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
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Rlvium4 o* for inn of r€tWmum sftndards
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ISLAMIC CENTER FOR HUMAN EXCELLENCE,INC
By
Imam
NEW AFRICA HOMEOWNERS, ASSN.
president
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