HomeMy WebLinkAboutS-1081-B ApplicationCity of Little Rock,Ark.
Filing F s ��
Date:J�,19
Annexation $
Bd.of Adjustment $
Cond. Use Permit $
Final plat $�� r
Planned Unit Dev. $
Preliminary Plat $
Special Use Permit
Rezoning'
Site Plans
.lAN 2 87997
Right of way
abandonment
Street name change $ BUILDINGCODE
Street name signs
Number at ea. $
Total $�;�
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By
City of Little Rock
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CIVIL ENGINEERING
Encineerina Divisior,
T:,e Civil Engineering Recrulre=-ents for Filing 0= Final Plats
i eve been sctisfieQ._ A-z:roval fCr filing of this plat can
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ORDINANCE NO. 17,348
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE
OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS, PROVIDING FOR A DEFERRAL OF
BOUNDARY STREET IMPROVEMENTS FOR KAUFMAN
ADDITION (S-1081-A) LOCATED AT THE SOUTHEAST
CORNER OF WEST 7"i STREET AND JONES STREET.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
ARKANSAS:
SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for deferral
of certain requirements within the Subdivision Ordinance and Master Street Plan for the City of Little
Rock for Kaufman Addition at the southeast corner of West 7" Street and Jones Street.
Subsection a. That Section 31-201, requiring developers to provide one-half of the
required commercial street improvements for Jones Street, be deferred for a period of
five (5) years or until development on lot 1 or lot 2, whichever occurs first. The
specific deferral is for commercial street pavement widening including a sidewalk.
SECTION 2. This ORDINANCE shall take effect thirty (30) days from and after its passage.
PASSED: December 17, 1996
ATTEST:
Robbie Hancock
City Clerk
APPROVED:
Jim Dailey
Mayor
BudKaufman Addition -deferral
9'7 023128
P%W MU(I u0R.1,Iilvdi W lu.
VIM/GLER
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
FILED ACID RECORDI
1991 APR 15 A 9:_- t
CAR0LYA�t
C?RCUIT CQ.UNT_Y CL&I
THAT, WHEREAS, MONARCH MILL & LUMBER COMPANY, an Arkansas
corporation (hereinafter called "Monarch"), is the owner of the
following property:
That part of the NW1/4, SW1/4,rSection 4, T-1-N, R-12-W,
Little Rock, Pulaski County, Arkansas lying between
Interstate 630 right-of-way, Union Pacific Railroad
right-of-way, West Seventh Street right-of-way and Jones
Street right-of-way, more particularly described as:
Beginning at the point of intersection of the east right-
of-way line of Jones Street and the south right-of-way
line of West Seventh Street; thence S87037'5211E along
said south right-of-way line, 218.64 ft.; thence
S02022"08W and continuing along said south right-of-way
line, 5.00 ft.; thence easterly and continuing along said
south right-of-way line, being the arc of a 1879.86 ft.
radius curve to the right, a chord bearing and distance
of S82022'28"E, 344.46 ft.; thence S03044149"W and
continuing along said south right-of-way line, 25.33 ft.;
thence easterly and continuing along said south right-of-
way line, being the arc of a 1854.86 ft. radius curve to
the right, a chord bearing and distance of S76057'07"E,
40.53 ft. to a point on the west right-of-way line of
Union Pacific Railroad; thence southwesterly along said
west right-of-way line, being the arc of a 1959.86 ft.
radius curve to the left, a chord bearing and distance of
S32041116"W, 579.10 ft. to a point on the north right-of-
way line of Interstate 630; thence N69050147W along said
north right-of-way line, 78..92" ft.; thence N83052'39"W
and continuing along said north right-of-way line, 102.26
ft.; thence N7103615511W and continuing along said north
right-of-way line, 138.67 ft. to a point on the east
right-of-way line of Jones Street; thence N02035'28"E
along said east right-of-way line, 500.23 ft. to the
point of beginning containing 5.5797 Acres more or less.
WHEREAS, it is deemed advisable that
plat hereinafter mentioned (Plat of Lot
Addition) be subdivided and platted into
associated rights -of -way as shown on the
that said property be held, owned and
protective covenants herein contained,
value of the commercial district of the
City of Little Rock,*Arkansas; and,
sesmro
the property s. 6 `
s 1 and 2 0 f„�d A
the builoi dx� chi `ram
plat filedmhw q�i3� -an �+
conveyed-
in order f4n�xa'�
Kaufman A:ddi10
'Emp ao
a
WHEREAS, Monarch agrees to donate and dedicate to the public
an easement of way on, over and under the streets on said plat to
be used for public purposes,
NOW THEREFORE, Monarch, for and in consideration of the
benefits to accrue to it, its successors and assigns, which
benefits it acknowledges to be of value, has caused to be made a
plat, showing a survey made by Jo,e D._. White, Registered Land
Surveyor, White-Daters & Associates, Inc., dated 2/5/97 , and
bearing a Certificate of Approval executed by the Planning
Commission of the City of Little Rock, and showing the boundaries
and dimensions of the property now being subdivided and platted
(the "Plat").
Monarch 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 Monarch 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 recording in
the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski
County, Arkansas, shall be a valid and complete delivery and
dedication of the streets and easements subject to the limitations
herein set out.
The lands embraced in the Plat shall be forever known as "Lots
1 and 2 of the Kaufman Addition to the City of Little Rock,
Arkansas" and any and every deed of conveyance of the lands herein
described 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. Improvements. Improvements made to lands described
herein and any alteration or repainting to the exterior of a
structure shall be made in accordance with the zoning ordinances
and regulations of the City of Little Rock and County of Pulaski,
Arkansas.
2. Use of Land. The land herein platted shall be held,
owned and used only for industrial, commercial and business
purposes, in accordance with the zoning ordinances and regulations
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of the City of Little Rock and County of Pulaski, Arkansas.
3. Obligation for Assessments. By acceptance of a deed or
other conveyance of property covered by this Bill of Assurance,
each current and future owner of any or a,portion thereof shall be
deemed to covenant and agree to pay any assessments, charges and/or
special assessments which may hereinafter be levied by any
municipal authority for the purpose of promoting the health, safety
and welfare of the owners within said subdivision, and in
particular for the acquisition, servicing, improvement and
maintenance of common properties within the said subdivision and
facilities which may be hereafter dedicated for use by Monarch or
it successors, which amounts, together with interest, costs of
collection and a reasonable attorney's fee, shall be a continuing
lien upon the lot.
4. Tvpe of Structures. The building structures to be
constructed on said property shall be of the size and architectural
style as approved by the zoning authorities of the City of Little
Rock and Pulaski County, Arkansas.
5. Delegation of Authority. Monarch reserves the right, but
not the obligation, to cause the formation and incorporation of a
nonprofit corporation to operate as a subdivision property owners
association and shall have the right, but not the obligation to
delegate, convey and transfer to such corporation all authority,
rights, privileges and duties reserved by Monarch in this Bill of
Assurance.
6. Setback Requirements. No structures 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 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 any lot boundary line other than as shown on the
plat of this property.
7. Noxious Activity. No noxious or offensive trade or
activity shall e 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 clumped upon any vacant lot,
street, road or common areas, nor on any lot 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.
8. Oil and Mineral Operations. No oil drilling, oil
development operating, oil re fining, quarrying or mining operations
of any kind shall be permitted upon or in any building lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be
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permitted upon or in any building lot. No derrick or other
structure, designed for use in boring for oil or natural gas, shall
be erected, maintained or permitted upon any building lot.
9. Cesspool. No leaching cesspool shall ever be constructed
or used on any rot.
10. Temporary Structure. No trailer, basement, tent,
shack, garage, barn or other outbuilding erected on a lot covered
by this Bill of Assurance shall at any time be used for human
habitation, temporarily, or permanently, nor shall any structure of
a temporary character be used for human habitation except for
temporary buildings used only during construction periods.
11. Easements for Public 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
utility or drainage easement. In the event any 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
for the installation, maintenance, repair or replacement of any
utility service located within the area of such easement.
12. Fences. No fences, enclosure or part of any building of
any type or nature whatsoever shall ever be constructed, erecter';
placed or maintained closer to the front lot line than the building
setback line applicable and in effect as to each lot. Fencing of
any type shall be constructed in accordance with the zoning
ordinances and regulations of the City of Little Rock and County of
Pulaski, Arkansas. This provision shall'not exclude the use of
evergreens or other shrubbery for purposes of landscaping.
13. Sight Line Restrictions. No fence,. wall, hedge or shrub
planting which obstructs sight =1nes 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
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intersection of the street property line with the edge of a
driveway or alley pavement.
14. Pro ert Lines and Boundaries. Iron pins have been
set on all 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.
15. Driveway Obstructions. No obstruction shall be placed
in the street gutter. Curbs s all be saw cut at driveways with a
diamond blade, and driveway grades lower to meet the gutterline not
more than two inches above the gutter grade.
16. 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. Monarch, 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 bring such action shall, in no
event, be deemed to be a waiver of the right to do so thereafter.
17. Modification of Restrictions. For a period of Thirty (30)
years from the date hereof, no covenants, provisions of
restrictions set forth in this Bill of Assurance may be amended,
modified, extended, changed or canceled, in whole or in part,
except by a written instrument signed and acknowledged by Monarch
and the owner or owners of more than seventy-five percent (750) in
area of the total land contained within the property described in
the covenants and restrictions. Each covenant in this instrument,
unless expressly provided otherwise, shall remain in full force and
effect until January 1, 2027, after which time each covenant in
this instrument shall automatically be extended for successive
periods of ten (10) years, unless an instrument terminating the
covenants signed by the ten owners of seventy-five percent (750) of
the lots in the property described in the covenants and
restrictions has been recorded prior ,to.,,the commencement of any
ten-year period.
18. Attorney Fee. In any legal or equitable proceeding for
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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.
19. Oil, Gas and Other Minerals. Monarch, for and in
consideration of Ten an( no/IUO Dollars ($10.00), executes this
Bill of Assurance upon the belief that it may own a portion of the
oil, gas and minerals except the coals Band, 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 8 herein,
will not engage the use of the surface in any oil drilling, oil
development operating, oil refining, quarrying or mining
operations.
20. Extension. All covenants for which extension is not
otherwise proviUe-T in this instrument, shall automatically be
extended for successive periods of ten (10) years each unless
modified, terminated or canceled as provided herein.
21. Severability. Invalidation of any restriction set forth
`.l:=rein or any part hereof by any order, judgment or decree of any
court, or otherwise, shall not invalidate or effect any of the
other restrictions or any part thereof as set forth herein, but
they shall remain in full force and effect.
EXECUTED this 28th day of January , 1997.
ATTEST:
SECRETARY
MONARCH MILL & LUMBER COMPANY
DARLENE CARVIN
FORMERLY DARLENE BELL
PRESIDENT
Re►-isv.^c cral for inc'.L,..cn ri „,:� ;,Jn ^. nd:irds
required by t.10 Cik + d L4 13 R=!', vl °l'I"l
0iIi cf R:=: umncl) poviaicC
dawlopar ri: y.S_ find rr:'.ri -, io, f
Li"le F►cck tut",'vision and or6inancaz.
City f Little Rock Planning Commission
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ACKNOWLEDGEMENT
STATE OF ARKANSAS }
}SS
COUNTY OF PULASKI }
On this date appeared before me, a Notary Public, the above
named individuals and stated that they had executed the same for
the consideration, uses, and purposes- therein mentioned and set
forth, acknowledging to me that they were designated as President
and Secretary of Monarch Mill & Lumber Company, and were duly
authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said Monarch Mill &
Lumber Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal
this 8 day of , 1997.
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NOT Y PUBLIqj
MY COMMISSION EXPIRES:
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