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HomeMy WebLinkAboutS-1074-K ApplicationCIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: CHEVAUX COURT TRACT "A" BLOCK 1 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. 1/ Certain Improvements remain uncompleted as follows: ko Engineering Specialist; 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 other requirements for final plat approval have been satisfied. Civil Engineer I/II SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. � C �J Surveyor Z/Z MANAGERAPPROVAL All Civil Engi eering.fequirements for filing this final plat have been satisfied. z Z Design Review Engineer/Civil Engineering Manager October 2004 2005018465 03f04/2005 10:15:19 AM Filed & Recorded in Official Records of PAT O'ARIEN PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $50.00 This instrument prepared by: PAULA 1AMELL STOREYGARD Hilburn, Calhoon, Harper, Pruniski & Calhoun, Ltd. 8'h Floor One Riverfront Place P.O. Box 5551 North Little Rock, Arkansas 72119 Phone: 501-372-0110 BILL. OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Eugene M. Pfeifer, III and Linda G. Pfeifer, husband and wife, hereinafter referred to as the "Allottor", whether one or more, are the owners of the following described land in the County of Pulaski, State of Arkansas, to -wit: PART OF THE SE'/4 OF SECTION 14, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS, LYING SOUTH OF ARKANSAS STATE HWY. #10 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 42, BLOCK 1, CHEVAUX COURT, PHASE 4, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, SAID CORNER LYING ON THE EAST LINE OF LOT 2, CHENONCEAU COMMERCIAL SUBDIVISION, LITTLE ROCK, ARKANSAS; THENCE N00058' 15"E ALONG SAID EAST LINE OF LOT 2, 163.79 FT. TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE S89°42'29"E ALONG THE SOUTH LINE OF LOT 1, SAID CHENONCEAU COMMERCIAL SUBDIVISION, 54.80 FT. TO THE SOUTHEAST CORNER THEREOF; THENCE NO2°58'36"E ALONG THE EAST LINE OF SAID LOT 1, 305.37 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ARKANSAS STATE HWY. #10; THENCE S72046'1I"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 309.19 FT.; THENCE S60°19'39"E CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, 26.00 FT.; THENCE S00059' 17"W, 369.33 FT. TO THE -1- PfeiferFayreneBA.v3 Beach Declaration of Restrictive Covenants and Bill of Assurance NORTHEAST CORNER OF LOT 45, BLOCK 1, SAID CHEVAUX COURT, PHASE 4; THENCE N89°12'47"W ALONG THE NORTH LINE OF SAID BLOCK 1, 385.00 FT. TO THE POINT OF BEGINNING, CONTAINING 147,262 SQ. FT. OR 3.3807 ACRES MORE OR LESS. AND WHEREAS, it is desirable that all of the above described property be platted into Lot and streets. NOW THEREFORE, WITNESSETH: That the said Allottor, for and in consideration of the benefits to the Allottor and other good and valuable consideration, which benefits Allottor acknowledges to be of value, has caused said tract of land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by, Paul M. White, a Professional Land Surveyor, License Number 1281, and Timothy E. Daters, a Professional Engineer, License Number 5033, said Plat bearing the signature of the said Surveyor and Engineer and being of record in the ffice of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat H c UQS and the Allottor does hereby make this Bill of Assurance. IN FURTHERANCE THEREOF, Allottor warrants and represents that Allottor has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the lands herein described, in accordance with the aforesaid plat. The lands embraced in said plat shall be forever known as: Lot 1, Chevaux Office Park, an Addition to the City of Little Rock, Pulaski County, Arkansas and any and every deed of conveyance of said Lot describing the same by the lot number and addition shown on said Plat shall always be deemed a sufficient description thereof. The Allottor hereby dedicates to the public forever an easement of way on and over the street rights -of -way as shown by said Plat, to be used as public streets. -2- Pfei ferFayreneBA.0 Declaration of Restrictive Covenants and Bill of Assurance In addition to said street rights -of -way there are strips of ground shown and dimensioned.on said Plat marked "Utility Easement", "Drainage Easement" or "Drainage and Utility Easement" or some variation thereof, which Allottor hereby donates and reserves for the use of and by the Allottor, any municipal corporation or other governmental or public agency, including public utilities, utility departments and providers in the provision of utilities to the Addition and to any lands now owned or hereafter acquired by the Allottor and for drainage purposes, subject at all times to the proper authorities and to the easements and restrictive covenants herein reserved. The filing of this Declaration of Restrictive Covenants and Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of any street rights -of -way and the Drainage and Utility Easements shown on the said Plat. The Lot shown on the Plat shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon the Allottor and any subsequent Owner and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable property, to -wit: ARTICLE I LAND USE The Lot described herein and as shown on the Plat and any buildings, structures, improvements and facilities constructed, erected, placed, or permitted to remain on said Lot thereon shall be sold, conveyed, held, owned, developed and used in accordance with the provisions of City of Little Rock, Arkansas Ordinance 19,098, adopted May 18, 2004 and subject to the provisions set forth herein. ARTICLE II ARCHITECTURAL CONTROL (a) Purpose. The Allottor is desirous of providing and maintaining harmony of external design and location in relation to the surrounding structures and topography. -3- PfeiferFayreneBA.0 Declaration of Restrictive Covenants and Bill of Assurance (b) Requirements Before Construction. No building, structures or other improvements shall be erected, contracted, placed, altered, reerected or permitted to remain on or upon any Lot shown on the Plat except in accordance with the following: (1) The provisions of City of Little Rock, Arkansas Ordinance No. 19,098, as adopted on May 18, 2004 incorporated herein by this reference, approving the Chevaux Planned Office Development ("POD"), including but not limited to the following requirements: (i) the location and the 33,600 square foot maximum size of the office building, (ii) landscaped parking areas, (iii) location of the two (2) curb cuts for the east and west access drives on Cantrell Road, (iv) a building height not to exceed thirty- five feet (35'), (v) twenty-five foot (25') building set back lines on the east, west and south property lines, (vi) the forty foot (40') landscape buffer along Cantrell Road, (vii) the one hundred foot (100') building set back line along Cantrell Road, (viii) the construction of a 6'0" brick column/wood privacy fence just inside the east and south property lines to shield the Chevaux residential neighborhood, (ix) the project sign and dumpster location, (x) dedication of the right-of-way required by the City of Little Rock and /or the Arkansas State Highway Department, (xi) the construction of a 5'0" sidewalk along Cantrell Road, and (xii) strict adherence to the items described in the general notes and public works notes therein contained; and, (2) Prior to any construction, the Owner of the Lot shown on the Plat will submit to the Allottor, for Allottor's approval, the plans and specifications of any proposed construction or reconstruction of a building, structure or other improvement on the Lot shown on the Plat to be constructed in accordance with (1) above (collectively, the "Plans and Specifications"), including exterior elevations, site plan, landscape plans and privacy fence plan. The brick shall match that used on the brick entry wall of the Chevaux subdivision. (c) The Allottor shall have 30 days from and after receipt of the Plans and Specifications required by (b)(2) above and any other documentation required to be submitted by the Owner to the Allottor to approve or disapprove, in the Allottors discretion, the design and the Plans and Specifications for any such proposed construction. Any disapproval shall be in writing and shall specify in detail the basis for such disapproval and, as appropriate, modifications which, if made, will render the proposed construction acceptable. In the event that the Allottor neither approves nor disapproves any proposed construction within 30 days of receipt of the hereinbefore described documentation, the proposed construction shall be deemed to be acceptable and this provision of this instrument shall be deemed fully complied with and the construction may be commenced. Notwithstanding anything to the contrary herein contained, no -4- PfeiferFayreneBA.0 Declaration of Restrictive Covenants and Bill of Assurance construction of any type or variety shall be commenced prior to submission of the required documentation as hereinbefore set forth and approval thereof by the Allottor and any proposed construction shall be built and constructed only in substantial conformity with the Plans and, Specifications approved by the Allottor. ARTICLE III BUILDING SIZE AND HEIGHT No building shall be constricted, erected, placed, altered, reerected or permitted to remain on or upon any Lot shown on the Plat having an area in excess of 33,600 square feet and -the maximum height of any building constructed, erected, placed, altered,- reerected or permitted to remain on or upon any Lot shown on the Plat shall not exceed thirty-five (35, )-feet .ARTICLE IV BUILDING AND IMPROVEMEN Ts LOCATION No building; shall be located, constricted, erected, placed, altered, reerected, or permitted to remain on or upon any Lot shown on the Plat nearer to the lot_ lines than the minimum Uuilding setback lines shown or. the Plat. A forty (40') foot wide landscaped buffer strip shall be landscaped and maintained by the Owner on the Lot showr? on the Plat lving immediately adjacent to and parallel with Highway 10. The Owner shall construct, and thereafter maintain in good repair, a six (6') foot high fence just inside the east and south lot lines of the Lot shown on the Plat in accordance with the design; thereof as is approved by the Allottor. ARTICLE V LOT AREA AND WIDTH No Lot shown on the Plat shall be subdivided or resubdivided or replatted without the prior written consent of the Allottor, which consent will not be unreasonably withheld. Ir. the event the Allottor neither consents to nor disapproves of'said proposed action within 30 days of receipt of a written proposal describing the action desired to be taken, the proposed action shall be deemed to be acceptable and this provision of this instrument shall be deemed fully complied with and the proposed action may proceed. -5- PfeiferFayrene.BA.0 Declaration of Restrictive Covenants and Bill of Assurance ARTICLE VI EASEMENTS Easements on, over, under and across the streets and roads shown on the Plat filed herewith are hereby granted to the persons, firms or entities engaged in supplying utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, cable, water and sewer, for the purpose of installing, maintaining, repairing and replacing such utility services. Likewise easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have herein been reserved on, over, under and across the Lot as shown on the Plat, 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. As various utility facilities are underground, any alterations or lowering of the surface grade of the ground in any easement and the area immediately adjoining such easements is prohibited, if such alteration or lowering would result in there being less than 30 inches of clearance either vertically or horizontally between the surface grade and any underground utility facilities, including but not limited to, sewer, water, the underground electric cables and conductors supplying cable, digital, telephone and electric power service; and, as the electric distribution transformer stations and other service pedestals are located on surface grade, fills within the area of the said easements and upon the lands adjacent thereto which will damage or which will interfere with the installation, maintenance, operation and replacement of the cable, digital, electric and telephone cables, facilities and equipment, and the supplying of service from such equipment are also prohibited. No trees, incinerators, structures, buildings, pavement, or similar improvements shall be grown, built or maintained within the area of such utility easements, if the same shall interfere with use thereof. No excavations within the area of such easements for the erection of any fences or for any other purposes shall be made which would interfere with the installation, maintenance, repair and replacement of any utility service. In the event any such trees, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easement, no utility will 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. ARTICLE VII UTILITIES -6- Hei ferFayreneBA.0 Declaration of Restrictive Covenants and Bill of Assurance The Owner of any Lot platted hereby shall install and maintain, in conformity with applicable code requirements and the plans for proposed construction approved by the Allottor in effect from time to time, underground utility services, including, if available, electrical, water, cable and telephone service between the point of delivery of such utility service as located by the utility company and the point of use of such Owner. No individual water supply system or individual sewerage disposal system shall be permitted to be constructed or operated on the Lot shown on the Plat. No dish, towers, antennae or similar equipment shall be installed or permitted to remain on the Lot shown on the Plat that is visible from a street, road or residential dwelling without the prior written consent of the Allottor, which consent shall not be unreasonably withheld. In the event the Allottor neither consents to nor disapproves of a request by the Owner to install a dish, towers, antennae or similar equipment within 30 days of receipt by the Allottor of a written request from the Owner describing the installation desired, the installation shall be deemed to be acceptable and this provision of this instrument shall be deemed fully complied with and the installation may proceed. ARTICLE VIII NUISANCES No noxious or offensive activity shall be carried on upon the Lot shown on the Plat, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the owners of adjacent property. ARTICLE IX EXTERIOR MAINTENANCE All buildings, structures and other improvements constructed, erected and re - erected on the Lot shown on the Plat and all yards and landscaping thereon shall be maintained in a good state of repair, neat and attractive manner by the Owner thereof. The Owner's maintenance obligations shall include, but not be limited to, prompt removal of all litter, trash, refuse and waste, lawn mowing, tree and shrub pruning, watering, keeping exterior lighting and mechanical facilities in working order, keeping lawn and landscaped areas (including all areas between the lot lines and the curb lines of the streets and roads within the Addition) alive and free of weeds and attractive, keeping parking areas and driveways in good repair, complying with all applicable governmental rules and regulations, repainting, and repairing exterior damages. -7- PfeiferFayreneBA.0 Declaration of Restrictive Covenants and Bill of Assurance ARTICLE X 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 curve distances, and all curve data as shown on the attached plat are 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 pins as set shall control. ARTICLE XI RIGHT TO ENFORCE The restrictions, covenants and provisions herein set forth shall run with the Lot shown on the Plat and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning the Lot. Allottor shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of, the terms, provisions, covenants and restrictions above set forth, in addition to any ordinary legal action for damages. The failure of Allottor to enforce any of the restrictions hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter. ARTICLE XII MODIFICATION OF RESTRICTIONS So long as Allottor is the owner of the Lot shown the Plat, then any and all of the covenants, provisions and restrictions set forth herein may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged solely by the Allottor. If the Allottor no longer owns that Lot shown on the Plat, then the terms, conditions, covenants, provisions and restrictions set forth herein may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged by the Owner of the Lot, PROVIDED, HOWEVER, any such amendment, modification, extension, change or cancellation, made by such Owner, in order to be effective and enforceable, must be first approved and consented to in writing by Allottor, which consent will not be unreasonably withheld. In the event that the Allottor, neither consents to nor disapproves of any proposed amendment, modification, extension, change or cancellation hereof within 30 days of the -8- PfeiferFayreneBA.0 Declaration of Restrictive Covenants and Bill of Assurance Allottor's receipt of a writing describing any proposed amendment, modification, extension, change or cancellation hereof, the proposed amendment, modification, extension, change or cancellation hereof shall be deemed to be acceptable and this provision of this instrument shall be deemed fully complied with and the proposed amendment, modification, extension, change or cancellation hereof shall be effective. The provisions of any such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each term, condition, covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2030. ARTICLE XIII ASSIGNMENT AND BINDING EFFECT Allottor expressly reserves the right to assign the Allottor's rights and obligations hereunder to another person, natural or artificial; provided, however, such other person shall only succeed to the rights and obligations of the Allottor upon recordation of such an assignment executed by the Allottor which expressly and specifically assigns the Allottor's rights and obligations hereunder and the mere conveyance of the Lot shown on the Plat by deed or other instrument without more will not be deemed such an assignment to the purchaser thereof. Otherwise the personal representatives, heirs and successors of the Allottor shall automatically be bound by and shall fully succeed to the rights, duties and obligations of the Allottor. The Allottor will assign it rights, duties and obligations hereunder to the Chevaux Court Property Owners Association, Inc. (the "Association") after the Allottor or any entity owned or controlled by the Allottor no longer owns a lot in the residential neighborhood known as Chevaux Court Addition. ARTICLE XIV 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. ARTICLE XV SEPARABILITY -9- PfeiferFayreneBAA Declaration of Restrictive Covenants and Bill of Assurance Invalidation of any restriction set forth herein, or any part thereof by an 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. '00,7 / S-"" EXECUTED this 04 day of �, 2005. Eugene I. Pfeifer, Linda G. Pfeifer PfeiferFayreneBA.0 -10- Declaration of Restrictive Covenants and Bill of Assurance ACKNOWLEDGMENT STATE OF ARKANSAS) )SS. COUNTY OF PULASKI) On this o114'tday of r , 2005, before me a Notary Public, duly commissioned, qualified and actny, within and for the County and State aforesaid, appeared in person the within named Eugene M. Pfeifer, III and Linda G. Pfeifer, husband and wife to me personally well known, who stated that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. I�1 TESTIMO WHEREOF, I have hereunto set my hand and seal on this s� day of , 2005. F M. 0 My Commission Expires: �ARY Pug IZ: r:4? -11- PfeiferFayreneBA.0 �4- A;ta Notary Public City of Little Rock Planning and Development Filing Fees Date: , 2� Annexation $ Board of Adjustment $ Cond. Use Permit/T.U.P. $ Final Plat Planned Unit Dev. Preliminary Plat 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 Applicant {1� B -'� y