HomeMy WebLinkAboutS-0919 ApplicationBILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS RAY MORRISON AND EARLENE MORRISON his wife,
are the sole owners of the following described lands lying in the
County of Pulaski, State of Arkansas, to wit:
South 111' of the West Half, West Half of the Northwest,Southeast
of Section 10, Township 1 South, Range 13 West, containing 0.8
acres more or less.
AND, WHEREAS, it is desirable that all of the above
described property be subdivided into lots, blocks, tracts, and
streets;
NOW THEREFORE WITNESSETH:
THAT WE, the said Ray Morrison and Earlene Morrison his
wife, hereinafter termed grantors, have caused said tract
of land to be surveyed by Robert J. Richardson Consulting Eng.
Inc., a Registered Professional Engineer, and Registered Land
Surveyor, and a plat thereof made which is identified by the
title Ray Morrison Addition to the City of Little Rock,
Pulaski County, Arkansas and the date _March 17 ,
1986 , and the signature of the Circuit Clerk and ex-officia
Recorder of Pulaski County, Arkansas, in Plat Book
page
Assurance.
and the grantors do hereby make this Bill of
AND, the grantors hereby certify that they have laid off,
platted and subdivided, and do hereby lay off, plat and subdivide
said real estate in accordance with said plat. The lands embraced
in said plat shall be forever know as Ray Morrison Addition.
The grantors hereby dedicate to the public forever an
easement of way on and over the streets as shown by said plat, to
be used as public streets.
There are strips of ground shown and dimensioned on said
plat marked "Utility Easement" and "Drainage Easement" reserved
for the use of public utilities, and for drainage purposes
respectively, subject at all times to the proper authorities and
to delivery and dedication of the streets and easements shown on
the said plat.
Hereafter, convayance and description of any of said lands
by lot number as shown on said plat, shall be a proper and
sufficient description there of.
The lots in said subdivision shall be sold by the grantors
and shall be purchased by the buyers thereof, subject to the
following covenants, to wit:
1. Ground Frontauee. No lot shall be re -subdivided without
the written consent of the architectural committee and the Little
Rock Planning Commission or its designate first had and obtained,
and in any event no dwelling shall be erected or placed on any
building site having a width of less than 60 feet at the minimum
building setback line, nor shall any dwelling be erected or
placed an any lot having an area of less than 7,000 square feet,
provided that if such area requirement is met the prohibition
against subdivision of a lot shall not be applicable to the sale
of a fractional lot.
Z. Set -Back Requirements. No building or fence is to be
constructed on any lot nearer than the building line noted on
said plat. The front yard setback shall be 25 feet, the rear yard
shall be 25 feet the side yard setback shall be, for main
structure, 10 per cent of the average width of the lot provided
such side yard need not exceed 8 feet in width, and accessory
structures related to residential use shall be located at least
50 feet from the front property line, and may be placed no less
than 5 Feet from the side lot line. For the purpose of this
covenant, eaves, steps and porches not under roof shall not be
considered as a part of the building.
3. Easements for Public Utilities. No buildings, fences,
incinerators, paved driveways, or any other permanent structure
or improvement of any kind, whether herein specifically
enumerated or not, shall be built or maintained within the area
of any of the easements shown on the plat, and in the event any
such obstruction is placed thereon in violation of this
restriction and reservation; no utility and/or public agent will
be liable for destruction of same in constructing and maintaining
its facilities located within the area of said easement.
4. Si ht Line restriction. No fence, wall, hedge, or shrub
planting or other obstacle which obstructs sight lines at
elevations of more than 30 inches above the roadways shall be
placed or permitted to remain on any corner lot within the
triangular area formed by the street lines and a line connecting
them at points 50 feet from the intersection of the street lines;
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 50 feet from their intersection.
No tree shall be permitted to remain within such distances of
such intersections unless the foliage line is maintained at a
height of 8 feet to prevent obstruction of such sight lines.
5. Driveway Obstructions. No obstruction shall be placed in
the street or gutter. Curbs shall be broken at driveways, and
driveway aprons shall not extend past the face of the curb.
6. Use of Land. No lot shall be used except for
residential purposes. No building shall be erected, altered,
placed, or permitted to remain on any lot other than one single-
family dwelling not to exceed two and one-half stories in height
and a private garage for not less than two cars.
7. Architectural Committee. No building shall be erected,
placed or altered on any lot 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 composed of
Ray Morrison, and Earlene Morrison 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 of 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, and said
remaining member or members shall have full authority to fill any
vacancy or vacancies created by the dedth or resignation of any
of the aforesaid members and said newly appointed member or
members, 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 therof, 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 be 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 January
1, 1995. 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.
8.' Area. Na 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 1,000 square feet.
a. Commercial Structures__, No building or structure of any
sort may ever be placed, erected or used solely 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 Nob Hill
Heights, an Addition to the City of Little Rock, Pulaski County,
Arkansas.
10. 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 short 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.
11. Right to enforce In the event of any attempt to
violate any of the covenants or restrictions herein, before the
expiration date thereof, it shall be lawful for any person or
persons owning a lot or lots in said addition to prosecute any
preceedings at law or in equity against the person or persons
violating or attempting to violate any such covenant or
restrictions and either to prevent him or them from so doing or
to recover damages or other dues for such violation.
12. 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.
13.-Modification or _restriction. These covenants and
restrictions are to run with the land and shall be binding on all
parties and all persons claiming under them for a period of 30
days from the date these covenants and restrictions are recorded,
after which time said covenants and restrictions shall be
automatically extended for successive periods of 10 years, unless
an instrument signed by a majority of the then owners of the lots
has been recorded, agreeing to change said covenants and
restrictions in whole or in part. These covenants and
restrictions shall not be amended, canceled or suplemented unless
an instrument signed by at least eighty (80) percent of the
owners of the aforesaid lots is placed on record agreeing to
change tht-,=covenants and restrictions in whole or in part, and
any change to covenant items 1,2,3,4,5,11,12 or 13 must be
approved by fhe Little Rock Planning Commission.
The considerations set forth in items 1,2,3,4,5,11,12 and 13
are hereby approved by the City of Little Rock Planning
Commission. Any additional requirements, restrictions or
statements are entered without review or action by the Planning
Commission, and shall not be considered part of the Little Rock
Planning Commission's requirements for plat approval.
WITNESS our hands and seals this day of ,
APPROVED ON
Ray Morrison
LITTLE ROCK, PLANING COMMISSION
Earlene Morrison
BY
ACKNOWLEDGEMENT
STATE OF }
)SS
}
COUNTY OF }
BE IT REMEMBERED, that on this day came before the
undersigned, a Notary Public, within and for the County and State
aforesaid, duly commissioned and acting,
to me well known as the Grantor in the foregoing instrument, and
stated that
had executed the same for the
consideration and purposes therein mentioned ans set forth.
WITNESS my hand and seal as such Notary Public on this day
of
MY COMMISSION EXPIRES:
19
NOTARY PUBLIC