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HomeMy WebLinkAboutS-1587-A Application87JM807 18A$.41 Filed A Recuded an Offf i i�al Records (if PAT PULASKI CGU t'f CIRCUITICOWTY CL K BILL OF ASSURANCE Fees $A7.89 ; --UW A? it MEN Sv i HESE PRESENT'S: WHEREAS, The Islamic Center for Human Iyv;;i!ence, an Ar::a^sas joint venture, hereinafter called °Allotter", is the owner of lands lying in the County of Pulaski, St@te of Arkansas, descnhed as follows: Legal Description Part of the SE 114, Section 14, Township 1 North, range 13 West, to the w's , of Litt/-- Rock, Pulaski County, Arkansas, more pardcuiariy described as follg�ps: Beginning at the Flo.,Ow"t corner of the SE1/4 of the SEIM, Section 14; thence Bast 400.43 feet; thence South 652.7 feet; thence West 400.43 feet; fih ens North 652. 7 feet to tie point of beginning. Less and Except the Went 25 feet thereof for the right-ofvm of Patter Street and Lazs and Except the North 25 feet thereat for the right of mr-ay for 4& Stree=L t1.s; Wyk•,,. W 1 ¢trod, it is deamed desirable that the above-describeed property be now subdivided into building lots and s reefs, as shown on the plat tailed herewith as more particularly designated hereinafter, and that said property be held, owned and conveyed su iect 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 acc.n).to The Islamic Center for Human Excellence, an Arkansas Joint `feature, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat filed herewith showing, sui-vpzs 3 � �ad-e by Johnny Tweedle, Surveyor, and executed by hiss, executed by it and bearing a ceriFncaee of approval executed by the Little flock Planning Commission, said plat showing the bounds and dimensions of the :Yopesty now being subdivided into lots and streets, described by lots and s tmets as shown thereon. All street signs shall be of metal construction. Sireek 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- 7, !c o Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and eassments subject to the limitations, Ise ein set out. The lands embraced aced in said plat shall be f ,evar known as New Africa Community, Phase I, being a plan development in the Souith -sest Quarter and Southeast Gina: ter, 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 desci-ibng the sarne by the number or numbers shown on said plat shall always be deemed a sufficient description thereof. Said lands herein plaited and any inieTest therein shall be held, owned and conveyed, subject to ana in co formty wits the following cnv Hants which, subject to being amended or cancelled as hereinef"t r provided, shall be and remain in full force and effect until 0710512032, to -wit: DEFINITION OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. 2 The word "lot" shall mean lot as p'_aAeci, but excluding the tracts designated as Reserved. A "comer lot" shall be deemed to be any lot as platted having more than crre street contiguous to it. Definition of plan dE v:-,op€raent guyerk's) and seller am aware that this development, including the sell of lots and etc. is for the purpose of creating a wholly owned residential AI-lslamic community conforming to the social guidelines given in the Quran and modeled in the line of Prophet- Muhammed ibn Abdullah and all parties agree to this purpose. RESTRICTIONS 1. Use of Land. None of the lots defined as "Phase V may be improved, used or occupied for other than private residence purposes, and no duplex, flat, apartment or condominium, although intended fbr residence purposes, may be erected or maintained t-here-n►n_ a l: tracts v—�+ la: the h a p f C -t. Pha 3 s® u� I is :d des�y: [e- Wll « p a: v: t`�r e�:n: =03 2:::39iee�y, �::�se _, a._ oa r y' �::au be used in accordance with regulations of the city of tattle Rock and Pulaski County, Arkansas. 2. Architectural Cornrnittee. No building shall be erPctc_-d, placed. or altered on any lot or tract designated as Reserved in this plan development until the building- -plans and specifications therefor, e)derior color scheme and materials thereof, and plot plan, which plot plans show the ? _1' and facing of such building, have been approved in writing by a majority of an architectural committee designated by Me Islamic Genter hoard composed of tit iritdiera Yr`iio, are �^ ic:,ec, ortheir duly authorized representa- tives, representative or successors. In the owGnt of the deafn or resignation of any rrciiber 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 till 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 comm;;z-_-o falls 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 Ihe 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 3 any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of Assurance. No afrag 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 playa development, which they would otherwise be entitled to maintain. The powers and duties of such comrn}t€ee or its designated representatives shall cease on or a; ter approval of Lots 1 22 (excluded Lot10) defined as residential Phase I. Thereafter, the approval described in this covenant shall be transferred, maintained, and executed by New Africa Horneovt.Fners Association. A written instrument shall be executed by the theca record owners of a majority of the lots in this plan development and duly recorded, appointing a representative or represen ati ves who shall thereafter exercise the same powers as previously exercised by said committee. 3. l ei hts and TyDe of Residence. No residence shall be e ected, altered, p'= and or permitted to remain on any last numbered 125 in New Africa community, residential Phase I, other than one detached singie" nmily 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. Mari develooment_of Lots. No lot shall be re-subd'r t ided into a smaller lot. 5. Set Back I eQuirarraents. No residence shall be on any lot nearer to the front lot line or nearer to the side stmet line than the minimum building set -back lives 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 S feet, whichever is less, excarot 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. 0. Area. No d%valling shall be cp-.astuve:ed or permitted to remain L eon arty lot in this plan development which has a finished h -, ied living area measure in a s,orizontal plane to the face of the outside wall at the top plate lime of such dwelling less than 1,450 square feet, except as provided hereinafter: _ (a) Two or More levels_ If a dvve!ling 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 M 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 ?+rail at the top plats 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) Qther areas. Any dwellings not meeting the required specifications in 6a roust be approved by the New Africa Homeowners Assn.farcMtectural committee. 7. Commercial Structures. No building or structure of any sort may ever be placed, erected or e_s for business; proiessinnai; 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 Nlev, A ica community, Phase i. 8. Otztbjil,-ijnp PmNbitad. No outbuilding or other deLached structure appurtenant to the residence may be erected on any of the, lots hereby residuted without the consent in wrung of the architectural committee, unless a detached garage. g. Livestock and Pouft Prohibited. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lest or part thereof, except that dogs, cmats or ot, per household peLQ may be inept provided they are not kept, bred or maintained for commercial purposes. 10. Noxious Activity. No noxious or. offensive trade or activity shalt be caroled upon any nor shall any trash, ashes or other refuse be ths avm, placed or dumped upon any vacant lot nor shall anything o done i may or e�urnmim an a n vanr,� s " be b,. �.,n., which ...a a v. nnoya or n�riganc� to the neigl�b®shoo L e.,® vehicle rr�aV stored or allowed to be parked on any lot unless said vehicle is in evident good operative condition. 11. 2illboa s Prohibitad. The construction or maintenance of billboards or advertising boards or sTri G'Wres or signs on any lots is specifically prohibitL d exveat that billboards, aety rising board, G1 strictures or signs used by the Mamie Center for Human Exceilence advertising the sale or recital 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 A,-tica 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 de7velopment operating, oil refining, quarrying or ruining operations of any kind shall be permitted upon or in any building srte, nor shall oil ► hells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in Wing for oil or natural gas shall be erected, maintained or permitted upon any building site. 13. Coss ❑oi. No leaching cesspool shall ever be constructed or used on any lot 14. Existing St uCtrare_. No existing, erected building or structure of arty sort may be moved onto or placed on any of the above -described lots without prior written approval uorn one of its predecessors, the architectural committee, or NAHA. 15. TemooM Structures. No trailer, basement, tent, shack, garage, burn or other oi.tauilding 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 snail be grown, built or mainWned 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 he installation, maintertance, repair or replacement of any utility service located vAthin 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 log, provided, however, that it is not the intention of this paragraph to exclude he use of evergreens or other shrubbery to landscape front !bards. All -Fences she -it be of wood L construction and their design shall be approved by New Africa homeowners Assn./architectural committee. Moreover, no automobile, tack, trailer, tent or temporary structure of any nature whatsoever, ,sp„hall every be parked, located or otherwise maintained on any lot, provided that it is not the intention of .its paragraph tv'e=lude iia6 tanri�..'ara F pparldrig o€ passenger a'.1tinia` bile.Ps. on Ln. y port oil of 611e garage driveway. 1B. S' ht Line�E#i n. No fence, wall, hedge or shrub planting whim 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 there at points fifty (50) feet from the intersection.of the street line, 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 lime connecting them at points fifty feet from their intersecn. The foliage line of any ifee located within such distances of such iriterrecr ons must be maintained at a helght of not levy than eight feet um the adjacent roadway tore - vent obstruction of such signs is^0:s. 19. Property Limes and Bgyndaries. iron pins have been set on all lot corners and points of survey and all lot dimensions shown on curves and chord distances, and ail curve data as shown on the attached plat piled herea.1trs is center line cu= data. In the event of minor discrepancies bebueen the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed b;+ the es blished pins; the pins as set shall control. 20. Rioht to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its succasstt+rs and assigns, and all parties claiming by, th- ough or under id shah be taken to hold, agree and covenant with the owner of the lots hereby restricted, and with its successors and assigns, and t.�,,U% each of them to corr:orm to and obs .— a said restrictions, as to the uss of said lots and the cone-,trucation of improvements thereon, but no restriction herein set forth shall be personally binding upon any com oration person or persons, except in respect to bresch= committed during r§s, his or their seisin of fitie to said land-, Nei! I dfrica Horr"!amyners Assn. isms cjucceasors and, assigns, and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obUn n an injunction, prohibitive or mandatory, to prevent the breads of or to enforce the observance of the restrictions above vet forth, m addition to ordinary legal action for damages and €ailure of Nev Aflcas Homeowners Awn., its 7 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_ Nevi Africa Homeowners Assn., may, by appropriate agreement made expressly for that purpose, assign or convey to any person or corprralion all of the tights, 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 - Eny time or times in the same way or runner as though directiy reserved by them or it in this instrument. 21. Modification o, Restriction. Any and all of the covenants, provisions or restrictions set forth in this Bill of AssuranCe may by amended, modified, extended, changed or cancelled in whole or in part, by a written insVurnent 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 app-roved by the Little bock Planning Commission and shall be binding from and after the date it is duly fiic-J for record in Pulaski County, Arkansas. These covenants, restria�ons and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as hersinabove and upon the expiration, shall automatically be continued thereafter for successive periods of tern years each, unless terminated or cancelled as herein "provided. 222, Common Use Areas. In tie plat ®f New Africa corrs€nunity, phase 1, the Islamic Center for Human Excellence has designated a certain wee 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 07/0512007 which said Home Association Declaration is hereby incorporated into and wade a part of this Bill of Assuranc 23. QaparabilLty. Invalidation of any restriction set forth herein or any part thereof by an order, judgment or decree of any ccourl:, or otherwise, shall not invalidate, or affect any of the other restrictions or any part thereof as set forth herein, but they shall remains in full force and a Fect. Eta CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: NEW AFRICA PHASE II LOT 6 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. Certain Improvements remain uncompleted and a punch list has been prepared and sent. !22Q - P"11t124C CGp?-ib)IAZ Engineering Specialist ADDRESSING SPECIALIST REPORT Date: I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. street signs should be ordered and billed to developer. Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been prepared and sent. Approved engineering drawings for streetlight system have been received and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. Traffic Engineer Date: CIVIL 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. As -built drainage plans in electronic form have been submitted. 1� All other requirements for final plat approval have been satisfied. V...'Civil Engineer I/II Date: SURVEYOR REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor MANAGER APPROVAL All ivZ Engineering requirements for filing this final plat have been satisfie . �'►--�-- Date: Design Review En eer/Civil Engineering Manager Date: Effective: October 28, 2019 Johnny Tweedle From: Townsend, Andrew W <andrew.townsend@centerpointenergy.com> Sent: Tuesday, November 05, 2019 12:58 PM To: Johnny Tweedle Cc: Thomson, Benjamin R Subject: RE: [External Email] New Africa Subdivision Johnny, Upon review, Centerpoint Energy has no issues or further comments in regards to the proposed re -plat of Lot 6. Thank you, Cen�arPla�t Andrew Townsend, PE Senior Engineer AR/OK Region From: Thomson, Benjamin R Sent: Tuesday, November 5, 2019 12:43 PM To: Johnny Tweedle <jtweedle@harborenv.com> Cc: Townsend, Andrew W <andrew.townsend@centerpointenergy.com> Subject: RE: [External Email] New Africa Subdivision Hey Johnny, I am the engineer supporting the Conway/Russellville area. For the Little Rock and Greater Little Rock requests, a good contact will be Andrew Townsend (copied). Andrew Townsend Andrew.townsend@centerpointenergy.com 501-377-4679 If you have any other requests, please let me know and I will see that you have the appropriate contact! Ben Thomson, El Cwterfthit Engineer I AR/OK Region 501.377.4738 w. 1501.519.5560 c. e CenterPointEnergy.com Johnny Tweedle From: Vincent Hotho <Steven.Hotho@lrwra.com> Sent: Monday, November 04, 2019 9:42 AM To: Johnny Tweedle Cc: Carney, Dana Subject: RE: Final Plat Lot 6 New Africa Subdivision Sewer is available to this lot. No objection from LRWRA. S. Vincent Hotho, P.E. Program Manager, Engineering Services 11 Clearwater Dr. Little Rock, AR 72204 Office: (501)688-1452 www.Irwra.com LITTLE ROCK Water Redamation A+{ ry/'�J ONE WATER. or' ONE FUTURE. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender. This message may contain confidential information, and is intended only for the individual named. From: Johnny Tweedle <jtweedle@harborenv.com> Sent: Monday, October 28, 2019 12:53 PM To: KEATHLEY, CHRIS <ck0826@att.com>; Jim Ferguson <Jim. Ferguson @ca rkw.com>; Vance, Brad <BVANCEI@entergy.com>; Vincent Hotho <Steven.Hotho @Irwra.com>; Fischer, Bradley J <brad ley.fischer@CenterpointEnergy.com> Subject: Final Plat Lot 6 New Africa Subdivision Gentlemen, the attached Final Plat for Lot 6 of New Africa Subdivision has been recommended for approval by the staff at the Little Rock Planning Commission pending approval by the utility companies. If you could each Indicate your approval on the face of the attached reduced copy of the plat and return to me, we can complete the approval process and move forward. Thank you for your time and I appreciate your prompt attention to this matter. Sincerely Johnny Tweedle, Principal Surveyor C 501.486.5581 —itweedle@harborenv.com Harbor Environmental 15afety I Engineering 58W Evergreen Dr. Little Rock, AR 72205 P 501.663.8800 I F 501.599.0223 www.harborenv.com Johnny Tweedle From: Vance, Brad <BVANCE1@entergy.com> Sent: Tuesday, October 29, 2019 7:21 AM To: Johnny Tweedle Subject: RE: Final Plat Lot 6 New Africa Subdivision Entergy approves this plat. Thanks, Brad Vance 954-5162 From: Johnny Tweedle <jtweedle@harborenv.com> Sent: Monday, October 28, 2019 12:53 PM To: KEATHLEY, CHRIS <ck0826@att.com>; Jim Ferguson <Jim.Ferguson @carkw.com>; Vance, Brad <BVANCEI@entergy.com>; Vincent Hotho <Steven.Hotho@Irwra.com>; Fischer, Bradley J <bradley.fischer@CenterpointEnergy.com> Subject: Final Plat Lot 6 New Africa Subdivision EXTERNAL SENDER. DO NOT click links, or open attachments, if sender is unknown, or the message seems suspicious in any way. DO NOT provide your user ID or password. Gentlemen, the attached Final Plat for Lot 6 of New Africa Subdivision has been recommended for approval by the staff at the Little Rock Planning Commission pending approval by the utility companies. If you could each Indicate your approval on the face of the attached reduced copy of the plat and return to me, we can complete the approval process and move forward. Thank you for your time and I appreciate your prompt attention to this matter. Sincerely Johnny Tweedle, Principal Surveyor C 501.486.5581— itweedle@harberenv.com Ha`rbonnvlronrnental (I Safety I Engineering 59M Evergreen Dr. Little Rock, AR 72205 P 501.553.E8C-0 1 F 501.589.0123 www.harborenv.com This message is intended for the exclusive use of the intended addressee. If you have received this message in error or are not the intended addressee or his or her authorized agent, please notify me immediately by e-mail, discard any paper copies and delete all electronic files of this message. I Y4'Ra'�>d " ` " iV]d 'IVNId �Q� � S o i ^ S'dAwm Jtl 14-03 p1m.1nd - MOON SIND t� rF is _ a 9101II3SVHd g a w F NOISIAI R1S V31MV AUN 01H oilngo jig SIN Mum a a O ._. L I! f y m I �11 c� 1 i it II I m 3 r q � a f :e bt 9 q a a s z I NOILdIN7SI0NOISIAM LMi BM j S >x yaeYQ=� dF�FC`� J IS s 3�3sO6� y 0 Il IaLjs OM101IRB .n ]!0Hll3 9%RVIH pl ID ' � 1N31135r3 ,Ol 11d31%3S113 .Ol T— .Mft.1j N 133HIS U3110d G -3 J _L TO se m J nis o: I O O `�• a 2 vi ..l 3 I YEE WITNESS our hands and seals this 4Q( day of Attest: r •r r �{ � ci Secretary Attest: Secretary Rlvium4 o* for inn of r€tWmum sftndards 3'sa3 *ed by #* City of 1:49a Rom[ au'na ry bn seTlator*. BFA of Assuram pti(im estaNW ed by the devabper may exmmd mum ragdafl m. of tho LI - lipv, lt)� ity of We fzdc Pimning Cwnmission d-4 ISLAMIC CENTER FOR HUMAN EXCELLENCE,INC By Imam NEW AFRICA HOMEOWNERS, ASSN. president 1 `.r���1. 1�. ]I:"� }�� i•iaiV rr1 iai�fN��.iyi,.J.11... - �.. .� 9� t"s'i �1 L�:��i-l-�'. �').•?.. :.3i e ' 62.50' 62.50' 62.50' 62.50' O O es-20, I es'20, es°20, a`' NEVI1 AFRICA PROJECT E T C ENGINEERS & ARCHITECTS, INC a 1510 SOUTH SROAOYAY Rock, Arknoaas 7M I I I I I au. A4— �al]1 M1786 � N I mm 8Z Wn Vry H n i V�r ry P� oN ic N p �IZS ~ p � 161 M44- --WN - � i iR�i■i�i an r� m V ti .11 ma �� Nr HO Py �D m r. a ti m G A Im`I I ii 1-tilK N V } I it NEW AFRICA PROJECT I, To � �ENN�GINEERS & ARCHITECTS, INC. 5001� 3%75k1 8d reas 72202