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HomeMy WebLinkAboutS-0932-A Application96 61396 Lots 10 through 13 CAMBRIDGE PLACE ADDITION) To: The Public ) nnEU PM �b u C- ���i 'Y �'Lt-R�K BILL OF ASSURANCE WHEREAS, Parham Properties, Inc. is the sole owner of the following described property: Part of Lot 1 D, Condominium Developers Addition to the city of Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Northwest corner of said Lot 1 D; run thence South 03 degrees, 16 minutes, 43 seconds West along the West line of said Lot 1 D for 129.70 feet; thence South 12 degrees, 53 minutes, 36 seconds East along said West line of Lot 1 D for 105.00 feet; thence South 12 degrees, 50 minutes, 16 seconds East for 110.00 feet to the point of beginning; thence South 59 degrees 28 minutes, 31 seconds East for 179.71 feet; thence South 30 degrees, 47 minutes, 51 seconds East for 396.11 feet to a point on the Northerly right-of-way line of Pleasant Valley Drive; thence along said right-of-way on a 1,516.55 foot radius curve to the right for 264.76 feet to the point of intersection with the East right-of-way line of Interstate Highway No. 430 (curve chord bearing South 50 degrees 19 minutes 05 seconds West for 264.42 feet); thence along the said East right-of-way for the following calls: North 13 degrees 45 minutes 19 seconds West for 31.66 feet; thence North 23 degrees 51 minutes 49 seconds West for 98.32 feet; thence North 12 degrees 23 minutes 58 seconds West for 320.03 feet; thence North 12 degrees 50 minutes 16 seconds West for 171.42 feet to the point of beginning containing 96,882 square feet or 2.225 acres, more or less. k*%talI"I1i,,++! d NOW, THEREFORE, WITNESSETH: That we, the said Parham Properties, Inc. hereinafter termed grantor(s), have caused said tract of land to be surveyed by Marlar Engineering Company, Inc., Registered Professional Engineer, and a plat thereof made which is identified by the title Lots 10 through 13, Cambridge Place Addition, to the city of Little Rock, Pulaski County, Arkansas, the date of 8 - 30 - 96, (revised), and by the signature of the said engineer and the said grantor(s), and bears a Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, in Plat Book Page _ ?�.S and the grantor(s) do hereby make this Bill of Assurance. The grantor(s) do hereby certify that they have replatted said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as designated on said plat; and every deed of conveyance for said property shall use this designation. The filing of this Bill of Assurance and plat for record in the Office of the Circuit Clerk and ex-officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements shown on the said plat. All buildings constructed on said lots shall be constructed no nearer to the street than the building line shown on the plat, except as noted on the official plat, and all buildings shall be constructed in conformance with the Building Code and Zoning Ordinance of the city of Little Rock, Arkansas. I. There is hereby established an Architectural Review Committee ("ARC") which shall have the authority and responsibility for assuring the architectural and aesthetic compatibility of the proposed development with the balance of the Cambridge Place Development and with the individual elements of the Cambridge Place Addition itself. 2 A. ARC SHALL BE MADE UP OF THE FOLLOWING INDIVIDUALS: 1. One representative of the owner -developer 2. One representative of either the project architect or the project engineer as determined by the owner/developer 3. One representative of each owner of Lots 10 through 13 The ARC must use the following guidelines for accomplishing the objective of assuring compatibility of the proposed development, but may adopt more stringent and detailed guidelines within this framework once formally established and operational. The Committee shall also adopt rules for their own operation. This Bill of Assurance shall require a majority approval of the owners of Lots 10 through 13 in order to be amended. After the project is fully completed and a certificate of occupancy has been issued for a building on each lot, the ARC will then be comprised of the owners of Lots 10 through 13 only. B. GENERAL DESIGN AND DEVELOPMENT GUIDELINES: 1. All streets and parking areas to have concrete curb and gutter; 2. All grassy areas to be solid sod bermuda grass; 3. All mature existing trees to remain outside each building area when practical and the remainder of each lot shall be landscaped with appropriate sprinkler and drainage systems by each individual lot owner at the time of building construction according to the city of Little Rock landscaping requirements and per ARC approval; 3 4. The construction of any detached buildings will require the submission of building and landscape plans to the ARC for written approval prior to construction; 5. All units to have similar construction materials as follows: Roof - either a black or gray 25 year architectural style roof, Brick - must be Cambridge Place blend manufactured by Eureka Brick Company or an acceptable variation thereof, Colonial style windows, low maintenance outside trim materials (i.e. aluminum and/or vinyl) and landscaping compatible with the existing Cambridge Place development; 6. At the time of construction, each lot owner will be responsible for providing site improvements per plans approved by the city of Little Rock and by the ARC, including an underground drainage system for surface and downspout water across each lot which can be connected with each adjoining lot's drainage system and a retaining wall, if necessary, along any buffer strips required by the city of Little Rock; 7. Minimum square footage required of 4,000 square feet per building, heated and cooled; 8. The entire parking area and entrance driveway is hereby designated as a common drive, parking and utility easement, as designated and shown on the final plat, for the common use and benefit of all of the owners of Lots 10 through 13. All parking areas, driveways, sidewalks, brick fences, entrance gates, trash dumpsters, and common landscaped areas will be maintained by a Property Owner's Association (POA) comprised of the owners of each lot with the total expense of the operation 4 and maintenance of the POA shared by the owners of each individual lot on an equal, pro-rata basis (i.e.: 25% per lot for Lots 10 through 13); 9. If deemed necessary by the POA, at any time in the future, a controlled access entrance gate may be installed and operated by the POA according to Rules of Operation established and approved by the POA prior to installation. II. SIGNS. Billboards, posters and other off -premise advertising signs are prohibited within the addition except for subdivision and management signs as shown on the approved PCD plat. Also prohibited are roof signs and flashing or motion signs. Individual buildings may have either a flush -mounted wall sign or a free standing low brick wall sign no more than 4 feet tall and 10 feet long built especially for an individual sign on each lot either of which must conform to the city of Little Rock Sign Ordinance and which must be approved in writing by the ARC prior to installation. The developer/owner has the exclusive control of all signage placed on perimeter brick walls around the subdivision and of all subdivision and management signs placed on these walls. III. NUISANCES - POLLUTION. No noxious or offensive activity shall be carried on upon any tract nor shall anything be done thereon which may become an annoyance or nuisance to the addition. All property shall be used in strict compliance with all laws of the State of Arkansas and of the United States and with all ordinances and regulations of the city of Little Rock. IV. STORAGE. No goods, equipment, supplies, or other materials shall be stored in the open. 5 V. QUTSlDE LIGHTING. All outside lighting, including lighting for individual signs and parking areas for each landowner's building, must be approved in writing by the ARC. A minimum of 1 street light per lot will be provided by each lot owner at the time of building construction. VI. TEMPORARY STRUCTURES. No structures of a temporary nature or character, such as a trailer, tent, shack, garage, or barn shall be used on any of Lots 10 through 13 at any time, either temporarily or permanently without the written permission of the Owner/Developer until a building has been completed on each of the four (4) lots. After all four (4) buildings are complete, written permission for any temporary structure must be obtained from the ARC. VII. ANIMALS. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot. VIII. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other materials, and waste shall only be kept in common containers provided. Space is provided as shown on the approved PCD plat for 2 trash dumpster locations which are to be shared as common areas by all 4 lot owners on an equal, pro-rata expense basis. XI. LANDSCAPING -AND PROPERTY MAINTENANCE. Owners shall adequately landscape and maintain their individual property. No debris, trash, undergrowth, or other unsightly material shall be allowed to accumulate on any of the property and all buildings and improvements shall be maintained in a safe, clean, healthful presentable condition at all times, and shall comply in all respects with all governmental health requirements. M As per Section I.B.8, all property owners shall be jointly responsible for maintaining the common areas, the driveways, sidewalks and parking areas, the entrance gate and signs, the common area lighting, and the common landscaping, sprinkler and drainage systems. All property owners shall belong to a Property Owners Association and shall pay annual dues assessed by the Association in an amount sufficient to maintain the common areas described above in a manner acceptable to the ARC. Failure of any property owner to maintain their property in accordance with the requirements set out herein shall result in a penalty to be assessed by said Property Owners Association which may be secured by a lien on the defaulting property owners property for failure to pay. X. AMENDMENTS. Any and all 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 by the owner or owners of a majority of Lots 10 through 13 contained herein. Said instrument shall be in compliance with the regulations of the city of Little Rock and the provisions of such instrument so executed shall be binding from and after the date on which it is duly filed for record in Pulaski County, Arkansas. The covenants, restrictions and provisions 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. Provided, however, no amendment to this Bill of Assurance which closes, alters, relocates or in any manner affects any easement shall be effective unless such amendment has been executed by each property owner and by each utility having facilities situated in such easement. XI. SEVERABILITY. Invalidation of any restriction set forth herein, or any part thereof, by an order, judgment or decree of any court, or otherwise, 7 shall not invalidate or affect any of the other restrictions, or parts thereof as set forth herein, but they shall remain in full force and effect. IN WITNESS THEREOF, the said owner has hereunto affixed his signature and caused these presents to be executed and the owner has executed this instrument on this SO day of14'k6l, 19j. LITTLE ROCK PLANNING COMMISSION APPROVED PARHAM PROPERTIES, INC. 1. - E Or QT' ...E Presidentit ` F3Eviawad ^n;;r for incl. siCn Qi m -unurn sUrdzrds required (he Ci` Lj;;p; nxk c C`ave!Ccrr - _ _, -.:, r E� f ii :3 i i;a°� T. Ci:y ... -� �F '._, ;,�iJ �:iC^.: Cf I,iQ .':... L2r:ill0 cr4 f.•I^..^J. n_ Co„ "mission 0 CORPO RATE ACKNOWLEDGEMENT STATE OF ARKANSAS ) ) s.s. COUNTY OF PULASKI ) On this 30th day of August, 1996, before me, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named John P. McKay, Jr. and Rosemary L. McKay to me personally well known, (or satisfactory proven) to be the persons whose names are subscribed to the within instrument, and stated that they are the President and Secretary of Parham Properties, Inc., an Arkansas corporation, and were duly authorized in their respective capacities to execute the foregoing Bill of Assurance for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said aforegoing Bill of Assurance. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 30th day of August, 1996. P U8Z DARLENE SERFATY P¢ Darlene Serfaty a Notary Public in an ❑r said County and State �q K, C . My Commission Expires: December 1, 2000 City of Little Rock Decar,-enl ct Pu5!1c \%c:ks c t Wes:•.-.a— Linle ter_•. •:.arsas :i1--E'1 --Ax CIVIL ENGINEERING FR SPONSE Encineerina Division 14xW,4`` The Civil Engineering Requirements for Filing c- Final Plats have been satisfied. Approval - cr -filing of th.is plat can be issued M GF P/Ae., Signed 3y _ lnJ X - �..v n�' D 77 /IG DXF 02 DWF D�ske�'f'e Do NorEl 14A ver o NJ CLR PU=T.•IC WO—RKS DEPT. DATE TO AGENCY FAg X FROM AGENCY FAX r P-HONE TOTA,I+ PAGES