HomeMy WebLinkAboutS-0109-D ApplicationIM
CITY OF LITTLE ROCK, ARKANSAS
DEPARTMENT OF -NEIGHBORHOOD REVITALIZATION AND PLANNING
FILING FEES
- ,19:
Annexation. . . . . . . . . . . . . . . . $
Board of Adjustment Application. . . . . . . $
Conditional Use Permit - $
Final Plat . . . . . . . ..NO + "y
Planned Unit Development
Preliminary Plat V''{
Rezoning Application, _ $
Site Plan (Multiple Building/Zoning) $
Special Use Permit . . . . . . . $
Street, Alley, or Easement Closure . . . . $
Street Name Change . . . . . . . . . . . . . $
Street Name •9igr�s : I Signs at ea,. $
TOTAL $
File Ha.: Address: ,h...
Applicant By:
0
BILL OF ASSURANCE
AND PLAT
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, BAILEY CORPORATION, an Arkansas
("Developer"), is the owner of the following property:
FILED In_r-roRDED
95 M ) PPi 2: 58
F' ' y IS -IT LEY
CI,C€jg4, I Y CLERK
corpporate
All that real property situated in Little Rock, Pulaski
County, Arkansas, which is more particularly described on
Exhibit A attached hereto and made a part hereof;
as shown on the Plat (hereinafter defined) as Lots 14-19, Andover
Square Phase IV, an Addition to the City of Little Rock, Pulaski
County, Arkansas ("Phase IV");
WHEREAS, by Ordinance No. 13,433 passed on April 18, 1978, the
City of Little Rock approved a planned unit development of
approximately 9.42 acres and rezoned said land to "PRD" Planned
Residential District (the "PRD Land"), which PRD Land included, but
was not limited to, the Phase IV property;
WHEREAS, Developer has previously platted and developed the
remainder of the PRD Land for a condominium project by filing in
the Office of the Circuit Clerk and- Ex -Of ficio Recorder for Pulaski
County, Arkansas:
(a) A certain Master Deed on March 31, 1980 as Instrument No.
80-14120, with By -Laws as Instrument No. 80-14121, and an Amendment
to Master Deed on April 26, 1985 as Instrument No. 85-21981, all
pertaining to the Andover Square Horizontal Property Regime;
(b) A certain Master Deed on May 25, 1983 as Instrument No.
83-25629, with By -Laws as Instrument No. 83-25632, an Amendment to
Master Deed on April 26, 1985 as Instrument No. 85-21995, and a
Declaration of Amendment on February 6, 1986 as Instrument No. 86-
07661, all pertaining to the Andover Square Horizontal Property
Regime Phase II;
(c) A certain Master Deed on April 11, 1985 as Instrument No.
85-18711, with By -Laws as Instrument No. 85-18712, pertaining to
the Andover Square Horizontal Property Regime Phase III;
(the original Andover Square Horizontal Property Regime, together
with Phase II and Phase III, being hereinafter referred to as the
"Rectime") ;
WHEREAS, by the By -Laws referenced above,
Andover Square Horizontal Property Regime ("a
condominium within the Regime and pay fc
repairs to the common elements within the,.
c- MGClB.Bry1V.B03 'I
ormed the
sess each
rance and
WHEREAS, ASHPR has executed an Agreement with Developer
pursuant to which ASHPR has granted Developer a private access
easement as therein described over Regime property for the use and
benefit of Phase IV (the "Phase IV Access");
WHEREAS, Developer shall cause to be incorporated a non-profit
corporation to be known as The Andover Square Phase IV Property
Owners' Association, Inc. (the "POA11) for the purpose of adminis-
tering the maintenance of the common area roadway and amenities in
Phase IV;
WHEREAS, each owner of a Lot within Phase IV will be a member
of the POA;
WHEREAS, it is deemed advisable that the Phase IV property be
subdivided into building lots and access and utility easements as
shown on the Plat filed herewith, and that said Phase IV property
be held, owned and conveyed subject to the protective covenants
herein contained, in order to enhance the value of the Phase IV
property.
NOW THEREFORE, Developer, for and in consideration of the
benefits to accrue to it, its successors and assigns, which
benefits it acknowledges to be of value, has caused to be made a
Plat showing a survey made by Joe D. White, Registered Land
Surveyor, and Timothy E. Daters, Registered Professional Engineer,
dated March , 1995, and bearing a Certificate of Final Approval
executed by the Little Rock Planning Commission, and showing the
boundaries and dimensions of the property now being subdivided into
lots and access and utility easements (the "Plat"). The Plat is
simultaneously herewith being filed in the Office of the circuit
Clerk an Ex-Officio Recorder for Pulaski County, Arkansas in Plat
Book at Page e2l(,f., and is made a part hereof by this
reference.
There are shown on said Plat certain easements for access and
utilities which Developer hereby donates and dedicates to and for
the use of public utilities, the same being, without limiting the
generality of the foregoing, electric power, gas, telephone, water,
sewer and cable television, 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; provided, however,
that except to the extent such suppliers of utilities require
access to Phase IV, the access easements shall be deemed for the
private use and enjoyment of the owners of Lots within Phase IV,
their guests and invitees, only.
The filing of this Bill of Assurance and Plat for record in
the office of the Circuit Clerk and Ex-Officio Recorder for Pulaski
County, Arkansas shall be a valid and complete delivery and
vm Maae.akyrv.eoa - 2 -
dedication of the utility easement, subject to the limitations
herein set out.
The property embraced in the Plat shall be forever known as
"Lots 14-19, Andover square Phase IV, an Addition to the City of
Little Rock, Pulaski County, Arkansas" and any and every deed of
conveyance of any Lot in Phase IV describing the same by the number
shown on said Plat shall always be deemed a complete and sufficient
description thereof.
The Phase IV property herein platted and any interest therein
shall be held, owned and conveyed subject to and in conformity with
the following covenants:
1. Use of Property. The Property shall be held, owned, used
and conveyed only as residential patio home building sites. No
improvement shall be constructed or maintained upon any Lot and no
alteration or repainting to the exterior of a structure shall be
made and no landscaping performed unless first approved by the
Architectural Control Committee.
2. Height and Type of Residence. The residences in Phase
IV shall be of similar size and architectural style so as to create
a neighborhood of architectural continuity. All construction shall
be approved by the Architectural Control Committee, in its sole and
absolute discretion, as further provided for in Section 10 of this
Bill of Assurance. No structure shall be erected, altered, placed
or permitted to remain on any Lot in Phase IV other than one
detached single-family residence not to exceed two stories in
height.
3. Setback Requirements. No residence shall be located on
any Lot nearer to the front or rear lot line than the minimum
setback lines shown on the Plat; provided, such setback require-
ments may be modified if such modification is approved by the
Architectural Control Committee, and the Little Rock Planning
Commission or the Little Rock Board of Adjustment, and such other
regulatory agency as may succeed to their functions. No building
shall be located nearer than FI:VL: ( 5 ) feet to an interior lot
side line. For the purposes of this covenant, eaves, steps and
porches not under roof shall not be considered as a part of the
building.
4. Minimum Square Feet Area. No residence shall be
constructed or permitted to remain on any Lot in Phase IV unless
the finished heated and cooled living area, exclusive of porches,
patios, garages, breezeways, exterior stairways, porte cocheres,
storage areas and outbuildings, shall equal or exceed 1,800 square
feet, but measure no more than 2,200 square feet. Finished heated
and cooled living area shall be measured in a horizontal plane to
the face of the outside wall on each level.
mni/MGC/Ha1kytV.H03 - 3 -
5. Frontage of Residence on streets. Any residence erected
on any Lot in Phase IV shall front or present a good frontage on
Andover Ridge, as said access easement is reflected on the Plat.
6. 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 chain link or similar fences are in all events
strictly prohibited and shall not be used under any circumstances;
provided, further, that it is not the intention of this paragraph
to exclude the use of evergreens or other shrubbery to landscape
the front yard. Fencing of any type and its location must be
approved by the Architectural Control Committee; in no event shall
fencing be permitted within the fifty foot buffer area on the east
end of the Lots.
7. Sight Line Restrictions. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between two and
six feet above the roadway shall be placed or permitted to remain
on any corner Lot within the triangular area formed by the street
property lines and a line connecting them at points fifty (50) feet
from the intersection of the street lines, 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 line connecting them at
points fifty (50) feet from their intersection.
8. Property Lines and Boundaries. Iron pins have been set on
all Lot corners and points of curve and all Lot dimensions shown on
curves are chord distances, and all curve data as shown on the Plat
filed herewith is centerline curve data. In the event of minor
discrepancies between the dimensions or distances as shown on the
Plat and actual dimensions and distances as disclosed by the
established pins, the pins as set shall control.
9. Driveway obstructions. No obstruction shall be placed in
the street gutter. Curbs shall be saw cut at driveways with a
diamond blade, and driveway grades lowered to meet the gutterline
not more than two inches above the gutter grade.
10. Architectural Control. Until a home has been constructed
on each Lot and certificates of occupancy issued therefor, the
Architectural Control Committee shall be comprised of two (2)
representatives of ASHPR, one (1) representative of Developer, one
(1) representative of the Phase IV architect, one (1) representa-
tive of the Phase IV builder, and, after the first Lot is sold, one
(1) representative of the owners of the Lots. once a home has been
constructed on each Lot and a certificate of occupancy issued
therefor, the Architectural Control Committee shall consist of two
(2) representatives of ASHPR, two (2) representatives of the owners
of the Lots, and one (1) representative from the property manage-
ment firm employed by ASHPR. The Architectural Control Committee
oonYMGC/B&iLy1V.B03 - 4 -
shall have the responsibility of assuring that the Phase IV
development is architecturally and aesthetically compatible with
the Regime, and shall use the following guidelines:
(a) All homes on the Lots will have similar materials for the
exterior of the structure, including roof, brick, window treatment,
and trim materials, and such materials shall be similar to those
used in the Regime.
(b) Landscaping of the Lots will be consistent with existing
landscaping in the Regime.
(c) All buildings shall be constructed no nearer to Andover
Ridge than the building lanes shown on the Plat and shall be
constructed in conformity with the Building Code and Zoning
Ordinances of the City of Little Rock, Arkansas.
Plans for any structure on a Lot shall be submitted to the
Architectural Control committee for approval prior to construction.
Any changes to the exterior plans must be approved by the Architec-
tural control Committee. The Architectural Control Committee shall
have fourteen (14 ) days to review the request. After fourteen (14 )
days, if the Architectural Control Committee has not taken action,
the plans will be considered to be approved.
11. Lot Subdivision. No Lot shall be subdivided or split.
12. Common Amenities. The roadway within Phase IV designated
on the Plat as "Andover Ridge," and all improvements thereon,
including but not limited to paving, curbs, gutters, lighting,
irrigation systems and walls, and the three private access
easements shown on the Plat between Lots 1 and 2, Lots 3 and 4, and
Lots 5 and 6, shall be maintained by the POA, except for public
utility improvements which are maintained by such public utilities.
13. ASHPR Access Fee. In consideration for ASHPR granting
Developer, its successors and assigns, the Phase IV Access over
Regime property for the use and benefit of the Phase IV property,
each Lot owner shall pay to ASHPR an annual fee to be used by ASHPR
to maintain the Phase IV Access (the "Access Fee"). Initially, the
Access Fee shall be $60.00 per Lot; the Access Fee shall be
increased or decreased annually by the same percentage as the ASHPR
fees pertaining to the Regime property payable to ASHPR are
increased or decreased; provided, however, that the Access Fee
shall never be less than $60.00 per Lot. The Access Fee for each
Lot shall be assessed and paid upon the issuance of a certificate
of occupancy for the home on that Lot, prorated for the first year
as of said date. Thereafter, the Access Fee shall be due and
payable to ASHPR in advance on the f irst day of January of each
year. The Access Fee shall run with and constitute a lien upon
each Lot, independently of the other Lots.
cmkVMGGBaa ey1V.BO3 - 5 -
14. ASHPR Security Gate. ASHPR has the right, after a Vote
(as defined below), to install a security gate at the north
entrance to the Phase IV Access. In the event ASHPR purchases and
installs such a security gate, the Phase IV property shall be
assessed one -seventh of the cost of purchasing and installing, and
making repairs to, the gate (the "ASHPR Gate Assessment"), with
each Lot being assessed one -sixth of the ASHPR Gate Assessment.
The ASHPR may take a vote on whether to install a security gate, in
which event the owners) of each Lot get one vote per Lot,
including the Developer for each Lot it owns at the time of the
vote, and the votes of the Lot owners shall, in the aggregate,
count as one -seventh of the votes on the issue, with all ASHPR
votes counting as the other six -sevenths (the "Vote"). If the
ASHPR Gate Assessment is levied after a Vote, it shall be due and
payable to ASHPR within thirty (30) days after ASHPR delivers to
each Lot owner written notice of the total cost of the gate
acquisition, installation, maintenance or repairs, as applicable.
15. Creation of obligation for Assessments. By acceptance of
a deed or other conveyance of any Phase IV Lot, each Lot owner
shall be deemed to covenant and agree to pay any assessments,
charges and/or special assessments (including any assessments for
Replacement Reserves) which may hereafter be levied by the POA for
the purpose of promoting the recreation, health, safety and welfare
of the owners within Phase IV, in particular for the maintenance of
the common amenities described in Section 12 hereof, and generally
for the acquisition, servicing, improvement, landscaping and
maintenance of common properties or common areas within Phase IV
and facilities which may be hereafter dedicated by Developer for
common area use or otherwise acquired by the POA, together with the
Access Fee and the ASHPR Gate Assessment. These charges, fees and
assessments shall be a continuing lien upon each Lot against which
they are assessed.
16. Right to Enforce. The restrictions herein set forth
shall run with the land and shall bind the present owner, its
successors and assigns. All parties claiming by, through or under
Developer shall be taken to covenant with the owner of the lots
hereby restricted, and its successors and assigns, to conform to
and observe these restrictions. No restriction herein shall be
personally binding upon any corporation, person or persons, except
with respect to breaches committed during its, his or their term of
holding title to said Lot. Developer, its successors and assigns,
and also the owner or owners of any of the Lots hereby restricted
shall have the right to sue for and obtain an injunction, prohibi-
tive or mandatory, to prevent or terminate the breach of or to
enforce the observance of the restrictions above set forth, in
addition to ordinary legal action for damages, and failure by any
owner or owners of any Lot or Lots in Phase IV to observe any of
the restrictions herein. Any delay in bringing such action shall,
in no event, be deemed to be a waiver of the right to do so
thereafter.
conUMGC/Bai1cy1V.B03 - 6 -
17. Delegation of Authority_. Developer shall have the
right, but not the obligation, by a written instrument recorded in
the Office of the Circuit Clerk and Ex-Officio Recorder for Pulaski
County, Arkansas, to delegate, convey and transfer to the POA all
authority, rights, privileges and duties reserved, retained or
assumed by Developer in this Bill of Assurance.
18. Easements for Public Utilities. Easements for the
installation, maintenance, repair and replacement of utility
services 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 thereof. No trees,
shrubbery, incinerators, structures, buildings, fences or similar
improvements shall be grown, built or maintained within the area of
such utility easements. In the event any trees, shrubbery,
incinerators, structures, buildings, fences 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 the destruction of same
in the installation, maintenance, repair or replacement of any
utility service located within the area of such easement.
19. Private Roadway. The Andover Ridge roadway within Phase
IV is a private access easement for vehicular traffic only for the
use of the owners of Lots in Phase IV. An easement is also hereby
granted to the public for access to the Lots in the case of an
emergency created by fire, public safety, or other occurrence
necessitating access to a Lot by any public utility, fire depart-
ment, police department or other public agency. Additionally,
Developer hereby grants to the public utilities the right to use
these areas for utility easements provided such public improvements
are maintained by said public utilities. The POA shall maintain
the private access easement and all private improvements thereon,
including but not limited to street lights.
20. Commercial structures. No building or structure of any
type may ever be placed, erected or used for business, profession-
al, trade or commercial purposes on any portion of any Lot. This
prohibition shall not apply to any business or structure 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 services to Phase IV.
21. Outbuildings Prohibited. No outbuildings or other
detached structure appurtenant to the residence may be erected on
any of the Lots hereby restricted without the consent in writing of
the Architectural Control Committee.
22. Noxious Activity. No noxious or offensive trade or
activity shall be carried on upon any Lot, nor shall any garbage,
trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes
or other refuse be thrown, placed or dumped upon any vacant lot,
GC/B.Oeyrv.B03 - 7 -
road or common areas, nor on any site unless placed in a container
suitable for garbage pickup; nor shall anything ever be done which
may be or become an annoyance or nuisance to the neighborhood.
23. Oil and Mineral 012erations. No oil drilling, oil
development operating, oil refining, quarrying or mining operations
of any kind shall be permitted upon or in any Lot, nor shall oil
wells, tanks, tunnels, mineral excavations or shafts be permitted
upon or in any Lot. No derrick or other structure designed for use
in boring for oil or natural gas shall be erected, maintained or
permitted upon any Lot.
24. Cesspool. No leaching cesspool shall ever be constructed
or used on any Lot.
25. Existing Structure. No existing, erected building or
structure of any sort may be moved onto or placed on any Lot.
26. Temporary structure. No trailer, basement, tent, shack,
garage, barn or other outbuilding erected on a Lot 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.
27. ASHPR Common Area Improvements. Lot owners shall not be
entitled to use the club house, mailhouse, swimming pool or other
common area facilities within the Regime, nor shall ASHPR members
be entitled to use Andover Ridge.
28. Modification of Restrictions. 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 acknowl-
edged by the owner or owners of more than eighty percent (80%) in
area of the total land contained within Phase IV; provided,
however, that the Lot owners may not, without the prior written
consent by majority vote of the ASHPR, amend, repeal or otherwise
alter the Access Fee or ASHPR Gate Assessment payable to ASHPR
hereunder. Each covenant in this instrument, unless expressly
provided otherwise, shall remain in full force and effect until
January 1, 2030 after which time each covenant in this instrument
shall be automatically extended for successive periods of ten (10)
years unless an instrument terminating the covenants signed by the
then owners of eighty percent (80%) of the Lots in Phase IV has
been recorded prior to the commencement of any ten-year period.
29. Attorney Fees. In any legal or equitable proceeding for
the enforcement or to restrain the violation of this instrument or
any provisions thereof, by reference or otherwise, the prevailing
party or parties shall be entitled to attorney fees in such amount
as the court finds reasonable. All remedies provided for herein,
or at law or equity, shall be cumulative and not exclusive.
cmYMGCM&11ry1V.B03 - 8 -
30. Severability. Invalidation of any restriction set forth
herein or any part thereof by any 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 herein, but
they shall remain in full force and effect.
31. FOA Voting Rights. Each Lot will have only one vote or
share of an assessment, regardless of the number of owners of any
Lot.
EXECUTED this J1 day of March, 1995.
City of Little Rock
Planning Commission Approval
STATE OF ARKANSAS
COUNTY OF PULASKI
BAILEY CORPORATION
By: La��i� /- /,�, Pu6"i-0
John Bailey, Pr/1-5sid nt
ACKNOWLEDGMENT
On this day before me, a rotary Public, duly commissioned,
qualified and acting within and for said county and state, appeared
the within named John Bailey, being the President of BAILEY
CORPORATION and who had been designated by said BAILEY CORPORATION
to execute the above instrument, to me personally well known, who
stated he was the President of said BAILEY CORPORATION and was duly
authorized in that capacity to execute the foregoing instrument for
and in the name and behalf of said BAILEY CORPORATION and further
stated and acknowledged that he had so signed, executed, and
delivered said foregoing instrument for the consideration, uses and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal
this <QJ4**' day of March, 1995.
-M PAL
Notary Public
y Commission Expires:
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cm MGC/B.ibyIV.B03 9 •of, 46figa}f����
95 168S9
Exhibit 'A'
Legal Description
Part of the SW1/4, SE1/4, Section 26, T-2-N, R-13-W, Pulaski
County, Arkansas, more particularly described as: Starting at the
Northeast corner of Tract 'A', Andover Square, an Addition to the
City of Little Rock, Arkansas; thence Southeasterly along the arc
of a 286.48 ft. radius curve to the left, having a chord bearing
and distance of S7101312311E, 154.30 ft. to a point; thence
S86°4611311E, 5.00 ft. to a point on the West line of Sheraton Park
Addition to the City of Little Rock, Arkansas; thence S0105810911W,
369.35 ft. to a point; thence N88010129"W, 177.61 ft. to a point;
thence N02015113"E, 310.21 ft. to a point; thence N4200612711W,
43.01 ft. to a point; thence N3705511011E, 90.71 ft. to the point of
beginning, containing 69,277 sq. ft. or 1.59 acres more or less.
City of Little Rock r En ineering Division
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CIVIL ENGINEERING RESPONSE
The Civil Engineering Requirements for Filing of Final Plats
have been satisfied. Approval for filing of this plat can
be issued O S dA2E
Signed By
3�23�9r
R:-:Y,F_-R,KS .
CLR PUBLIC WORKS DEPT.
DATE
TO
AGENCY
FAX
FROM
AGENCY
FAX #
PHONE #
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