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HomeMy WebLinkAboutS-0813-F ApplicationCity of Little Rock Planning and Development Filing Fees --)—. i , Date: i , 2 Annexation Board of Adjustment Cord. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number: at ��� ea. Public Hearing Signs Number at ea. Total File No. Appl. t By. x EI t MARS �Dt WYOFVULE OUIUJI G C. $Z: $ BILL OF ASSURANCE SPRINGTR F E VILLAGE SiTBDIVISION, PHASE 2 LITTLE ROCK, ARKANSAS KNOW ALL MEN BY THESE PRESENTS: 831016/M7263:27 45 PH Filed $ Recorded in official Records of PAT DIERIEN CIRRCU 1iIiI 7 per( Fees $47.so WHEREAS, Michael R. Smith & Associates, Inc, hereinafter called "Allotter", is the owner of lands lying in Little Rock, Pulaski County, State of Arkansas, described as follows: PART OF THE SE'/4, SW'/4 SECTION 12, T-1-S, R 13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF LOT 15 SPRINGTREE VILLAGE; THENCE N 89'25'20" W 106.31'; THENCE N 89036'25" W 50.0% THENCE N 89'44'20" W 127.29'; THENCE N 77012'21" W 70.74'; THENCE N 66018'37" W 130.651; THENCE N 66016'36" W 50.0% THENCE N 23043' 19" E 16.50'; T ENCE N 66016' 3 8" W 110.23'; THENCE S 23 °43' 23" W 296.59'; THENCE S 66018'37" E 384.23'; THENCE S 89025'21" E 374.90'; THE-TvGE N 00059'39" E 280.0'; TO THE POINT OF BEGINNING CONTAINING 4.56 ACRES MORE OR LESS. 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 Michael R. Smith & Associates, Inc., 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 February 1, 2007, executed by Michael R. Smith 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 Clerk and Ex -Official Recorder 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: Springtree Village Subdivision, Phase 2, Little Rock, 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 February 1, 2027, 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, but excluding the tracts designated as Reserved. 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. The tract of land designated on the plat of Springtree Village Subdivision, Phase 2, shall be used in accordance with regulations of the City of Little Rock, Arkansas. 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 Michael R. Smith & Associates, Inc., 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 i 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. Heizht_and Typeof Residence. No residence shall be erected, altered, placed or permitted to remain on any lot numbered in Springtree Village Subdivision, Phase 2, 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. 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. Side setbacks shall 10% of lot width, but no more than 8 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, eaves, steps, and porches not under roof will 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 1,200 square feet, except as provided hereinafter: (a) Two Levels . 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 1,000 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 1,600 square feet of finished heated living area. 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 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 Springtree Village Subdivision, Phase 2, Little Rock, Arkansas. 8. 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. 9. Livestock gn,g...Poultiff Y 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. 10. Noxious Activi . 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 Prollibi#ed. 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. 12. Oil and 14[ineral 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. 13. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 14. Exisiin Structure. No existing erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 15. Tem Dora y 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 Utili#ies. 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. 17. 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. 18. Si ht 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 remainon 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 comer, within the triangle formed by tangents to the curve at its beginning and end, and a line connectin them at points fi g fly (50) feet from their intersection. The foliage line of any tree located _ LU 0,0 ` BILL OF ASSURANCE SPRINGTREE VILLAGE SUBDIVISION, PHASE 2 LITTLE ROCK, ARKANSAS KNOW ALL MEN BY THESE PRESENTS: /1$M 7203 27: 5 PH Filed & Rewrded is Official Records of PAT U'BRIEN CIRCUIT/WW" a_M Fees $47.88 WHEREAS, Michael R. Smith & Associates, Inc, hereinafter called "Allotter", is the owner of lands lying in Little Rock, Pulaski County, State of Arkansas, described as follows: PART OF THE SE V4, SW IA SECTION 12, T-1-S, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF LOT 15 SPRINGTREE VILLAGE; THENCE N 89'25'20" W 106.31'; THENCE N 89036'25" W 50.0'; THENCE N 89°44'20" W 127.29'; THENCE N 77012'21" W 70.74'; THENCE N 66°18'37" W 130.651; THENCE N 66016'36" W 50.0'; THENCE N 23043' 19" E 16.50'; THENCE N 66016'38" W 110.23'; THENCE S 23'43'23" W 296.59'; THENCE S 66018'37" E 384.23'; THENCE S 89°25'21" E 374.90'; THENCE N 00059'39" E 280.0'; TO THE POINT OF BEGINNING CONTAINING 4.56 ACRES MORE OR LESS. 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 Michael R. Smith & Associates, Inc., 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 February 1, 2007, executed by Michael R. Smith 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 Clerk and Ex -Official Recorder 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: Springtree Village Subdivision, Phase 2, Little Rock, 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 February 1, 2027, 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, but excluding the tracts designated as Reserved. 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. The tract of land designated on the plat of Springtree Village Subdivision, Phase 2, shall be used in accordance with regulations of the City of Little Rock, Arkansas. 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 Michael R. Smith & Associates, Inc., 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 Springtree Village Subdivision, Phase 2, 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. 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. Side setbacks shall 10% of lot width, but no more than 8 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, eaves, steps, and porches not under roof will 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 1,200 square feet, except as provided hereinafter: (a) Two Levels . 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 1,000 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 1,600 square feet of finished heated living area. 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 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 Springtree Village Subdivision, Phase 2, Little Rock, Arkansas. 8. 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. 9. Livestock and Poulta 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. 10. Noxious AgglitE. 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. BiRboards Probibited. 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. 12. Oil and Mineral U .rations. 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. 13. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 14. Existin Structure, No existing erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 15. Teinnorary 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, 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. 17. Fences and Ma) Bases. 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. 18. Si dt Linc Restriction. obstructs sight lines at elevations No fence, wall, hedge or shrub planting which of more than thirty (30) inches above roadways shall be placed or permitted to remain on any comer 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 comer, within the triangle formed by tangents to the curve at its beginning and end, and a line connectin them at oints fi g P fly (50) feet from their intersection. The foliage line of any tree located CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME _SPRINGTREE VILLAGE ADDITION PHASE 2 INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. aEngineering Specialist Date: 3 / t, / 7 ADDRESSING SPECIALIST'S REPORT I have review the plat and find that the street names and street configuration are acceptable. Q Addressing Specialist Date: 3--16 -Q7 TRAFFIC ENGINEER RECRT /d Z'7'"8 EEM. be el"w�rged f0 A1 ee 1-,714e I have reviewed the plat and find that: v f All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: Certain improvements remain uncompleted and a punch list has been prepared and sent. Traffic Engineer Date: f CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied. ) Civil Engineer I/II Date: 3h (P J SURVEYOR'S REPORT I have reviewed the plat and find that: oK All requirements for final plat approval have been satisfied. �{J}��n•tJ Surveyor Date: 7,Z 3 O MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. l Date: Design Review Engineer/Civil Engineering Manager STn,E�`T /t)AmE C RA I cc July 2005