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HomeMy WebLinkAboutS-0108-A ApplicationBILL OF ASSURANCE TO NEOLING PARK SUBDIVISION KNO'J ALL L'EN BY THESE PRESEI;TS: THAT, 1111HEREAS, Charles L. Clifton, Sr. and Cecilia C. Clift_n are the sole owners of the following described lnnd, lyinr in tip County of Pulaski, State of Arkansas, to -Lit: Commencing at the SE Corner, SE NE'- Section 3, T-1-P!, R-1f Pulaski Co., Arkansas. thence N 00 00' 47" IJ 294.U' to the nnin!. of heginning; thence S 701 95' 55" HU 26.45' ; thnnce N (l° H111 47" I'll 15.43' ; thence N 890 05' 09" :U 150.0' ; thence S 0° IJU F 47" E 69.66' ; thence S 700 55' 55" lL' 169.32; thence N 0 11 ,' 22" 1.11 486.05' ; thence S 890 05' 09" E 335.43' ; thence S Wl Ili" 47" E 364.9' to the point of beginning said parcel cnnt�iininr 3.13 acres more or less. UIEREAS-, it is desirable that all of the above described proi_,r,rLy• be subdivided into building tracts or lots and streets ass sho,un on the attached plat, and that said property be held, owned and conveyed subject to the protective covenants herein contained in order to enhance the value of said properties; (NOT THEREFORE, 1ITNESSETH:) That the said owners, Charles L. and Cecilia C. Clifton horoinaftc�r termed "grantors", have caused said tract of land to be surveyed by Robert J. Richardson, registered professional engineer, and a plat thereof made which is indentified by the title "Nebling:Park Subdivision' and by the signatures of the said engineer and the said grantors, and their certificate of approval executed by the Little Reck EIlanninrl Commission and is of record in the officc of the Circuit Clerk ai!d Ex-Officio Recorder of Pulaski County, Arkansas in Plat Book at Page , and the Grantors do hereby, make this Bill of Assurance. And, the Grantors do hereby certify that it has laid off, pl=3tted and subdivided, and does hereby layoff, plat and subdivide paid reel estate in accordance with said plat. The lands embraced in said plat shall be forever known as "Nebl.ing Park Subdivisi.on." The ir.,-intncs . .. hereby donate and dedicate to the public forever an easement uf way on and over the Streets as shown by said plat, to be used as public streets. There are strips of ground shown and dirnension2r_! on said Mat marked "Utility Easement" and "Drainage Fasement" reserved for Lhr,, use of public utilities and for drainage purposes respectively, subject at all times to the proper authorities and to the easern-2nt herein reserved. Owners of lots in this subdivision shall Lgk 'i�cir titles subject to the rights of public utilities and the public. The filing of this Bill of Assurance and plat for record in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski CounLy shall be a valid and complete delivery and dedication of the streets and easements shown on the said plat subject to the limitations h rcir, set out. Hereafter, conveyance and description of any of said lands by tract or lot number as shown on said plat shall be a proper and sufficient description thereof, each such tract or lot to be located and to'have the bounds and dimensions shown on said plat. The Grantors hereby reserve the right to use any surplus dirt in said streets for their own use and benefit and for the use and benefit of such persons, firms or corporation as it may specifically designate. The tracts or lots in said subdivision shall be sold by the Grantors and shall be purchased by the buyers Lheroof suhjnf:t to the following convenants, which, subject to being amended or canceller as hereinafter provided shall be and remain in full force and affect until January 1, 1999, to -wit I AND IIRF RIM nTr,lr. TVDF7 ANin NF'TrPT PPgTRTr TTnRiq Said land hnrein plat Led shall be hold, owned and used only as duplex residental building sites. No structures shall bn er.ncLnd, altered, placed or permitted to remain on any building] iLr, ollhnr than a double -occupancy duplex family dwelling, including provisions and space for private parking and other out -buildings and facilities incidental and related to residental use of the premises. BUILDING LOCATION: No building shall be located on any building site nearer. to Lho front property line or nearer to the side street line than Lhe minimum building setback lines shown on the recorded plat. LOT AREA AND IUIDTH: No lot shall be subdivided without the written consent of Grantors and the Little Rock Planning Commission first had and obtained, and in any event no dwelling shall be erected or placed on any building site (without first obtaining a valid permit issued by the City of Little Rock). n 8nnmr7niTQ_. (a) Easements of way for streets as shown on the plat filed hercuiit have heretofore been donated and dedicated to the public, and the persons, firms or corporations engaged in supplying public utility services, the same being without limiting the generality of the foregoing, electric, power, gas, telephone, water and sewer, shall have the right to use and occupy said easements of way and streets for the installation, maintenance, repair and replacement of such utility services. Easements for the installation, mainLamince 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 filed herewith for a more specific description of the width and location thereof. No excavations within the area of such easements for the erection of any fences (wood, wire, stone or brick) or for any other. pur{insps r . . r shall be made which mould interfere with the installation, maintenance, repair and replacement of any utility service. RIIITC/1nIrC-c. No noxious or offensive activity shall be carried on upon any tract or lot. Nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighbor`lood. TEMPORARY STRUCTURES: No trailer, basements, 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, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. Provided, that nothing in this paragraph, nor any other provision of this instrument, shall prevent the construction of any emergency protective shelter on any dwelling site. No such shelter shall be used for human habitation, temporarily or permanently, except in the event of an emergency of the nature that said shelter is designed to protect against. SIGNS: No sign of any kind shall be displayed to the public view on any building site, except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder or developer to advertise the property during construction and sales period. OIL AND MINING OPERATIONS: No oil drilling, oil development operations, 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 union 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. LIVESTOCK AND POULTRY: No animals, livestock or poultry of any kind shall be raised or kept on any building site, except that dogs, cats or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose. SIGHT DISTANCE AT INTERSECTIONS: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner tract or lot within the triangular area formed by the stre.,-,t property lines and a line connecting them at points twenty-fi,43 (25) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property line with the edge of a driveway or alley pavements. No tree shall be permitted to remain within surh distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. AMENDMENTS: Any and all of the covenants, provisions or restrictions set forth in thib Bill of Assurance may be amended, modified, ox- tended, changed or cancelled, in whole or in part, by a written instrument signed and acknowledged by the owner or owners of over fifty per cent (50-) in area of the land in this sub- division, and the provisions of such instrument so executed shll be binding from and after the date it is duly fi.lyd for. record in Pulaski County, Arkansas. This shall be in all cases the amending procedure except that the Little Rock Planning Commission must approve any change in this instrument which involves an ordinance requirement of the City of Little Rock, Ark. FI FIIATTnAi. The minimum finished floor elevation is to be 339.001 above sea level as established by the Corps of Engineers Fourche Creek and Tributaries Flood Plain Report, Plate 28 100 year elevntinns. DURATION: These covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land, and shall remain in full force and effect until January 1, 1999, unless amended, extended, or cancelled as authorized hereinhefor.n. SEPARABILITY: Invalidation of any restriction set forth herein, or any party thereof, by an order, judgment or decree of any court, or other- wise, shall not invalidate or affect any of the other restrict- ions, or any part thereof, as set forth herein, but they sh:-111 remain in full force and effect. IN WITNESS WHEREOF, this instrument is executed in the ncaimof Nebling Park Subdivision by its duly authorized, undersigned officers this 20 of August, 1931. L TLE ROCK PLANNING Issi �UPR VE o C eJ 4-, 19& NEBLING PARK SUBDIVISION CHARLES L. CL TON, SR. CECILIA C. CLIFTdN ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day of August, 1981, before me, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Charles L. Clifton, Sr, and Cecilia C. Clifton, to me personally well known, who stated that they were the authorized officers of Nebling Park Subdivision and were duly authorized in their respective capacities to execute the foregoing instru- ment for and in the name and on behalf of said Subdivision, and further stated and acknowledged that they had so signed, exe- cuted and delivered said foregoing instrument for the consider- ation, uses and purposed therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of August, 1901. Notary Public My commission expires: L J OFFICE OF COMPREHENSIVE PLANNING 196I SEP _4 PM 2_ 45 �4a SUBDIVISION FEES iIs.TY f", C iOfl; LE RQ itW - PRELIMINARY FEES. . . . . . . . . . . .$ FINAL FEES . . . . . . . . . . . . . . .$ STREET NAME MARKERS .$ OTHER . . . . . . . $ SUBDIVISION F NAMEza J FILE NO. DATE'