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HomeMy WebLinkAboutS-0643-E Applicationw m m m Postage 5 m Iq Certified Fee ru �. ig gosSRlark Return Receipt Fee ' Here. ' mO (Endorsement Required) . p Restricted Delivery Fee C3 (Endorsement Required) 0 Total Postage & Fees $ a , ru m Serf To 0 William & Shirley Gran 'or PO npi o. 8568 Warren Parkway #218 � or PO Box No. }� O City, St'a{e, Z/F Frisco, TX 75034 ree Reverse for Instructions — Q_ m m Postage m ru ru Certified Fee a. o (C2 = Pa5t1D jl m Return Receipt Fee (Endorsement Required) N Fi N ` 0 0 Restricted Delivery Fee r �r O (Endorsement Required) �'`:-�1rti,.." l rij Total Postage &Fees g j q m O Sent To _.________- Elbert A. McCracken, Jr. a s AW. No. P.O. Box 1776 C3 or PO Box No. City State, ziP Livingston, MT 59047 a a r m m Postage S m r Certified Fee M �+ i� + � Post m Return Receipt Fee R' O (Endorsement Required) i 1:3 Rearioted Delivery Fee Gr-1• 4 p (EndorsementR®quired) e C3 Total Postage & Feesru ,$ -' • - m Sent To Lakeview Country Club ra Simet. Apt. No.; 0 or PO Box No- 8500 Castle Valley road C3 'eji; 4Siaie,-ZIP+4 Mablevale, AR 72103 I' Ln m Postage m 5 ,• .\ ra ru Certified Fee r � Ro5i I m Retum Receipt Fee Required) t` 0 (Endorsement O Restricted Delivery Fee O (Endorsement Required) C3 & Fees $ �� •`�� Total Postage I —' m 0 Sera To Kathryn W. Sanders or o' 2102 Jackson Road p C3 PO Box Na or PO o Poplar Bluff, MO 63901 PS Form :10- January 2001 See Reverse for- Instruct d a a do .° q •� �IjI 13 a r1 ❑ El 1:3 °o 0 6 �a ❑ ❑ ❑ o � O a° I RUN" t� a a ❑d O [J o �1 � ❑ e0 ❑ °og❑ ❑ p fI ❑ oo ad 0 ❑ R2 ❑ ❑ R2 " ❑ o' C2 �- Ej 9 p IL .R2 12 0 PDR - R2 e Q 9 7 :/ 9 ` -- - - -i pI p a 6 4. 9AS7LE VAS Rq s� ii liJ -"---"'- o. MF6 dRa { 4 0 IN os En 9C R2 c f n � lJ ❑ c n • ❑ O n ° LQ3 RE N a ❑ CJ o ❑ o v q • O o Z ❑ �%e WALTa Yi n ° �• WQOQSHIVE OR 'CD� [iIM�Rd' o e Ei3 ❑ ° _ q# EN RD Area Vicinity Map CJU1llii Case: S-643-E N Location: S. of Castle Valley Rd. at Lake View Golf Course Ward: 7 PD: 15 CT: 41.05 TRS: T1SR13W14 0 350 700 Feet Y a 0 0 0 Cy- Ln ROW VALLEY ROAD _J Q ry f- Y a 0 CD z pf:i.: UJo a_ry cn � o 5-643-Ee WHISPERING OAKS SUBDIVISION 0 PHASE II PRELIMINARY PLAT Et City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6B63 April 16, 2007 McGetrick and McGetrick 10 Otter Creek Court, Suite A Little Rock, AR 72210 Planning Zoning and Subdivision Re: Whispering Oaks Subdivision Phase 2 Preliminary Plat (S-643-E), located South of Castle Valley Road at Lake View Golf Course Dear Sirs: This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on April 12, 2007: k Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to Other: Please submit three copies of the approved possible so that your file may be closed out. not hesitate to contact me at 371-6821. Respectfully, Donna James, AICP Subdivision Administrator Meeting. preliminary plat to me as soon as If you have any questions please do 03-27-'07 14:41 FROM - i -tSbl t ww.5l n1J r-uL i FIRST NATIONAL TITLE COMPANY 4001 N. RODNEY PARHAM RD., SLG 1 SUITE 101 LITTLE ROCK, ARKANSAS 72212 PHONE: 501-221-0101 FAX: 501-221-0629 FILE 4 0703-257-SB The following is a list of all owners of property lying within 200 feet of See attached Commitment No. 0702-038 and Commitment No. 0702�039 LEGAL DESCRIPTION OWNER/MAILING ADDRESS Sec 14, T-I-S, R 13-W Lakeview Country Club Parcel 45L-088-00-061-00 8500 Castle Valley Rd Mabelvale, AR 72103 Same as above William E. dt Shirley Gran Parcel 45L-088-00.064-00 8568 Warren Parkway - #218 Frisco, TX 75034 Same as above Kathryn W. Sanders Parcel 45L-088-00-063-00 2102 Jackson Rd Poplar Bluff, MO 63901 Same as above Elbert A. McCracken, Jr. Parcel 44L-088-00-068-00 P.O. Box 1776 Livingston, MT 59047 Same as above Lakeview Country Club Parcel 45L-088-00-071-00 Coulter Lake Rd Mabelvale, AR 72103 subd.doc 8 09/22/05 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO SUBDIVIDE PROPERTY To ALL owners of land lying adjacent to (including across the street from) the boundary of the property located at: (GENERAL LOCATION OF PROPERTY ON WHICH IS PROPOSED TO BE SUBDIVIDED) (ADDRESS OF PROPERTY TO BE SUBDIVIDED, IF AVAILABLE) Owned by: -T azf� (NAi1E�F�O 16 Rev,�L ev!%XS PC, OF OWNER) Number of proposed lots: i : ; Proposed use of property: — _ ;% I F� l� 'y� L_ NOTICE IS HEREBY GIVEN THAT an application for the subdivision of the property cited above has been filed with the Department of Planning and Development. A public hearing to review a prelirpinary plat for this orly will be held by the Little Rock Planning Commission on / , at 0 i3 P.M. in the Board of Directors Chamber, second floor, Littli Rock C y Hall, located at 500 W. Markham Street. Note: The platting into lots and streets may involve a request for variances or waivers from the standards set forth in the Subdivision Regulations of the City of Little Rock. ALL PARTIES IN 04MREST MAY APPEAR and be heard at the above cited time and place, or any party in interest may notify the Planning Commission of their views on this matter by letter. All persons interested in this request arc invited to call or visit the Department of Planning and Development, located at 723 W. Markham St., phone, 371-4790, to review and discuss the application information with the Planning staff. Correspondence to the Planning Commission may be addressed to the Commission as a whole or to individual Commission members in care of the Little Rock Department of Planning and Development, 723 W. Markham St., Little Rock, AR 72201. AFFIDAVIT I hereby certify that I have notified all the abutting property owners of record of the above property that subject property is being considered for subdivision and that a Public Hearing is to be held by the Little Rock Planning Commission at the time and place des bed above. Applicant (Owner or Authorized Agent) G'L G (Name) O. (Date) 10, City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6663 Subdivision NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND TO: Southwest Little Rock United for Proizress ATTENTION: Ms. Sharon ADDRESS: 5304 Park Vi ttle Rock. AR 72209 REQUEST: Whispering Oaks Subdivision Phase 2 Prelimina Plat S-643-E a request to create eleven single-family lots from an existinjg 3.2 acre site. A variance to allow an increased lot depth to width ratio is being requested. GENERAL LOCATION OR ADDRESS: located south of Castle Valley Road at the Lake View Golf Course OWNED BY/APPLICANT: Jay Hobbs — Pat McGetrick Agent NOTICE IS HEREBY GIVEN THAT an application for a Preliminajy Plat of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on April 12 2007 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development I.N..-T — Mai,ch ", 2007 of Little Rock EtCity Department of Planning and Development 723 WOSI, l4ark..harn SEFEt l Planning UM A**. ArkaMs 72201-1334 Zoning and Phone, (5011) 371.4790 Fax: (501) 39a•3435 or 371-6663 Subdivision DATE: March 6, 200' Entergy (2) NAA2E: Wbispering Oaks Subdivision Phase 2 Pretinainary WD Center .Point- ,A,hRKLA Plat 13 AT&T(2) l '- Central Arkansas Water � TYPE, OF ISSUE: Preliminary Plat - Single-family G Little Dock Wastewater Pulaski County Plannittg FILE NUI BER: S-643-E Little Rock Fire 1?cpamracnt U Public Works: Engi^string, Traffic (2) LOCATION: South of Castle Valley Road at Latce View Golf ❑ Parks and Rcoreatign Dupsrnnen: Courxc C Planning and Development - Site Plan Review -- ---- -- -� D Planning and Development Graphics U CATA TO WHO IT MAY CONCERN: On A nil T2,— d 711te .Little Rock Planndng Contmisslor, will ccnsider the above referenced issue, NOTE: The interdapartmental Meeting et which this issue wi:! be discussed will be beld on ?fa 6. zu NOTE: T1ie Subdivision Committue Meeting at which this issue will be discussed Mil be held an Inn h . �. A cof,y of the plan for the .referenced issue is ez:closcd for your consideration, and your cOMmerls and/or rccotrnnenclaticns will be Fppreciated. 5:nceA cly, Donna les, AICP Subdivision Administrator (Please respond below and retu.m this letter witb tour corrvnents for our records.) „ Approved as Submitted. PLEASE RETURN COMNIFNI'S BY Viareh 14.300 _ Easement (s)required (See: attached plat or description,) *To ali udlities. of an easernent is requested which is in excess of 10 feed in width, provide.iuslificatiorx for the easement or the request. will not be included in dhe Planning Comm&slot3 agenda. Comments: By; Erslosure City of Little Rock Department of Planning and Development Planning k= 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6663 Subdivision DATE: March 6, 2007 ❑ Entergy (2) ❑ Center Point - ARKLA ❑ AT & T (2) ❑ Central Arkansas Water ❑ Little Rock Wastewater ❑ Pulaski County Planning ❑ Little Rock Fire Department ❑ Public Works: Engineering, Traffic (2) ❑ Parks and Recreation Department El NAME: Whispering Oaks Subdivision Phase 2 Preliminary Plat TYPE OF ISSUE: Preliminary Plat — Single-family FILE NUMBER: S-643-E LOCATION: South of Castle Valley Road at Lake View Golf Course Planning anCt Development — 51te Plan Keview ❑ Planning and Development Graphics ❑ CATA TO WHO IT MAY CONCERN: On April 12, 2007 the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on March 16, 2007. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on March 22, 2007. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. Sincerely, Donna mes, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY March 19, 2007. Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: By: Enclosure City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 DATE: March 6, 2007 ❑ Entergy (2) ❑ Center Point - ARKLA ❑ AT&T(2) ❑ Central Arkansas Water ❑ Little Rock Wastewater ❑ Pulaski County Planning ❑ Little Rock Fire Department ❑ Public Works: Engineering, Traffic (2) ❑ Parks and Recreation Department El NAME: Whispering Oaks Subdivision Phase 2 Preliminary Plat TYPE OF ISSUE: Preliminary Plat — Single-family FILE NUMBER: S-643-E LOCATION: South of Castle Valley Road at Lake View Golf Course Planning and Development — Site Plan Review Planning and Development Graphics CATA TO WHO IT MAY CONCERN: On April 12, 2007 the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on March 16, 2007. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on March 22, 2007. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. Sincerely, Donna les, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY March 19, 2007. Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: By: Enclosure tFX City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 DATE: March 6, 2007 ❑ Entergy (2) ❑ Center Point - ARKLA ❑ AT & T (2) ❑ Central Arkansas Water ❑ Little Rock Wastewater ❑ Pulaski County Planning [ Little Rock Fire Department ❑ Public Works: Engineering, Traffic (2) ❑ Parks and Recreation Department ❑ Planning and Development — Site Plan ❑ Planning and Development Graphics ❑ CATA TO WHO IT MAY CONCERN: Planning Zoning and Subdivision NAME: Whispering Oaks Subdivision Phase 2 Preliminary Plat TYPE OF ISSUE: Preliminary Plat — Single-family FILE NUMBER: S-643-E LOCATION: South of Castle Valley Road at Lake View Golf Course Review On April 12, 2007 the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on March 16, 2007. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on March 22, 2007. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. Sincerely, Donna les, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY March 19, 2007. Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of I0 feet in width, provide justification for the easement or the request will not he included in the Planning Commission agenda. Comments: By: osure .wbd.doc 4 09/22/05 INFORMATION SHEET FOR OR SUBDIVIISIaN S f P LAN' REVIEWS ITEM NO. DATE J I , FILE NO. NAME:111SlI�G �Gj N�SC LOCATION: DEVELOPER: STREET ADDRESS 4 71,6 /ecv &A/C CITY/STATE/ZIP Z-1. T U TELEPHONE NO. ENGINEER: STREET ADDRESS CITY/STATE/ZIP z/ T- TELEPHONE NO. 7 S.5-0 8 9 9 AREA G Vey NUMBER OF LOTS // FT. NEW STREET 0 ZONING - -z- PROPOSED USES R ` -2-- PLANNING DISTRICT VARIANCES REQUESTED 1.) 2.) 3.) 4.) CENSUSTRACT WGETRICK & W.GETKICK, INC. ENGINEEK5 - PLANNER5 - DEVELOPER5 January 04, 2007 Ms. Donna James Subdivision Administrator 723 Markham Street Little Rock, AR 72201 Re: Preliminary Plat Whispering Oaks Phase H Dear Ms. James: We are herewith submitting the above captioned project for review. The property consists of 3.2 acres and is zoned R-2. Phase H will consist of 11 lots. We are submitting this preliminary plat for review and approval. If you have any questions regarding this application, please feel free to contact us. Sincere, McGetrick & McGetrick, Inc. Patrick M. McGetrick, P.E. PM:cb 10 Otter Creek Court, 5ulte A Uttle Rock, AR 72210 501-455-8899 fax 501-455-8898 BILL OF ASSURANCE WHISPERING OAKS SUBDIVISION PHASE 2 LITTLE ROCK, ARKANSAS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Jay Hobbs, hereinafter called "Allotter", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as follows: WHEREAS, 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. NOW, THEREFORE, for and in consideration of the benefits to accrue to Jay Hobbs, 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 Robert C. Lowe, Jr., Registered Surveyor, and executed by him , 20 , executed by it 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 and 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, 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 filing of this Bill of Assurance and Plat for Record in the office of the Circuit County Clerk of Pulaski County shall be valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The lands embraced in said plat shall be forever known as Whispering Oaks, Little Rock, Arkansas being a Subdivision in Section 14, Township 1 South, Range 13 West, 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 canceled as hereinafter provided, shall be and remain in full force and effect until July 1, 2020, and thereafter for successive periods of ten years each, unless terminated or canceled as herein provided. 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. A "corner lot" shall be deemed to be any lot platted having more than one street contiguous to it. 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, apartment or condominium, although intended for residence purposes, may be erected or maintained thereon. 2. Architectural Committee. No building or other structure shall be erected, placed or altered on any lot or tract designated as Reserved in this subdivision until the building plans and specifications therefore, 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 composed of 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 to 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 commended 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 maintaining any legal action relating to the improvements within this subdivision which they would otherwise be entitled to maintain. 3. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot numbered in Whispering Oaks, Little Rock, Arkansas 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. Subdivision of Lots. No lot shall be re -subdivided such that the result of said subdivision decreases the area of said lot by more than ten percent (10%) without the prior written approval of the Architectural Committee; provided, however, lots may be split to increase the size of adjacent lots. 5. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or nearer to the said street line than the minimum building setback lines shown on the recorded plat. No building shall be located nearer to an interior lot line than a distance of ten percent (10%) of the average width of the lot except that a permitted accessory building located 35 feet or more from the minimum building setback 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 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 heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling less than 1,300 square feet, except as provided hereinafter: (a) Two or More Levels - Basement Type. If a dwelling has finished heated living area on a different level, and the finished floor levels of such areas are separated by more than eight feet measured vertically, then such dwelling shall have at least 1,200 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling, and shall have at least a total of 1,850 square feet of finished heated living area; however, the top plate line amount of floor space may be reduced from 1,200 square feet of finished heated floor space to 1,000 square feet of finished heated floor area, if the double garage area of not less than 450 square feet is also on the top plate line level, and the total heated finished area in the dwelling is not less than 1,900 square feet of floor space. (b) Two-Stou and Sto -and-a Hal . If a dwelling has finished heated living areas on two or more levels or stories, which levels or stories are immediately above and below each other measured vertically and all of such levels or stories are above the finished exterior grade of such dwelling, then such dwelling shall have at least 950 square feet of finished heated living area measured in a horizontal plane tot he face of the outside wall at the top of plate line of the first level or story of such dwelling and shall have at least a total of 1,850 square feet of finished heated living area, provided, however, that the top story or level may have less than 700 square feet of finished heated living area if the first level or story shall have at least 1,200 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall of the first level or story of such dwelling and such dwelling shall have at least a total of 1,850 square feet of finished heated living area. In the computation of finished heated living area, the same shall not include any basement or attic area used for storage. All dwellings shall have an attached carport or garage for at least two automobiles. 7. Exterior Finish. All single story residences shall have a minimum of 30% of exterior walls of approved masonry finish. Two-story and two -and -a -half -story residents shall be exempt from any masonry finish requirements. 8. 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 the Whispering Oaks, Little Rock, Arkansas. 9. Outbuildings 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. 15. Existing Structure. No existing erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 16. 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. 17. 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, 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 this destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 18. Fences and Mail Boxes. 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 exclude the use of evergreens or other shrubbery to landscape front yards. All fences shall be of wood, masonry, or wrought iron construction and their design shall be approved by the Architectural Committee. Mail boxes, so long as they are located at the street, shall be constructed in conformance with design criteria adopted by the Architectural Committee. Moreover, no automobile, truck, trailer, boat, tent or temporary structure of any nature whatsoever, shall ever be parked, located, or otherwise maintained on any lot unless the Architectural Committee has approved said parking, location or maintenance together with any restrictions the Architectural Committee deems appropriate, provided that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles or trucks one-half ton or smaller in size on any portion of the garage driveway. 19. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty (30) 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 (50) 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 (8) feet from the adjacent roadway to prevent obstruction of such sight lines. 20. 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. 21. 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 restrictions herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their seizing of title to said land, and Jay Hobbs, 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 Jay Hobbs, its successors and 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. Jay Hobbs, 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. 22. Modification of Restriction. Other than for amendments covered under paragraph four of this document, any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled in whole or in part, by a written instrument signed and acknowledged by the owner or owners of more than eighty percent (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, 2020, shall automatically be continued thereafter for successive periods of ten (10) years each, unless terminated or canceled as herein provided. 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 therein, but they shall remain in full force and effect. WITNESS our hand and seals this day of Jay Hobbs Owner ATTEST: APPROVED: LITTLE ROCK PLANNING COMNUSSION By Date .20 ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF ) On this day of . 20 before me, a Notary Public, duly commissioned, qualified and acting within and for the said County and State, appeared in person the within named Jay Hobbs, to me personally well know, who stated that he is the owner, and was duly authorized in his respective capacity to execute the foregoing Bill of Assurance, and further stated and acknowledged that he 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 My Commission Expires P Notary Public 10. 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. 11. Noxious Activily. 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. 12. 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 boards, structures, or signs used by the Allotter advertising the sale or rental of such property during the construction and sales period are permitted provided they do not exceed 5 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. 13. 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. 14. Cesspool. No leaching cesspool shall ever be constructed or used on any lot.