HomeMy WebLinkAboutS-1067-G Application_ r FFiled/& Recorded inOfficial
R�
r CAROLYN SlALEYd$ of
PULASKI COUNTY
CIRCUIT/C M TY CLERK
CORRECTED Fees $P8. Bb
BILL OF ASSURANCE
THAT WHEREAS, PBDC., an Arkansas corporation (hereinafter called "Grantor"), is the owner of the
Mowing property:
Part of the NW '/4, SE _/4 of Section 30, T-2-N, R-13-W, Little Rock, Pulaski County, Arkansas more
particularly described as:
Commencing at the SE corner of the NW Vs SE '/4 of Section 30; thence N89003'49" W along the South
line of said NW 1/4 SE '/4 320.01' to the Point of Beginning; thence continue N89003'49" W along the
South line of said NW V4 SE '/ 998.61'; thence NOMS'52" E 735.62' to the SW corner of 20. Phase II,
Pebble Beach Estates; thence along the South line of Phase H, Pebble Beach Estates the following courses:
SM34'08"E 182,32' to a point on the East R/W line of Sawgrass Drive, said point being on the Arc of a
Curve to the Right (Having a central angle of 63057'21" and a Radius of 125.0'); Thence in a
Northwesterly direction along the Arc of said Curve to the Right to the Point of Tangency thereof (Said
curve segment having a chord bearing and distance of N08025'08" W 42.78'); thence continue along the
East R/W line of Sawgrass Drive N011126'34" E 8.10'; thence S88°16'34" E 125.0'; thence S01°25'41"W
15.86'; thence S6164425" E 396.52'; thence S60135'04" E 60.0'; thence S62°31'29" E 297.92'; thence
S35*34' 15" E 79,16'; thence S 01 °21'51" W 128.87'; thence N88°38'09" W 15.00'; thence
S01021'51"W 235.12' To the Point of Begirming, Containing 14.655 Acres, More or Less.
AND WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter mentioned,
be subdivided urto 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 oontained, 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 McCetnck
Engineering, inc., Engineers and Land Surveyors, and a plat made thereof, identified by the title "Final Plat, Phase
IIl, Pebble Beach Estates, Little Rock, Arkansas". The plat bears the signatures and seals of Robert C. Lowe, J r.,
Registered Professional Land Surveyor, and Patrick Nl. McGetri* Registered Professional Engineer, the
signatures of the Grantor, a Certificate of Approval by the Little Rock Planning on, and is tiled for
record in the records of the Circuit County Cleric of Pulaski County, Arkansas as Plate
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, eleMc 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 servioes.
The filing of this Bill of Assurance and Plat for record in the office of the Circuit County Clerk and Ex
Offrcio Recorder of Puladd 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 "Plisse III, Pebble Beach
Arkansas" and any and every deed of conveyance of any lot in Phase DI, Pebble Beach Estates
by the number shown on said Piet shall always be deemed a sufficient d%cripbon thereof
-4
`aies
a
i
C)
0
a
C a
�
■e
� t
�
Said lands herein platted and any interest therein shall be held, owned and conveyed subject to and in
conformity with the following covenants:
1. A4 'lions to asg III 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 dear 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 add* oral 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 complementary additions and
modi0cations 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 Committee as provided 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.
C _ Height and Tie of Reside. 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 Requiremeen . 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 requirements may
be modified if such modification is approved by the Architectural Control Commnittee, 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 part of the building.
6. Mitiimm Scam Feet Amg 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 or exceed that
shown in the following schedule:
One Story.
Lot Number Minimum Sq. Ft. 1 lin-iinum S . Ft.
All Lots 2,000 2,200
Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level.
7. Frontgge 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 shah front or present a good frontage on both of the streets designated in the Plat.
S. Comrnescial 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 hot that is used exclusively by a public utility
company in connection with the furnishing of public utility services to the Pebble Beach Estates.
9. Outbuildinga Prohibited. 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 permitter) 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. Cessooal. No leaching cesspool shall ever be constructed or used on any lot.
13`E9ft bnucttrre. No existing erected building or structure of any sort maybe moved onto or placed
on any of the above -describes) lots.
14. T_ emporary Structure. No trailer, basement, tent, shack, garage. (yarn or other outbuilding other than
a guest house and servants quarters erected on a building site covered by these covenants shall at arty 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 PWic Utilities and Drainage. Easements for the installation, maintenance, 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 improvements
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.
16. Fences. No fences, enclosure or part of any building of any type or nature whxsoever 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 Arcbitecmral 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 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, 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 corners 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. pAveway ObMwtions. 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. 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 present 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.
2 L Modifir tion 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 (51%) of the lots in the Pebble Beach
Neighborhood has been recorded prior to the commencement of any ten-year period.
22. Atto Fee. In any legal or equitable proceeding for the enforcement or to restrain the violation of
this instrument or nay 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.
W
23. 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 other minerals except coal, sand, clay and gravel to the Bill of Assurance and pursuant
to paragraph 14 thereof will not engage the use of the surface in any oil drilling, soil development operating, oil
refining, quarrying or mining operations.
24. Extension. All covenants for which extension 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.
2_5. Severabj!t. invalidation of any restriction set forth herein or any pat thereof by any order, judgtnent
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 foil force and effect.
26. _ Zoning Ordinances and Building Codes. All Zoning Ordinances and Building Codes of the City of
Little Rock, Arkansas shall be applicable to all lots in this subdivision.
27. This "Corrected' Bill of Assurance is being filed to correct the name of the Owner/Grantor from
Pebble Beach Co. to PBDC Inc. and to correct minor typographic errors in the legal description shown on said
"Bill of Assurance", recorded as Document #2000 016390 m the records of the Circuit Court, Clerk of Pulaski
County, Arkansas 99.
EXECUTED this __,�97"' day of
PBDC Inc.
ATTEST:
By
Reviewed onty for indusion of minimum stands-'ds
required by tha City of litho Rock oub&visicn ror,ulz!ior';,.
Bill of Assuranm Frovrsjana cstablishod ty''14' c
developer may exceed miry rnurn rs;ul::;v w of tho
Lirdo clock subciivision and zoning crdieanM3
7 -0
Ci of little Rock ning Commission
2000.
I
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
BE IT REMEMBERED, that on this date came before me, a Notary Pabbc, duly commissioned and acting
for the State and County aforesaid _ S nurry and stated that as an officer of PBDC, Inc. was
authorized to and had executed the foregoing A7:ry
9Public
far the purposes; set forth therein
My Commission Expires
J=,,,3 9-0,6
OFFICIAL SEAL
BARBARA O. HINES
Notary Public - Arkansas
Pulaski County
gas/1>i/28r�� ii:21:51 Rai
iied & Recorded in
Uffiriai Records of
CA ULN SfAL,:Y
PULAA j Ct LINTY
BILL OF ASSURANCE"' spy :L'JN r CLERK
THAT WHEREAS, PEBBLE BEACH CO., INC., an Arkansas corporation (hereinafter called "Grantor"),
is the owner of the following property:
r
PART OF THE NW 1/4, SE 1/4 OF SECTION 30, T-2—N, R-13—W, LITTLE ROCK,
COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS:
`e0,11a0894aa0<<
PUtASKr �{ �ti���'•';.,/ �+
COMMENCING AT THE SE CORNER OF THE NW 1/4 SE 1 4 OF SECTION 30; THENCE * �
N 89'03'49" W ALONG THE SOUTH LINE OF SAID NW 1/4 SE 1/4 320.01' TO THE ; W „. C
POINT OF BEGINNING: THENCE~ CONTINUE N 89'03'49" W ALONG THE SOUTH LINE
OF SAID NW 1/4 S£ 1/4 1013.61 % THENCE N 01'25'52" E 735,62' TO THE SW CORNW"■
OF 20, PHASE fi, PEBBLE BEACH ESTATES: THENCE ALONG THE SOUTH LINE OF PHASE' -
II, PEBBLE BEACH ESTATES THE FOLLOWING COURSES: S 88'34'09" E 182.32' TO A
POINT ON THE EAST R/W LINE OF SAWGRASS DRIVE, SAID POINT BEING ON THE ARC
OF A CURVE TO THE RIGHT (HAVING A CENTRAL ANGLE OF 6357'21" AND A RADIUS
OF 125.0'). THENCE IN A NORTH WESTERLY DIRECTION ALONG THE ARC OF SAID CURVE
TO THE RIGHT TO THE POINT OF TANGENCY THEREOF (SAID CURVE SEGMENT HAVING
A CHORD BEARING AND DISTANCE OF N 08'2548" W 42.79); THENCE CONTINUE ALONG
THE EAST R/W LINE OF SAWGRASS DRIVE N 01'2634" E 8.10; THENCE S 68.16'34" E
125.0'; THENCE S 01'25'41" W 15.861; THENCE S 61'44'25' E 396.52'. THENCE
S 60'35'04" E 60.0% THENCE S 62'31'29" E 287.92'; THENCE S 3534'15" E 79.16';
THENCE S 01'21'51" W 12$.87'; THENCE N 8838'69" W 15.00'; THHNCE S 01 21'51" W
235.12' TO THE POINT OF BEGINNING, CONTAINING 14.655 ACRES, MORE OR LESS,
AND WHEREAS, it is deemed advisable that all of the property shown on the plat nerematter mentioned,
be subdivided into budding 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
III, Pebble Beach Estates, Little Rock, Arkansas". The plat bears the signatures and seals of Robert C. Lowe, 7 r.,
Registered Professional Land Surveyor, and Patrick M. McGetric k, Registered Professional Engineer, the
signatures of the Grantor, a Certificate of Approval by the Little Rock Planning Comnui on, and is filed for
record in the records of the Circuit County Clerk of Pulaski County, Arkansas as Plat * F Is l0
The Grantor hereby donates and dedicates to the public an easement of way out, 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-
Offrcio Recorder of Pulaski County shall be a valid and complete delivery and dedi ation of the streets and
easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as "Phase III, Pebble Beach Estates, Little Rock,
Arkansas" and any and every deed of conveyance of any lot in Phase III, 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
conforn ity with the following covenants:
1. Additions to Phase Ill 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 complementary 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 Committee as provided 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 Rpqnjrements. 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 requirements 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 part of the building.
6. 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 or exceed that
shown in the following schedule:
One Story
Lot Number Minimum Sq. Ft. Minimum
All Lots 2,000 2,200
Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level.
7. Frontaize 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.
S. 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. _ _Outbuildings Prohibited, No outbuildings or other detached structure appurtenant to the residence
may be erected on any of the Iots 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. bil 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. Cesspool. No leaching cesspool shall ever be constructed or used on any lot.
13. Existing Structure. No existing erected building or structurc of any sort may be moved onto or placed
on any of the above -described lots,
14. Tenjpg ry 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 Urainaae. Easements for the installation, maintenance, 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.
16. 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, proxzdcd. 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 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, 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, 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 present 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.
21. 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 (511/o) 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.
22. Attorney Fee. In any legal or equitable proceeding for the enforcement or to restrain the violation of
this instrument or nay provisions thereof, by reference or otherwise, the preva i I i rig 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.
23. 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 other minerals except coal, sand, clay and gravel to the Bill of Assurance and pursuant
to paragraph 14 thereof will not engage the use of the surface in any oil drilling, soil development operating, oil
refining, quarrying or mining operations.
24. Extension. All covenants for which extension 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.
25. Severability. Invalidation of any restriction set forth herein or any pat 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.
26. Zoning Ordinances and Building Codes. All Zoning Ordinances and Building Codes of the City of
Little Rock, Arkansas shall be applicable to all lots in this subdivision.
EXECUTED this day of 1A e, r J _ , 2000.
PEBBLE BEACH COMPANY
ATTEST:
By
Reviewed only for indusion of minimum standards
required by the City of Little Roc subdivision regulationt
Bill of Assuranco provisions csoMshad by N;
developer may ex=ed raiiiirnum regu!alioro cf tho
Lithe Rock subdivision and zoning ordinances.
A Ion
City of Little Rock P&ninn CordYnission
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
BE IT REMEMBERED, that on this date came before me, a Notary Public, duly commissioned and acting
for the State and County aforesaid and stated that as an
officer of Pebble Beach Company, Inc, was authorized to and had executed the foregoing Bill of Assurance for the
purposes set forth therein,
Notary Public
My Commission Expires
Marie M. tana rd
I NOtaryPc-Mc,- t,? of Arkansas
- Nvuj S]d County
City of Little Rock Engineering Divisi.
Depar,mem of 7,01 West 1.1.ar►.ham
Public Works Little Rock. Arkars2s 722J1.13D0 r
371-4811 FAX -=b�
r4+ #1
CIVIL ENGINEERING RESPONSE
The Civil Engineering Requirenents for Filing of Final Plats
have been satisfied. Approval for filing of this plat can
be issued PAWle Be c Os01,744- e17,03C
Signed By Q--JL .3$/6 e
{-ge4e aw G_ D-S ke lA
L/
1
.f", 6,fq-
CLR PUBLIC WORKS DEPT.
DATE
TO
AGENCY
FAX #
FROM
AGENCY
FAX r
PHONE T
TOTAL, PAGES
�a o
City of Little Rock,Ark. 0224
Filing M
es
Date: ,20 z3
Annexation $
Bd.of Adjustment $
Cond. Use Permit $
Final plat $ 457---, e a
Planned Unit I)e $
Preliminary Pla� $
r
Spe6-RA �U `' �rmi t $
�yy
Ren�gE
L f�'iL x��
Site � s $
Right of way
abandonment $
Street name change $1
Street name signs
Number at ea. $
Total $
File no. 7 _ ff
Location -e1� = G5
Appli nt C ^ L
By