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BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, Wilson Development, LLC (hereinafter called
"Developer"), is the Developer of the following property:
Part of the NW4, NE4 and part of the NE4, NW4
of Section 16, T-1-N, R-13-W, Little Rock,
Pulaski County, Arkansas, being more
particularly described as follows:
Beginning at the NW corner of the NW4, NE4 of
said Section 16; thence S 87019'44" E along
the North line of said NW4, NE4 680.39 feet to
a point on the West R/W line of U.S.
Interstate Highway 430; thence in a Southerly
direction along the West R/W line of U.S.
Interstate Highway 430 the following courses:
S 02019130" W 183.50 feet; S 10°141'13" West
315.13 feet; S 05045156" W 286.13 feet; N
48017139" W 400.90 feet; thence N 71038118" W
245.85 feet; thence N 61015128" W 210.18 feet;
thence N 70051114" W 355.07 feet; thence N
25005117" W 302.47 feet to a point on the
North line of the NE-3-4 NW4; thence S 87029105"
E along the North line of said NE4, NW4 594.27
feet to the Point of Beginning, containing,
12.66 Acres more or less,
shown on the plat, hereinafter mentioned, as Lots 1 - 12 and Tract
A, Sandpiper South, an addition to the City of Little Rock,
Arkansas ("SANDPIPER SOUTH"); and
WHEREAS, it is deemed advisable that all of the property shown
on the plat hereinafter mentioned, be subdivided into building
lots, tracts and streets as shown on the plat filed herewith, and
that said property be held, owned and conveyed subject to the
protective covenants herein contained.
NOW THEREFORE, the Developer, for and in consideration of the
benefits to accrue to it, its successors and assigns, which
benefits it acknowledges to be of value, has caused to be made a
plat, showing a survey made by McGetrick Engineering, Inc.,
Registered Land Surveyor dated September 8, 1994 and bearing a
Certificate of Approval executed by the Department of Comprehensive
Planning of the City of Little Rock, and showing the boundaries and
dimensions of the property now being subdivided into lots, tracts
and streets (the "Plat").
The Developer hereby donates and dedicates to the public an
easement of way on, over and under the streets on said Plat to be
used as public streets. In addition to the said streets, there are
shown on said Plat certain easements for drainage and utilities
which Developer hereby donates and dedicates to and for the use of
public utilities, the same being, without limiting the generality
of the foregoing, electric power, gas, telephone, water, sewer and
cable television 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 -Off icio Recorder of Pulaski
County shall be a valid and complete delivery and dedication of the
streets and easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as Lots
1 - 12, (hereinafter referred to as the "Lots" or singularly a
"Lot") and Tract A, SANDPIPER SOUTH, an Addition to the City of
Little Rock, Arkansas and any and every deed of conveyance of any
lot or tract in the subdivision describing the same by the
designation 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:
1. LAND USE AND BUILDING TYPE. The Lots herein platted
shall be held, owned and used only for residential building sites.
No structure shall be erected, altered, placed or permitted to
remain on such Lots other than a detached single family dwelling,
a private garage for the storage of passenger cars owned or used by
residents, guest house, servant's quarters and other outbuildings
clearly incidental and related to residential use of the premises.
No such Lot shall be used for commercial purposes. Such
restrictions shall not prohibit the temporary maintenance of model
homes for promotional purposes and sales offices by Developer or
other professional builders.
2. ARCHITECTURAL CONTROL. No structure shall be erected,
placed or altered on any property in SANDPIPER SOUTH until the
building plans, specifications and plot plan 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 Developer. In the
event Developer shall fail to approve or disapprove or request
additional information regarding the plans, specifications or plot
plan submitted to it as herein required within thirty (30) days
sept=?a--r 14, IM -2-
after such submission, this covenant shall be deemed to have been
fully met by the person submitting such plans for approval.
Enclosed garages shall be required; however, the Developer may, in
its sole discretion, approve or disapprove an open carport if it is
located behind the residence it serves and if the open carport is
not visible from the street adjoining the residence. Nothing
herein contained nor the required consent of the Developer shall in
any way be deemed to prevent any of the owners of property in
SANDPIPER SOUTH from maintaining any legal action relating to
improvements within SANDPIPER SOUTH which they would otherwise be
entitled to maintain. There shall be no compensation to Developer
for the services to be performed pursuant to this provision.
3. LOT AREA AND WIDTH. No residence shall be erected,
altered or permitted to remain on any Lot in SANDPIPER SOUTH if the
area of the Lot is less than 6,000 square feet or if the width
thereof at the front building line is less than 65 feet. No Lot
shall be subdivided without written consent of the Developer and of
the Little Rock Planning Commission first had and obtained.
4. MINIMUM PRINCIPAL DWELLING SIZE. N o p r i n c i p a l
residential structure shall be constructed or permitted to remain
on any lot platted hereby as SANDPIPER SOUTH unless the main floor
area thereof, exclusive of porches, patios, carports, garages and
breezeways shall be at least 1,400 square feet. The term "main
floor" as used in this paragraph shall include living, dining and
sleeping areas, which areas may be on different levels.
5. BUILDING LOCATION. No building, fence or wall shall be
constructed on any Lot nearer to the street than the building line
shown on the Plat. No residential structure shall be located
nearer than six (6) feet to an interior lot line or ten percent
(10%) of the average width of the Lot, whichever is greater;
provided, however, such side yard need not exceed eight (8) feet in
width. For the purpose of this covenant, eaves, steps and open
porches shall not be considered a part of the dwelling. No
residential structure shall be nearer than twenty-five (25) feet to
the rear lot line.
6. TEMPORARY STRUCTURES. Within SANDPIPER SOUTH no
trailer, tent, shack, garage, hutment, barn, structure of a
temporary character, or outbuilding of any kind on said land shall
at any time be used or occupied as a residence, temporarily or
permanently.
7. SIGNS. Except for subdivision identification signs, no
billboard, poster, or sign shall be placed or permitted to remain
on any part of SANDPIPER SOUTH; provided, however, one sign only
per Lot not exceeding five (5) square feet in area may be displayed
advertising the property for sale or rent, and signs used by the
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Scptember 14. IM -3-
Developer or a builder may be displayed to advertise the property
during the construction and sales period.
8. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge,
or shrub planting which obstructs sight lines at elevations between
two (2) and six (6) feet above the roadway shall be placed or
permitted to remain on any corner Lot within the triangular area
formed by the street property lines and a line connecting them at
points fifty (50) feet from the intersection of the street lines,
or, in the case of a rounded property corner, from the intersection
of the street property lines extended. The same sight line
limitation shall apply on any Lot within ten (10) feet from the
intersection of the street property line with the edge of a
driveway or alley pavement. No tree shall be permitted to remain
within such intersection unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight lines.
9. FENCES. No fence, wall, hedge, or mass planting shall
be permitted to extend beyond the minimum front building setback
line established herein or from the side yard building line to the
street on corner Lots. The design, construction and material of
any fence or wall must be submitted for consideration by the
Developer in the same manner as provided in Paragraph 2 hereinabove
for Architectural Control.
10. PUBLIC UTILITIES. All structures erected upon any Lot
as a residential dwelling shall be served by all public utilities,
including public sewer.
11. EASEMENTS. No building, trees, 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 and no
alteration including grading, filling, excavation or other site
work may be done within the area of any of the easements shown on
the Plat which may damage or interfere with the installation and
maintenance of utilities or which may change the direction of flow
of drainage channels, or which may obstruct or retard the flow of
water through drainage channels; and, in the event any such
obstruction is placed thereon in violation of this restriction and
reservation, no public authority will be liable for destruction of
same in maintaining or repairing its lines located within the area
of said easement.
Easements, including drainage channels, shall be mowed and
generally maintained by the owner of the Lot over which the
easement or drainage channel is platted except for improvements
installed in those easements _for which a public authority or
utility is responsible.
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Scpcmber 14. 1994 - 4 -
12. LIVESTOCK AND POULTRY.
of any kind shall be raised or
that dogs, cats or other fully
provided that they are not kept
purposes.
No animals, livestock or poultry
kept with SANDPIPER SOUTH except
domesticated pets may be kept,
or maintained for any commercial
13. NOXIOUS ACTIVITY. No noxious or offensive trade or
activity shall be carried on within SANDPIPER SOUTH nor shall any
trash, ashes or other refuse be thrown, placed or dumped, nor shall
anything ever be done which may be or become an annoyance or
nuisance to the neighborhood. Within SANDPIPER SOUTH, no garbage
or trash shall be placed or kept in any area except in a covered
container. In no event shall such containers be maintained so as
to be visible from neighboring property except to make the same
available for collection and then only for the shortest time
reasonably necessary to effect such collection.
14. DRIVEWAYS. No concrete, asphalt or other obstruction
shall be placed in the street gutters. Curbs may be broken at
driveways and driveway grades lowered to meet the gutter flow line
or not more than (2) two inches above said flow line.
15. PROPERTY LINES AND BOUNDARIES. Iron pins have been
set on all lot corners and points of curve, and all curve data as
shown on the Plat is centerline curve data. In the event of minor
discrepancies between the dimensions or distances as shown on the
Plat and the actual dimensions or distances as disclosed by the
established pins, the original pins as set shall control.
16. SATELLITE RECEIVER DISH. No satellite receiver dish
("dish") shall be erected, placed or maintained on any Lot between
the front building setback line and the street or the side building
line and the street on corner lots or within ten (10) feet of any
property line or in the side yard areas between houses. No dish
shall be mounted on any building or exceed an overall height of ten
(10) feet. Only one dish will be permitted on any one Lot and each
dish shall be neutral in color, have no advertising on any surface
and shall be screened from adjoining properties by an opaque wall,
fence, hedge or berm. These restrictions shall be cumulative and
in addition to any municipal or governmental restrictions and
requirements.
17. BOAT CAMPERS AND TRAILERS. No motorboat, houseboat,
canoe, sailboat, or other similar waterborne vehicle, no camper,
tractor, trailer or recreational vehicle and no inoperative or
disassembled vehicles of any kind shall be maintained, abandoned,
stored or permitted to remain in the street right-of-way or in the
area between the street and the building set -back line, or in the
side yard area.
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Scptemb- 14, 1"4 - 5 -
18. ENFORCEMENT. In the event of any attempt to -violate any
of the covenants or restrictions herein contained before the
expiration date hereof, it shall be lawful for any person or
persons owning property in SANDPIPER SOUTH to prosecute 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 for so doing or to
recover damages in any court of law for such violation.
19. 100 YEAR FLOOD PLAIN. The 100 Year Flood Plain
elevations shown on the Plat were taken from the latest information
provided by the Corps of Engineers. Minimum floor elevations have
been shown on Lots affected by the flood plain (Lots 6, 7, 8, 9).
Owners of these Lots are advised to verify the most current
information available on the status of flooding on the property.
20. AMENDMENT. These covenants and restrictions may be
canceled or amended if an instrument signed by the owners of at
least seventy percent (70%) of the Lots covered by the 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 for
record in the Office of the Circuit Clerk and Recorder for Pulaski
County, Arkansas; provided that if the Developer owns any property
within the area covered by this Plat, the Developer's approval to
cancel or amend these covenants and restrictions must be first
obtained. Developer shall have 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,
or while Developer continues to own any property covered by this
Plat and Bill of Assurance, Developer shall have the right to amend
these covenants and restrictions; provided, however, that any such
amendment by the Developer shall require the prior approval of the
Little Rock Planning Commission. Any such instrument shall be
effective and binding when it is filed for record in the office of
the Circuit Clerk and Recorder for 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, 2015 and
shall also exist at all times during each and every successive
period extending the covenants, restrictions, requirements and
provisions of this Bill of Assurance.
21. SEVERABILITY. The invalidation of any one of these
covenants or restrictions by judgment of a court of competent
jurisdiction shall in no way affect any of the other provisions
which shall remain in full force and effect.
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Scpemb- 14, 1994 - 6 -
IN WITNESS WHEREOF, the said Developer� has caused these
presents to be executed this day of _,%. / , 1994.
WILSON DEVELOPMENT, LLC
By:
By:
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day, before me, the undersigned, a Notary Public, duly
commissioned, qualified and acting, within and for the s id nt
and s a e, a p d in erson the within named
and to e personally we known, who
st that they re the and
, res ectiv ly, of Wilson Development,
L C, and were duly authorized in their respective capacities to
execute the foregoing Bill of Assurance for and in the name and
behalf of said Wilson Development, LLC; and further stated and
acknowledged that they had so signed, executed and delivered said
foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
IN TESTIMONY WHEREOF, I ave hereunto set my hand and official
seal this—F�-C,� day of , 1994.
My commission expires:
MY COMMISSION EXPIRES APRIL,26, 2001
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SepWnocr 14, 19W —7—
PULASKI AREA GEOGRAFHIG
INFORMATION SYSTEM CONTROL DATA FORM
GITY OF LITTLE ROCK. ARKANSAS
STATION NAME
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POSITION DETERMINED BY,
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