HomeMy WebLinkAboutS-1067-A ApplicationCity of Little Rock,Ark.
Filing Fees
Date: ►X 19f6
Annexation $
Bd.of Adjustment $
Cond. Use Permit $ , /
Final plat $ 438' v
Planned Unit Dev. $
Preliminary Plat $
Special. Use Permit. , $
Rezoning
Site Pla4l—," JUL � loss
Right of w 1;,.....,...-"rl O'
abandonment BUILDING
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Street name change $
Street name signs
Number -at ' / !-!ea . $ � J�
�J pp, Total�7 $'J_CJ 1
File no.1667A - P,vg aCk'rT
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BILL OF ASSURANCE
THAT WHEREAS, PEBBLE BEACH CO., INC., an Arkansas corporation (hereinafter called "Granter"),
is the owner of the following property:
PART OF THE NWl/4, SE1/4 OF SECTION 30, T-2-N, R-13-W, LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE NE CORNER OF THE NWl/4, SE1/4 OF SECTION 30; THENCE S01121'51"W
1308.66' TO THE SE CORNER OF SAID NW1/4, SE1/4; THENCE N89°03'49"W ALONG THE
SOUTH LINE OF SAID NWl/4, SEIM 305.0l'; THENCE N01°21'51"E 363.88'; THENCE
N35034' 15"W 79.16'; THENCE N62031'29"W 168.72'; THENCE N34104'00"E 70.62'; THENCE
N48002'26"W 186.30' TO A POINT ON THE ARC OF A CURVE TO THE RIGHT (SAID CURVE
HAVING A CENTRAL ANGLE OF 62005'22" AND A RADIUS OF 510.0'); THENCE IN A
NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE RIGHT TO A POINT
WHICH IS N43012'32"E 127.68' FROM THE PREVIOUS POINT; THENCE N33°31'18"W 290.24';
THENCE S88016'34"E 270.82'; THENCE N01°25'52"E 175.0'; THENCE S88°16'34"E 55.50';
THENCE N01043'26"E 125.0' TO A POINT ON THE NORTH LINE OF SAID NWl/4, SE1/4;
THENCE S88016'34"E ALONG THE NORTH LINE OF SAID NWl/4, SE1/4 360.91' TO THE NE
CORNER THEREOF AND THE POINT OF BEGINNING, CONTAINING 13.13 ACRES, MORE OR
LESS.
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, in order
to enhance the value of the Pebble Beach Neighborhood.
NOW THEREFORE, the Grantor has caused the above described land to be surveyed by
McGetrick Engineering, Inc., Engineers and Land Surveyors and a plat made thereof, identified by the
title "Final Plat, Phase I, Pebble Beach Estates, Little Rock, Arkansas". The plat bears the signatures and
seals of Robert C. Lowe, Jr., Registered Professional Land Surveyor and Patrick M. McGetrick, Registered
Professional Engineer, the signatures of the Grantor, a Certificate of Approval by the Little Rock Planning
Commission and is filed for record in the records of the Circuit County Clerk of Pulaski County Arkansas
as Plat #
The Grantor 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 access and/or utilities which The Grantor 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 County Clerk
and Ex-Officio 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 "Phase I, Pebble Beach Estates, Little
Rock, Arkansas" and any and every deed of conveyance of any lot in Phase I, Pebble Beach Estates
describing the same by the number 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. Additions to Phase I Pebble Beach Estates. Additional lands of Pebble Beach Estates may
become subject to this Bill of Assurance and added to Pebble Beach Estates in the following manner:
Pebble Beach Estates shall have the right but not the obligation to bring within Pebble Beach Estates
additional properties, regardless of whether or not said properties are presently owned by the Grantor, as
future phases of the Pebble Beach Estates, provided that such additions are in accord with the general plan
of development for the Pebble Beach Estates which has been prepared prior to the date of this Bill of
Assurance and prior to the sale of any lot in the Pebble Beach Estates and is maintained in the office of
the Grantor and provided such proposed additions, if made, become subject to assessments of the Pebble
Beach Estates Property Owners Association, Inc. for their share of expenses. UNDER NO
CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Pebble Beach General Plan
bind the Grantor to make the proposed additions or to adhere to the Pebble Beach General Plan or any
subsequent development plan shown on the Pebble Beach General Plan. Nor shall the Grantor be
precluded from conveying lands in the Pebble Beach General Plan not subject to this Bill of Assurance or
any supplement free and clear of this Bill of Assurance or any supplement thereto. Any additional phases
added to Pebble Beach Estates shall be made by filing of record a supplemental Bill of Assurance with
respect to the additional property and shall extend the covenants and restrictions of this Bill of Assurance
to said additional property and the owners, including the Grantor of lots in those additions shall
immediately be entitled to all rights and privileges provided in this Bill of Assurance. The Supplemental
Bill of Assurance may contain such complimentary additions and modifications of the provisions of this
Bill of Assurance necessary to reflect the different character, if any, of the added properties as are not
inconsistent with the plan of this Bill of Assurance. In no event, however, shall such supplement, revoke,
modify or add to the covenants established by this Bill of Assurance as the property herein described. No
entity, other than the Grantor shall have the right to subject additional lands to Pebble Beach Estates
unless the Grantor shall indicate in writing that such additional lands may be included.
2. Architectural Control. No improvement shall be constructed or maintained upon any lot and
no alteration or repainting to the exterior of a structure shall be made and no landscaping performed
unless approved by the Architectural Control Conan-ttlee as pro-6ded for in the Covenants and
Restrictions.
3. Use of Land. The land herein platted shall be held, owned and used only as residential
building sites. No structures shall be erected, altered, placed or permitted to remain on any building site
other than a single detached single-family residence.
4. Height and Type_ of Residence. The residences in Pebble Beach Estates shall be of similar size
and architectural style so as to create a neighborhood or architectural continuity. All construction shall be
approved by the Architectural Control Committee, in its sole and absolute discretion, as further provided
for in paragraph 2 of this Bill of Assurance. No residence shall be erected, altered, placed or permitted to
remain on any lot in the Pebble Beach Estates other than one detached single-family residence not to
exceed two stories in height.
5. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or
the side street line than the minimum building setback lines shown on the Plat; provided, such setback
requircments may be modified if such modification is approved by the Architectural Control Committee,
the Little Rock Planning Commission or the Little Rock Board of Adjustment, and such other regulatory
agency as may succeed to their functions. No building shall be located nearer to an interior lot side line
than a distance of 10% of the average width of the lot, with a maximum distance of 8 feet and minimum
of 5 feet. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the
purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the
building.
G. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any
building site in the Pebble Beach Neighborhood unless the finished heated living area, exclusive of
porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings,
shall equal to exceed that shown in the following schedule:
One Story Multi -Story
Lot Number Minimum Sq. Ft. Minimum Sq. Ft.
All Lots 1,800 2,000
Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each
level.
7. Frontage of Residence on Streets. Any residence erected on any lot in the Pebble Beach
Estates 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.
8. Commercial Structures. No building or structure of any type may ever be placed, erected or
used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition
shall not apply to any business or structure that may be placed on any lot or portion of a lot that is used
exclusively by a public utility company in connection with the furnishing of public utility services to the
Pebble Beach Estates.
9. OutbuildingPrProhibited. No outbuildings 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 Control Committee.
10. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot,
nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other refuse be
thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any site unless
placed in a container suitable for garbage pickup; nor shall anything ever be done which may be or
become an annoyance or nuisance to the neighborhood.
11. 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 building site. No derrick
or other structure designated for use in boring for oil or natural gas shall be erected, maintained or
permitted upon any building site.
12. CessL. No leaching cesspool shall ever be constructed or used on any lot.
13. Existing Structure. No existing, erected building or structure of any sort may be moved onto
or placed on any of the above -described lots.
14. TtMraa Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding
other than a guest house and servants quarters erected on a building site covered by these covenants shall
at any time be used for human habitation, temporary or permanently, nor shall any structure of a
temporary character be used for human habitation.
15. Easements for Public Utilities and Drainage. Easements for the installation, inaintenaitce,
repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated,
said easements being of various widths, reference being hereby made to the Plat filed herewith for a more
specific description of width and location thereof. No trees, shrubbery, incinerators, structures, buildings,
fences or similar improvenients shall be grown, built or maintained within the area of such easement, no
person, firm or corporation engaged in supplying public utility services shall be liable for the destruction
of same in the installation, maintenance, repair or replacement of any utility service located within the
area of such easement.
ld. Fences. No fences, enclosure or part of any building of any type or nature whatsoever shall
ever be constructed, erected, placed or maintained closer to the front lot line than the building setback line
applicable and in effect as to each lot, provided, strictly prohibited and shall not be used under any
circumstances; provided, further, that it is not the intentions of this paragraph to exclude the use of
evergreens or other shrubbery to landscape the front yard. Fencing of any type must be approved by the
Architectural Control Committee as provided in paragraph 2 thereof.
17. Sight Line Restrictions. No fence, wall, hedge or shrub planting which obstructs sight lines
at elevations between two and six feet above the roadways, 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,
within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at
points fifty (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 eight feet to prevent obstruction of
such sight lines. The same sight line limitations shall apply on any lot within ten feet of the intersection
of the street property line with the edge of a driveway or alley pavement.
18. Property Lines and Boundaries. Iron pins have been set on all lot comers and points of
curve and all lot dimensions shown on curves are chord distances, and all curve data as shown on the
Plat filed herewith is centerline curve data. In the event of minor discrepancies between the dimensions
or distances as shown on the Plat and actual dimensions and distances as disclosed by the established pins,
the pins as set shall control.
19. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be
saw cut at driveways with a diamond blade, and driveway grades lowered to meet the gutter line not more
than two inches above the gutter grade.
20. Ground Frontage. No lot shall be subdivided.
21. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the
present owner, its successors and assigns. All parties claiming by, through or under the present owner
shall be taken to covenant with the owner of the lots hereby restricted, and its successors and assigns, to
conform to and observe these restrictions. No restriction herein shall be personally binding upon any
corporation, person or persons, except with respect to breaches committed during its, his or their term of
holding title to said land. The Grantor, its successors and assigns, and also the owner or owners of any of
the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory,
to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to
ordinary legal action for damages and failure by any owner or owners of any lot or lots in this addition to
observe any of the restrictions herein. Any delay in bringing such action shall, in no event, be deemed to
be a waiver of the right to do so thereafter.
22. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set
forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in
part, by a written instrument signed and acknowledged by the owner or owners of more than fifty-one
percent (51%) in area of the total land contained within the Pebble Beach Neighborhood. Each covenant
in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January
1, 2030 after which time each covenant in this instrument shall be automatically extended for successive
periods of ten (10) years unless an instrument terminating the covenants signed by the then owners of
fifty-one percent (511/o) of the lots in the Pebble Beach Neighborhood has been recorded prior to the
commencement of any ten-year period.
23. Attorney Fee. In any legal or equitable proceeding for the enforcement or to restrain the
violation of this instrument or any provisions thereof, by reference or otherwise, the prevailing party or
parties shall be entitled to attorney fees in such amount as the court finds reasonable. All remedies
provided for herein, or at law or equity, shall be cumulative and not exclusive.
24. Oil, Gas and Other Minerals. The Grantor, for and in consideration of Ten and No/100
Dollars ($10.00), executes this Bill of Assurance solely upon the belief that it may own a portion of the
oil, gas and minerals except the coal, sand, clay and gravel in and under the above -described land and
hereby subordinates its interest in the oil, gas and oth r erals except coal, sand, clay and gravel to the
Bill of Assurance and pursuant to paragraph fourteen thereof will not engage the use of the surface in
any oil drilling, soil development operating, oil refi ' gi q g or mining operations.
25. Extension. All covenants for which cxtension is not otherwise provided in this instrument,
shall automatically be extended for successive periods of ten (10) years each unless modified terminated or
canceled as provided herein.
26. Severability. Invalidation of any restriction set forth herein or any part thereof by any order,
judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions or
any part thereof as set forth herein, but they shall remain in full force and effect.
EXECUTED this day of , 1996
Pebble Beach Company
By:
Attest:
Reviewed only fur inclusion of r iinirr �, jj �^
required by ;_
Bill
A'n"'-C1'COOrn1QS-Si"
G3 �6Cityo, Lstiiv Fioc;;t�jmi
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
BE IT REMEMBERED, that on this day, came before me, a Notary Public, duly commissioned
and acting for the state and county aforesaid _ and stated that as an
authorized official of Pebble Beach Co. Inc., Grantor in the foregoing Bill of Assurance, had executed the
same for the purpose stated therein.
IN WITNESS WHEREOF, I have set my hand and seal this day of
.1996.
Notary Public
My Commission Expires:
AMENDMENT TO
PLAT AND BILL OF ASSURANCE
KNOWN ALL MEN BY THESE PRESENTS
THAT WHEREAS, PEBBLE BEACH CO.. INC., an Arkansas corporation (hereinafter called "Granter").
is the owner of the majority of the total land area of the following described property:
FINAL PLAT - PHASE I, PEBBLE BEACH ESTATES, LITTLE ROCK, ARKANSAS,
RECORDED AS PLAT #E-659 IN THE RECORDS OF THE CIRCUIT COUNTY CLERK OF
PULASKI COUNTY, ARKANSAS.
AND WHEREAS, it is advisable and necessary to amend said plat.
NOW THEREFORE, the Grantor has caused an amended plat to be prepared by McGetrick Engineering
Inc., identified by the title "Amended Final Plat - Phase I Pebble Beach Estates, Little Rock, Arkansas".
The plat bears the signatures of Robert C. Lowe, Jr. Registered Professional Land Surveyor and Patrick M.
McGetrick, Registered Professional Engineer, the signature of the Grantor, a Certificate of Approval
executed by the Little Rock Planning Commission and is filed for record in the office of the Circuit
County Clerk of Pulaski County, Arkansas as Plat #
The Grantor certifies that it has amended the plat in accordance with the recorded Amended Final Plat of
Phase I, Pebble Beach Estates, Little Rock, Arkansas.
All provisions of the original Bill of Assurance for Phase I Pebble Beach Estates, filed for record in the
office of the Circuit County Clerk of Pulaski County, Arkansas as Document #96-17607 shall remain in
full force and effect.
IN WITNESS WHEREOF, the Grantor does hereby affix its signature by a duly authorized officer of
Pebble Beach Company Inc. this js day of z s) I v 1996.
Pebble Beach Company Inc.
By:
Title:
Purse .,sd er:1y of
required ty the My o
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ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
BE IT REMEMBERED, that on this day, came before me, a Notary Public, duly commissioned
and acting for the state and county aforesaid J if 4- -F%&L( P.P. and stated that as an
authorized official of Pebble Beach Co. Inc., Grantor in the foregoing Bill of Assurance, had executed the
same for the purpose stated therein.
IN WITNESS WHEREOF, I have set my hand and seal this 5 day of
1996.
Notary Public -v p
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