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HomeMy WebLinkAboutS-1519-A Application2007041466 05/25/2007 01:23:26 PM Filed $ Recorded in Official Records of PAT O'BRIEN PULA5KI COUNTY BILL OF ASSURAN039C00NTY CLERK Whereas, Jeffery P. Keen, Paige M. Keen, James B. Sokora and Dawne Sokora are the "owners" as stated hereafter of the following described property: PART OF THE SE 1/4, SW 1/4, SECTION 35, TOWNSHIP-2-NORTH, RANGE- I 3-WEST, PULASKI COUNTY, LITTLE ROCK, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NW CORNER OF SAID SE 1/4, SW 1/4, SAID CORNER BEING THE NW CORNER OF LEAWOOD COVE ADDITION; THENCE SOUTH 87 DEGREES51 MINUTES 01 SECONDS EAST FOR 669.90 TO THE NE CORNER OF CAMERON HEIGHTS ADDITION; THENCE SOUTH 01 DEGREES' 7 MINUTES 10 SECONDS WEST FOR 440.91 FEET ALONG THE EAST SIDE OF SAID CAMERON HEIGHTS ADDITION TO THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES37 MINUTES 10 SECONDS WEST FOR 13.57 FEET ALONG THE WEST LINE OF WINDFIELD SUBDIVISION; THENCE SOUTH 01 DEGREES40 MINUTES 20 SECONDS WEST FOR 436.43 FEET TO A FOUND IRON PIN; THENCE NORTH 88 DEGREES00 MINUTES 58 SECONDS WEST FOR 430.76 FEET TO A FOUND IRON PIN; THENCE NORTH 02 DEGREES23 MINUTES 02 SECONDS EAST FOR 450.38 FEET THE SOUTH LINE OF LEAWOOD COVE ADDITION AND A FOUND IRON PIN; THENCE SOUTH 88 DEGREES19 MINUTES 15 SECONDS EAST ALONG THE SOUTH LINE OF SAID LEAWOOD COVE ADDITION — 100.54 FEET TO A FOUND IRON PIPE THENCE SOUTH 88 DEGREES 19 MINUTES 23 SECONDS EAST ALONG THE SOUTH LINE OF SAID CAMERON HEIGHTS ADDITION FOR 125.41 FEET; THENCE SOUTH 87 DEGREES33 MINUTES 27 SECONDS EAST ALONG THE SOUTH LINE OF SAID CAMERON HEIGHTS ADDITION FOR 199.21 FEET TO THE POINT OF BEGINNING, CONTAINING 192,663.27 SQ. FT, 4.43 AC +/-. Shown on the plat, hereinafter mentioned, as Lots 1-12, Eagle Crest, an addition to Little Rock, Arkansas. Whereas, all owners of lots within Eagle Crest will be members of the Property Owners Association as provided for herein; and whereas, it is deemed advisable that all the property shown on the plat will be subdivided into building lots and streets and that said property be held owned and conveyed subject to the protective covenants, in order to enhance the value of Eagle Crest. The owners hereby donate and dedicate to the City of Little Rock the streets right of ways on, over and under the street on said plat to be used as a public street. In addition to the said street, there are certain easements for drainage access and/or utilities which SoKeen herby donates and dedicates to and for 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, forms or corporations engaged in the supplying of such utilities to use an occupy such easements, and to have free ingress and egress therefrom the installation , maintenance, repair and replacement ofti"�,,,,,,,,,,, ++r such utility services. CIRCIJIj ''f,, Additionally, the owners hereby grant to the public utilities the right to use these ax v�: 9r►`� utility and drainage easements provided such improvements are maintained by said='' public utilities. No improvements shall be placed on the area designated as Eagle Crest other than improvements for those dedicated purposes, unless first approved by the City of Little Rock, Eagle Crest Property Owners Association and the Architectural Committee established pursuant to the Covenants and Restrictions and By -Laws of Eagle Crest Property Owners Association. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Court and Ex-Offici'o Recorder of the Pulaski County shall be a valid and complete delivery and dedication of the street and easements subject to the limitations herein set out. The land embraced in the Plat shall forever be known as Lots 1-12, Eagle Crest, an addition to Little Rock, Arkansas and any and every deed of conveyance of any lot in the Eagle Crest Neighborhood describing the same by the number shown on said Plat shall always be sufficient description thereof. Said lands herein platted and any interest therein shall be held, owned and conveyed subject to an in conformity with the following covenants: 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 unless approved by the Architectural Control Committee (ACC) as provided for in the Covenants and Restrictions. House plans must be submitted, approved and signed off by the ACC. No identical house plan will be approved or constructed next door or within visual distance of another house with the same plan. 2. 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 family residence. Inground pools will be permitted with the approval of the ACC. Creation of Obligation for Assessments. By acceptance of a deed or other conveyance of property covered by the Bill of Assurance, each owner of a lot within the Eagle Crest neighborhood shall be deemed to covenant and agree to pay any assessments which may hereinafter be levied by the POA for the purpose of promoting the recreation, health, safety and welfare of the owners within the neighborhood, in particular for the acquisition, servicing, improvement and maintenance of common properties within the neighborhood. 4. Height and Type of Residence. No residence shall be erected, altered placed on any lot in the neighborhood other than one detached single family residence not to exceed two and one half stories in height. All residences will have a minimum first floor ceiling height of 9 feet. All roof pitched for all residences shall be a minimum of 8/12. All exteriors shall be 100% brick, rock or stucco to the facia. Siding is permitted above the facia. Setback Requirements. Building lines for the residential lots shall be at least 25 feet from each street property line except in the following circumstances: Lots on cul de sacs or curved portions of other streets may provide a front building line that is straight relative to the front property line. This line is to be established by placement of dimensioned points on the side of the property lines at least 32 feet from the street right of way line connecting these points with the dimensioned straight line on the plat. This line shall not be less than 25 feet from the street right-of-way line at any point. (Code 1961, 37-25(a); Ord. No. 16,861, 1(vv), (yy), 3-21-95) No building shall be located nearer to an interior lot sideline than 8 feet or 10% whichever is less. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. Corner lots are required to have a front set back of 25 feet and an additional 25 feet set back on the street side or rear of property. For the purpose of this covenant, 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 sit unless the finished heated living area, exclusive of porches, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings equals or exceeds 2200 square feet for a single story or 2500 square feet for a 2 story residence. 7. 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 the lot. This prohibition shall not apply to any business or structure that may be placed in 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 neighborhood. Outbuildings 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 ACC. Storage buildings and pool houses which shall match the single family residence architecture. No portable storage buildings will be permitted. 9. 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 by 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. 10. Temporary Structure. No trailer, basement, tent, shack, 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, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. 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 of various widths, references 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 in 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, erected, placed, or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot. Provided, however, that chain link or similar fences are in all events required to gain approval of the ACC. It is not the intention oft his paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard. Fences up to 6 feet in height will be allowed beyond the 25 feet rear yard setback. Wooden privacy or wrought iron fences will be permitted. 13. Sight Line Restrictions. No fences, wall, hedge or scrub planting which obstructs sight lines at elevations between two and six feet above the roadways, shall be permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 50 feet from the intersection of the street liens, or in the case of a rounded property corner, within triangle formed by the tangents to the curve at its beginning and end, and a line connecting them at points 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 8 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. 14. 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 chord 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 are disclosed by the established pins, the pins as set shall control. 15. Driveway Obstruction. 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 gutterline not more than 2 inches above the gutter grade. 16. Ground Frontage. No lot shall be subdivided. 17. Landscaping.. Landscaping shall be installed within 120 days of the completion of construction of the residence. A minimum of 5 hardwood trees with at least a 4 inch diameter required per lot. All lawns are to be well maintained. 18. Pets. Only dogs and cats will be allowed as outdoor pets. Any outdoor pet will be confined to the fenced areas. 19. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successor and assigns. All parties clagning by, through or under the present owner shall be taken to covenant with the owner of the lots hereby restricts, 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. Eagle Crest, 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 the addition to observe any of the restrictions herein. Any delay in bringing such action shall, in no event, be deemed to be a waiver or the right to do so thereafter. 20. Modifications of restrictions. Any and all of the convents, provisions or restrictions set forth in the Bill of Assurance may be amended, modified, extended, changes or canceled in whole or part, by a written instrument signed and acknowledged by the owner or owners of more than seventy-five percent in area of the total lane contained within the Eagle Crest neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2026 after which time each covenant in this instrument shall be automatically extended for successive periods of ten years unless an instrument terminating the covenants signed by the then owners of seventy-five percent of the lots in the Eagle Crest Neighborhood has been recorded prior to the commencement of any ten year period. Any Modifications to these restrictions shall be approved by the City of Little Rock Planning Commission. 21. Extensions. All covenants, for which extension is not otherwise provided in this instrument, shall automatically be extended for successive periods of ten years each unless modified, terminated or canceled as provided herein. ACKNOWLEDGEMENT STATE OF ARKANSAS ] ] COUNTY OF PULASKI 1 BE IT REMEMBERED that on this day came before me, a Notary Public, within and for the County Td State aforesaid duly qualified, commissioned, and acting, the within named; �JYI, �, , agent for owner, to me well known and stated and acknowledged that he had executed the same and delivered the foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 1 a day of 00:1;-a 52007, A�,�.Nt`!•%rL Notary Public: 'uw My Commission Expires: [ - 3c) OTAR - tj aw R ACKNOWLEDGEMENT PuB0GA?�: STATE OF ARKANSAS ] CO'. COUNTY OF PULASKI 1 BE IT REMEMBERED that on this day came before me, a Notary Public, within and for the County and State aforesaid duly qualified, commissioned, and acting, the within named vn� 6 , , agent for owner, to me well known ack and stated and n wledged that he had executed the same and delivered the foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 1 day of Cc� , 20n. No -ft Notary Public: y Commission Expires: - 3LnYARra,;•. W: ACKNOWLEDGEMENT STATE OF ARKANSAS ] COUNTY OF PULASKI �, t1Bj. �: T Wet '',`' �Co., BE IT REMEMBERED that on this day came before me, a Notary Public, within and for the County and State aforesaid duly qualified, commissioned, and acting, the within named Dlux,�. . , agent for owner, to me well known and stated and acknowledged that he had executed the same and delivered the foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this NSF day of CL0-K. , 200� Gyv..........y!F� Notary Public:Iy Commission Expires: [ -3 0 - e "= `�riCo., A 22. 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 as set forth herein, but they shall remain in full force and effect. 23. Additional Responsibility It shall be the responsibility of the owners of lots 6, 7 & 8 to maintain the individual pump stations for sewer service that have been installed for each of said lots individually. If for some reason the owners are unable to maintain said sewer pump stations, it is the responsibility of the Eagle Crest Property Owners Association to maintain the pump stations for lots 6, 7, and 8 until such time as the owners of the said lots are able to resume their responsibility. All buildings constructed on said lots shall be constructed no nearer to the street than the building line shown on the plat and all buildings shall be constructed in conformance with the Building Code and Zoning Ordinance of the City of Little Rock, Arkansas. Witness, my hand this IQ Jeffery P. Keen 134 Mountain Valley Drive Maumelle, AR 72113 I. J.Ohes B. Sokora 5 Nob View Circle Little Rock, AR 72205 day o� } , 20 0 �7 Paige lt`� Keen 134 Me ntain Valley Drive Maumelle, AR 72113 Dane Sokora i ob View Circle Little Rock, AR 7220�5,1eL�red cnly icy inc�asic ± of minimum s andard5 requirot: t ti Ci?l flt L�ttic Rac.ti sLbd;v'ssl,r rogu!atior� 13t;l ct Assu,NrisO Praiis.cn, mtobltsitad t .the de've; orCP f:14j oXC� rr' ;"i i : i:i i c llli:i�P Gi t ACKNOWLEDGEMENT UWe Rock su'adiv"an and �ontn� STATE OF ARKANSAS ] kG1 Little Rock Planning Commission COUNTY OF PULASKI j BE IT REMEMBERED that on this day came before me, a Notary Public, within and for the County and State afopesaid duly qualified, commissioned, and acting, the within named ] i . `� , agent for owner, to me well known and stated and ackAN&dge6that he had executed the same and delivered the foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this L,{ NN day of L% (- , 20 0—t . Q • � pTAR �.`'�r--fir Notary Public:-yugM;u My Commission Expires: —'JCS - T G• 0 r S+ Eow op pp�y �-j CC