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HomeMy WebLinkAboutS-0648-F ApplicationCITY Ot-LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOQD REVITALIZATION AND PLANNING FILING FEES NO. Annexation . . . . . . . . . . . . . . . . . $ E Board of Adjustment Application. . . . . . . $ t Conditional Use Permit . . . . . . . . . $ Final Plat . . . . . . . . . . . . . . . . . $ s Planned Unit Development �, .a $ r Preliminary Plat �,. . . . . $ Rezoning Application s .fit ,-%J !r _. $ c � Site Plan {Multiple Building $ Special. Use Permit . . . . G''yi����'"0 $ Street, Alley, or Easement Closure . . . . $ t Street Name Change . . . . . . . . . . . . . $ Street Name Signs: # Signs at ea. $ TOTAL $ J Z •L File No.: 5- ti 4e" Address: f� Alf, - Applicant: BY: © WHJTE-CATERS & ASSOCIATES, INC. .` 401 Victory Street Little Rock, Arkansas 72201 (501) 374-1666 City of Little Rock Department of_Neighborhood Planning 723 W. Markham Little Rock, AR 72201 Gentlemen: It- requ Section Arkansas. Plat Approval be issued for , located in Kittle Rock, Pulaski County, Please let us know if there is additional information required. Sincerely, WHITE-DATERS & ASSOCIATES, INC. By. �/� Q01r4 [' 4-Uv tom/ `z`� l /.3 Enclosures: COW e8 � N V V J W V CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING BILL OF ASSURANCE FOR RIVER HEIGHTS AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS Lots 4R, 5R and 6 through 15 WHEREAS, Greg Golden Trustee, the owner, hereiinafter called 'Grantor', of the real property located in Pulaski County, Arkansas, described in the attached Exhibit "A" and incorporated herein. WHEREAS, it is desirable that all of the described real property set forth in Exhibit "A" be subdivided into building lots, as shown on the attached Plat, 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, Grantor has caused said tract of land to be surveyed by White-Daters and Associates, Inc. >howing the bounds and dimensions of the property now being subdivided into lots described by lots as shown therein. There are shown on said Plat certain easements for access, drainage and utility easements, which Grantor here donates and dedicates to and for the use by public utilities and related facilities; same being without limiting the 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 utility services to use and occupy such easements and to have free nngress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. In the Bill of Assurance for lots 1 through 5, and by this Bill of Assurance, Grantor has donated and dedicated to the public no right of way for streets, but does hereby provide for an easement as a canal and common drive for "Canal Pointe" and "River Heights", within the area shown on the Plat and the property described on the attached Exhibit "A" as access, drainage and utilities, to be used for ingress, egress and regress only by persons approved the Riverdale Rarbour Property Owners Improvement District #1 of the City of Little Rock ("Harbour District"), by the owners of property fronting the common drive, and by the owners of the lots, their agents, licensees, tenants, family, guests, invitees and for fire, police, postal and related services. Should an access gate be installed limiting open access to the common drive to other than the foregoing, an on site emergency override key will be prominently displayed for use by fire, police, and other utilities and such entities shall be held harmless from any damages resulting from forced entrance. The lands embraced in said Plat shall be forever known as "River Heights", an addition to the City of Little Rock, Arkansas, in every deed of conveyance for 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 land 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 January 1, 2025, to -wit: 1. LAND ❑SE AND BUILDING TY Said land herein platted in numbered lots shall be held, owned irid used only as residential building sites. No structures shall be erected, altered, placed or permitted to remain on ;uiy building site other than a single detached single family dwelling which shall not exceed thirty-five (35) feet in height or as limited by the Plat, a private garage for not more than three cars, guest house, servants' quarters, and ether outbuildings incidental and related to residential use of the premises without prior approval in writing by the Grantor, or any Property Owner Control Committee hereafter established. 2. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any property in this Addition until the building plans, specifications, exterior color scheme and plot plan showing the location and facing of such building with respect to existing topography, street and finished ground elevations have been approved in writing by Grantor, or its agent. 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, the community development theme, privacy of adjacent lots, and integrity of river and canal views. Grantor shall have the right, by an instrument in writing, to create a Property Owners Control Committee to be composed of not less than three (3) individual or corporate property owners in this Addition and to transfer to such Committee or the Riverdale Harbour Municipal Property Owners Improvement District the full authority herein reserved to Grantor. In the event Grantor, or any Property Owners Control Committee hereafter established, fails to approve or disapprove any plans, specifics Lions, -xterior color scheme, or plot plan submitted to it, as herein required, within thirty (30) days after such submission, this covenant shall be deemed to have been fully met by the person submitting such plans for approval. Nothing herein contained, nor the required consent of the Grantor or any Property Owners Control Committee, shall in any way be deemed to prevent any of the owners of property in this Addition from maintaining any legal action relating to .improvements within this Addition which they would otherwise be entitled to maintain. There shall be no compensation to Grantor, or any Property Owners Control Committee hereafter established, for the services to be Lerformed pursuant to this provision. 2 3 . MINIMUM PRINCIPAL DWELLING SIZV. No principal residential structure shall be permitted on any building site in this Addition, with a total square foot determined by the outside measurements of actual livable floor area, excluding covered porches and garages, of less than 1,500 square feet in all. Should any building site consist of more than one lot, or portions thereof, the minimum requirements shall be deemed applicable to such combined site. All dwellings placed upon the said premises shall be of new construction and shall be of first class workmanship and of quality materials. 4. BUILDING LOCATION. No building shall be located on any building site nearer to either side lot line, the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded Plat. 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. 5. LOT AREA. No lot as originally platted shall be subdivided into smaller portions or areas, except as approved by the Grantor and in compliance with all applicable ordinances of the City of Little Rock. 6. EASEMENTS-. Easements for the access, installation, maintenance, operation and replacement of utility services and for drainage have been hereinabove reserved where designated on the Plat, reference being made to said Plat for a more specific location thereof. As the electric and telephone facilities are underground, any alterations or lowering of the surface grade of the ground in any easement and the area immediately adjoining such easement are prohibited which would result in there being less than 28 inches of clearance either vertically or horizontally between the surface grade and the primary underground electric cables and conductors supplying electric power and service, and as the electric distribution transformer stations are located on surface grade fills within the area of said easements and upon the lands adjacent thereto, any alterations or lowering of the surface grade which will damage, or which will interfere with the installation, maintenance and operation of the electric and telephone cables, facilities and equipment, and the supplying of services from such equipment are also prohibited. No trees, incinerators, structures, buildings, pavement or other similar improvements shall be grown, built or maintained within the area of any such utility easement. No excavations within the area of such easements for the erection of any fences or for any other purposes shall be made which would interfere with the installation, maintenance, repair and replacement of any utility service. In the event any such tree, incinerator, structure, building, fence, pavement or similar improvements shall be grown, built or maintained within the area of such easement, no utility will 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. 7. UENBRAL EASEMENT. All areas within the Plat are subject to an access and maintenance easement for the purposes and with the rights and privileges as shall be determined from time to time by the Harbour District commissioners and the platting of the before mentioned Lots is subject these rights as to all areas exclusive of the building areas within the building set back lines of each individual lots. Nothing herein shall prevent the District from entering upon property subject to this easement without notice and making such repairs it might, in its sole discretion, deem necessary to protect property in the Plat and for the general use and enjoyment of the property owners within the Harbour District. No trees, incinerators, structures, buildings, or other similar improvements shall be grown, built or maintained within the area of any such easement without prior approval by the District and upon the advice and recommendation of the district engineer. In the event any such tree, incinerator, structure, building, fence, or similar improvements shall be grown, built or maintained within the area of such easement, the Levee District shall not be liable for the destruction of same in the maintenance, repair or operation located within the area of such easement. 8. UTIL.ITIES. 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. All satellite reception devices, shortwave antenna or other radio devices are prohibited except as authorized by Grantor or the Property Owners Control Committee; such authorization shall be subject to cancellation upon ninety (90) days written notice to the owner of the lot upon which the device is located. Overhead wires and cables for utility services and street lighting are prohibited. All dwelling owners shall, at their expense, install and maintain in good working order at the front of each residence, an ornamental electric or gas light at a location, type and make, as specified by Grantor or the Property Owners Control Committee. 9 . NUISANCES.. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot owner shall be responsible to repair all road surfaces and remove all trash or waste materials left within the Addition caused by owner or by any person or contractor engaged by or for the benefit of a lot owner. No trucks and no commercial type vehicles shall be stored or parked upon any lot within the subdivision except while parked in a closed garage. Such covenant shall not apply to commercial vehicles engaged in construction work within the subdivision during working hours. Each lot owner shall complete all exterior construction of his residence within six (6) months after the issuance of a construction permit and comply with all construction guidelines issued by Grantor. All lot owners shall, st their expense, landscape and maintain grass or other approved ground cover over all areas of their lot within twelve (12) months after transfer of title from Grantor to owner. 3 1 0. TEMPORARY STRUCTURU. No trailer, mobile home, motor home, boat, basement, tent, shack, garage, bam or other outbuilding may be erected, stored or used for human habitation, temporarily or permanently, except as expressly authorized in writing by Grantor or the Property Owners Control Committee; such authorization shall be subject to cancellation upon ninety (90) days written notice to the owner of the lot. 11. SIGNS No sign of any kind shall be displayed to the public view on any building site, except one sign of not more than 8 square feet advertising the property for sale or rent, or signs used by a builder or developer to advertise the property during the construction and sales period, provided however, this limitation does not apply to the Grantor's original promotion of the property. 12. OIL AND MINING OPERATIONS. No oil drilling, soil development operations, 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. 13. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised or kept on any building site, except that dogs, cats or other household pets may be kept provided that they are not kept or maintained for any commercial purpose. 14. FENCES. An easement is granted with a width of 3 feet as shown on the plat along portions of the perimeter of this Addition for the purpose of a perimeter fence. Any such fence is referred to in the section of this Bill of Assurance entitled "Common Areas," and such easement is granted in order to effect repairs and necessary maintenance. 15. OBSTRUCTION IN STREET GUTTER. No obstruction shall be placed in the street gutter. Curbs shall be broken at driveway grades lowered to meet the gutter line not more than the gutter grade. 16. PROPERJY L11JUS AND 11QUISDAIllEa. Iron pins will be set on all lot comers and points of curve, and all lot dimensions shown on curves are curve distances, and all curve data as shown on the attached Plat are center line curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached Plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 17. REMEDY FOR VIOLATION_ In the event of any violation or attempt to violate any of the covenants or restrictions herein before the expiration date hereof (whether the original expiration date or the expiration date of any extension thereof) it shall be lawful for any person or persons owning any lots in this Addition to prosecute any proceedings at law or in equity against a person or persons violating or attempting to violate such covenants or restrictions, and either to prevent him or them from so doing and/or to recover damages for such violations. 18. ADDITLdNAL COVENANTS_, The property herein platted and any interest therein shall be held, owned, and conveyed subject to and in conformity with the covenants and restrictions contained in that certain "Declaration of Covenants and Restrictions," filed for record by Pleasant Valley, Inc., on the 16th day of August, 1974, in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, and appearing of record in Book 1306, at Page 389, in said office, as amended by an Amendment to Declaration of Covenants and Restrictions appearing of record in Book 1381, at Page 109, in said office, and as further amended by a Second Amendment to Declaration of Covenants and Restrictions appearing of record a Instrument No. 777-00808 in said office. The foregoing covenants subject the property to a proposed median maintenance assessment in addition to other provisions. 19. ❑MILO N A L A C'rlJ 9F, . The property herein platted is embraced within the Riverdale Harbour Municipal Property Owners Improvement District No. 1 and the Riverdale Levee Improvement District No. 134 of the City of Little Rock, Arkansas, and is subject to assessments and restrictions by these bodies of record or as may be promulgated. 20. A M E N D M R N T S . Except as provided in Paragraph 7, 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 solely by the Grantor provided Grantor shall hold title to at least 25% of the number of lots created by this Plat or by the owners of over 80% of the lots in this addition, and 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. These covenants of this instrument shall be deemed covenants running with the land and shall remain in full force and effect unless and until amended or cancelled as authorized hereinbefore. 21. S 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. 4 2 2 . COMMON AREAS. In the Plat of the Canal Pointe, an Addition to the City of Little Rock, Arkansas, the Grantor has designated common areas and common drives for the use of cite ovihers, their agents, licensees, tenants, family, guests, invitees and by persons approved by the Harbour District. In said common drives there may be a guard house, security fence at the entrance and such other features as determined by the commissioners of the Harbour District. The common areas may include any guard house and security fence which may be placed at the entrance, common drives, perimeter security fences as hereinbefore mentioned, and any other facilities or property which might be so designated on the Plat of this subdivision or constructed by the Grantor or Riverdale Harbour Municipal Property Owners Improvement District. All common recreational areas, common drives, common access, marina harbour lock, basin, and canal improvements, and any other common area shall be operated, and maintained by the Harbour District. 23. SLIP EASEMENTS, Lots 1 through 8 inclusive, River Heights, shall be entitled to berth boats or other water craft by virtue of Slip Easement on to the waters of the Harbour as depicted by the Plat, said area to be a rectangle of canal surface adjacent to each owner's canal property line which is fifteen (15) feet wide; however, this use and uecess of the adjacent canal by owners, with the exception of Lot 9 and 10 of Canal Pointe, does not include any right to construct any improvements over the waterway. All use by the owners shall be subject to all regulations and r"trictions made applicable to use of the marina water by the Harbour District or the party responsible for the operations of the marina. 24. TITLE TO THE COMMON AREA. The Grantor hereby covenants that title to the Common Area now owned by it shall be conveyed to the Harbour District or its assigns on or before the date when title to one half of the lots in this Addition have been transferred from Grantor. IN WITNESS WHEREOF, the Grantor has hereunto caused these presents to be executed on this _, day _of December, 1993. GRANTOR: &A4B y v V V J ACKNOWLEDGMENT STATE OF ARKANSAS) w ti COUNTY OFnPULASKI) /� On YBGeNf � .V %rI 1993. before me, a notary public, personally appeared the persons known to me to be the persons whose names are subscribed to the foregoing Bill of Assurance and acknowledged that they had executed the same in the capacity with proper authority and for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. /*Notar—yP4ublic/65 My Commission Expires: Jrriy Commission Expires May 27,