HomeMy WebLinkAboutS-1587 ApplicationCIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME NEW AFRICA SUBDIVISION LOTS 1 TNRiJ
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
L- All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain 1 provements rem .0 uq�ompieted and a punch list has been prepared and sent.
Engineering Specialist Date: _/] -�l3
ADDRESSING SPECIALIST'S REPORT
I e r t I that the street names and street configuration are acceptable.
� Addressing Specialist Date: /
c3
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TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for
billing to developer:
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Traffic Engineer
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
Date: �p / I-3 /0!
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.
' �cp )13)0-7 �-..� �` �--►----�! Civil Engineer I/II Date:
SURVEYOR'S REPORT
I have reviewed the plat and find that:
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All require s or in I have been satisfied.
Surveyor Date:. —Z--zY/ 0 6'
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
��.. Date: I13`o7
Design Review Engineer/Civil Engineering Manager
July 2005
2007056199
97/2612007 10:41:41 AM
Filed & Recorded in
Official Records of
PAT O'BRIEN
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
BILL OF ASSURANCE Fees $47.Oa
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KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, The Islamic Center for Human Excellence, an Arkansas joint venture, hereinafter
called "Allotter", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as
follows:
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Legal Description
Part of the SE 1/4, Section 14, Township 1 North, range 13 West, to the city of Little
Rock, Pulaski County, Arkansas, more particularly described as follows: Beginning at the
Northwest comer of the SE1/4 of the SE1/4, Section 14; thence East 400.43 feet; thence
South 652.7 feet; thence West 400.43 feet; thence North 652.7 feet to the point of
beginning. Less and Except the West 25 feet thereof for the right-of-way of Potter Street
and Less and Except the North 25 feet thereof for the right-of-way for 40th Street.
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And, it is deemed desirable that the above -described property be now subdivided into building
lots and streets, as shown on the plat filed herewith as more particularly designated hereinafter,
and that said property be held, owned and conveyed subject to the protective covenants herein
contained, in order to enhance the value of said property.
NOW, THEREFORE, for and in consideration of the benefits to accrue to The Islamic Center for
Human Excellence, an Arkansas Joint Venture, its successors and assigns, which benefits it
acknowledges to be of value, has caused to be made a plat filed herewith showing, surveys made by
Johnny Tweedle, Registered Surveyor, and executed by him, executed by it and bearing a certificate of
approval executed by the Little Rock Planning Commission, said plat showing the bounds and
dimensions of the property now being subdivided into lots and streets, described by lots and streets as
shown thereon.
All street signs shall be of metal construction. Street signs and unpaved islands shall be
maintained by Islamic Center for Human Excellence or the New Africa Homeowners Association, in
perpetuity.
The filing of this 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 the streets
and easements subject to the limitations, herein set out.
The lands embraced in said plat shall be forever known as New Africa Community, Phase 1,
being a plan development in the Southwest Quarter and Southeast Quarter, Section 6, Township 1 South,
Range 13, West, Pulaski County, Arkansas, and any and every deed of conveyance of any lot in said
plan development describing the same by the number or numbers 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 which, subject to being amended or cancelled as
hereinafter provided, shall be and remain in full force and effect until 07/05/2032, to -wit:
DEFINITION OF TERMS USED
For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive,
circle or boulevard.
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The word "lot' shall mean lot as platted, but excluding the tracts designated as Reserved. A
"corner lot" shall be deemed to be any lot as platted having more than one street contiguous to it.
Definition of plan development Buyer(s) and sellers are aware that this development, including
the sell of lots and etc. is for the purpose of creating a wholly owned residential AI -Islamic community
conforming to the social guidelines given in the Quran and modeled in the life of Prophet Muhammed Ibn
Abdullah and all parties agree to this purpose. -
RESTRICTIONS
1. Use of Land. None of the lots defined as "Phase 1" may be improved, used or occupied for
other than private residence purposes, and no duplex, flat, apartment or condominium, although intended
for residence purposes, may be erected or maintained thereon.
The tracts of land designated on the plat of New Africa Community, Phase I, as Reserved shall
be used in accordance with regulations of the city of Little Rock and Pulaski County, Arkansas.
2. Architectural Committee. No building shall be erected, placed or altered on any lot or tract
designated as Reserved in this plan development until the building plans and specifications therefor,
exterior color scheme and materials thereof, and plot plan, which plot plans show the location and facing
of such building, have been approved in writing by a majority of an architectural committee designated by
the Islamic Center Board composed of lot owners who are designed, or their duly authorized representa-
tives, representative or successors. In the event of the death or resignation of any member or members
of the above -named committee, the remaining member or members shall have full authority to approve or
disapprove such plans, specifications, color scheme materials and plot plan, or to designate a repre-
sentative or representatives with like authority to fill any vacancy or vacancies created by the death or
resignation of any of the aforesaid members, and said newly appointed members or member, shall have
the same authority hereunder as their predecessors as above set forth. In the event the architectural
committee fails to approve or disapprove any such plans, specifications, color scheme, materials and plot
plans submitted to it as herein required within thirty (30) days after such submission or in the event no suit
to enjoin the erection of such building or the making of such alterations has been commenced prior to the
completion thereof, such approval shall not be required and this covenant shall be deemed to have been
fully complied with. The architectural committee shall not be liable for any approval given hereunder and
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any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of
Assurance. Nothing herein contained shall in any way be deemed to prevent any of the owners of
property in this plan development from maintaining any legal action relating to the improvements within
this plan development, which they would otherwise be entitled to maintain. The powers and duties of
such committee or its designated representatives shall cease on or after approval of Lots 1-22 (excluded
Lot16) defined as residential Phase I. Thereafter, the approval described in this covenant shall be
transferred, maintained, and executed by New Africa Homeowners Association. A written instrument
shall be executed by the then record owners of a majority of the lots in this plan development and duly
recorded, appointing a representative or representatives who shall thereafter exercise the same powers
as previously exercised by said committee.
3. Heights and Type of Residence. No residence shall be erected, altered, placed or permitted to
remain on any lot numbered 1-25 in New Africa community, residential Phase I, other than one detached
single-family residence and two stories in height or a split-level residence and a private garage or carport
for not less than one (1) and no more than two (2) cars.
4. flan development of Lots. No lot shall be re -subdivided into a smaller lot.
5. Set -Back Requirements. No residence shall be located on any lot nearer to the front lot line or
nearer to the side street line than the minimum building set -back lines shown on the recorded plat. No
building shall be located nearer to an interior lot line than a distance of 10% of the average width of the lot
or 8 feet, whichever is less, except that a permitted accessory building located 35 feet or more from the
minimum building set -back line may be placed not nearer than 5 feet from the side or rear lot line. No
principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of
this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building.
6. Area. No dwelling shall be constructed or permitted to remain upon any lot in this plan
development which has a finished heated living area measured in a horizontal plane to the face of the
outside wall at the top plate line of such dwelling less than 1,450 square feet, except as provided
hereinafter:
(a) Two or More Levels. If a dwelling has finished heated living area on a different level, and
the finished floor levels of such areas are separated by more than eight feet measured
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vertically, then such dwelling shall have at least 1,100 square feet of finished heated
living area measured in a horizontal plane to the face of the outside wall at the top plate
line of such dwelling, and shall have at least a total of 1,700 square feet of finished
heated living area: however, the top plate line amount of floor space may be reduced
from 1,100 square feet of finished heated floor space to 900 square feet of finished
heated floor, if the double garage area of not less than 450 square feet is also on the top
plate line level, and the total heated finished area in the dwelling is not less than 1,800
square feet of floor space.
(b) Other areas. Any dwellings not meeting the required specifications in 6a must be approved
by the New Africa Homeowners Assn./architectural committee.
7. Commercial Structures. No building or structure of any sort 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 structures 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 service to New
Africa community, Phase I.
8. Outbuildings Prohibited. No outbuilding 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 committee, unless a detached garage.
9. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot or part thereof, except that dogs, cats or other household pets may be kept
provided they are not kept, bred or maintained for commercial purposes.
10. Noxious Activity. No noxious or offensive trade or activity shall be carried upon any nor
shall any trash, ashes or other refuse be thrown, placed or dumped upon any vacant lot nor shall anything
be done which may be or become an annoyance or nuisance to the neighborhood. No vehicle may be
stored or allowed to be parked on any lot unless said vehicle is in evident good operative condition.
11. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or
structures or signs on any lots is specifically prohibited except that billboards, advertising board,
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structures or signs used by the Islamic Center for Human Excellence advertising the sale or rental or such
property during the construction and sales period are permitted provided they do not exceed 5 square
feet in size or signs approved by the Architectural committee/New Africa Homeowners Association
displaying the name of a residential complex, commercial establishments, parking instructions or
regulations relating to the use of recreation facilities.
12. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining, quarrying or
mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks,
tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other
structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon
any building site.
13. Cesspool. No leaching cesspool shall ever be constructed or used on any lot.
14. Existing Structure. No existing, erected building or structure of any sort may be moved onto
or placed on any of the above -described lots without prior written approval from one of its predecessors,
the architectural committee, or NAHA.
15. Temporary Structures. No trailer, basement, tent, shack, garage, bam or other outbuilding
erected on a building site shall be used for human habitation.
16. Easements for Public Utilities. 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. In the event any trees, shrubbery, incinerators,
structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within
the area of such easements, 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.
17. 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 it is not the intention of this paragraph
to exclude the use of evergreens or other shrubbery to landscape front yards. All fences shall be of wood
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construction and their design shall be approved by New Africa Homeowners Assn./architectural
committee. Moreover, no automobile, truck, trailer, tent or temporary structure of any nature whatsoever,
shall every be parked, located or otherwise maintained on any lot, provided that it is not the intention of
this paragraph to exclude the temporary parking of passenger automobiles on any portion of the garage
driveway.
18. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at
elevations of more than thirty inches above roadways shall be placed or permitted to remain on any
corner lot within the triangular area formed by the street property line and a line connecting them at points
fifty (50) feet from the intersection of the street line, or in the case of a rounded property comer, within the
triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points
fifty feet from their intersection. The foliage line of any tree located within such distances of such
intersections must be maintained at a height of not less than eight feet from the adjacent roadway to pre-
vent obstruction of such sight lines.
19. Property Lines and Boundaries. Iron pins have been set on all lot comers and points of
survey and all lot dimensions shown on curves and chord distances, and all curve data as shown on the
attached plat filed herewith is center line 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.
20. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the
present owner, its successors and assigns, and all parties claiming by, through or under it shall be taken
to hold, agree and covenant with the owner of the lots hereby restricted, and with its successors and
assigns, and with each of them to conform to and observe said restrictions, as to the use of said lots and
the construction of improvements thereon, but no restriction herein set forth shall be personally binding
upon any corporation person or persons, except in respect to breaches committed during its, his or their
seisin of title to said land, New Africa Homeowners Assn. 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 of New Africa Homeowners Assn., its
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successors or assigns, or any owner or owners of any lot or lots in this plan development to enforce any
of the restrictions herein set forth at the time of its violation shall, in no event to be deemed to be a waiver
of the right to do so thereafter. New Africa Homeowners Assn., may, by appropriate agreement made
expressly for that purpose, assign or convey to any person or corporation all of the rights, reservations
and privileges herein reserved by it, and upon such assignment or conveyance being made, its assigns or
grantees may at their option exercise, transfer or assign these rights or anyone or more of them at any
time or times in the same way or manner as though directly reserved by them or it in this instrument.
21. Modification of Restriction. Any and all of the covenants, provisions or restrictions set
forth in this Bill of Assurance may be amended, modified, extended, changed or cancelled in whole or in
part, by a written instrument signed and acknowledged by the owner or owners of more than 80% in area
of the land in this plan development, and the provisions of such instrument so executed shall be approved
by the Little Rock Planning Commission and shall be binding from and after the date it is duly filed for
record in Pulaski County, Arkansas. These covenants, restrictions and provisions of this instrument shall
be deemed covenants running with the land and shall remain in full force and effect as hereinabove and
upon the expiration, shall automatically be continued thereafter for successive periods of ten years each,
unless terminated or cancelled as herein provided.
22. Common Use Areas. In the plat of New Africa community, phase I, the Islamic Center for
Human Excellence has designated a certain area of land as Common Private Areas and Sewer
Easement intended as a recreation area and for related activities for the property owners in said addition
and as set forth in the New Africa Homeowners Association Declaration, dated 07/05/2007 which said
Home Association Declaration is hereby incorporated into and made a part of this Bill of Assurance.
2.3. Separability. 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.
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WITNESS our hands and seals this Gr 6 day of �OC9
ISLAMIC CENTER FOR HUMAN EXCELLENCE,INC
By
Imam
Attest:
Secretary
NEW AFRICA HOMEOWNERS, ASSN.
By
President
Attest:
Secretary 111
Reviewed only for inclusion of minimum standards
required by the City of Little Rock subdivision regulations.
Big of Assurance provisions establish ad by the
developer may exceed minimum regulations of thQ
'ttle Rode subdivision and zoning ordinances.
--� '11261'.
ty of Little Rock Planning Commission
Doc# 2007058199
ACKNOWLEDGEMENT
State of Arkansas
County of Pulaski
On this the A Cv day ofw� b , 2007, before me, a Notary
Public, personally appeared &Lx h eed known to me
(or satisfactorily proven) to be the person whose name is subscribed to the within
instrument and acknowledged that they executed the same for the purposes therein
contained.
In witness whereof I hereunto set my hand and official seal.
Notary Public
My commission expires:
b- I -I -2oIS
IUCIE GOLDEN
NOTARY PUBLIC=STATE OF �
PULASKI COUNTY
My Comwesion Expires lol i5
City of Little Rock
Planning and Development
Filing Fees
Date:_',,, 1 1 ' e 20 )'-I
Annexation
$
Board of Adjustment
$
Cond. Use Permit/T.U.a
Final Plat
_
Planned Unit Dev.
$
Preliminary Plat
Special Use Ptrmit
Rezoning
$
Site Plans
$
Street Name Change
$
Street Name S g-; =>
Number ai ea. '
Public bearing Signs
Number at eA9 82007
..cm Total--- -
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File No.
Location
Appli t.
By - ��