on any of the lots hereby restricted with-
out the consent in writing of the architectural committee, unless
a detached garage.
8. 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.
9. Noxious Activity. No noxious or offensive trade or
activity shall be carried on upon any lot, nor shall any trash,
ashes or other 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. No vehicle may be
stored or allowed to be parked on any lot unless said vehicle is
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in evident good operative condition. No riding of all -terrain
vehicles will be permitted within the boundaries of the
subdivision.
10. Billboards Prohibited. The construction or maintenance
of billboards or advertising boards or structures or signs on any
lots is specifically prohibited except that billboards,
advertising board, structures or signs used by the Allotter
advertising the sale or rental or such property during the
construction and sales period are permitted provided they do not
exceed five square feet in size or signs approved by the
architectural committee displaying the name of a residential
complex, commercial establishments, parking instructions or
regulations relating to the use of recreation facilities. All
designs and placements of mailboxes shall also be governed by the
Architectural Review Committee.
11. Oil and Mineral Operations. No oil drilling, oil
development 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.
12. Existing Structure. No existing, erected building or
structure of any sort may be moved onto or placed on any of the
above -described lots.
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13. Temporary Structures. 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
permanently, nor shall any structure of a temporary character be
used for human habitation. All motor homes and travel trailers
shall not be allowed to be visible from the front of the property
other than on a temporary basis.
14. Easements for Public Utilities. Easements for access
and for the installation, maintenance, repair and replacement of
utility 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. In the event any
trees, shrubbery, incinerators, structures, buildings, fences,
pavement or similar improvements shall be grown, built or
maintained within the area of such easements, 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.
15. Fences. No fences, enclosure or part of any building of
any type or nature whatsoever shall ever be constructed, erected,
placed or maintained closer to the front lot line than the
building setback line applicable and in effect as to each lot;
provided, however, that it is not the intention of this paragraph
to landscape front yards. All fences shall be of wood
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construction and their design shall be approved by the
architectural committee. Moreover, no automobile, truck, trailer,
tent or temporary structure of any nature whatsoever, 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.
16. Property Lines and Boundaries. Iron pins have been set
on all lot corners and points of survey and all lot dimensions
shown on curves and chord distances, and all curve data as shown
on the attached plat filed herewith is 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
or distances as disclosed by the established pins, the pins as set
shall control.
17. 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 seisin
of title to said land, and Davidson Construction Company, an
Arkansas General Firm, its successors and assigns, and also the
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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 of Davidson Construction Company,
an Arkansas firm, its successors or assigns, or any owner or
owners of any lot or lots in this subdivision to enforce any of
the restrictions herein set forth at the time of its violation
shall, in no event to be deemed to be a waiver of the right to do
so thereafter. Davidson Construction Company, an Arkansas firm,
may, by appropriate agreement made expressly for that purpose,
assign or convey to any person or corporation all of the rights,
reservations and privileges herein reserved by it, and upon such
assignment or conveyance being made, its assigns or grantees may
at their option exercise, transfer or assign these rights or any
one or more of them at any time or times in the same way or manner
as though directly reserved by them or it in this instrument.
18. Modification of Restriction. Any and all of the
covenants, provisions or restrictions set forth in this Bill of
Assurance may be amended, modified, extended, changed or cancelled
in whole or in part, by a written instrument signed and acknowl-
edged by the owner or owners of more than 50% of the lots in this
subdivision, and the provisions of such instrument so executed
shall be approved by the Little Rock Planning Commission and shall
be binding from and after the date it is duly filed for record in
Pulaski County, Arkansas. These covenants, restrictions and pro-
visions of this instrument shall be deemed covenants running with
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the land and shall remain in full force and effect as hereinabove
and upon the expiration thereof on July 1, 2010, shall auto-
matically be continued thereafter for successive periods of ten
years each, unless terminated or cancelled as herein provided.
19. Common Use Areas. In the plat of the Charleston Place
Subdivision plat, the Allotter has designated a certain area of
land as Common Private Areas intended for the property owners in
said Addition and as set forth in the Charleston Place Subdivision
Homeowners Association Declaration, which said Home Association
Declaration is hereby incorporated into and made a part of this
Bill of Assurance.
20. 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.
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WITNESS our hands and seals this 31 day of August, 1987.
ATTEST:
By.�
ATTEST:
STATE OF ARKANSAS }
} ss:
COUNTY OF PULASKI }
On this3/ day of August, 1987, before me a Notary Public,
duly commissioned, qualified and acting, within and for the said
County and State, appeared in person the within named
R_i_3,v0,-z.t, 11 PA,rara l and
to me personally well known, who stated that they were the
President and Secretary of Davidson Construction Company, Inc. and
were duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said corpo-
ration, and further stated and acknowledged that they had so
signed, executed and delivered said Bill of Assurance for the con-
sideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this 3 / day of August, 1987.
Not y Public
myn Commission Expires:
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