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HomeMy WebLinkAboutS-0616-B ApplicationC+ O (D o "5 fD N J () Z Cl+ r. Q% O • z J n n Q cn -o c sL c+ c) Q C+ O O Z Q O n -� (D -O c") N cn J m N . v� C • o mo � rim z m r— c+ o=" .. c-r m - I (D m cn r m " m m 70 cn --- Pi O m � c) o -o c-) � r � o n z 4_-,:� 4-o-, N N J 'r. i yy 117 4 4 jk I' a a S g 6 c 7 8 k P I m.w a 9 10 _ I CERSTD E LJ C �tinsrr .. x 5 rL A AarANSA-5 TN rg S� rc 3�>�►� Z �,vwrrAll�y Q X ox �rra� Li v V %C All T )WAF Preliminary Plat 2N12W32 EDGERSTOUNE LANE 4 ADDITION 2 is NORTH 4%* MANES, CASTIN, MASSIE & MCGETRICK, INC. PLANNING - ENGINEERING - LAND DEVELOPMENT CONSULTANTS December 21, 1987 Ms. Bernadette Bettard City of Little Rock Office of Comprehensive Planning City Hall Little Rock, AR 72201 Re: Edgerstoune Lane Addition Dear Bernadette: We are herewith submitting the above -referenced project for re- view and approval by the Planning Commission. We are asking for preliminary plat approval on Edgerstoune Addition. This subdi- vision will contain approximately 14 lots and 90o feet of new private street construction. It is our understanding that these are private streets and, therefore, will not require any sidewalks. We have attached 15 copies of the preliminary plat and four copies of the preliminary Bill of Assurance. If you have any questions or comments concerning any of the above, please call me. Sincerely, MANES, CASTIN, MASSIE & MCGETRICK, INC. Patrick M. McGetrick, P.E. PMM:ac Enclosures 11225 Huron Lane, Suite 200 • P.O. Box 22408 • Little Rock, Arkansas 72221 • (501)223-9900 MANES, CASTIN, MASSIE A MCGETRICK, INC. PLANNING - ENGINEERING - LAND DEVELOPMENT CONSULTANTS January 6, 1988 Ms. Bernadette Bettard Office of Comprehensive Planning City of Little Rock City Hall Markham & Broadway Little Rock, Arkansas 72201 RE: Edgerstoune Lane Subdivision Dear Bernadette: In regards to the Preliminary Plat filed on Edgerstoune Lane, we would like to request the following variances: 1. We request that the street be constructed as a private street, built to the City of Little Rock's standards and specifications. The main reason for this request is that the street will be constructed in an 80 foot easement owned by the Little Rock Municipal Water Works. The Water Works has granted to the developers of Edgerstoune Lane a perpetual access easement over this 80 foot wide strip which allows them to construct a street as well as install utilities to serve the subdivision, but not to dedicate the street as a pub- lic thoroughfare. 2. We request a waiver on the length of the- cul-de-sac. The currently designed street is approximately 800 feet long, which e_cmeeds the 750 foot minimum length on cul-de-sacs. The terrain and current ownership of all the land to the south by Little Rock Municipal wa- ter Works does not allow for any other feasible design for access into this subdivision. 3. We request that the building set -back be reduced to 15 feet as measured from the back of the curb. This is necessitated by the steep terrain and the location of the road within a access easement furnished by the Wa- ter Works. 4. We request that the off-street parking, as shown on the plat, be permitted. This added parking is needed due to the fact the houses to be constructed on these lots will be built as close to the street as possible, thus, not allowing for sufficient guest parking. 11225 Huron Lane, Suite 200 • P.O. Box 22408 • Little Rock, Arkansas 72221 • (501)223-9900 Ms. Bernadette Bettard Page 2 January 6, 1987 5. We request a variance in the length -to -width ratio for the lots. As shown on the plat, the buildable area of these lots is shown by the top of the cut slope, which is a line through approximately the middle of the lot. The remainder of the lots (north one-half) is com- prised of a very steep embankment which is totally useless for construction or for development of a yard. We feel it is best to keep all this area in individual lots instead of platting it as a separate tract to be maintained by the Property Owners Association or by other means. We, therefore, request the variance in the length -to -width ratio to provide that this steep a. L.,. s included i. i t each individual lot. 6. The last variance is concerned with lot sizes required by the Hillside regulations. Although these lots are not of the size in square footage required due to the slopes in the area, they are considerably larger than other lots in this general vicinity. Normal lots in this area run approximately 50 to 60 feet in width, while our lots are in the neighborhood of 65 feet in width. At the present time we have only 14 lots shown for single family detached units which is a substan- tial reduction from the previously approved develop- ment for this property of 26 condominium units. It is felt that s he we have so few lots and in a isolated area, with no fur e ve rec ion, a a variance would be in vela oca Yon. We realize that this is a unique development in a very difficult location and therefore would hope that the City would look fa- vorable on the request for these variances. If you have any questions or desire any further information, please feel free tc, ^^^}'a ct n-A . Sincerely, MANES, CASTIN, MASSIE & MCGETRICK, INC. Patrick M. McGetrick, P.E. PMM:tl 4*4 MANES, CASTIN, MASSIE A MCGETRICK, INC. PLANNING - ENGINEERING - LAND DEVELOPMENT CONSULTANTS January 22, 1988 Ms. Bernadette Bettard Office of Comprehensive Planning City of Little Rock City Hall Little Rock, Arkansas 72201 RE: Edgerstoune Dear Bernadette: I would like to address the issues that were brought up during the Subdivision Committee meeting on Edgerstoune Subdivision. The first item was to notify the neighborhood. We did talk with Mr. Jim McKenzie of the Hillcrest Residents Association and he did not have any problems with the project. He was going to talk to some other neighbors and see if there were any problems. We have not heard back from him concerning any problem from the neighborhood. As far as redesigning the parking lot to provide parallel parking instead of perpendicular parking spaces, we have done that on the revised plat attached with this letter. We feel like we cannot comply with item three h_ic is the_ re- duc wo o s out o e subdivision. These lots are as rger than other neighborhood lots in the area. The number of lots, 14, is considerably less than the 26 units previously ap- proved as a condominium project for this site. Furthermore, we feel that detention can be provided in a cutoff ditch at the top of slope instead of having to be provided on Lot 14. We there- fore are still requesting that the 14 lots be approved as shown on the revised plat. li Itenumber four, concerning maintenance of the buttons and open ���� space,- __.there will be a Propertyoowner's Association which will be --charged with the maintenance of the easement and. - all __open space on this praje'ecc `� The final plat will have an instrument wlrich—w+-1-1—address the maintenance and function of the access easement.. The final plat will also be signed by AP&L as well as the Little Rock Municipal Water Works. The cut on the north portion of this site is a preexisting condition to this property and project. The slope is approximately 70%-80% with primarily a solid rock face. Some vegetation has naturally been reestab- lished on this slope and we feel like it would be very expen- sive, as well as almost impossible to landscape this almost sheer rock bluff. We will try to do what we can to the top of the slope, but--a--�far -.as- landscaping. the face of the bluff, it is not practic.aJ and- it would_ destroy what vegetation that has naurally started to grow. As far as Item 7, we will comply vet-�h-a- rz atv-s-tre,et�trictions as requested. 11225 Huron Lane, Suite 200 • P.O. Box 22408 • Little Rock, Arkansas 72221 • (501)223-9900 Ms. Bernadette Bettard Page 2 January 22, 1988 r We will work with the Engineering Department to provide what de- tention facilities are needed as well as complying with the Ex- cavation Ordinance. As previously mentioned, we do plan on pro- viding a diversion ditch at the top of the cut slope to prevent any further erosion of the slope. If you have any questions or desire any further information, please feel free to contact me. Sincerely, MANES, CASTIN, MASSIE & MCGETRICK, INC. Patrick M. McGetrick, P.E. PMM:tl cc: Mr. David McCreery " City of Little Rock Office of Comprehensive Planning City Hall Markham at Broadway Little Rock, Arkansas 72201 371-4790 Arkansas Power & Light Company Arkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department ame: Edgerstoune ile No. ocation: Lane Additio ype of Issue Preliminary Plat Re: Edgerstoune Lane Addition - Preliminary Plat Gentlemen: On J''anuary,26 , 1988, the Little Rock Planning Commission will consider the above referenced subject. A copy of the Issue is enclosed for your consideration, and your comments and/or recommendations will be greatly appreciated. Sincer ly, r Office of Comprehensive Planning (Please respond below, and return this letter for our record s.) OApproved as submitted __ Easements required (see attached plat or description below) Comments: BY cj Pr' Enclosure cc: Engineering Division City of Little Rock Office of Comprehensive P12 lanning City Hall Markham at Broadway Little Rock, Arkansas 72201 371-4790 Arkansas Power & Light Company Arkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department Name: Edgerstoune Lane Additiol File No. Location: Type of Issue Preliminary Plat Re: Edgerstoune Lane Addition - Preliminary Plat Gentlemen: On January, , 19 88, the Little Rock Planning Commission will consider the above referenced subject. A copy of the Issue is enclosed for your consideration, and your comments and/or recommendations will be greatly appreciated. Since -rely , 1 Office of Comprehensive Planning (Please/respond below, and return this letter for our records.) _ Approved as submitted __ __ Easements required (see attached plat or description below) Comments: By: Enclosure cc: Engineering Division ARKLA SAS � y EASEMENT APPROVED 7V EA�LM�ENT RE�IRED City of Little Rock Office of Comprehensive Planning City Han Markham at Broadway Little Rock, Arkansas 72201 371-4790 Arkansas Power & Light Company Arkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department ame: Edgerstoune Lane Additio ile No. ocation: ype of Issue Preliminary Plat Re: Edgerstoune bane Addition - Preliminary Plat Gentlemen: On January, 26 _, 19 88 , the Little Rock Planning Commission will consider the above referenced subject. A copy of the Issue is enclosed for your consideration, and your comments and/or recommendations will be greatly appreciated. Sincerely, Office of Comprehensive Planning (Please respond below, and return this letter for our records.) Approved as submitted Easements required (see attached plat or description below) Comments: By: Enclosure cc: Engineering Division ` City of Little Rock Office of Comprehensive Planning City Hall Markham at Broadway Little Rock, Arkansas 72201 371-4790 Arkansas Power & Light Company Arkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department ame: Edgerstoune Lane Additior ocation: e ry Plat t. Re: Edgerstoune Lane Addition - Preliminary Plat Gentlemen: JAN IX 19�� On January, 26___, 19_88 , the Little Rock Planning Commission will consider the above referenced subject. A copy of the Issue is enclosed for your consideration, and 'your comments and/or recommendations will be greatly appreciated. Sincer ly, �� � ]] Office of Comprehensive Planning (Please respond below, and return this letter for our records.) Approved as submitted Easements required (see attached plat or description below) Comments: Enclosure °: GE;-FAjGsR.� � 5� 1 cc: Engineering Division ) PRELIMINARY BILL OF ASSURANCE FOR EDGERSTOUNE LANE ADDITION WHEREAS, Edgerstoune Lane Joint Venture, an Arkansas General Partnership, hereinafter called "Allotter", is the owner of the real property located in Little Rock, Pulaski County, Arkansas, more particularly described in Exhibit "A" attached hereto and incorporated herein, hereinafter the "real property". WHEREAS it is deemed desirable that the real property be now sub -divided into private drives, building lots and service easements thereto, as shown on the plat filed herewith as more particularly designated hereinafter, and that said real property be held, owned and conveyed subject to the protective covenants herein contained which are imposed upon the real property in order to assure each owner's enjoyment of the view afforded each lot with the least restriction of use thereof and to enhance the value of said real property. NOW, THEREFORE, the Allotter for and in consideration of the benefits to accrue to Allotter, its successors and assigns, which benefits Allotter acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by Manes, Castin, Massie & McGetrick, Inc., registered engineers, dated 19 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, private drives and service easements thereto, as shown thereon. There are shown on said plats certain easements for drainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being without limiting 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. Said service easements shown by said plat are to be used and maintained as private streets and roads and as specifically designated as fire lanes for the purpose of access for fire fighting equipment and emergency service vehicles. The maintenance of the service easements shall be the responsibility of the Property Owners' Association as shown on the plat filed herewith. 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 shown on the said plat and service easements for service to the improvements as shown on the plat. The Allotter shall convey the real property more particularly described in Exhibit "B" attached hereto and made a part hereof to the Edgerstoune Lane Property Owners' Association on or before January 1, 1992 to be used by the Edgerstoune Lane Property Owners' Association exclusively for ingress and egress and landscaping and other aesthetic purposes. No improvements other than road surfacing material and landscaping shall be placed on the above referenced real property unless first approved' by the appropriate agencies of the City of Little Rock. -2- The real property embraced in said plat shall forever be known as "Lots 1 - 14 inclusive, Edgerstoune Lane, an Addition to the City. of Little Rock, Pulaski County, Arkansas" and any and every deed of conveyance of any Lot in said Addition that describes said Lot by the number shown on said plat shall always be deemed a sufficient description thereof. Said land herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants: 1. Use of Land. The land herein platted shall be held, owned and used only as residential building sites. No structures shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence. Each residence erected or maintained upon the land platted herein shall have a two -car carport or garage unless the requirement for such attachment is waived in writing by the Allotter. 2. Architectural Control. No building shall be erected, placed or altered on any property in this addition until the building plans and specifications and plot plan showing the location of such building with respect to existing topography, lot lines and finished ground elevations have been approved in writing by an Architectual Committee composed of David McCreery or his duly authorized representatives or successors. It shall be the purpose of the provisions of paragraph 2 hereof to maintain a conformity of buildings erected in this Addition each respecting the natural surroundings, privacy of adjacent lots and integrity of river views. In addition to the foregoing, the Allotter or Architectual Committee shall have the right to enter upon all portions of the property to thin, remove or trim vegetation with the purpose to protect and preserve the river views of all lots in this Addition. In the event of the death -3- or resignation of any member or members of the above -named committee, the remaining member or members shall have full authority to approve or disapprove such plans, specifications, 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 predecessor as set out above. In the event the Architectual Committee fails to approve or disapprove any such plans, specifications, and plot plan submitted to it as herein required within thirty 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 Architectual 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 the subdivision from maintaining any legal action relating to the improvements within this subdivision, which they would otherwise be entitled to maintain. The powers and duties of the Architectural Committee or its designated representatives shall cease on or after January 1, 1995 A.D. 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 -4- thereafter exercise the same powers as previously exercised by said Architectual Committee for such period as may be specified in such instrument. 3. Delegation of Authority. The Allotter has created the Edgerstoune Lane Property Owners' Association, Inc., a non-profit corporation, hereinafter the "Property- Owners' Association". The Allotter shall have the right, but not the obligation, by a written instrument recorded in the office of the Circuit Clerk and Ex-Officio Recorder for Pulaski County, Arkansas, to delegate, convey and transfer to such Property Owners' Association all authority, rights, privileges and duties reserved to the Allotter or the Architectual Committee in this Bill of Assurance, including but not limited to architectural control, modification of setback requirements, landscaping, removal or trimming of trees or shrubs, and consent to construction of outbuildings. 4. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance each Owner shall be deemed to covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Property Owners' Association, for the purpose of promoting the recreation, health, safety and welfare of the owners, in particular for the acquisition, servicing, improvement and maintenance of Common Properties and facilities which may be hereafter dedicated for use by Allotter. 5. Common Areas. In the Plat of Edgerstoune Lane, an Addition to the City of Little Rock, Pulaski County, Arkansas, the Allotter has designated common areas and common drives for the use of the owners, their agents, licensee, tenants, family, guests and invitees, which are intended as the sole -5- means of ingress and egress to the lots in said Addition, and in said common areas and along said common drives there may be landscaping, a fence at the entrance of the common drive and such other features as may be determined by the Allotter or Property Owners' Association. The common areas shall include any fence which may be placed at the entrance, common drives, perimeter security fences, landscaped areas and any other facilities or property which might be so designated on the Plat of this Addition or constructed by the Allotter or the Property Owners' Association. All common areas and common drives shall be maintained by the Property Owners' Association. 6. Title to the Common Area. The Allotter hereby covenants that title to the Common Area now owned by Allotter shall be conveyed to the Property Owners' Association when title to one half of the lots in this Addition have been transferred from Allotter or on the expiration of 24 months from the filing of the Plat of this Addition, whichever occurs first. 7. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot in this addition other than one detached single-family residence not to exceed two stories in height. 8. Setback Requirements. No residence shall be located on the lot nearer to the front lot line, rear lot line or side lot lines than the minimum building setback lines shown on the recorded plat; provided, such setback requirements may be modified if such modification is approved by the Allotter and the Little Rock Planning Commission or such other entity or regulatory agency as may succeed to their functions. No building shall be located nearer to an interior lot side line than a distance of 10 0 of the average width of the QM lot, provided, however, that such distance need not exceed 10 feet. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenant, steps and porches not under roof shall not be considered as a part of the building. It is the intention that all dwellings be in line ( same distance from curb) within a twenty foot tolerance, unless otherwise approved in writing by Allotter or the Architectual Committee prior to the beginning of any construction. Because of the terrain of the property in this Addition, Allotter recognizes that special situations may arise which will require deviation from dwelling location requirements in certain instances which shall be acceptable only upon written approval by Allotter or the Architectual Committee. The violation or attempted violation of this provision or any other provision, herein, may be prevented by injunction without bond and further is subject to any other remedies available at law or in equity. These setback requirements shall not apply to Lot 14. 9. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in this addition unless the finished heated or cooled living area, exclusive of porches, patios, carports, garages, breezeways, exterior stairways, storage areas and out -buildings, shall equal or exceed that shown in the following schedule: ONE STORY SPLIT LEVEL OR MULTI -STORY Lot Number Minimum Sq. Ft. Minimum Square Feet All Lots 1,850 2,500 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. If two or more Lots are merged a one-story dwelling constructed on the merged Lots must contain a minimum of 2,500 Ia square and a multiple story dwelling a minimum of 3,500 square feet. 10. Height of Other Structures. No structure of any kind, including but not limited to any radio or television antenna or towers, shall be built or permitted to remain upon the lot if the height of such structure is more that six feet higher than the ridge line of the residence upon such lot. No satellite television disc shall be allowed on any Lot. 11. Utilities. All owners of Lots shall install and maintain underground, in conformity with applicable code requirements and other regulations, electric service, telephone service conduits, TV cables and any other cable or service conduits between the point of service of such utility service and the point of use of such owner. Overhead wires and cables for utility services and street lighting are prohibited. 12. Commercial Structures. No building or structure of any type 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 structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to this addition. 13. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Allotter and the approval in writing of the City of Little Rock. 14. 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 MM dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for commercial purposes. 15. 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. 16. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures on any lot is specifically prohibited, except that billboards advertising the sale or rental of such property are permitted, provided they do not exceed eight square feet in size. 17. Oil and Mineral Operations. No oil drilling, oil development, oil refining, quarrying or minimg operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 18. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 19. Existing Structure. No existing, erected building or structure of any sort may be moved onto or placed on any of the above described Lots. 20. Temporary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants' quarters erected on a Lot covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. -9- 21. Easements for Public Utilities and Drainaffe. Easements 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 and lengths, reference being hereby made to the plat filed herewith for a more specific description of width, length and location thereof. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, constructed or maintained within the area of such utility or drainage easement: In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, constructed or maintained within the area of such easements, no person, firm or corporation engaged in supplying public utility services shall be liable for the damage or destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easements. 22. Common Driveway Easement. In addition to the aforesaid utility easements, the Allotter hereby creates and establishes a common private driveway easement, as shown on said plat, for the common use of the owners of all the Lots and such owners have the joint and several obligation to maintain the paved surface upon said easement. 23. 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 that the building setback line applicable and in effect as to each Lot, provided, however that chain link or similar fences are in all events strictly prohibited and shall not be used under any circumstances; provided, further, that it is not the intention of this paragraph to exclude the -10- use of shrubbery to landscape the front yard. 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. 24. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevation above fifteen (15) feet on or within Twenty (20) feet of the rear lot lines shall be permitted to remain on said lot. No tree or shrub shall be permitted to remain on or near the rear lot line unless the foliage lines are maintained at sufficient height to prevent obstruction of such sight lines. These restrictions shall not affect any mature trees or shrubs that presently exist on the Lots or are placed on the Lots by Allotter prior to , 198 , provided that the non -restricted trees and shrubs shall be maintained, pruned and trimmed to not obscure the view of the Lot owners. 25. Property Lines and Boundaries. Iron pins have been set on all lot corners and points of curve and all lot dimensions shown on curves are chord distances, and all curve data as shown on the attached plat filed herewith 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 and distances as disclosed by the established pins, the pins as set shall control. 26. Ground Frontage. No Lot shall be subdivided. 27. ' Ri ht to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all -I1- 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 improvements thereon, but no restriction herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their term of holding title to said land, and Allotter, its successors and assigns, and also the owner or owners of any of the Lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure of Allotter, its successors or assigns, or any owner or owners of any Lot or Lots in this addition to enforce any of the restrictions herein set forth at the time of its violation shall, in no event be deemed to be a waiver of the right to do so thereafter. 28. Modification of Restrictions. 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 acknowledged by the owner or owners of more than 50 o in area of the total land contained within this Addition. The provisions of such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2013. 11 Extension. All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive -12- period of ten years each unless modified, terminated or cancelled as provided herein. 30. Manfactured or Pre -Fabricated Homes. No manufactured or pre -fabricated homes shall be placed upon or constructed upon any Lot. 3. 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. EXECUTED this STATE OF ARKANSAS COUNTY OF PULASKI day of December, 1987. Edgers u� Lane By Join Venture ss: ACKNOWLEDGMENT On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned, and acting, the within named David G. McCreerv, to me personally well known, who stated that he was the Sole Partner of Edgerstoune Lane Joint Venture, and stated and acknowledged that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said Partnership, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration and purposes therein mentioned and set forth. WITNESS NY HAND AND OFFICIAL SEAL on this December, 1987. My Commission Expires: Notary Public day of -13- EXHIBIT "A" Tract B , Cook-Alworth Subdivision in the City of Little Rock, Arkansas. EXHIBIT "B" The North 80 feet of the West 946.4 feet of the SEI of the SE1, Section 32, T-2-N, R-12-W, Pulaski County, Arkansas, except any part thereof which has previously been dedicated to the public for street right-of-way for North Martin Street. PRELIMINARY BILL OF ASSURANCE FOR EDGERSTOUNE LANE ADDITION WHEREAS, Edgerstoune Lane Joint Venture, an Arkansas General Partnership, hereinafter called "Allotter", is the owner of the real property located in Little Rock, Pulaski County, Arkansas, more particularly described in Exhibit "A" attached hereto and incorporated herein, hereinafter the "real property". WHEREAS it is deemed desirable that the real property be now sub -divided into private drives, building lots and service easements thereto, as shown on the plat filed herewith as more particularly designated hereinafter, and that said real property be held, owned and conveyed subject to . the protective covenants herein contained which are imposed upon the real property in order to assure each owner's enjoyment of the view afforded each lot with the least restriction of use thereof and to enhance the value of said real property. NOW, THEREFORE, the Allotter for and in consideration of the benefits to accrue to Allotter, its successors and assigns, which benefits Allotter acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by Manes, Castin, Massie & McGetrick, Inc., registered engineers, dated , 19 , 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, private drives and service easements thereto, as shown thereon. There are shown on said plats certain easements for drainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being without limiting 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. Said service easements shown by said plat are to be used and maintained as private streets and roads and as specifically designated as fire lanes for the purpose of access for fire fighting equipment and emergency service vehicles. The maintenance of the service easements shall be the responsibility of the Property Owners' Association as shown on the plat filed herewith. 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 shown on the said plat and service easements for service to the improvements as shown on the plat. The Allotter shall convey the real property more particularly described in Exhibit "B" attached hereto and made a part hereof to the Edgerstoune Lane Property Owners' Association on or before January 1, 1992 to be used by the Edgerstoune Lane Property Owners' Association exclusively for ingress and egress and landscaping and other aesthetic purposes. No improvements other than road surfacing material and landscaping shall be placed on the above referenced real property unless first approved by the appropriate agencies of the City of Little Rock. -2- The real property embraced in said plat shall forever be known as "Lots 1 - 14 inclusive, Edgerstoune Lane, an Addition to the City of Little Rock, Pulaski County, Arkansas" and any and every deed of conveyance of any Lot in said Addition that describes said Lot by the number shown on said plat shall always be deemed a sufficient description thereof. Said land herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants: 1. Use of Land. The land herein platted shall be held, owned and used only as residential building sites. No structures shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence. Each residence erected or maintained upon the land platted herein shall have a two -car carport or garage unless the requirement for such attachment is waived in writing by the Allotter. 2. Architectural Control. No building shall'be erected, placed or altered on any property in this addition until the building plans and specifications and plot plan showing the location of such building with respect to existing topography, lot lines and finished ground elevations have been approved in writing by an Architectual Committee composed of David McCreery or his duly authorized representatives or successors. It shall be the purpose of the provisions of paragraph 2 hereof to maintain a conformity of buildings erected in this Addition each respecting the natural surroundings, privacy of adjacent lots and integrity of river views. In addition to the foregoing, the Allotter or Architectual Committee shall have the right to enter upon all portions of the property to thin, remove or trim vegetation With the purpose to protect and preserve the river views of all lots in this Addition. In the event of the death -3- or resignation of any member or members of the above -named committee, the remaining member or members shall have full authority to approve or disapprove such plans, specifications, 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 predecessor as set out above. In the event the Architectual Committee fails to approve or disapprove any such plans, specifications, and plot plan submitted to it as herein required within thirty 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 Architectual 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 the subdivision from maintaining any legal action relating to the improvements within this subdivision, which they would otherwise be entitled to maintain. The powers and duties of the Architectural Committee or its designated representatives shall cease on or after January 1, 1995 A.D. 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 -4- thereafter exercise the same powers as previously exercised by said Architectual Committee for such period as may be specified in such instrument. 3. Delegation of Authority. The Allotter has created the Edgerstoune Lane Property Owners' Association, Inc., a non-profit corporation, hereinafter the "Property- Owners' Association". The Allotter shall have the right, but not the obligation, by a written instrument recorded in the office of the Circuit Clerk and Ex-Officio Recorder for Pulaski County, Arkansas, to delegate, convey and transfer to such Property Owners' Association all authority, rights, privileges and duties reserved to the Allotter or the Architectual Committee in this Bill of Assurance, including but not limited to architectural control, modification of setback requirements, landscaping, removal or trimming of trees or shrubs, and consent to construction of outbuildings. 4. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance each Owner shall be deemed to covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Property Owners' Association, for the purpose of promoting the recreation, health, safety and welfare of the owners, in particular for the acquisition, servicing, improvement and maintenance of Common Properties and facilities which may be hereafter dedicated for use by Allotter. 5. Common Areas. In the Plat of Edgerstoune Lane, an Addition to the City of Little Rock, Pulaski County, Arkansas, the Allotter has designated common areas and common drives for the use of the owners, their agents, licensee, tenants, family, guests and invitees, which are intended as the sole M72 means of ingress and egress to the lots in said Addition, and in said common areas and along said common drives there may be landscaping, a fence at the entrance of the common drive and such other features as may be determined by the Allotter or Property Owners' Association. The common areas shall include any fence which may be placed at the entrance, common drives, perimeter security fences, landscaped areas and any other facilities or property which might be so designated on the Plat of this Addition or constructed by the Allotter or the Property Owners' Association. All common areas and common drives shall be maintained by the Property Owners' Association. 6. Title to the Common Area. The Allotter hereby covenants that title to the Common Area now owned by Allotter shall be conveyed to the Property Owners' Association when title to one half of the lots in this Addition have been transferred from Allotter or on the expiration of 24 months from the filing of the Plat of this Addition, whichever occurs first. 7. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot in this addition other than one detached single-family residence not to exceed two stories in height. 8. Setback Requirements. No residence shall be located on the lot nearer to the front lot line, rear lot line or side lot lines than the minimum building setback lines shown on the recorded plat; provided, such setback requirements may be modified if such modification is approved by the Allotter and the Little Rock Planning Commission or such other entity or regulatory agency as may succeed to their functions. No building shall be located nearer to an interior lot side line than a distance . of 10 0 of the average width of the -6- lot, provided, however, that such distance need not exceed 10 feet. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenant, steps and porches not under roof shall not be considered as a part of the building. It is the intention that all dwellings be in line ( same distance from curb) within a twenty foot tolerance, unless otherwise approved in writing by Allotter or the Architectual Committee prior to the beginning of any construction. Because of the terrain of the property in this Addition, Allotter recognizes that special situations may arise which will require deviation from dwelling location requirements in certain instances which shall be acceptable only upon written approval by Allotter or the Architectual Committee. The violation or attempted violation of this provision or any other provision, herein, may be prevented by injunction without bond and further is subject to any other remedies available at law or in equity. These setback requirements shall not apply to Lot 14. 9. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in this addition unless the finished heated or cooled living area, exclusive of porches, patios, carports, garages, breezeways, exterior stairways, storage areas and out -buildings, shall equal or exceed that shown in the following schedule: ONE STORY SPLIT LEVEL OR MULTI -STORY Lot Number Minimum Sq. Ft. Minimum Square Feet All Lots 1,850 2,500 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. If two or more Lots are merged a one-story dwelling constructed on the merged Lots must contain a minimum of 2,500 -7- square and a multiple story dwelling a minimum of 3,500 square feet. 10. Height of Other Structures. No structure of any kind, including but not limited to any radio or television antenna or towers, shall be built or permitted to remain upon the lot if the height of such structure is more that six feet higher than the ridge line of the residence upon such lot. No satellite television disc shall be allowed on any Lot. 11. Utilities. All owners of Lots shall install and maintain underground, in conformity with applicable code requirements and other regulations, electric service, telephone service conduits, TV cables and any other cable or service conduits between the point of service of such utility service and the point of use of such owner. Overhead wires and cables for utility services and street lighting are prohibited. 12. Commercial Structures. No building or structure of any type 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 structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to this addition. 13. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Allotter and the approval in writing of the City of Little Rock. 14. 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 M dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for commercial purposes. 15. 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. 16. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures on any lot is specifically prohibited, except that billboards advertising the sale or rental of such property are permitted, provided they do not exceed eight square feet in size. 17. Oil and Mineral Operations. No oil drilling, oil development, oil refining, quarrying or minimg operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 18. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 19. Existing Structure. No existing, erected building or structure of any sort may be moved onto or placed on any of the above described Lots. 20. Temporary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants' quarters erected on a Lot covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. -9- 21. Easements for Public Utilities and Drainage. Easements 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 and lengths, reference being hereby made to the plat filed herewith for a more specific description of width, length and location thereof. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, constructed or maintained within the area of such utility or drainage easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, constructed or maintained within the area of such easements, no person, firm or corporation engaged in supplying public utility services shall be liable for the damage or destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easements. 22. Common Driveway Easement. In addition to the aforesaid utility easements, the Allotter hereby creates and establishes a common private driveway easement, as shown on said plat, for the common use of the owners of all the Lots and such owners have the joint and several obligation to maintain the paved surface upon said easement. 23. 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 that the building setback line applicable and in effect as to each Lot, provided, however that chain link or similar fences are in all events strictly prohibited and shall not be used under any circumstances; provided, further, that it is not the intention of this paragraph to exclude the -10- use of shrubbery to landscape the front yard. 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. 24. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevation above fifteen (15) feet on or within Twenty (20) feet of the rear lot lines shall be permitted to remain on said lot. No tree or shrub shall be permitted to remain on or near the rear lot line unless the foliage lines are maintained at sufficient height to prevent obstruction of such sight lines. These restrictions shall not affect any mature trees or shrubs that presently exist on the Lots or are placed on the Lots by Allotter prior to , 198 , provided that the non -restricted trees and shrubs shall be maintained, pruned and trimmed to not obscure the view of the Lot owners. 25. Property Lines and Boundaries. Iron pins have been set on all lot corners and points of curve and all lot dimensions shown on curves are chord distances, and all curve data as shown on the attached plat filed herewith 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 and distances as disclosed by the established pins, the pins as set shall control. 26. Ground Frontage. No :ot shall be subdivided. 27. 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 -11- 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 improvements thereon, but no restriction herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their term of holding title to said land, and Allotter, its successors and assigns, and also the owner or owners of any of the Lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure of Allotter, its successors or assigns, or any owner or owners of any Lot or Lots in this addition to enforce any of the restrictions herein set forth at the time of its violation shall, in no event be deemed to be a waiver of the right to do so thereafter. 28. Modification of Restrictions. 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 acknowledged by the owner or owners of more than 50% in area of the total land contained within this Addition. The provisions of such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2013. 29. Extension. All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive -12- period of ten years each unless modified, terminated or cancelled as provided herein. 30. Manfactured or Pre -Fabricated Homes. No manufactured or pre -fabricated homes shall be placed upon or constructed upon any Lot. 3. 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. EXECUTED this STATE OF ARKANSAS COUNTY OF PULASKI day of December, 1987. K ss : ACKNOWLEDGMENT On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned, and acting, the within named David G. McCreery, to me personally well known, who stated that he was the Sole Partner of Edgerstoune Lane Joint Venture, and stated and acknowledged that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said Partnership, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration and purposes therein mentioned and set forth. WITNESS NY HAND AND OFFICIAL SEAL on this December, 1987. My Commission Expires: Notary Public day of -13- EXHIBIT "A" Tract B , Cook-Alworth Subdivision in the City of Little Rock, Arkansas. EXHIBIT "B" The North 80 feet of the West 946.4 feet of the SEI of the SE1, Section 32, T-2-N, R-12-W, Pulaski County, Arkansas, except any part thereof which has previously been dedicated to the public for street right-of-way for North Martin Street.