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HomeMy WebLinkAboutS-0643 ApplicationCity of Little Rock Office of Comprehensive City Hall Markham at Broadway Little Rock, Arkansas 72201 371-4790 1 . ale : No (0q ile No. ocation: ype of Issue Q, Arkansas Power & Light Company " Yokansas Louisiana Gas Company uthwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department Gentlemen: { On l�a l� _ , 19-2tal 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, 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 City of Little Rock Office of Comprehensive Planning City Hall Markham at Broadway Little Rock, Arkansas 72201 371-4790 kansas Power & Light Company rkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department ame : �k�� q� ile No. (0 4 ocation: ype of Issue Re: C I& C Gentlemen: On t , 19R(2, the Little Rock Planning Commis ion 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, �j 1 r, Office of Comprehensive Planning (Please spond below, and return this letter for our records Approved as submitted Easements required (see attached plat or description below) Comments: R By: KL SAS Enclosure cc: Engineering Division EASEMENT APPRWI/ED EASEMENT REQUIRED iff Et City of Little Rock Office of city Hall Comprehensive Markham at Broadway Planning Little Rock, Arkansas 72201 371-4790 Name: "tio File No. Co 3 Location: ,Type of Issue Arkansas Power & Light Company Arkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System Xunty Planning ittle Rock Fire Department Re: Gentlemen: On , 19R(,r,,, 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� lyt,.y� 41 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: r Al J: Enclosure 727/— 7qG cc: Engineering Division 15tCity of Little Rock Office of Comprehensive , City Hall Markham at Broadway Little Rock, Arkansas 72201 371-4790 Arkansas Power & Light Company ame ile No. ocation: ype of Issue! hrrat3cu Arkansas Louisiana Gas Company Southwestern Bell Telephone Company Little Rock Municipal Water Works Little Rock Wastewater Utility System County Planning Little Rock Fire Department f Re: Gentlemen: On,l , 191:j-., the Little Rock Planning Commis ion 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: By: _ _' - 6o6( L10 Enclosure cc: Engineering Division PRELIMINARY BILL OF ASSURANCE WHISPERING PINES SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, ----------------------. an Arkansas joint venture, hereinafter called "Allotter", is the owner of said lands lying in the County of Pulaski, State of Arkansas, described as follows: PROPERTY DESCRIPTION Whispering Pines Subdivision Part of the South half of the NE4, Section 14, T-1-S, R-13-W, Pulaski County, Little Rock, Arkansas. More particularly described as: Beginning at the center of Section 14, T-1-S, R-13-W; thence N 10081W, along the west line of the NE4, 296.211; thence N 89053'02"E, 153.85'; thence N 0°17'33"W, along the east property line of Castle Valley Subdivision Phase I, 1,024.83', to the North line of the South half of the NE4 Section 14, T-1-S, R-13-W; thence N 88°52'E, along said North line of the Sz Section 14, 2,500.341, to the NE corner of the SE4, NE4 Section 14; thence S 00581E, along the East line of said Section 14, 671.2'; thence S 54°401W, 1,160.2', to the South line of the NE4 of said Section 14; thence along said South line, S 89103'W, 1,691.4' to the point of beginning, containing 3,035,791.34 square feet, or 69.7 acres, more or less. And, it is deemed desirable that the above described property be now subdivided into building lots and streets, as shown on the plat filed herewith as more particularly designated hereinafter, 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. 1 NOW, THEREFORE, for and in consideration of the benefits to accrue to , an Arkansas Joint Venture, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by , Registered Surveyor, and executed by him , 19_, executed by it 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 and streets, described by lots and streets as shown thereon. Allotter hereby donates and dedicates to the public as easement 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 public streets. 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 being without limiting generality of the foregoing electric power, gas, telelphone, 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 filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. 2 The lands embraced in said plat shall be forever known as Whispering Pines 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 effect until July 1, 2,000, to -wit: DEFINITION OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. The word "lot" shall mean lot as platted, but excluding the tracts designated as Reserved. A "corner lot" shall be deemed to be any lot as platted having more than one street contiguous to it. RESTRICTIONS 1. Use of Land. None of the lots defined as "Low density residential" may be improved, used or occupied for other than private residence purposes, and no duplex, flat, apartment or condominium, although intended for residence purposes, may be erected or maintained thereon. 3 The tracts of land designated on the plat of Whispering Pines Subdivision, as Reserved shall be used in accordance with regulations of the City of Little Rock and Pulaski County, Arkansas. 2. Architectural Committee. No building shall be erected, placed or altered on any lot or tract designated as Reserved in 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 or 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 4 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 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 1, 2000. 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 Whispering Pines Subdivision, 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 or carport. 4. Subdivision of Lots. No lot shall be re -subdivided into a smaller lot, provided however, lots may be split to increase the size of adjacent lots. 5. 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 F recorded plat. No building shall be located nearer to an interior lot line than a distance of 10% of the average width of the lot or 8 feet, whichever is less, except that a permitted accessory building located 35 feet or more from the minimum building set -back line may be placed not nearer than 5 feet from the side or rear lot line. No principal dwelling shall be located on any lot nearer than 25 feet to the 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. 6. Area. No dwelling shall be constructed or permitted to remain upon any lot in this subdivision which has a finished heating living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling less than 1,000 square feet. 7. 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 residential 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. 8. Cutbuildin s Prohibited. No outbuilding 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 architectural committee, unless a detached garage. 9. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or 2 part thereof, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for commercial purposes. 10. 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 in evident good operative condition. 11. 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. 12. 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. 7 13. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 14. Existing structure. No existing, erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 15. Temporary Structures. No trailer, basement, 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. 16. Easements for Public Utilities. 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, 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, incineratoars, 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. 17. 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; 8 provided, however, that it is not the intention of this paragraph to landscape front yards. 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. 18. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty inches above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points fifty (50) feet from the intersection of the street line, or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points fifty feet from their intersection. The foliage line of any tree located within such distances of such intersections must be maintained at a height of not less than eight feet from the adjacent roadway to prevent obstruction of such sight lines. 19. 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. 9 20. 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 , an Arkansas joint venture, 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 , an Arkansas joint venture, 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. an Arkansas joint venture, may, by apporpriatae 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 10 directly reserved by them or it in this instrument. 21. 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 acknowleged by the owner or owners of more than 80% in area of the land 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 provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as hereinabove and upon the expiration thereof on July 1, 2,000, shall automatically be continued thereafter for successive periods of ten years each, unless terminated or cancelled as herein provided. 22. Common Use Areas. In the plat the Allotter has designated a certain area of land as Common Private Areas intended as a recreation area and for related activities for the property owners. 23. 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. 11 WITNESS our hands and seals this day of , 19 . By Attest: By Attest: STATE OF ARKANSAS) ) ss: COUNTY OF PULASKI) On this day of , 19_1 before me a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named and to be personally well known, who stated that they were the and were duly authorized in their respective capacities to execute the foregoing Bill of Assurance for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said Bill of Assurance for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of 19 My Commission Expires: Notary Public 12 City of Little Rock _ Engineering Division IDepartment of 701 West Markham \ Public Works Little Rock, Arkansas 72201 371-4800 M E M O R A N D U M February 14, 1986 TO: Bernadette Bettard, Office of Comprehensive Planning FROM: David W. Hathcock, Engineering Graphics -Chief SUBJECT: Street Name Duplications The Street Names in Whispering Pines Subdivision, are duplicating Street Names and are disapproved through this office. DWH/bd SUBDIVISION DATE A7, /O 8� ITEM NO. , - FILE NO. NAME: /sp,&,,z in/ 6 P//vc S ,5-0 /F 1 /2 LOCATION: (_'hl/QT 4O/ 1 $pNC H 2 0. . Z, 127 14/C nrvri nnrn ENGINEER NAME: .D/41 0 i e-10,OU57- CO. 1,0I4AIPX, of-MiAI r91,45SI-6-- �iY1�6Cr/zrc« STREET ADDRESS /p 40 / li/ /lI.4lflee("w 0 SO ! W I G( aW S T CITY/STATE/ZIP 1Z /T/Z- L IZ ; /9/Z- 7Z // S r TELEPHONE NO. ZZ e� 4;03 S 7s-e AREA NUMBER OF LOTS FT. NEW STREET 4 SU ZONING PROPOSED USESL- PLANNING DISTRICT CENSUS TRACT VARIANCES REQUESTED: CITY OF LITTLE ROCK NO. OFFICE OF COMPREHENSIVE PLANNING --�-- FILING FEES Little Rock, Ark. Rezoning Board of Ad ' t-MVTt-I-E pI ica-tion. . . . . . . . . Preliminary Plat . . ... . . . . . . . . . . . . Final Plat . . . . . . . . . . . . . . . . . Street Name Signs: No. Signs At Ea. . . . s TOTAL W�% �i',5+o By. File No.: Address: Applicant; 19—�-.