HomeMy WebLinkAboutS-1686 Application2012023985 Received: 4/24/2012 10:47:37 AM
Recorded: 04124/2012 10:56:41 AM Filed &
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $55.00
BILL OF ASSURANCE
OF
OAK GLEN SUBDIVISION
PHASE 1(LOTS 1 & Z
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, The Brown Company Remodelers, Inc., an Arkansas corporation, (the
"Grantor"), is the sole owner of certain real property lying in the County of Pulaski, State of
Arkansas as described in Exhibit A (the "Property"); and,
WHEREAS, it is deemed desirable by Grantor that the Property be subdivided into lots
(the "Lots") and as shown on the Plat, (as hereafter defined); and,
WHEREAS, by this Plat and Bill of Assurance, Grantor intends to create for its benefit,
and for the mutual benefit of all future owners of all or a portion of the Property, certain rights,
easements, covenants and conditions governing the use, enjoyment and maintenance of the
Property;
NOW, THEREFORE, Grantor, for and in consideration of the benefits accrued and to
accrue to it, which benefits are hereby acknowledged to be of value, has caused a plat, a copy of
which is attached hereto as Exhibit `B," showing surveys made by Garner Engineering, P.A.,
and bearing a Certificate of Approval executed by the Little Rock Planning Commission, and is
on record in the Office of the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas,
in Plat Book , Page , or as Instrument Number90 t %0,A3°i cs& (the "Plat"), and Grantor
does hereby make this Bill of Assurance. The Plat shows the bounds and dimensions of the
Property now being subdivided into. There are also shown on the Plat certain easements for
drainage and utilities which Grantor does hereby donate and dedicate to and for the use by public
utilities, the same being, without limiting the generality of the foregoing, electric power, gas,
telephone, water and sewer, with the right hereby granted to the persons, firms or corporations
engaged in supplying the same, and to the extent set forth herein, to the owners of abutting lots,
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 Clerk
and Ex-Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and
dedication of these easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as "Oak Glen Subdivision, an
addition to the city of Little Rock, Pulaski County, Arkansas," (the "Subdivision"), and every
deed of conveyance for any Lot or Tract in said Subdivision describing the same by the number
or numbers shown on the Plat shall be deemed a sufficient description thereof. The dimensions
This document prepared by The Catlett Law Firm, 323 Center Street, Suite 1800, Little Rock, AR 72201 www.catlaw.com
Oak Glen Bill of Assurance Page 2
designated and set out on the Plat are subject to variations on the ground and all persons who
become owners of the lost platted hereby take title to said lot or lots according to the monuments
and pins located on the ground of said lot or lots and shall take the same subject to the variations
and dimensions thereof.
Grantor will develop and convey all of the Property pursuant to a general plan for all of
the Property and the Property shall be held, sold, conveyed, encumbered, used, occupied, and
improved subject to certain restrictive covenants, conditions, restrictions, reservations,
easements, equitable servitudes, liens, and charges, all of which shall run with the Property as set
forth herein, and are for the purpose of uniformly enhancing the value, appearance, and
desirability of the Property in furtherance of a general plan for the protection, maintenance,
improvement, and sale of the Property. The restrictive covenants, conditions, restrictions,
reservations, easements, equitable servitudes, liens, and charges, as hereinafter set forth, shall run
with the Property and shall be binding upon all persons having any right, title, or interest in the
Property, or any portion thereof, their heirs, successors and assigns. The restrictive covenants,
conditions, restrictions, reservations, easements, equitable servitudes, liens, and charges, as
hereinafter set forth, shall inure to the benefit of every portion of the Property and every interest
therein and shall inure to the benefit and be binding upon Grantor and its successors -in -interest
and may be enforced by Grantor or its assigns or successors -in -interest or by the property owners
association as provided below.
Nothing contained herein shall be deemed or construed to prohibit or restrict Grantor's
right to complete the development of the Property and the construction of the improvements on
the Property nor Grantor's right to construct and maintain demonstration homes and offices for
construction and/or sales on the Property nor shall Grantor be restricted in any way from posting
signs incidental to the construction, development or sale of any portion of the Property.
Grantor reserves the right to include the additional portions of the Property as depicted on
the Plat, Lots 3-11, upon the filing of a final plat and amendments to this Bill of Assurance. All
persons having any right, title, or interest in the Property, or any portion thereof, their heirs,
successors and assigns expressly agree to the expansion of the subdivisions.
The Property platted by this instrument and any interest therein shall be held and owned
subject to and in conformity with the declarations and covenants set forth in this instrument
which shall be construed to be covenants running with the Property and shall be binding on all
owners of the Lots in the Subdivision and upon their heirs and assigns, subject to being amended
or canceled as provided hereafter, until such time as this Bill of Assurance shall terminate as
provide herein, to -wit:
ARTICLE 1
LAND USE AND BUILDING TYPE
(a) No Lot in the Subdivision shall be used for any other purpose than single-family
residential. All other uses of any Lot are prohibited. All dwellings shall have a private attached
or unattached garage with a minimum capacity for the storage of not less than one automobile
Page 3
Oak Glen Bill of Assurance
and shall be finished inside and fully enclosed with garagea°GraQn olr reserves the right to use
l lots shall provide for a
paved or concrete driveway connecting the street to the� ag structure an the Property for
one or more dwelling units on any Lots or to maintain a temporary
or sales office for the sale of the Lots in the Subdivision.
purposes of a demonstration building
No dwelling unit shall be constructed or permitted to remain upon any Lot unless
the heated and cooled area, measured by the outside wall dimensions and exclusive of parches,
re feet
patios, garages and breezeways, shall be at least one ed uanfosqu� feet for a�splt level or
for a one story building, or one thousand five hundred (1,500)
multi -level building.
ARTICLE H
SUB M ION PROHIBITION
No Lot shall be subdivided or split without the written consent of Grantor, any
association, and the Little Rock Planning Commission.
ARTICLE III
EASEMENTS
(a) Easements are shown on the Plat and the persons, firms or corporations engaged
in supplyingpublic utility services including, but not limited to, electric power, gas, telephone,
t to use and occupy said easements for the
cable television, water and sewer, shall have the right
installation, maintenance, repair and replacement of such
utility es�s es. and merits for
have
installation, maintenance, repair and replacement of utility
heretofore been reserved, said easements being of various widths,�n thereof beingce e electric made
to the Plat for a more specific description of the width
and telephone facilities are underground, and it is necessary for the alterations or Iawand telephone ering of thei surface
have special provisions to protect their facilities. y
grade of the ground in any easements and the area immediately adjoining such easements are
30 inches of clearance either
prohibited which would result i grade ands than theyundergraund electric cables and
horizontally or vertically betweenthe surface
conductors supplying electric power and service. The electric distribution transformer stations
and service pedestals are located on surface grade. Any
fills within the area of said easements
and upon the lands adjacent thereto which will damage or interfere
erfere with the
i tallation,
maintenance, operation or replacement of the electric meet are prohibited. No trees,
equipment, and the supplying of servities or
ices from such equip
incinerators, structures, buildings, pavement or similar improvements or alterations shall be
utility easements, N
excavations within the
grown, built or maintained within the area of such No
shall be made which
he erection of any fences or for any Pure
area of such easements for tutilityservice.
would interfere with the installation, maintenance, repair or replacement
ar sr�i any
improvements
In the event trees, incinerators, structures, fences, buildings, pavement
or alterations shall be grown, built or maintained within the area of such easements, no utility
Page 4
Oak Glen Bill of Assurance
the installation,
service provider shall be liable for the destructiono of
�� a ofSuch easement maintenance,
repair or replacement of any utility service located within
owners of
(b) Reciprocal easements are hereby reserved e seof adjoiningadjoining Lots for the control, maintenance, and repair of the utilities of the own
Lots.
(c) All owners of Lots shall install and maintain in conformity with applicable code
laterals and/or electric service entrance
requirements and other regulations, underground servicea minimum inside diameter of two (2)
conductors of adequate capacity in a conduit having the point of delivery of
inches and underground telephone service conduits and cables betweenof se of such owner. Only
such utility service as located by the utility company and the point
shall be installed or maintained on any Lot. All
single phase electrical utilization equipmentwi#h applicable code requirements and
owners of any Lot shall dig and backfill, in conformity and
other regulations, a ditch that is a minimum of approximatelyfour �� -niches lat on of saidgutil utility
teen
(18) inches deep from the point of service to the porn
services.
ARTICLE IV
RE5TRICTIDNS UN iiSE
In order to provide for the permanent maintenance o s he Subdivision in Lacs and far the aesthetically
est etic lly
attractive manner for the peaceful enjoyment of the owner
of
value, the Lots shall be owned, occupied and used subject to the following restrictions:
or objects of unsightly nature shall be placed or
(a} No billboards, posters, signs ] four (4) square
Lot, except one (1 ) sign only per Lot not exceeding
permitted to remain on any feet in area may be displayed advertising the Property for sale.
olf carts, dune buggies, all terrain
(b) No trucks, non -operating cars, mail carts, g travel trailers, era, boats, et skis, or similar
vehicles, motor homes, commercial vehicles, in, on about any Lot, provided that such vehicle
recreational equipment shall be kept or stored gh hours on a Lot per
or recreational equipment may be temporarily stored for up to de forty-eight ( 48 an enclosed garage. All cars,
)
month, except that such items may be stored or parked or garage.
trucks and other primary vehicles must be parked to the driveway
(c) No business, trade, activity, or undertaking, which is or may become obnoxious or
offensive shall be tamed on or permitted within the Subdivision nor shall anything be done
therein which may be or become an annoyance or nuisance
d all he owners o adjacent
ractices which may
care shall be exercised at all times with regard to noise anbe a nuisance or may interfere
be a source of annoyance to the owners of any Lot or on and roper use of any Lot.which may
with the peaceful posses P
Page 5
Oak Glen Bill of Assurance
d No trash, ashes or other refuse may be thrown, dumped, or allowed to remain on
Lot hlo household goods or fin shall be stored outside any dwelling unit on any Lot
any purpose of disposal. Trash,
for more than forty-eight (48) hours and, in suchcases,
except in sanitary containers.
garbage and other waste shall not be kept on any
e No fence, wall or enclosure of any type or nature whatsoever shall be constructed,
erected or placed upon any Lot without the approval of the Grantor.
s or other alterations to the exterior of any dwelling unit on a Lot shall
(� No awning be constructed, erected or placed upon any Lot without the approval of the Grantor.
No trailers, basements, tents, shacks, barns, dog kennels or other outbuilding shall
(g) be erected on any Lot without the approval of the; Grantor.
h No satellite dishes or other receptive devices for wirelessttransmissions adeshoaflany
l be
ground(mounted on any Lot, nor shall such devices be attached
unit on any Lot, provided however, one satellite dish per dwelling unit not nit exceed
dwelling be attached to the roof or side of such dwelling
eighteen (18) inches in diameter may
Of any kind shall be raised or kept on any Lot
(i) No animals, livestock or poultry kept,not numbering more than two (2) in
except that dogs, cats or other household pets may be and not t or maintained for any
total, provided that they are indoor domestic peg ball dogemixed breeds shall not be kept on
commercial purposes, provided, pit bull dogs or p
on a leash or within a fenced area at all
any Lot at any time. All household pets shall be kept
time when they are outside of the residence constructed on a lot.
g operations, mining or quarrying operations of
No oil and gas drilling or refinin
any kind shall be permitted on any Lot.
ARTICLE V
ENFORCEMENT
e of the
e covenants, agreements and restrictions herein set forth� l 5cessorrun with sland lassigns,
Lots in this Subdivision and bind the present owners and theall ir Maiming by, through, or
future owner and their heirs, successors and assign , agreements herein set forth and contained.
under them shall be bound by the covenants and
e shall be personally binding on any person, Persons, or corporations except with respectwnner
Non his or their holding of title to Lots in the Subdivision. Any
breaches committed during its, t to sue for
Grantor, or any association shall have the right
or owners of Lots in this Subdivision, prevent the breach of ,or to enforce the
and obtain an injunction, prohibitive or mandatory, s
observance of any of the covenants, agreements or rest
riction contained herein together with any
other rights to which they might otherwise be entitled under the state of Arkansas-
Oak Glen Bill of Assurance
ARTICLE VI
EXISTING STRUCTURE
Page 6
All construction within the Subdivision shall be newly constructed.
N l xistzt. The Current
building or structure of any sort may b, erected
e moved onto or placed shall be exempt from the
Y
n structure on Lot 2 formerly known as 1910 uld this
trsttructure ever be removed or
existinghowever, s
requirement of a fully enclosed covenants of of this Bill of Assurance shall apply.
replaced with a new strvctur , al
ARTICLE VII
GENERAL PRUVISIUNS
endent and severable, and the
(a) The provisions hereof shall be deemed �e�rovision or portion thereof shall
invalidity or partial invalidity or unenforceability of provision hereof.
not effect the validity or enforceability of any other p
The provisions of this Bill of Assurance shlb beside corned to effectuate
Unless
ose of creating a uniform plan for the developmentPlural and the plural
their Pu g the singular shall include the p
the context requires a contrary construction,
in lar• and the masculine, feminine and neuter shall each onstitute aEwarayser of the nght to
culine, feminine
the singular;
gu provision hereof shall not and neuter. Failure to enforcether any rovi.sion hereof at any future time.
enforce that provision or any P
representations or warranties of any kind, express or implied, haVe been given
(c) No rep or any portion
or made by Grantor or its agents or employees in connection with thhempl ante with applicable
improvements thereon, its physical condition, zoning, ision, sale, Operation,
le
thereof or any p
laws, fitness for any intended use, or in connection with the plaanned development, except
maintenance, cost of maintenance, taxes or regulation thereof as a p
as expressly stated herein.
aired to be delivered as provided herein shall be in
(d) Any notice permitted or req mail. if delivery is made by
writing and may be delivered either personally or by ordinary ( ') hours after a copy of
ordinary mail, it shall be deemed to have been delivereds a ent a aid r
the same has been deposited in the United States mail, postage P P
erson who owns, occupies or acquires any right, title, estate or interest in
(e) Every P
have
d to an Lot or ocher portion of the Property does �•d easement�r conclusively
and
anY limitation, restriction, contained
consented and agreed to every
venant contained herein, whether or not any reference tase or any portionthereof.e
instrument by which such person acquired an interest in eProperty
orations who now or shall hereafter acquire any of the Lots in
( All persons or Corp s agree to conform to and observe the
this Subdivision and their heirs, successors and f twenty-five (25) years
assign
restrictions, covenants and stipulations contained herein for a period o
Page 7
Oak Glen Bill of Assurance
ce and the
from the date of recordation of this Bill of Assurance dtthis
e eager of
ly extend in
restrictions, covenants. and stipulations contained unless therein prior v the end of the original term or any
effect for successive periods of ten (10) y p
successive term of the application hereof a majority of the then owners ay e amended at anytime by
agree to the expiration of the applicable term. These coven Y change in these covenants in the
the owners of two-thirds of the
valid unless thi?ots in the dsame shall placed of record in the office of
manner herein set forth shall b
the Recorder of Pulaski County, Arkansas, duly executed and acknowledged by the requisite
number of owners.
(g) Anything
to the contrary herein notwithstanding, until ninety (90°/a) percent of the
total number of Lots 1-11 are sold and conveyed, Grantor shall
to amend the provisions
without the approval of e right from time to time,
the owners of any Lots of the Lots, of complying with the
hereof, for the purpose of facilitating the marketing
made b financial institutions, title insurance companies
requirements pertaining to the Property Y reasonable purpose; provided that no such
or governmental authorities, or for any other
improvable area of a Lot without the express
amendment will reduce the sire of any Lot or the
consent of the owner so affected. s}
IN
WITNESS WHEREOF, this instrument has been executed this _L day of
DikobL� 2011.
Grantor:
The Brown Company Remodelers Inc-
�& OAM
By: James M. Brown
Title: President and sole officer.
Reviewed only for inclusion of Minimum stanoatds
required by the City of Little Rock subdivision reguiationn-
13ill of Assurance provisions cstablished by ihs
developer may exceed minimum regulations of thO
Itle Rock subdivision and zoning ordinanseo-
of Isola Rock Planning Commission
Oak Glen Bill of Assurance
S'Vw4--j. OTC A o-v, iq ":ems
ACKNOW'LEDEGMENT
Page 8
, 2011 before the undersigned, a Notary Public, duly
On this � � day of . D�-, � eared in
commissioned, qualified and acting, within and for the County and State aforesaid, appeared
person the within named dames M. Brown, to me personally well known, who stated that he was
the president of The grown Company
Remodel" Inc., an Arkansas corporation and was duly
and in the
and
authorized in his respective capacity to execute the owled lng ed that he had sor signed, c to ede and
behalf of said company, and further stated and acknowledged
delivered the foregoing instrument for the consideration, uses and purposes therein mentioned
and set forth. 3 1 51-
ITT TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
day of 2011.
iy Commissio Expires,
MC). I I 11-M
Notary Public i ` :.,.• - : �'.e�
PUBU '
-
d1�ry�. 2N9,t�,+►t�A
Exhibit "A"
Legal Description
Lots 1 and 2, Phase 1
Oak Glen Subdivision to the City of Little Rock
Being part of the west one-half (Wl/2) of the Northwest Quarter (NW1/4) of the
Northeast Quarter (NE1/4) of the Northeast quarter (NE1/4) of Section 35, Township 2
North, Range 13 West, Pulaski County, Arkansas, more fully described as follows:
Commencing at the northwest corner of said W1/2, NWl/4, NEl/4, NE1/4; thence S
0° 14' 00" W for 181.74 feet along the west line of the said NE 1 A, NE 1 A; thence leaving
the said west line S 89'01'09" E for 160.61; thence S 00°29'09"W for 88.00 feet to the
true point of beginning; thence S 88°06' 12"E for 157.22 feet to a point on the west right-
of-way line of Watts Street; thence S 00149'45" W for 127.24 along said west right-of-
way line; thence leaving the said right-of-way N 89°56'30" W for 161.39 feet; thence N
00°14'00" E for 51.74 feet; thence 12.73 feet along a curve to the right having radius of
9.5 feet and a chord of N 52°30'58" E, 11.80 feet; thence S 89°06' 12"E for 20.49 feet;
thence N 00°53'48" E for 45.00 feet; thence N 89°06' 12" W for 20.95 feet; thence
14.81 feet along a curve to the right having a radius of 9.5 feet and a chord of
N 44026'06" W, 13.36 feet; thence N 00°14'00" E for 16.16 feet; thence S 89°06'12" E
for 5.50 feet to the point of beginning containing 0.45 acres more or less.
2012023985 Received: 4/24/2012 10:47:37 AM
Recorded: 04/24/2012 10:56:41 AM Filed &
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $55.00
BILL OF ASSURANCE
OF
OAK GLEN SUBDIVISION
PHASE I (LOTS I & Z)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, The Brown Company Remodelers, Inc., an Arkansas corporation, (the
"Grantor"), is the sole owner of certain real property lying in the County of Pulaski, State of
Arkansas as described in Exhibit A (the "Property"); and,
WHEREAS, it is deemed desirable by Grantor that the Property be subdivided into lots
(the "Lots") and as shown on the Plat, (as hereafter defined); and,
WHEREAS, by this Plat and Bill of Assurance, Grantor intends to create for its benefit,
and for the mutual benefit of all future owners of all or a portion of the Property, certain rights,
easements, covenants and conditions governing the use, enjoyment and maintenance of the
Property;
NOW, THEREFORE, Grantor, for and in consideration of the benefits accrued and to
accrue to it, which benefits are hereby acknowledged to be of value, has caused a plat, a copy of
which is attached hereto as Exhibit `B," showing surveys made by Garner Engineering, P.A.,
and bearing a Certificate of Approval executed by the Little Rock Planning Commission, and is
on record in the Office of the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas,
in Plat Book , Page , or as Instrument Number.: o + a,6,� 3 4 � e (the "Plat"), and Grantor
does hereby make this Bill of Assurance. The Plat shows the bounds and dimensions of the
Property now being subdivided into. There are also shown on the Plat certain easements for
drainage and utilities which Grantor does hereby donate and dedicate to and for the use by public
utilities, the same being, without limiting the generality of the foregoing, electric power, gas,
telephone, water and sewer, with the right hereby granted to the persons, firms or corporations
engaged in supplying the same, and to the extent set forth herein, to the owners of abutting lots,
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 Clerk
and Ex-Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and
dedication of these easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as "Oak Glen Subdivision, an
addition to the city of Little Rock, Pulaski County, Arkansas," (the "Subdivision"), and every
deed of conveyance for any Lot or Tract in said Subdivision describing the same by the number
or numbers shown on the Plat shall be deemed a sufficient description thereof. The dimensions
This document prepared by The Catlett Law Firm, 323 Center Street, Suite 1800, Little Rock, AR 72201 www.catlaw.com
Oak Glen Bill of Assurance Page 2
designated and set out on the Plat are subject to variations on the ground and all persons who
become owners of the lost platted hereby take title to said lot or lots according to the monuments
and pins located on the ground of said lot or lots and shall take the same subject to the variations
and dimensions thereof.
Grantor will develop and convey all of the Property pursuant to a general plan for all of
the Property and the Property shall be held, sold, conveyed, encumbered, used, occupied, and
improved subject to certain restrictive covenants, conditions, restrictions, reservations,
easements, equitable servitudes, liens, and charges, all of which shall run with the Property as set
forth herein, and are for the purpose of uniformly enhancing the value, appearance, and
desirability of the Property in furtherance of a general plan for the protection, maintenance,
improvement, and sale of the Property. The restrictive covenants, conditions, restrictions,
reservations, easements, equitable servitudes, liens, and charges, as hereinafter set forth, shall run
with the Property and shall be binding upon all persons having any right, title, or interest in the
Property, or any portion thereof, their heirs, successors and assigns. The restrictive covenants,
conditions, restrictions, reservations, easements, equitable servitudes, liens, and charges, as
hereinafter set forth, shall inure to the benefit of every portion of the Property and every interest
therein and shall inure to the benefit and be binding upon Grantor and its successors -in -interest
and may be enforced by Grantor or its assigns or successors -in -interest or by the property owners
association as provided below.
Nothing contained herein shall be deemed or construed to prohibit or restrict Grantor's
right to complete the development of the Property and the construction of the improvements on
the Property nor Grantor's right to construct and maintain demonstration homes and offices for
construction and/or sales on the Property nor shall Grantor be restricted in any way from posting
signs incidental to the construction, development or sale of any portion of the Property.
Grantor reserves the right to include the additional portions of the Property as depicted on
the Plat, Lots 3-11, upon the filing of a final plat and amendments to this Bill of Assurance. All
persons having any right, title, or interest in the Property, or any portion thereof, their heirs,
successors and assigns expressly agree to the expansion of the subdivisions.
The Property platted by this instrument and any interest therein shall be held and owned
subject to and in conformity with the declarations and covenants set forth in this instrument
which shall be construed to be covenants running with the Property and shall be binding on all
owners of the Lots in the Subdivision and upon their heirs and assigns, subject to being amended
or canceled as provided hereafter, until such time as this Bill of Assurance shall terminate as
provide herein, to -wit:
ARTICLE 1
LAND USE AND BUILDING TYPE
(a) No Lot in the Subdivision shall be used for any other purpose than single-family
residential. All other uses of any Lot are prohibited. All dwellings shall have a private attached
or unattached garage with a minimum capacity for the storage of not less than one automobile
Oak Glen Bill of Assurance Page 3
and shall be finished inside and fully enclosed with garage doors. All lots shall provide for a
paved or concrete driveway connecting the street to the garage. Grantor reserves the right to use
one or more dwelling units on any Lots or to maintain a temporary structure on the Property for
purposes of a demonstration building or sales office for the sale of the Lots in the Subdivision.
(b) No dwelling unit shall be constructed or permitted to remain upon any Lot unless
the heated and cooled area, measured by the outside wall dimensions and exclusive of porches,
patios, garages and breezeways, shall be at least one thousand four hundred (1,400) square feet
for a one story building, or one thousand five hundred (1,500) square feet for a split level or
multi -level building.
ARTICLE II
SUBDIVISION PROHIBITION
No Lot shall be subdivided or split without the written consent of Grantor, any
association, and the Little Rock Planning Commission.
ARTICLE III
EASEMENTS
(a) Easements are shown on the Plat and the persons, firms or corporations engaged
in supplying public utility services including, but not limited to, electric power, gas, telephone,
cable television, water and sewer, shall have the right to use and occupy said easements for the
installation, maintenance, repair and replacement of such utility services. Easements for the
installation, maintenance, repair and replacement of utility services, sewer and drainage have
heretofore been reserved, said easements being of various widths, reference being hereby made
to the Plat for a more specific description of the width and location thereof. The electric and
telephone facilities are underground, and it is necessary for the electric and telephone utilities to
have special provisions to protect their facilities. Any alterations or lowering of the surface
grade of the ground in any easements and the area immediately adjoining such easements are
prohibited which would result in there being less than thirty (30) inches of clearance either
horizontally or vertically between the surface grade and the underground electric cables and
conductors supplying electric power and service. The electric distribution transformer stations
and service pedestals are located on surface grade. Any fills within the area of said easements
and upon the lands adjacent thereto which will damage or interfere with the installation,
maintenance, operation or replacement of the electric and telephone cables, facilities or
equipment, and the supplying of services from such equipment are also prohibited. No trees,
incinerators, structures, buildings, pavement or similar improvements or alterations shall be
grown, built or maintained within the area of such utility easements. No excavations within the
area of such easements for the erection of any fences or for any purpose shall be made which
would interfere with the installation, maintenance, repair or replacement of any utility service.
In the event trees, incinerators, structures, fences, buildings, pavement or similar improvements
or alterations shall be grown, built or maintained within the area of such easements, no utility
Oak Glen Bill of Assurance Page 4
service provider shall be liable for the destruction of the same in the installation, maintenance,
repair or replacement of any utility service located within the area of such easement.
(b) Reciprocal easements are hereby reserved for the benefit of the owners of
adjoining Lots for the control, maintenance, and repair of the utilities of the owners of adjoining
Lots.
(c) All owners of Lots shall install and maintain in conformity with applicable code
requirements and other regulations, underground service laterals and/or electric service entrance
conductors of adequate capacity in a conduit having a minimum inside diameter of two (2)
inches and underground telephone service conduits and cables between the point of delivery of
such utility service as located by the utility company and the point of use of such owner. Only
single phase electrical utilization equipment shall be installed or maintained on any Lot. All
owners of any Lot shall dig and backfill, in conformity with applicable code requirements and
other regulations, a ditch that is a minimum of approximately four (4) inches wide and eighteen
(18) inches deep from the point of service to the point of use of the installation of said utility
services.
ARTICLE IV
RESTRICTIONS ON USE
In order to provide for the permanent maintenance of the Subdivision in an aesthetically
attractive manner for the peaceful enjoyment of the owners of Lots and for the protection of
value, the Lots shall be owned, occupied and used subject to the following restrictions:
(a) No billboards, posters, signs or objects of unsightly nature shall be placed or
permitted to remain on any Lot, except one (1) sign only per Lot not exceeding four (4) square
feet in area may be displayed advertising the property for sale.
(b) No trucks, non -operating cars, mail carts, golf carts, dune buggies, all terrain
vehicles, motor homes, commercial vehicles, travel trailers, campers, boats, jet skis, or similar
recreational equipment shall be kept or stored in, on or about any Lot, provided that such vehicle
or recreational equipment may be temporarily stored for up to forty-eight (48) hours on a Lot per
month, except that such items may be stored or parked inside an enclosed garage. All cars,
trucks and other primary vehicles must be parked in the driveway or garage.
(c) No business, trade, activity, or undertaking, which is or may become obnoxious or
offensive shall be carried on or permitted within the Subdivision nor shall anything be done
therein which may be or become an annoyance or nuisance to the owners of adjacent Lots. Due
care shall be exercised at all times with regard to noise and all other uses or practices which may
be a source of annoyance to the owners of any Lot or which may be a nuisance or may interfere
with the peaceful possession and proper use of any Lot.
Oak Glen Bill of Assurance Page 5
(d) No trash, ashes or other refuse may be thrown, dumped, or allowed to remain on
any Lot. No household goods or furniture shall be stored outside any dwelling unit on any Lot
for more than forty-eight (48) hours and, in such cases, only for the purpose of disposal. Trash,
garbage and other waste shall not be kept on any Lot except in sanitary containers.
(e) No fence, wall or enclosure of any type or nature whatsoever shall be constructed,
erected or placed upon any Lot without the approval of the Grantor.
(f) No awnings or other alterations to the exterior of any dwelling unit on a Lot shall
be constructed, erected or placed upon any Lot without the approval of the Grantor.
(g) No trailers, basements, tents, shacks, barns, dog kennels or other outbuilding shall
be erected on any Lot without the approval of the Grantor.
(h) No satellite dishes or other receptive devices for wireless transmissions shall be
ground mounted on any Lot, nor shall such devices be attached to the front fagade of any
dwelling unit on any Lot, provided however, one satellite dish per dwelling unit not to exceed
eighteen (18) inches in diameter may be attached to the roof or side of such dwelling unit.
(i) No animals, livestock or poultry of any kind shall be raised or kept on any Lot
except that dogs, cats or other household pets may be kept, not numbering more than two (2) in
total, provided that they are indoor domestic pets and are not kept or maintained for any
commercial purposes, provided, pit bull dogs or pit bull dog mixed breeds shall not be kept on
any Lot at any time. All household pets shall be kept on a leash or within a fenced area at all
time when they are outside of the residence constructed on a lot.
0) No oil and gas drilling or refining operations, mining or quarrying operations of
any kind shall be permitted on any Lot.
ARTICLE V
ENFORCEMENT
The covenants, agreements and restrictions herein set forth shall run with the title of the
Lots in this Subdivision and bind the present owners and their heirs, successors and assigns,
future owner and their heirs, successors and assigns, and all parties claiming by, through, or
under them shall be bound by the covenants and agreements herein set forth and contained.
None shall be personally binding on any person, persons, or corporations except with respect to
breaches committed during its, his or their holding of title to Lots in the Subdivision. Any owner
or owners of Lots in this Subdivision, Grantor, or any association 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 any of the covenants, agreements or restriction contained herein together with any
other rights to which they might otherwise be entitled under the state of Arkansas.
Oak Glen Bill of Assurance
ARTICLE VI
EXISTING ST R CTURE
Page 6
All construction within the Subdivision shall be newly constructed. No existing, erected
t. The current
building or structure of any sort may b moved onto or placed re any exemptt shall be
existing structure on Lot 2 formerly known as 19lhould thus structure ever be emov removed
requirement of a fully enclosed garage, however, s
replaced with a new structure, all covenants of this Bill of Assurance shall apply.
ARTICLE VII
GENERAL PRUVISIGNS
(a) The provisions hereof shall be deemed independent and severable, and the
invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall
not effect the validity or enforceability of any other provision hereof.
(b) The provisions of this Bill of Assurance shall be liberally construed to effectuate Unless
their purpose of creating a uniform plan for the development of a residential community.
the context requires a contrary construction, the singular shall include the plural and the plural
the singular; and the masculine, feminine and neuter
shall each include the not const tute a waiver oaf the right to
ne, feminine
and neuter. Failure to enforce any provision hereof shall
enforce that provision or any other provision hereof at any future time.
(c) No representations or warranties of any kind, express or implied, have �� givenportion
or made by Grantor or its agents or employees in connection with the Property y
condition, zoning, compliance
thereof or any improvements thereon, its physical ance with applicable
sale, operation,
ection with the subdivision,
laws, fitness for any intended use, or in coon thereof as a planned development, except
maintenance, cost of maintenance, taxes or regulation
as expressly stated herein.
(d) Any notice permitted or required to be delivered as provided herein shall be by
writing and may be delivered either personally or by ordinary mail. if delivery a y
ordinary mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of
the same has been deposited in the United States mail, postage prepaid.
(e) Eve' person who owns, occupies or acquires any right, title, estate or interest in
and to any Lot or other portion of the Property does and shall be conclusively deemed to have
consented and agreed to every limitation, restrictions to these restrictions vs contained in the
n, condition and
covenant contained herein, whether or not any referentor any portion thereof
instrument by which such person acquired an interest in the Property
(fl All persons or corporations who now or shall hereafter acquire any of the Lots in
this Subdivision and their heirs, successors and assigns agree to conform to and observe the
restrictions, covenants and stipulations contained herein for a period of twenty-five (25) years
Page 7
Oak Glen Bill of Assurance
from the date of recordation of this Bill of Assurance and
It his Bill
automatically fAssurance
ss re and
nd in
the
restrictions, covenants, and stipulations contained therein
effect for successive periods of ten (10) years unless prior to the end of the original terns or any
successive term of the application hereof a majority ocovenantf the then wners of Lots in the s may be amended at anya melby
on
agree to the expiration of the applicable term. These the
the owners of two-thirds of the Lots in the Subdivision allo
be laced of record change in these cin the ovenants
in of
manner herein set forth shall be valid unless the samep
the Recorder of Pulaski County, Arkansas, duly executed and acknowledged by the requisite
number of owners.
(g) Anything to the contrary herein notwithstanding, until ninety (900%) percent of the
total number of Lots 1-11 are sold and conveyed, Gran shall
have the right
from
the time to.t ions
without the approval of the owners of any Lots o y
hereof, for the purpose of facilitating the marketing of the Lots, of complying with the
requirements pertaining to the Property made by financial institutions, title insurance companies
or governmental authorities, or for any other reasonable purpose; provided that no such
amendment will reduce the size of any Lot or the improvable area of a Lot without the express
consent of the owner so affected. 3}
IN WITNESS WHEREOF, this instrument has been executed this _31 day of
ftfa;L 2011.
Grantor:
The Brown Company Remodelers Inc.
,W �AAW
By: James M. Brown
Title: President and sole officer.
Reviewed only for inclusion of minimum standards
required by the City of Little Rock subdivision regulations.
Bill of Assurance provisions cstablished by 0
developer may excead minimum regulations of tho
fife RocksubdivW n and
zoning ordinances.
tW of Little Rock Planning Commission
Page 8
Oak Glen Bill of Assurance l�V (�-S i
_ � Avg. e4 c���S � �� c� °``� � t—
S,k v+4, ACKNOWLEDEGMENT
On this day of , 2011, before the undersigned, a Notary Public, duly
commissioned, qualified and acting, within and for �nal1 ntY wellnlcnowne haforesaid,
o stated that he was
person the within named James M. Brown, to me personally
the president of The Brown Company Itemodelers Inc., for and in the name and
rporation and was duly
authorized in his respective capacity to execute the foregoing instrument
behalf of said company, and further stated and acknowledged that he had so signed, executed and
ent for the consideration, uses and purposes therein mentioned
delivered the foregoing instrum
and set forth.
TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 3
day of, 2011.
y Commission Expires:
Notary Public . ' �j� ..
ujT:%k0TAR
PU8UG
fJ
tiy�l+Y7
Exhibit "A"
Legal Description
Lots 1 and 2, Phase 1
Oak Glen Subdivision to the City of Little Rock
Being part of the west one-half (Wl/2) of the Northwest Quarter (NW1/4) of the
Northeast Quarter (NE1/4) of the Northeast quarter (NE1/4) of Section 35, Township 2
North, Range 13 West, Pulaski County, Arkansas, more fully described as follows:
Commencing at the northwest corner of said W1/2, NW1/4, NE1/4, NE1/4; thence S
0° 14' 00" W for 181.74 feet along the west line of the said NE 1 /4, NE 1 /4; thence leaving
the said west line S 89'01'09" E for 160.61; thence S 00°29'09"W for 88.00 feet to the
true point of beginning; thence S 88°06' 12"E for 157.22 feet to a point on the west right-
of-way line of Watts Street; thence S 00149'45" W for 127.24 along said west right-of-
way line; thence leaving the said right-of-way N 89°56'30" W for 161.39 feet; thence N
00°14'00" E for 51.74 feet; thence 12.73 feet along a curve to the right having radius of
9.5 feet and a chord of N 52°30'58" E, 11.80 feet; thence S 89°06' 12"E for 20.49 feet;
thence N 00°53'48" E for 45.00 feet; thence N 89°06' 12" W for 20.95 feet; thence
14.81 feet along a curve to the right having a radius of 9.5 feet and a chord of
N 44026'06" W, 13.36 feet; thence N 00°14'00" E for 16.16 feet; thence S 89°06' 12" E
for 5.50 feet to the point of beginning containing 0.45 acres more or less.
Hurricane Valley, Inc.
Professional Engineering Consultants
P.O. Box 118 (72089) 1506 Prickett Road
Bryant, AR
Tel 501-847-7282 Fax 501-847-2431
February 7, 2012
Ms Donna James
Dept. of Planning & Zoning
723 West Markham Street
Little Rock, AR 72201-1334
Ref: Oak Glen (File No. Z-8294)
Lots 1 & 2 Final Plat Review
Dear Ms James:
Enclosed are 3 copies of the proposed Final Plat and Bill of Assurance for Lots 1 & 2,
Oak Glen Addition to the City of Little Rock, Arkansas for your review and approval.
Also included are sign offs from CAW, LRWW, Entergy, AT&T and Center Point
Energy.
If you have any questions or require additional information, please call.
Si _erely,
ie"'e'
Charles F. Best, P.E.
Re: Final Plat of Lots 1 &2, Oak Glen Subdivision, Little Rock - 'att.net Mail' Page 1 of 1
-YA- 14 0L MAIL
Classic
Re: Final Plat of Lots 1&2, Oak Glen Subdivision, Little Rock Tuesday, March 8, 2011 9:07 AM
From: "Daniel.Tull@CArkW.com" <Daniel.Tull@CArkW.com>
To: "Charles Best" <hvicbest@sbcglobal.net>
Looks okay.
Thank you
Daniel Tull
Engineering Technician
501-377-1245
From: Charles Best <hvicbest@sbcglobal.net>
To: Daniel.Tull@CArkW.com
Date: 03/08/2011 08:29 AM
Subject: Final Plat of Lots 1&2, Oak Glen Subdivision, Little Rock
Daniel:
Please please review and comment on the attached final plat of lots 1 & 2, Oak Glen Subdivision,
Little Rock. This is required by the City Planning and Zoning Dept.( Donna James) for obtaining
final plat approval.
sent a similar e-mail last week. If you have already responded, please disregard this one
Thanks.
Charles Best
Hurricane Valley Inc.
[attachment "Final Plat Lots 1 & 2 1-6-11 (Final.pdf' deleted by Daniel Tull/CAWJ [attachment "Final Plat Lots 1 & 2 1-6-11 (Final).dwg" deleted by
Daniel Tull/CAW]
Before you print this email think about the environment.
http://us.mc8l5.mail.yahoo.com/mc/showMessage?sMid=l &filterBy=&.rand=1088050629... 3/8/2011
FW: Final Plat Lots 1 & 2, Oak Glen Subdivision, Little Rock - 'att.net Mail' Page 1 of 1
y-AJE40(D.Y1, MAIL
Classic
FW: Final Plat Lots 1 & 2, Oak Glen Subdivision, Little Rock Tuesday, March 1, 2011 8:46 AM
From: "Jim Boyd" <jim.boyd@lrwu.com>
To: "'James, Donna"' <DJames@littlerock.org>
Cc: "'Charles Best"' <hvicbest@sbcglobal.net>
2 Files (3988KB)
F
Plat... Final Plat...
Sewer is available to Lots 1 & 2 and no additional easements are required by LRW. LRW has no
objection to filing the plat for Lots 1 & 2 of the Subdivision only. The remainder of the subdivision
does not have sewer access at this time.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR 72204
Office 501-688-1414
Mobile 50.1-352-0390
email jim.boyd@lrwu.com
From: Charles Best [mailto:hvicbest@sbcglobal.net]
Sent: Monday, February 28, 2011 10:22 AM
To: Jim Boyd
Subject: Final Plat Lots 1 & 2, Oak Glen Subdivision, Little Rock
Please please review and comment on the attached final plat of lots 1 & 2, Oak Glen Subdivision,
Little Rock. This is required by the City Planning and Zoning Dept.( Donna Jarnes) for obtaining
final plat approval.
Thanks.
Charles Best
Hurricane Valley Inc.
http://us.mc8l 5.mail.yahoo.comlmclshowMessage?sMid=3 &filterBy=&.rand=765647858&... 3/1 /2011
FW: Final Plat of Lots 1 & 2, Oak Glen Subdivision, Little Rock -'att.net Mail' Page 1 of 1
-VA- 1400!. MAI
Wig.
FW: Final Plat of Lots 1 & 2, Oak Glen Subdivision, Little Rock Monday, March 7, 2011 3:43 PM
From: "KEATHLEY, CHRIS (ATTSWBT)" <ck0826@att.com>
To: "CHARLIE BEST " <hvicbest@sbcgloba1.net>
Cc: "KEATHLEY, CHRIS (ATTSWBT)" <ck0826@att.com>
2 Files (3936KB)
Final Plat... Final Plat...
AT&T approves proposed final plat for lots 1 & 2 in Oak Glen subdivision
in the City of Little Rock. Thanx Chris
Chris Keathley
Manager OSP Ping & Eng Dsgn
501.373.6594 O
501.615.5823 C
From: Charles Best [mailto:hvicbest(@-sbcalobal.net
Sent: Monday, February 28, 2011 10:25 AM
To: KEATHLEY, CHRIS (ATTSWBT)
Subject: Final Plat of Lots 1 & 2, Oak Glen Subdivision, Little Rock
Please please review and comment on the attached final plat of lots 1 &
2, Oak Glen Subdivision, Little Rock. This is required by the City
Planning and Zoning Dept.( Donna James) for obtaining final plat
approval.
Thanks.
Charles Best
Hurricane Valley Inc.
http://us.mc8l5.mail.yahoo.com/mc/showMessage?mid=1_923410 AI7HjkQAAC4ITXVR... 3/8/2011
RE: Final Plat of Lots 1 &2, Oak Glen Subdivision, Little Rock - 'att.net Mail' Page 1 of 1
_A14a0T,,MAIL
classic
RE: Final Plat of Lots 1&2, Oak Glen Subdivision, Little Rock Tuesday, March 15, 2011 5:07 PM
From: "Bates, Joni B." <joni.bates@centerpointenergy.com>
To: "Charles Best" <hvicbest@sbcgloba1.net>
Approved
From: Charles Best [mailto:hvicbest@sbcglobal.net]
Sent: Tuesday, March 08, 2011 8:50 AM
To: Bates, Joni B.
Subject: Final Plat of Lots 1 &2, Oak Glen Subdivision, Little Rock
Please please review and comment on the attached final plat of lots 1 & 2, Oak Glen Subdivision, Little Rock.
This is required by the City Planning and Zoning Dept.( Donna James) for obtaining final plat approval.
I sent a similar e-mail last week. If you have already responded, please disregard this one
Thanks.
Charles Best
Hurricane Valley Inc.
http://us.mc8l5.mail.yahoo.com/mc/showMessage?mid=1_965672 AJLHjkQAAHHfFX... 3/16/2011
RE: Final Plat of Lots 1 &2, Oak Glen Subdivision, Little Rock - 'att.net Mail' Page 1 of 1
_A- 1400r:, MAIL
RE: Final Plat of Lots 1&2, Oak Glen Subdivision, Little Rock Tuesday, March 8, 2011 3:27 PM
From: "THOMPSON, THEODIS" <TTHOMPI@entergy.com>
To: "Charles Best" <hvicbest@sbcglobal.net>
1 File (161KB)
Scan001....
Charlie,
See attachment.
Theodis Thompson
From: Charles Best [mailto:hvicbest@sbcglobal.net]
Sent: Tuesday, March 08, 2011 8:42 AM
To: THOMPSON, THEODIS
Subject: Final Plat of Lots 1 &2, Oak Glen Subdivision, Little Rock
Please please review and continent on the attached final plat of lots 1 & 2, Oak Glen Subdivision,
Little Rock. This is required by the City Planning and Zoning Dept.( Donna James) for obtaining
final plat approval.
sent a similar e-mail last week. If you have already responded, please disregard this one
Thanks.
Charles Best
Hurricane Valley Inc.
http://us.mc8 l 5.mail.yahoo. comlmclshowMessage? sMid=O&filterBy=&.rand=69078 8367&... 3/8/2011
I
Sheraton Park Addition
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —OAK GLENN LOTS 1 & 2 PHASE I
INSPECTOR REPORT
I h: v made a final inspection of the improvements and End 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 nt.
1I,Z
kr►i►'"� Engineering Specialist Date: .
ADDRESSING SPECIALIST'S REPORT
1 h e r vi t l and { that the street names and street configuration are acceptable.
Addressing Specialist Date: IT Z
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
VAll 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.
s
L
� — 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.
V..
Civil Engineer I/II Date: .3riZ j2
SURVEYOR'S REPORT
I have reviewed the plat and find that:
1 requirements for final plat approval have been satisfied.
Surveyor Date:
MANAGER APPR AL
All i yil Engineering requiremepts for filing this final plat have been satis ied. I
V. ea Date:
Design Review Engineer/Civil Engineering Manager
March 1, 2012
City of Little Rock
Planning and Developm,,nt
Filing Fees
Date , 20J�
Annexation
$
Board of Adjustment
$
Cond Use Permit/T UP
$
Final Plat
Planned Unit Dev
$
Preliminaiy Plat
$
Special Use Permit
$
Rezoning
$
Site Plans
Sti eet Name Change
.
Street Name Signs
Number at ea
$
Public Hearing Signs
Number -at -ea
$
Total $ ..71
File No
Location
Applicant
By