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HomeMy WebLinkAboutS-1638 Application2Q10D'ITSS a3l30120IQ Q312010 3' �2 12 PM Filed &M N� Recorded. ords of PAT c),SRIE Recorded in Official Rea PULASKI cOUNTY CIRCUI TICOUNTY CLERK Fees $25.00 CORRECTED BILL OF ASSURANCE REPLAT OF LOTS 1, 2 & 3 MADISON PARK ADDITION KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS,James Built Homes inc. and Arkansas Real Estate Investment partners, LLC, hereinafter called "Grantors", are the owner of the following described property: LOTS 1, 2 & 3 MADISON PARK ADDITION, LITTLE ROCK, ARKANSAS AND WHEREAS, it is deemed advisable to replat the above -described property. NOW, THEREFORE, the Grantors have caused the land to be surveyed by McGetrick & McGetrick., Engineers and Surveyors, and a plat made thereof, identified by the title "Lots 1R,2R & 3R being a replat of Lots 1, 2 & 3 Madison Park Addition, Little Rock, Arkansas ". The plat bears the signatures and seals of Patrick M. McGetrick, Registered Professional Engineer, James A. Rasburry, Registered Professional Land Surveyor, the signature -of the Grantors, bears a Certificate of Approval executed by the Little Rock Planning Commission, and is filed for record as Plat # U l the Records of the Circuit County Clerk of Pulaski County, Arkansas. The filing of the plat for record shall constitute a complete and valid delivery of any and all easements and/or rights -of -way shown on the Plat. The lands embraced in the plat shall be forever known as Lots 1R,2R and 3R, being a replat of Lot 1, 2 & 3 Madison Park Addition, Little Rock, Arkansas, and every deed of conveyance shall bear the lot designations as indicated on the plat. The lots in the subdivision shall be used only for single-family residential purposes. All Building Codes and Zoning Ordinances of the City of Little Rock shall be applicable. WITNESS the signature of the Grantors this 29 day of March, 2010 . GRANTORS APPROVED: LITTLE ROCK PLANNING COMMISSION Reviswed only for inclusion of minimum standards required by the City of L U'a Rcck subdivision regulat'0r:3. Bill of Assurance provisinrs established by the developer may excaed minimum regulations of tho Little Rock subdivision arrkd zoning ordinances- 5 Aml Git c Rock Planning Commission ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF SALINE) BE IT REMEMBERED, that on this date came before me, a Notary Public, duly commissioned and acting for the State and County, aforesaid Randy James Managing Partner, for James Built Homes Inc. and Arkansas Real Estate Investment Partners, LLC and stated that as Grantors in the foregoing Bill of Assurance, the purposes set forth t��i$tN�''��rf�� zQ�0cn .N�rCo11N My Commission Expires were authorized to and had executed the same for IV Notary Public CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS NAME —MADISON PARK INSPECTOR REPORT [ 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. Engineering Specialist Date: ADDRESSING SPECIALIST'S REPORT I have re sewed the plat and find that the street names and street configuration are acceptable.6" q Addressing Specialist Date: 7 Q TRAFFIC ENGINEER RB ORT 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 and street lights. 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 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. All other requirements for final plat approval have been satisfied. VIL, � �' 4 . ' Civil Engineer PH SURVEYOR'S REPORT I have reviewed the plat and find that: A requirements for final plat approval have been satisfied. Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. V':• 9Date: 7hoJoq Design Review Engineer/Civil Engineering Manager February 2007 Date: '7/3D/CJ-! Date: az 20090537-98 Received: 8i612009 10:04:27 AM Recorded: 08/0612009 10:10:21 AM Filed &. Recorded in Official Records of PAT O'BRIEN, PUL.ASKI COUNTY CIRCUIT/COUNTY CLERK Fees $55.00 o � BILL OF ASSURANCE MADISON PARK ADDITION, �L LITTLE ROCK, ARKANSAS KNOW ALL b4EN BY TBESE PRESENTS: WHEREAS, Arkansas Real Estate Investment Partners, LLC, an Arkansas Limited Liability Corporation, hereinafter called "Allotter", is the owner of lands lying in the County of Pulaski, State of ArImnss, described as follows: LEGAL DESCRIPTION PART OF THE NE 1 /4 AND PART OF THE SE 1 /4 OF SECTION 24, T — 2---N, R-14—W PULASKI COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF MADISON VALLEY SUBDIVISION TO THE CITY OF LITTLE ROCK THENCE N 06'36'01" E, 280.72'; THENCE S 68'59'55" E, 267.84'; THENCE S 00'33'57" W, 292.36'; THENCE N 80'39'13" A 45.38': THENCE N 8842'29" W, 123.03'; THENCE N 01'43'21" E 75.00', THENCE N 77'55'29" A 116.48' TO THE POINT OF BEGINNING, CONTAINING 1.848 ACRES MORE OR LESS WHEREAS, 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 Arkansas Real Estate Investment Partners, LLC, 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 James A. Rasburry, Registered Surveyor, and executed by him July 26, 2009, 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. Allotter hereby donates and dedicates to the public and easement of way on and over such of the real property owned by it designated as streets on said plat to be used by the public as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage, utilities ingress and egress which Allotter hereby donates and dedicates to and for the use by public utilities, the same being without limiting generality of the foregoing electric power, gas, telephone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities, to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. The filing of this Bill of Assurance and Plat for Record in the office of the Circuit County Clerk of Pulaski County shall be 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 Madison Park Addition, Little Rock, Arkansas being a Subdivision in Section 24, Township 2 North, Range 1R West, Pulaski County, Arkansas, and any and every deed of conveyance of any lot in said subdivision 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 canceled as hereinafter provided, shall be and remain in full force and effect until August 1, 2029, and thereafter for successive periods of ten years each, unless terminated or canceled as herein provided. DEF1NICI OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. 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 platted having more than one street contiguous to it. RESTRICTIONS 1. Use of Land. None of the lots may be improved, used or occupied for other than private residence purposes. The tracts of land designated on the plat of Madison Park Addition, as Reserved shall be used in accordance with regulations of the City of Little Rock and Pulaski County, Arkansas. 2. Heieht and Tyne of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot numbered in Madison Park Addition, Little Rock, Arkansas other than one single-family residence not to exceed two stories in height and a private garage for not less than two (2), cars. 3. Subdivision of Lots. No lot shall be re -subdivided such that the result of said subdivision decreases the area of said lot, however, lots may be split to increase the size of adjacent lots. 4. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or nearer to the said street line than the minimum building setback lines shown on the recorded plat 5. Area. No dwelling shall be constructed or permitted to remain upon any lot in this subdivision 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 more than that shown on the recorded plat: 6. 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 the Madison Park Addition, Little Rock, Arkansas. 7. Outbuildings Prohibited. No outbuilding or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted. 8. 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. 9. Noxious Activity No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, ashes, or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything ever 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. 10. 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 boards, structures, or signs used by the Allotter advertising the sale or rental of such property during the construction and sales period are permitted provided they do not exceed 5 square feet in size or signs displaying the name of a residential complex. 11. 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. 12. Existing Structure. No existing erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 13. Tempvram Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on a building site covered by these covenants shall at any time be used for human habitation, temporary or permanently, nor shall any structure of a temporary character be used for human habitation. 14. 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 this destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 15. 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, masonry, or wrought iron construction and their design shall be approved by the Madison Park Homeowners Association. Moreover, no automobile, truck, trailer, boat, tent or temporary structure of any nature whatsoever, shall ever be parked, located, or otherwise maintained on any lot unless the Homeowners Association has approved said parking, location or maintenance together with any restrictions they deem appropriate, provided that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles or trucks one-half ton or smaller in size on any portion of the garage driveway. 16. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty (30) inches above roadways shall be placed or permitted to remain on any comer 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 (50) 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 (8) feet from the adjacent roadway to prevent obstruction of such sight lines. 17. Property Lines and Boundaries. Iron pins have been set on all lot corners 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. 18. 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. 19. Modification of Restriction. Other than for amendments covered under paragraph four of this document, any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled in whole or in part, by a written instrument signed and acknowledged by the owner or owners of more than eighty percent (80%) in area of the land in this subdivision; 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 thereof on August 1, 2029, shall automatically be continued thereafter for successive periods of ten (10) years each, unless tenninated or canceled as herein provided. 20. Common Use Areas. In the plat of Madison Park Addition, the Allotter has designed a certain area of land as Common Areas for related activities for the property owners in said Addition and as set forth in the Madison Park Homeowners Association Declaration, which said Homeowners Association Declaration is hereby incorporated, into and made a part of this Bill of Assurance. 21. 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 therein, but they shall remain in full force and effect. WITNESS our hand and seals this 31st day of July, 2009. Randy James, Managing Partner Arkansas Real Estate Investment Partners, LLC ATTEST: APPROVED: LITTLE ROCK PLANNING COMMISSION Date Raviewcd cnly for inclusic-i of minimun s',:2ndards fequirEd by the City of k.it',ia RsGk suh�vision rcCulabons. Bill rf Assurance provisions es}wblished by the developer may exoaed m1n;mum regulations of the Little Rock subdivision and zoning ordinances. tyYaf Little Rock Planning Commission ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF J,¢L & ) On this 31st day of July, 2009 before me, a Notary Public, duly commissioned qualified and acting within and for the said County and State, appeared in person th$ within named Randy James, to me personally well know, who stated that he was th managing partner of Arkansas Real Estate Investment Partners, LLC, and was duly authorized in his respective capacity to execute the foregoing Bill of Assurance for and hi, the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said Bill of Assurance for the consideration, uses ano purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal thin f 31 st day of July, 2009. ''���1111III111►1rj,I/Z 't`,vt N E FI ri�r F y,�P ;.123 ys+ off•_ 0 N4 TAR y 2 r��fr,I p�N+Ynsp►�P���1`� My Commission Expires Notary Public