HomeMy WebLinkAboutS-0054-B ApplicationFORREST C. MARLAR
Consulting Civil L'ngirecrs & Lana Surveyors
5318 JOHN F. KENNEDY BLVD.
PIIONI- /G3-1987
NORTH LITTLE ROCK, ARK. 72.116
September 9, 1981
Mr. Richard Wood
Office of Comprehensive Planning
City Hall
Little, Rock, Arkuiuu$ 72201
Subject: Final Plat Lots 1 thru 22, Lots 50 thru 88, Lots 112 thru
125, Lots 125A, 125B, 125C, 125D, 125E, 125F and 125G, Rain
Forrest Addition to the City of Little Rock, Pulaski County,
Arkansas.
Dear Mr. Wood:
Subndtted leer.ew-ii:1) are ten (10) copies of the .final plat and one
copy of the Lill of Assurance of jcct project. A check for
the review fee in the amount o $ 64.00 •i.11 be mailed to you by
Rainey Development Company.
Your approval is hereby requested. If there are any questions,
please contact us.
Sincerely yours,
Forrest C. Marlar, P. E.
President
FCM:ojm
:Rainey Development Company
Enclosures
L
CITY OF LITTLE ROCK
N0. 104 OFFICE OF COMPREHENSIVE �LJJNING
FILIN �t��'t�
Li ttJ.,e 40 54 ►rk . 19
Rezoning Application . . . . . .��`.G
Board of Adjustment Application. . . . . . . . . $
Preliminary Plat . . . . . . . . . . . . . . . . $
Final Plat . . . . . . . . . . . . . . . . $
Street Name Signs: No. Signs At Ea. $
TOTAL $
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File No.* ' Address:
I Applicant; � c %n /�1te. 1
CITY OF LITTLE ROCK N! N 22404
$ -4 -Lll - -() 0
Explanation
DICK JONES UAY u0neQvor
CHECK NUMBER
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RAIN FOREST
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, Roy D. Rainey and Sall iejane D. Rainey and Rainey
Development Co., a general partnership, organized and existing under and
by virture of the laws of the S-tate of Arkansas, are the sole owners of the
following described lands lying in the County of Pulaski, State of Arkansas,
to wit:
LEGAL DESCRIPTION
Part of the SE4, SE4, Section 5, T-1-N, R-13-W, in Little Rock, Pulaski
County, Arkansas, more particularly described as follows: Begin at the North-
west corner of said SE4, SE4, Section 5; thence S88048'09"E along the North line
thereof a distance of 287.4 feet; thence S1°11'51"W a distance of 120 feet; thence
S88048'09"E a distance of 53.72 feet; thence S1°11'51"W a distance of 170 feet;
thence N88°48'09"W a distance of 10.1 feet; thence SO°00'42"W a distance of 274.13
feet; thence N88°55'45"E a distance of 169.76 feet; thence S84°47'54"E a distance
of 58.03 feet; thence S89°28'26"E a distance of 416 feet; thence S76028'45"E a
distance of 66.71 feet; thence SO°31'34"W a distance of 20.2 feet; thence S89°
28'26"E a distance of 104.39 feet; thence S89°53'21"E a distance of 50 feet;
thence SO°06'39"W a distance of 87.52 feet; thence S89°53'21"E a distance of
120 feet to a point on the East line of said SE4, SE4, Section 5; run thence
SO°06'39"W along the East line thereof a distance of 458.54 feet; thence N89°28'26"W
a distance of 703.55 feet; thence S10°47'02"E a distance of 76.49 feet; thence
SO°31'34"W a distance of 53.5 feet to the Point of Curvature of a 31.5 foot radius
curve to the left; thence along the arc of said curve a distance of 49:'�•feet
(chord bearing S44°28'29"E; chord distance = 44.55 feet); thence SO°31'34"W a
distance of 40 feet; thence N89°28'26"W a distance of 143 feet; thence NO°31'34"E
a dostamce pf 40 feet to the Point of Curvature of a 31.5 foot radius curve to
the left; thence along the arc of said curve a distance of 49.5 feet (chord bear-
ing N45°31'31"E; chord distance - 44.55 feet); thence NO°31'34"E a distance of
53.5 feet; thence N11°50'10"E a distance of 76.49 feet; thence N89°28'26"W a
distance of 553.11 feet to a point on the West line of said SE4, SE4, Section 5;
thence NO°00'42"E a distance of 1148.05 feet to the Point of Beginning and con-
taining 21.53 acres, more or less.
AND, WHEREAS, it is desirable that all of the above described
property be subdivided into lots, blocks, tracts, and streets 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 WITNESSETH:
THAT, WE, the said Roy D. Rainey and Salliejane D. Rainey and:Rainey
Development Co., hereinafter termed grantors, have cuased said tract of land
to be surveyed by Marlar Engineering Company, Inc., Registered Professional
Engineers and Registered Land Surveyors, and a plat thereof made which is identi-
fied by the title Lots 1 thru 22, Lots 50.-thru 88, Lots 112 thru 125, Lots 125A,
125B, 125C, 125D, 125E, 125F and 125G, Rain Forest Addition to the City of Little
Rock, Pulaski County, Arkansas, and the date September 3, 1981, and by the
signature of the Circuit Clerk and ex-Officio Recorder of Pulaski County, Arkansas,
in Plat Book , Page and the grantors do hereby make this Bill
of Assurance.
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 ac-
cordance with said plat. The lands embraced in said plat shall be forever known
as Lots 1 thru 22, Lots 50 thru 88, Lots 112 thru 125, Lots 125A, 125B, 125C,
125D, 125E, 125F and 125G, Rain Forrest Addition to the City of Little Rock,
Pulaski County, Arkansas.
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 the easement herein reserved. Owners of lots in this sub-
division shall take their titiles subject to the rights of public utilities and
the public.
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.
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Hereafter, conveyance and description of any of said lands by
lot number as shown on said plat,'shall be a proper and sufficient description
thereof.
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. Lot Area and Width. No lot shall be re -subdivided into nor
shall any dwelling be erected or placed on any lot or building site having
a width of less than 60 feet at the building line or an area of less than
6,000 square feet.
2. Set -Back Requirements. No building or fence is to be Con -
strutted on any lot nearer than the building line noted on said plat.
a. Residential Use. The front yard setback shall be 25 feet, or
as shown on plat. The rear yard shall be 25 feet and the side yard setback
shall be, for the main structure, 10 percent 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 60 feet from
the front property line, and may be placed no less than 5 feet from the side
lot line. No metal outbuildings will be allowed. Any outbuildings must be in
keeping with the principal dwelling and be approved by the architectural
committee.
b. Commercial and Industrial Use. Set -back requirements shall be
as indicated on plat and as required by city building codes.
3. Easements. No buildings, fences, incinerators, paved driveway,
or any other permanent structure a.-r improvement of any kind, whether herein
specifically enumerated or not, shall be built or maintained within the area
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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. Sight Line Restrictions. 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 triangle 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• Curbs and Gutters. 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 and shall be not more than 2 inches above the
gutter grade.
6. Land Use and Building Type: Said land herein platted as lots
shall be held, owned and used only for residential building sites. No struc-
ture shall be erected, altered, placed, or permitted to remain on such resi-
dential building sites other than a detached single family dwelling, a private
garage for storage of passenger cars owned or used by residents. No such
residential building site shall be used for commercial purposes. Such
restrictions shall not prohibit the temporary maintenance of model homes for
promotional purposes and sales office by Grantor or other professional
builders, and with permission of the architectural control committee.
7. Architectural Control. No building shall be erected, placed
or altered on any lot located in the above described Subdivision until after
the building plans, specifications, and plot plan showing the location of
such building have been approved in writing as to conformity and harmony of
external design with existing structures in said subdivision and as to location
of the building with respect to topography and finished ground elevation, and
with respect to side lot and front building setback lines, by a majority of an
architectural committee composed of Roy D. Rainey, Salliejane D. Rainey, and
David Binz, or their duly authorized representative or representatives or
successors. In the case of the death or resignation of any member or members
of said committee the Owner shall have authority to appoint successor members
to the aboved named committee to fill any vacancy or vacancies created by the
death or resignation of any of the aforesaid members, and said newly appointed
member or members, shall have the same authority hereunder as their predeces-
sors to approve or disapprove such design or location as above set forth. If
the aforesaid committee, their authorized representatives or successors, fails
to approve or disapprove such design and location within thirty (30) days after
building plans, building specifications, and plot plan have been submitted to
them, or in any event if no suit to enjoin the erection of such building, or
the making of such alterations has been commenced prior to the completion
thereof, such approval shall not be required and this convenant shall be
deemed to have been fully complied with. Said Committee, their authorized
representatives or successors, shall act and serve until December 31, 2009,
at which time the record owners of two-thirds of the lots in Rain Forest
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may designate in writing, duly recorded among the land records, their
authorized representatives who thereafter shall have all of the powers,
subject to the same limitations, as were previously delegated.herein to the
above named committee.
8. Minimum Principal Dwelling Size_ No single-family one-story
residential building shall be constructed or erected on any lot, lots, or
building site in Rain Forest unless the ground floor area of said single
family residence, excluding one-story open porches, breezeways, overhangs,
and attached garages is not less than 1,100 square feet, provided that any
principal residential building must also contain at least 1,600 square feet
of total floor space area. In the case of a split level residence the total
floor area of all levels of the main residential building shall be included
in determining that said ground floor area is not less than 1,200 square feet
as herein provided, with a total of 1,700 square feet of total floor area.
9. Frontage of Residence on Streets. Any residence erected on
any of the lots herein shall Front or present a good frontage on the streets
designated in the plat, and for this purpose as applied to all inside lots,
it shall mean that the residence shall front on the street designated, and on
any corner lot it shall mean that the residence shall front or present a good
frontage on both of the streets designated in the plat.
10. Noxious Activity. 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.
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11. 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.
12. Temporary Structures. No trailer, basement, tent, shack,
garage, servants' quarters or other outbuildings, located on any residential
lot shall be used as a main residence, temporary or permanent, nor shall any
other structure of a temporary character be used as a main residence. The
moving of any existent structure upon and to this property is prohibited.
Mobile homes, trailers, and motorized campers shall only be allowed to be
parked in the rear of any dwelling. 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.
13. Signs_ The construction, erection or maintence of a signor bill-
board on any lot or building site is specifically prohibited; except that a sign
advertising the rental or sale of such property is permitted; provided it does
not exceed 5 square feet in size, unless specific written consent is obtained in
advance from Owner, above designated, for the temporary installation of a larger
size. For ecological reasons, it is suggested that, whenever possible, signs or
any other items not be attached to any tree. All signs must comply with the
City of Little Rock sign ordinance.
14. 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 buildinq site. No
derrick or other structure designed for use in boring for oil or natural gas
-7-
shall be erected, maintained or permitted upon any building site.
15. Duration. The 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 years from the date these covenants and restrictions are
recorded, after which time said covenants and restrictions shall be automati-
cally 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.
16. Amendments. These covenants and restrictions shall not be
amended, cancelled, or supplemented unless an instrument signed by at least
eighty (80) per cent of the owners of the aforesaid lots is placed on record
agreeing to change the covenants and restrictions in whole or in part, and any
change must be approved by the Little Rock Planning Commission.
17. Violations. In the event of any attempt to violate any of the
covenants or restrictions herein, before the expiration date hereof, it shall be
lawful for any person or persons owning a lot or lots in said addition to prose-
cute any proceedings at law or in equity against the person or persons violating
or attempting to violate any such covenant or restriction, and either to prevent
him or them from so doing or to recover damages or other dues for such violation.
18. Separability. The invalidation of any one of these covenants or
restrictions by judgment or court order shall in no wise affect any of the
other provisions, which shall remain in full force and effect.
19. Property Line and Boundaries. Iron pins have been set on all
lot corners and points of curve and all lot dimensions shown on curves are chord
distances, and all curve data as shown on the attached plat filed herewith is
centerline curve data. In the event 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.
20. Common Use Areas. In the plat of Rain Forest to the City of
Little Rock, Pulaski County, Arkansas. Grantors have designated certain areas
of land and intend that such areas be used by the members of the Rain Forest
Homeowners Association, for recreation and other related activities. Such
areas are not intended for public use nor are they dedicated for public pur-
poses. They are, however, hereby dedicated to the common use, benefit, and
enjoyment of the members of Rain Forest Homeowners Association. Membership in
this association shall be entirely voluntary. The Association shall be formed
by the grantors who shall construct the initial facilities and maintain them.
At such time as an adequate number of homeowners join the association that it
can become self-sustaining, the grantors shall deed the recreation areas to
the association.
The considerations set forth in items one through twenty are here-
by approved by the City of Little Pock Planning Commission. Any additional
requirements, restrictions or statements are entered without review or action
by the Planning Commissic-,, 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
f 1979•
APPROVED ON I 1 8 1 T )"—
Date
LITTLE ROCK PLANNING COMMISSION
B YLk
��
RAINEY DEVELOPMENT COMPANY, A PARTNERSHIP
Salliejane D. Rainey Roy D. Rainey
Secretary, Roy D. Rainey & Co., Inc. President, Roy D. Rainey & Co., Inc.
President, Rainey Enterprises, Inc. Secretary, Rainey Enterprises, Inc.
ACKNOWLEDGMENT
State of Arkansas
County of Pulaski ss.
On this day of , 1979, before me E. M. Holman,
Jr., a Notary Public, duly commissioned, qualiFied and acting, within and for the
said County and State, appeared in person the within named Roy D. Rainey and
Salliejane D. Rainey to me personally well known, who stated that they were the
President and Secretary of the Roy D. Rainey S Co., Inc. and President and Secretary
of the Rainey Enterprises, Inc. corporations, and were duly authorized in their
respective capacities to execute the foregoing instrument for and in the name and
behalf of said corporations, and further stated and acknowledged that they had so
signed, executed said foregoing instrument for the uses and purposes therein
mentioned and set forth.
IN TESTIMONY WHERE, I have hereunto set my hand and offical seal
this day of , 1979.
My Commission expires
W
Notary Public
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FORREST C. MARLAR
Consulting Civil Engineers & Land Surveyors
5318 JOHN F. KENNEDY BLVD.
PHONE 753-1987
NORTH LITTLE ROCK, ARK. 72116
October 5, 1981
Mr. Van McClendon, Planner I
Office of Comprehensive Planning
City Hall
Little Rock, Arkansas 72201
RE: Rain Forest, Phase I, Final Plat, Little Rock, Pulaski County,
Arkansas.
Dear Van:
Submitted herewith are twelve (12) copies of the plat, revised to
reflect the changes you suggested by telephone. Also included is
one copy of closure computations which show satisfactory closure
for the project. I have discussed the Lot 21 chord distance problem
with Carrol Ball and the conclusion is that the lot is satisfactory
as is. The chord distance is 65 feet. All the requirements have
been done as requested.
If there are any questions, please call. Your approval is hereby
requested.
Sincerely yours,
Forrest C. Marlar, P. E.
President
FCM:ojb
cc:Mr. Roy D. Rainey
Enclosures
FORREST C. MARLAR
Consulting Civil Engineers & Land Surveyors
5318 JOHN F. KENNEDY BLVD.
PHONE 753-1987
NORTH LITTLE ROCK, ARK. 72116
September 9, 1981
Mr. Richard Wood
Office of Comprehensive Planning
City Hall
Little Rock, Arkansas 72201
Subject: Final Plat Lots 1 thru 22, Lots 50 thru 88, Lots 112 thru
125, Lots 125A, 125B, 125C, 125D, 125E, 125F and 125G, Rain
Forrest Addition to the City of Little Rock, Pulaski County,
Arkansas.
Dear Mr. Wood:
Submitted herewith are ten (10) copies of the final plat and one
copy of the Bill of Assurance of the subject project. A check for
the review fee in the amount of '464-r&'J will be mailed to you by
Rainey Development Company. # 4/-4 41'6�O
Your approval is hereby requested. If there are any questions,
please contact us.
Sincerely yours,
Forrest C. Marlar, P. E.
President
FCM:ojm
cc:Rainey Development Company
Enclosures