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Recorded: 12/29:2010 02:22:14 P'N! Filed &
Recorded in Official Records of PAT O'8RIEN
PULASKI COUNTY CIRCUIT;COU'NTY CLERK
,ees 540 00
BILL OF ASSURANCE
APPLE SUBDIVISION PHASE lii n
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, KEOWN HOMES, L.P., (hereinafter called "Grantor") is the
sole owner of the following described lands_ lving in Pii1w,- i (liximl-ir Arkansas:
PART OF THE NE 1/4 NW 1 /4 OF SECTK)N 20, ARKA�ISAS. MORE PARTICULARLY
> > r r r++++
7 1�N. H-11 -W, LITTLE ROCK, PULASKI COI3NTl', tic�`���v cI,R���/,,�+`
Ii$EQ AS FQLLaWS;
BEG AT THE SW CORNER OF LOT 47 P , APPLE SBLOO'SSOM �JSRVXE' d THE PHASE
�}t : - :•`.,
THENCE S76'01'10"E 177,6a; THENCE SRO' Co's
VY1iH A RADIUS OF 411.52 AND A CHORD BEARING AND DISTANCE OF N3249'14'£ THORD BEAR „ .: .
91.81' iO A cuRVE TO THE RIGHT Y94TH A RADIUS OF 25�oG' AND A CCBEARINGG 3� G
AND DISTANCE OF 1N56"26'i3'E 28.'A7'; lYNCE 589'33'19"E 58.12';THENCE S05 AB'i9'E
_ N�� •,
THENCE NBs 4W31"E 115.39 . THENCE S15'15'Sa0`E 67.22•; THENCE SOG'5W VII , : z ,.� L
132.35; THENCE SM-W01"W 31.41 ; -THENCE S70'01-W-W 53.30';
185.28% THENCE 567'3U Lq
5i'W $7.04'; THEN �s
THENCE 546'24'36"W 40.23% THENCE 543'32'U1'W 103.57; THENCE 54837 47"W $8 74';
'THENCE $71i72'71"W 52.i1B'; THENCE $57'37'i'.5"W 59.4{i' THENCE 566'48'03 W 34ti53'i f�C.
579 W 5G.$ 7'3 j',46-W 162.6.1; THENCE S63'40'21"„W 111.06'a THENCE fd+ + �GUR'TV �' <<`•
5$ 75r 11>i].2 THENCE S67'50 2g W 131.30 ; THENCE NOO'27'GB E 43ff. E =' +
ROM N4S-359WE 161.31 , THENCE N56'S1 49'E 386.38' 7TifNGE N12U2 3i'E 115.7D
To THE POINT OF BEGINNING. CONTAIN" 9.758 ACRES MORE OR LES&
A,40 WHEREAS, it is desirable that the above described lands be platted into
lots, blocks, tracts, and/or streets.
NOW, THEREFORE WITNESS:
THAT the said GRANTOR has caused said lands to be surveyed by McGetrick &
McGetrick, Inc., Registered Professional Engineers and Land Surveyors, and a plat
thereof made which is identified by the title Final Plat — Phase III B Apple Blossom
Subdivision, Little Rock, Arkansas, December, 2010, bearing the signature and seal of
said Engineer and Surveyor and the Signature of the GRANTOR and bears a Certificate
of Approval executed by the Circuit County Clerk of Pulaski County, Arkansas as Plat #
data c� [ 8
The GRANTOR does hereby plat and subdivide the above described lands in
accordance with the recorded plat. The lands embraced in the said plat shall be forever
known as:
PHASE III B, APPLE BLOSSOM SUBDIVISION, LITTLE ROCK,
ARKANSAS.
The GRANTOR hereby dedicates to the public forever an easement of way on
and over the streets as shown on the plat, to be used as public streets.
There are strips of land shown and dimensioned on the plat designated as Utility
and/or Drainage Easements, which are reserved for the use of public utilities and/or
drainage purposes respectively, subject at all times to the proper authorities. Owners of
lots in this subdivision shall take their titles subject to the rights of public utilities and the
public in general.
The filing of this Plat and Bill of Assurance for record in the Office of the Circuit
County Clerk of Pulaski County, Arkansas shall constitute a complete and valid delivery
and dedication of any and all street and/or easements shown on the said plat.
Hereinafter, conveyance and description of any of the lands by lot number as
shown on said plat shall be a proper and complete description thereof.
The lots in the subdivision shall be sold by the GRANTOR and purchased by the
buyers thereof, subject to the following covenants and restrictions:
1. LAND USE AND BUILDING TYPE. Said land herein platted as
lots shall be held, owned and used only for residential building sites. No structures shall
be erected, altered, placed or permitted to remain on any residential building sites -other
than a detached single-family dwelling, a private garage for storage of passenger cars
owned or used by residents, guest house, servants' quarters, and other outbuildings
clearly incidental and related to residential use of the premises. No such building site
2. shall be used for commercial purposes. Such restrictions shall not
prohibit the temporary maintenance of model homes for promotional purposes and
construction or sales offices by GRANTOR or other professional builders.
3. ARCHITECTURAL CONTROL. No structure shall be erected,
placed or altered on any property in Apple Subdivision Phase III B 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 GRANTOR. In the event the
GRANTOR fails 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 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 Westfield from maintaining any legal action relating to improvements within
Westfield which they would otherwise be entitled to maintain. There shall be no
compensation to the GRANTOR for the services to be performed pursuant to this
provision.
4. LOT AREA WIDTH. No resident shall be erected, altered or
permitted to remain on any lot platted as Apple Subdivision Phase III B if the area of the
lot is less than 6,000 square feet and the average width of the front and rear of the lot is
less than (60) feet. No lot shall be subdivided without written consent of the GRANTOR
and the Little Rock Planning Commission first had and obtained.
5. MINIMUM PRINCIPAL DWELLING SIZE. No principal
residential structure shall be constructed or permitted to remain on any lot platted hereby
as Apple Subdivision Phase III B unless the main floor area thereof, exclusive of porches,
patios, carports, garages and breezeways shall be at least 1,000 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.
6. BUILDING LOCATION. No building, fence or wall shall be
constructed on any lot nearer to the street than the building line shown on said plat. No
residential structure shall be located nearer than a six (6) feet to an interior lot line or ten
percent (10%) of the average width of the single-family 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 to the rear lot line than allowed by
the City of Little Rock.
7. TEMPORARY STRUCTURES. No trailer, basement, tent, shack,
garage, garage apartment, hutment, barn, structure of a temporary character, or
outbuildings of any kind on said land shall at any time be used or occupied as a residence,
temporarily or permanently.
8. SIGNS. Except for subdivision identification signs, not billboard,
poster, or sign shall be placed or permitted to remain on any part of said property;
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 GRANTOR or a
builder may be displayed to advertise the property during the construction and sale
period, or otherwise with reference to model homes, etc.
9. 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 comer 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 comer, from the intersection of the street property lines extended. The same
sight line limitations 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 intersections unless the foliage line is maintained at a
sufficient height to prevent obstruction of such sight lines.
10. 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 materials
of any fence or wall must be approved by the GRANTOR in the same manner as
provided in Paragraph 2 hereinabove for Architectural Control.
11. PUBLIC UTILITIES. All dwellings and other structures erected
upon any lot as a residential dwelling shall be served by all public utilities, including
public sewer.
12. EASEMENTS. No building, tree's, 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 the 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 location with in 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.
13. LIVESTOCK AND POULTRY. No animals, livestock or poultry of
any kind shall be raised or kept except that dogs, cats or other fully domesticated pets
may be kept, provided that they are not kept or maintained for any commercial purposes.
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.
15. PROPERTY LINES AND BOUNIIARIES. Iron pins have been
set on all lot corners and points of curve, and all curve data as shown on the attached plat
is centerline 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 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 surface, and shall be screened fro 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. BOATS CAMPERS AND TRAILERS. No motorboat, houseboat,
canoe, sailboat, or other similar waterborne vehicle, no camper, trailer, or recreation
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 setback line or in the side yard area.
18. ENFORCEMENT. 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 any lots in Apple Subdivision Phase III B to prosecute any
proceedings at law or in equity against a person or persons violating or attempting to
violate such covenants or restrictions, either to prevent him or them from so doing or to
recover damages for such violation.
18. AMENDMENT. These covenants and restrictions may be canceled
or amended if an instrument signed by the owners of at least fifty-one percent (51 %) of
the said area covered by this plat is placed of record agreeing to change the covenants and
restrictions in whole or 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 GRANTOR owns any
property within the area covered by this plat, the GRANTORS approval to cancel or
amend these covenants and restrictions must be first obtained. GRANTOR 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 GRANTOR continues to own any property covered by this Plat and Bill of
Assurance GRANTOR shall have the right to amend these covenants and restrictions;
provided, however, that any such amendments by the GRANTOR 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.
19. SEVERABILITY. 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
The considerations set forth in items one through twenty-one 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
approval.
WITNESS our hands and/or seals on this / S Vf day of December, 2010.
R609 .1 only (Cr indter,lon of minlmum ctzdara�;
roqulre : by tno Utr ct Ut'.io Roe% oubdwizii^7 ; .�rl2'.i❑r:;.
Ui;l of Amuryin c:a ri avtibic r. a crtauIishau by ! :
t ov*por may axcscd Mfnimu7 regulations of tho
Little Rock subdivision and zening ordinances.
Clty o>< Lily l4ock Planning scion
GRANTOR
KEOWN HOMES, L.P.
Ole, ,
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF 7 ,f/ S ' )
BE IT REMEMBERED, that on this date came before me, a Notary Public,
Sj�W,4101 and stated that as an officer or official of
KEOWN HOMES, L.P., GRANTOR in the forgoing Bill of Assurance, was authorized to
and had executed the same for purposes stated therein
•_
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TAP y.
_ N pugUG y - Notary Public
[`,`',�
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My Commission Expires
(SEAL)
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —APPLE BLOSSOM III-B
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain [mp ovem is rem .n un o pleted and a punch list has been prepared and sent.
Engineering Specialist Date: —2,2- —
el�
ADDRESSING SPECIALIS REPORT
I have rev' wed the plat d ind that the street names and street configuration are acceptable.
Addressing Specialist Date:-/zl
TRAFFIC ENGINEER REP RT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage and street lights.
Indicate the number of street signs ordered for this plat for billing to developer
Certain improvements re in uncompleted and a punch list has been prepared and sent.
�a' " �� raffic Engineer Date: I Z- 2 r - 7-
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
All ther requirements for final plat approval have been satisfied.
Civil Engineer I/II Date: /Z-��0 /U
SURVEYOR'S REPORT
i have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
Surveyor Date: �2 '2/-�) CJ
MANAGER APPROVAL
All Civil Enginee 'ng re is for sling this final plat have been satisfied.
Date:
Des K,,n Review En eer/Civil E-rigineering Manager
December 21, 2010
Page 1 of 1
James, Donna
From: Jim Boyd Uim.boyd@lrwu.comj
Sent: Tuesday, December 21, 2010 11:22 AM
To: James, Donna
Cc: 'McGetrkEng@aol.com'
Subject: FW: (no subject)
Sewer is available to this property and no additional easements are required. LRW has no objection to
filling this plat.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR'72204
Office 5o1-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
From: McGetrkEng@aol.com [mailto:McGetrkEng@aol.com]
Sent: Tuesday, December 21, 2010 11:17 AM
To: Jim Boyd
Subject: (no subject)
Sorry Jim
My computer is giving me major problems.
Hope this one goes is the right one.
Pat
12/21/2010
Print Page 1 of 1
From: CAPPS, TROY D (ATTSWBT) (TC7972@att.com)
To: mcgetrick2@sbcglobal.net;
Date: Thu, December 16, 2010 3:15:50 PM
Cc:
Subject: RE: APPLE SUBDIVISION PHASE 3B
Pat
Att approves the attached plat and and will provide service to this subdivision.
Thanks,
Troy Capps
Att —Engineering —Design
501-373-3713
From: MCGETRICK MCGETRICK [mailto:mcgetrick2@sbcglobal.net]
Sent: Monday, December 06, 2010 4:34 PM
To: CAPPS, TROY D (ATTSWBT)
Subject: Re: APPLE SUBDIVISION PHASE 3B
Troy
It has been a bad Monday. We had our backflow preventor, heat pumps stolen, windows cracked and
front door pried open over the weekend. I hope I get this right this time.
Pat
From: "CAPPS, TROY D (ATTSWBT)" <TC7972@att.com>
To: MCGETRICK MCGETRICK <mcgetrick2@sbcglobal.net>
Sent: Mon, December 6, 2010 4:27:09 PM
Subject: RE: APPLE SUBDIVISION PHASE 3B
PAT
You attached 3A
From: MCGETRICK MCGETRICK [mailto:mcgetrick2@sbcglobal.net]
Sent: Monday, December 06, 2010 4:25 PM
To: CAPPS, TROY D (ATTSWBT)
Subject: APPLE SUBDIVISION PHASE 3B
Troy
Bill asked that I send you the final plat on phase 3b apple subdivision. I also need the plat signed off
if you have no revisions. Forward us a sign off copy
Thanks
Pat
http://us.mg204.mail.yahoo.com/dc/launch?.partner=sbc&.gx=1&.rand=8cdufofobglmr 12/16/2010
Print
Page 1 of 1
From: B1ake.Weindorf@CArkW.com (B1ake.Weindorf@CArkW.com)
To: DJames@littlerock.org;
Date: Thu, November 4, 2010 12:36:11 PM
Cc: mcgetrick2@sbcglobal.net;
Subject: Fw: Final Plat sign off Apple Subdivision Ph 3b
NO OBJECTIONS to the Final Plat for Apple Subdivision Ph 3b.
Please let me know if I may be of further assistance.
Thanks,
Blake F. Weindorf, P.E.
Senior Engineer
Central Arkansas Water
501.377.1224
501.210.4980 (fax)
blake.weindorf@carkw.com
----- Forwarded by Blake Weindorf/CAW on 11/04/2010 12:38 PM
From: MCGETRICK MCGETRICK <mcgetrick2@sbcglobal.net>
To: Jim Boyd <jim.boyd@lrwu.com>
Cc: Joni Bates <joni.bates@centerpointenergy.com>, blake weindorf <blake.weindorf@carkw.com>, Chris Keithley <ck0826@aft.com>,
fthompl@entergy.com
Date: 10/31/2010 01:17 PM
Subject: Final Plat sign off Apple Subdivision Ph 3b
Here is the final plat fo the Apple Subdivision ph 3b. Please review and contact us with any revisions.
If it is ok please contact Donna James at the planning office.
Thanks
Pat A Before you print this email think about the environment.
http://us.mg204.mail.yahoo. comldc/launch?.partner=sbc&.gx=1 &.rand=5v77chvmftil7 11 /5/2010
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(225 unread) att.net Mail, mcgetrick2@sbcglobal.net
Page 1 of 1
atnrt Hi, PAT I Available I Sign Out at& t
Check Mail New WhaVs New Inbox 2299 emails RE: final plat apple subt fffi�;
Search Mail Go =ti•= Reply Forward Spam Move I I P�Actions
w4b SUM*
VkM Your
RE: final plat apple subdivision phase 3b Thu, December 16, 2010 3 42:16 PM
i coru- O
From: "Bates, Joni B." <joni bates@centerpointenergy.co. View Contact
Inbox (225)
To: MCGETRICKMCGETRICK<mcgetNek2@sbcglobal.neb
Drafts
Sent
Spam (25)
Empty
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Empty
From: MCGETRICK MCGETRICK[maifto:mcgetrick2@sbcglobal.net]
Contacts
Add
Sent: Thursday, December 16, 2010 3:33 PM
1 online
To: Bates, Joni B.
Steve Hockersmith
Subject: final plat apple subdivision phase 3b
Folders
Add
Joni
Drafts
I am trying to file the final plat on the above subdivision. I need your sign off. Can you e-mail an
approval. The subdivision is not using gas.
Thanks
Pat
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http://us.mg204.maii.yahoo.com/dc/launch?.partner=sbc&.gx=1&.rand=Impkf7ck8h7c2 12/21/2010
City of Little Rock
Planning and Development
Filing Fees
Date C , , 20_LD
Annexation
$
Board of Adjustment
$
Cond Use Permit/T U P
Final Plat
$
Planned Unit Dev
Preliminaiy Plat
$
F
Special Use Permit
$
Rezoning
$
Site Plans
$
Street Name Change
$
Street Name Signs
Number at ea
Public Hearing Signs
Number at ea
$
Total $
File No
Location
Applican
By