HomeMy WebLinkAboutS-0992-L ApplicationCity of Little Rock,Ark. 0 13 Q
Filing es
Date: C + 7-,: .20
Annexation $
Bd.of Adjustment $
Cond. Use Permit $
Final plat $
Planned Unit Dev. $
Preliminary Plat $►�`�
Special Use Permit $
Rezoning
Site Plans $
Right of way SF 2 7 IUL,;
abandonment $
Street name cbange/�y UFLITLLROCK
Street name signs
Number at ea. $
Total $ v-D
File no.
Location
Appl�if�ant 2G�
By ,! - �-xL�
2000068556
09/27/2000 12:14:48 PM
Filed d Recorded in
Official Records of
CMMYN STUILEY
--�' PULPRI COUNTY
CIRCUIT/COUNTY CLERK
BILL OF ASSURANCE Fees $38.00
OF
PHASE IV
PINNACLE VALLEY SUBDIVISION
LITTLE ROCK, ARKANSAS
KNOW ALL MEN BY THESE PRESENTS:
THAT WHERAS, Kelton R. Brown, Jr. and Valerie J. Brown, his wife hereinafter called "Grantors", are
the owners of the following described lands, to — wit:
(SEE ATTACHED LEGAL DESCRIPTION)
And, WHEREAS, it is dcorned desirable that all of the above described property be subdivided into
building lots, tracts and Public access and utility easement areas, as shown on the attached plat, and said
property be held, owned and conveyed subject to the protective covenants herein contained.
NOW, THEREFORE, WITNESS: the Grantors do hereby certify that they have caused said tract of land to
by surveyed by McGetrick & McGetrick, Inc., Engineers and Surveyors, and a plat thereof made, which is
identified by the title, "Phase IV, Pinnacle Valley Subdivision, little Rock, Arkansas", and dated the
day of 2000. The plat bears the signature of said land surveyor and registered engineer and the
Grantors, and bears a certificate of approval executed by the Little Bock Planning Commission and is
recorded m the Office of the Ci t County Clerk of Pulaski County, Arkansas. in Plat Hooke and
the Grantors do hereby make and declare this Bill of Assurance to the public.
The Grantors do hereby certify that such land is laid off, platted and subdivided and does hereby
lay off, plat and subdivide said real estate as, "Phase IV, Pinnacle Valley Subdivision, Little Rock,
Arkansas", and each and every deed of conveyance for any lot or tract in said Subdivision descnbing the
same by number or numbers as shown on said plat, shall always by deemed a sufficient description thereof.
The Grantors hereby dedicate to the public forever the utility easements on the outer perimeter as shown
upon the plat, and the Public Service Access and Utility_Easement reflected thereon.
The Grantors hereby donate and dedicate such utility easements to and for the use of the public
utilities, the same bein&, 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 engage
supplying of such utility services to use and occupy such easements and to have free ingre:
therefrom for the -installation, niainicnance, repair and replacement of such utility services.
The filing of this Plat and Bill of Assurance of record in the Office of the Circuit County Clerk of
Pulaski County, Arkansas, shall be a valid and coinplete delivery and dedication of the easements shown on
said plat and the public service easement in said Land herein platted and any interest therein shall be held,
or conveyed, subject to and in conformity with the following covenants which, 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 January 1, 2026.
That the use of the Public Service Access and Utility Easement access shall be for public utility
easements in the area not designated as parking lots and dividers thereof, but in the unmarked area, and the
parking shall be dedicated upon the site plan
l . LAND USE AND BUILDING TYPE: Said lands herein platted as lots shall be held, owned and used
only for residential building sites. No structure shall be erected, altered, or placed or permitted to
remain on said residential building sites other than multi -family residential structures and other out
buildings clearly incidental and related to the residential use of the premises. No such building site
shall be used for commercial purposes. Such restrictions shall not prohibit the temporary maintenance
of a model home for promotional purposes and sales offices by the Grantors or other professional
builder_
2. ARCHITECTURAL CONTROL: No structure shall be erected, placed or altered on any property in
Phase IV, Pinnacle Valley Subdivision until the building plans, specitieations and plot plans showing
the location and facing of such building with respect to existing topography, adjoining streets and
finished ground elevations have been submitted to and approved in writing by the Grantors. In event
the Grantors shall fail to approve, or disapprove, or request additional information regarding the plans,
specifications or plot plans 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 shall in any way be
deemed to prevent any of the owners of property in Phase IV, Pinnacle Valley Subdivision, which
would otherwise be entitled to maintain. There shall be no compensation to Grantors for the services
to be performed pursuant to this provision.
3. LOT AREA AND WEDTH: No multi -family residence shall be erected, altered or permitted to remain
on any lot platted as Phase IV, Pinnacle Valley Subdivision, if the area of the lot is less than 5,500
square feet. No lot shall be subdivided without written consent of the Grantors and of the Little Rock
Planning Commission first being obtained.
4. MIND" PRINCIPAL DWELLING SIZE: No multi -family residence shall be erected, altered or
permitted to remain on any lot platted as Phase IV, Pinnacle Valley Subdivision, unless the lower floor
area thereof, exclusive of porches, patios, carports, garages and breezeways, shall be at least 500
square feet_ The term "lower floor" as used in this paragraph shall include living, dining and sleeping
areas, which areas may also be on different levels. No building ,fence or walls shall be constructed on
lots in Phase IV, Pinnacle Valley Subdivision, nearer to the street that the building line shown on said
plat. Additionally, no building or permanent wall shall be constructed over utility easement shown on
the outer perimeters of all lots, as shown on said plat.
5. TEWORARY STRUCTURES: No trailer, tent, shack, garage, garage apartment, hutment, barn, or
other structure of a temporary character, or out building of any kind on said lands shall at any time be
used or occupied as a residence, temporarily or permanently.
6. SIGNS: Except for the subdivision identification signs, no billboard, poster, or sign shall be placed or
perndued to remain on any part of said property; provided. however, one sign per lot not exceeding
five (5) square feet in area may be displayed advertising the property for We, or rent, and signs used
by the Grantors or a builder may be displayed to advertise the properIN during the construction and
sales.
7. FENCES, WALLS, HEDGES, ETC.: No fence, wall, hedge or mass planting shall be permitted to
extend beyond the minimum front building setback line as shown on the plat. The design, construction
and materials of any fence or wall must be submitted for consideration by the Grantors in the same
manner as provided in paragraph 2 above.
S. EASEMENTS: No Building, trees, fences, incinerators, paved driveways, or any other permanent
stricture of any kind, weather specifically enumerated or not, shall be built or ina i nta ined within the
easements located on the outer perimeter of each lot and not alteration, including grading, filling,
excavation, or other site work may be done within the area of such easements which may damage or
interfere with the installation and maintenance of utilities, or which may change the direction of flow
of drainagc of channels, or which may obstruct or retard the flow of water through drainage channels;
and, in the event of any such obstruction is placed hereon in violation of this restriction or reservati.,on
no public authority will be liable for the destruction of same in niainiauung or repairing its lines
located within the area of said easement.
The easements, with any drainage channels imposed, shall be moved and generally maintained by the
owner of the individual lot over which the easement or drainage channel is platted, except that any
iiinprovements installed in those easements for which a public authority or utility is responsible, shall
not be molested.
Nothing shall be built in the Public Service Access and Utility Easement except landscaping, markings,
and dividers, and a parking area for the owners of the individual units of the mulit-family or other
structure erected on said lots. The specifics of parking are more fully set forth in Panagraph 10.
9. 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 or constitute nuisances.
10. PARKING AREA: Each dwelling in the planned unit development shall have one and one half
parking spaces for each unit and there shall be three additional handicapped parking spaces located
within the project designated and developed ingress and egress ramps to the sidewalk from these
handicapped parking spaces shall not be blocked, modified or otherwise made unusable. The
designated handicapped parking areas shall not be used by any person, owner, guest of owner, or
member of the public except the person authorized and having on their vehicle a designated
handicapped parking permit.
Each individual multi -family unit shall be assigned one space by number shown upon t1w curb line of
the parking area nearest it's unit for the use by said unit owner. The remaining space for use by said
unit owner will be among the unnumbered and undesignamed parking spaces located on any of the lots
in Phase IV, Pinnacle Valley Subdivision. The designated handicapped parking and designated unit
parking space, together with the remaining marked but common usage parking spaces are reflected
,coon the final site plan for said subdivision on file with the Building Permits Section of the City of
.Littie ,�> and is incorporated herein by reference. Any change in the, one pa��g space initially
dcsi#1Mjpd for an individual multi -family unit owner shall not be 9fianged except by the unanimous
cone of all of fe owners of Lots I through 9, or by written approval of the Property Owners.
Association referred to in Paragraph 16,
No gonerete asphalt or other obstruction shall be placed OWZ-Ug4Ug_ any late W, W drainage way or
other drainage channel, in the parking area.
11. PROPERTY LINES AND BOUNDARIES: Iton pins have been of will be set can all lot corners as
shown on the attached Plat. In the event d i hdi discrepancies between the dimensions or distances
�disclose4by the esW1a1ish4pms,the pits as set shy control. I
12. SATELLITE RECEIVER DISH- No satellite receiver dish ("dlsh") shall be erected, placed or
Vnaintained in the parking area, the Public Service Access and Utility Easement area, in the area
designated for the front building setba.4 ok yn any lot.
13. BOATS AND VEHICLES QT"ER THAN "TOMOBILES: No motor boat houseboat, canoe,
sailboat, or other similar watcrborue vch cte, no camper' - or recreation vehicle and no
inoperative or disassenibled vehicles of any kind- sha&be maintained, abandoned, stored_ or permitted
to remain in the Public Service Access and Utility Easement area, which is not marked for parking
spaces and any such apparatus shall be located, if at all, in the space within the marked lines, of the
parking area for use by its -owner,
14. PROPERTY OWNERS ASSOCIATION AND PARKING LOT MAINTENANCE ASSESSMENTS
AND LIEN: A) For the- purpose of inamtaunng_ the whole Public Service Access and Utility
Easement portions of each Lot in -Phase IV, Pinnacle Valley Subdivision Little Rock, Arkansas,
except as Provided in sub-par-agraPh "C, each and -every lot owner,in accepting a conveyance of any
lot in this addition, agrees to and shall become a member of and be subject to the obligations and duly
enacted by-laws, Rules and Regulations of the Phase IV, Pinnacle Valley Subdivision Property
Owners Association.
B) That at the- termination of the- period- of time prescribed in sub -paragraph "C', the
members of Phase IV, Pinnacle Valley Subdivision Property Owners' Association shall,
on the Wffi of the- first full month afte - such termination_ date, hold the -Organizational
Meeting. At such meeting by-laws shall -be enacted, officers shall be elected, and rules
and regulations may be adopte$ and Ehercafter tbe President (or Chairperson)_ and the
Secretary -Treasurer- shall manage- the affairs of the said property _owners association on
an annuat-basis� or until their -successors are elected. Each year on the anniversary date
of the organizational meeting, the annual meeting shall be held, at which the financial
report of the association shall be presented) for membership approval, by the Secretary -
Treasurer, and at such annual meeting_ the By-laws. Rules and Regulations may be
changed, without prior notice, by majority vote of the members.
C) HOWEVER, for so long as either of the herein named Grantors hold title to one or more
lots in this addition, having not theretofore conveyed said lot(s), Grantors shall constitute
the governing body of the Property Owners Association with full powers conferred
herein thereon, except that the Grantors for the first full year after the filing of this
document, shall not have the power to declare an assessment for the purpose of repairing,
changin& or maintaining the Public Service Access and Utility Easement area, the
landscaping herein, the parking lot and spaces thereof, or providing garbage facilities and
service, or providing street lights and energy therefor. Grantors acknowledge that the
improvements, parking areas, curbs and gutters, and nuirkings therefor, shall be
maintained and warranted against negligent installation of materials and labor, for 1 year
after the filing of this instrument.
D) That subsequent to the period prescribed in "C", all owners of property in the Addition
shall pay the required dues to the Phase IV, Pinnacle Valley Subdivision Property
Owners Association, promptly when -the - same shall become due, and in the event of
failure to pay the same promptly when the same became due, such dues shall constitute a
lien upon the property owned by such owner in the Addition, and the same may be
enforced in equity as in the case of any lien foreclosure authorized in the State of
Arkansas.
All delinquem assessments shall bear interest at the rate of 10% per annum from the due
date until paid, and the association shall be entitled to a reasonable fee for its attorneys
when their services become necessary to collect any delinquent assessments, all of which
shall tea a part of the lien for dues.
E) The liens herein retained for membership dues, or special assessments, of the said
association are hereby made expressly inferior and subordinate to valid and bona fide
mortgages and deeds of trust, or retained vendor's liens, securing obligations of the
owners of any of the lots in the addition up to the time of sale at foreclosure of said
instrument for a period of six (6) months thereafter or until the residence upon such lot is
occupied, whichever date shall first occur, after which time monthly membership dues
levied against the property shall thereafter occur as lien upon such lot in the identical
form and manner as prior to the foreclosure sale of the property involved. This
subordination shall be construed to apply not only to the original, but to all successive
mortgages, deeds of trust, and vendors' liens given by property owners to secure
obligations, together with all extensions and renewals thereof. The amount of the lien
will depend upon the period of delinquency, save the exceptions above -mentioned, as
shown upon the books and records of the Secretary -Treasurer of the Association.
17. MAINTENANCE AND REPAIR OF PUBLIC SERVICE ACCESS AREA: After the
expiration of the 1 year warranty period for Grantors' original improvements to the Public
Service Access and Utility Easement area, particularly the parking area and the landscaped
area thereof, it shall be responsibility of the Phase IV, Pinnacle Valley Subdivision Property
Owners' Association, enforceable by any other property owner within the addition, to
maintain and keep in good repair the improvements, parking area, curbs, shrubs, etc.,
contained on the lot owned by such person. Nothing herein shall prohibit the owners of each
and other lots from joining with each and every other owner in the employment of a keeper
for said areas.
18. ENFORCEMENT: In the event of any attempt to violate any of the covenants and
restrictions herein contained before the expirational due date hereof, it shall be lawful for any
person or persons owning a lot or lots in Phase IV, Pinnacle Valley Subdivision to prosecute
any proceedings at law or in equity against the person or persons violating or attempt to
violate such covenant or restriction, and either to prevent him or them from doing so or to
recover damages in any court of law for such violation. The right of enforcement extends
into any additional phase of Phase IV, Pinnacle Valley Subdivision; Which may be Hereafter
platted by said Grantors; and; the rights of owners in such additional phase shall include the
right of enforcement of the covenants and/ or restrictions contained in this Bill of Assurance.
19. ANIENDMENT: These covenants and restrictions may be canceled or amended, except for
the designated parking for handicapped persons and each numbered parking space per
occupant of the planned unit development structure, as set out above. if an instrument signed
by the owners of at least fifty percent (501/o) of said area covered by this plat is placed of
record agreeing to change the covenants and restrictions in whole or in part, and the
provisions of this instrument so executed shall be binding from the date it is duly filed of
record in the Office of Circuit County Clerk of Pulaski County, Arkansas; provided that if the
Grantors own any property within the area covered by this plat, the Grantors' approval to
cancel or amend these covenants and restrictions must be first obta ixied. And, the approval of
the Little Rock Planning Commission must be obtained and so noted prior to the filling of
such amendment. Notwithstanding any other provisions herein, Grantors shall have the
independent right to amend these covenants and restrictions at any time during the
development and construction of improvements on the property covered by this Plat and Bill
of Assurance, while Grantors continue to own any property covered by this Plat and Bill of
Assurance. Grantors shall have the right to amend these covenants and restrictions;
provided, however, that any such amendment by the Grantors shall require the prior approval
of the Little Rock Planning Commission before they become effect ive.. Arry such instrument
shall be effective and binding when it is filed for record in the Office of the Circuit County
Clerk of Pulaski County, Arkansas. The right to so amend, modify, extend, change and/or
cancel as aforesaid shall exist at all times prior to January 1, 2026, and shall also exist at all
times during each and every successive period for which these covenants, restrictions,
requirements and provisions of the Bill of Assurance are extended_ On January 1, 2026, this
Bill of Assurance shall automatically be extended for a period of ten (10) years, unless and
except if there be filed by the majority owners of the lots within this addition, an objection to
such extension; and, in such event, such filing shall terminate the auton-.itic 10-year
extension of the covenants and restrictions in this Bill of Assurance.
20. SEVERABILITY: The invalidation of any one of these covenants or restrictions by
judgment of a court of competent jurisdiction shall in no effect any of the other provisions
which shall remain in full force and effect.
Doc# 20@0068556
PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 18. T�-2-N,
R-13--W. LITTLE ROCK. PULASKI COUNTY ARKANSAS. MORE PARTICULARLY
DESCRIBED AS;
COMMENCING AT THE SW CORNER OF SECTION 18; THENCE N 02'05'58" E
ALONG THE WEST LINE OF SECTION 18 3143.98' TO THE POINT OF BEGINNING;
THENCE N 02'05'58" E 359.56' TO A POINT ON THE SOUTH R/W LINE OF THE
CHICAGO ROCK ISLAND AND PACIFIC RAILROAD (CRI&P); THENCE N 5624'58" E
ALONG THE SOUTH R/W LINE OF SAID CRI&P RAILROAD 419.34' TO A POINT
ON THE WEST R/W LINE OF PINNACLE VALLEY ROAD; THENCE S 03'18'48" E
ALONG THE HEST RIW LINE OF PINNACLE VALLEY ROAD 208.81' TO THE POINT
OF CURVATURE OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF
1975'). THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE ARC OF SAID
CURVE TO THE RIGHT AND THE WEST R/W LINE OF PINNACLE VALLEY ROAR
TO THE POINT OF TANGENCY THEREOF (SAID CURVE SEGMENT HAVING A CHORD
BEARING AND DISTANCE OF S 00'59'47" E 159.68'; THENCE CONTINUE ALONG
THE WEST R/W LINE OF PINNACLE VALLEY ROAD S 01'19'13" W 121.95' TO
THE POINT OF CURVATURE OF A CURVE TO THE LEFT (SAID CURVE HAVING A
RADIUS OF 1025'); THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE ARC
OF SAID CURVE TO THE LEFT AND THE WEST R/W LINE OF PINNACLE VALLEY
ROAD TO A POINT WHICH 1S S 09'31'09" E 385.52' FROM THE POINT OF
CURVATURE THEREOF; THENCE WEST 159.96'; THENCE N 47'45'22" W TO THE
PAINT OF BEGINNING, CONTAINING 5.91 ACRES, MORE OR LESS.
Doc# 2800068556
IN WITNESS WHEREOF, the said Grantors have caused these presents to be executed
this _Z2 &- day of EI� 2000.
APPROVED
LITTLE ROCK PLANNING COMMISSION
By
Date
Reviewed only lof irkssion of minimLm standards
regu)ted by the City of U t;e Rods subdivision rogulatiorrs.
gill of Assuranoe provisions established by tho
developer may exceed mirinum ragulatiM of tho
Little Rock subdivision and zoning ordinances.
2
City a# Chile Rock Planninq Comrnission
GRANTOR(S)
ton R. Brown, Jr.
dinal—
Valerie J. B wn, his wife
Doc# 2000068556
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
BE IT RE -MEMBERED, that on this date came before me, a Notary Public, duly
commissioned and acting for the State and County aforesaid Kelton R. Brown. Jr. and Valerie I
Brown, his wife, stated that as Grantors they had executed the foregoing Bill of Assurance for the
purposes set forth therein.
31 go) 0z'D � C)
My Commission Expires
,OFFICIAL SEAL°
Rachel S. Menzies
Notary Public, State of Arkansas
County of Grant
My Cpmmizion F.V. 03/2=10
Cit of Little Rock
Depanment of
Public 1N'Drks
701 West t:,zrlhz-r
Little Rock, Ar►.anszs 72231.13�D
371-4611 Ft,X -=50
- ' 1
CIVIL ENGINEERING RESPONSE
EnQineerinq Division
The Civil Engineering Requirements for Filing of Final Plats
have been satisfied. Approval for filing of this plat can
be issued P/N,VACLE V,4LLF)e SuS P114SF IV
Signed By
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CLR PUBLIC WORKS DEPT.
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City of Little'Rock
Deppnment of
Public Works
/01 West l4arkn27-71
Little Focht, Arkansas 72M1.13D0
371-4811 FAX -=b0
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CIVIL ENGINEERING RESPONSE
Enaineerinq Division
The Civil Engineering Requirements for Filing of Final Plats
have been satisfied. Approval for filing of this plat can
be issued P1 N/,/ACLE' I/,4LLF)e' ' SU 3 PhAsF IV
Signed By
14
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