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HomeMy WebLinkAboutS-0138-E ApplicationCITY OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. DATE , 19 Annexation. . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . . . . $ Conditional Use Permit j�.J T9 - $ Final. Plat . . . . . . $ Planned Unit Development .JUN.1.3 19$5 • $ Preliminary Plat PITYoFL1T LE ROCK. - $ Rezoning Applieation'.. . BUILDING CODE $ - ;• Site Plan (Multiple Building/Zoning) $ Special Use Permit . . . . • . • . . . • - Street, Ailey, i Easem ent 'Closure . . . . $ f Street Name Charge • . • . . . �— . Street Name Signs: # Signs at ea. $_ _ TOTAL File No.: S- Address: F)x cW� rV, Applicant: i By: - City of Little Rock Engineering Division DeNar;rlem of 701 Yresi m a••.nd— Pub;lc WO!ks Lmle Rock. Arkarsps 371-tsli =AX tt: CIVIL ENGINEERING RESP014SE The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued o r. -yC f v-; 1/4e lz-D Signed By �p REM,P.RK S fO CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX # FROM AGENCY FAX # PHONE TOTAL PAGES PLAT AND BILL OF ASSURANCE FOXCROFT VILLAGE LIMITED LIABILITY COMPANY TO THE PUBLIC WHEREAS, Foxcroft Village Limited Liability Company, an Arkansas Limited Liability Company (the Company), is the owner of the following described land lying in the County of Pulaski, State of Arkansas, to -wit: Lot 1-13, Foxcroft Woods Addition to the City of Little Rock, Pulaski County, Arkansas, being a replat of Lot 1, Foxcroft Woods Addition to the City of Little Rock, Pulaski County, Arkansas. AND, it is deemed desirable that the above described property be now subdivided into building lots and streets as shown on the attached plat, and that said property be held, owned and conveyed subject to the protective covenants herein contained: NOW, THEREFORE, the Company, for and in consideration of the benefits to accrue to it, which benefits it acknowledges to be of value, has caused to be made a plat, hereto attached, showing survey made , signed by Samuel L. Davis, a Registered Professional Engineer, and bearing a certificate of approval executed by the Little Rock Planning Commission, and showing the bounds and dimensions of the property now being subdivided into lots and streets; and said Company hereby donates and dedicates to the lot owners fee title to the streets as shown on said plat to be used as private streets. In addition to the said streets, there are shown on said plat certain easements for drainage and utilities which Ole- r'nmpany hereby donates arri 1--.1icates to and for the use of 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 the supplying of such utility services, and to the extent set forth herein only, 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. Said utility easements shall also be subject to use by the owners of abutting lots for the sole purpose of installing and maintaining such underground electric and telephone service conductors as may be necessary to connect the service lines of owners to the service pedestals installed by the said utilities. The filing of this Plat and Bill of Assurance for record in the office of the Circuit Clerk & Ex-Officio Recorder of Pulaski County, Arkansas, will be a 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 " Foxcroft Village Addition to the City of Little Rock, Arkansas", and any and every deed of conveyance for any lot in said Addition describing the same by the number or numbers shown on said plat shall always be deemed a sufficient description thereof. Said land 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 hereafter provided, with the exception of paragraphs 6 and 7, which shall be perpetual, shall be and remain in full force and effect until January 1, 2025, to -wit: 1. LAND USE AND BUILDING TYPE. Said land herein platted shall be held, owned and used only as residential building sites except as otherwise shown on said plat. 2. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any property in this Addition until the building plans, specifications, exterior color scheme and plot plan showing the location and facing of such building with respect to -2- existing topography, adjoining streets and private drives, and finished ground elevations have been approved in writing by the Property Owners Association. In the event the Property Owners Association fails to approve or disapprove any plans, specifications, exterior color scheme, or plot plan submitted to it as herein required within thirty days after such submission, this covenant shall be deemed to have been fully met by the person submitting such plans for approval. Nothing herein contained nor the required consent of the Property Owners Association shall in any way be deemed to prevent any of the owners of the property in this Addition from maintaining any legal action relating to improvements within this Addition which they would otherwise be entitled to maintain. There shall be no compensation to the Property Owners Association for the services to be performed pursuant to this provision. 3. MINIMUM PRINCIPAL DWELLING SIZE. The square foot area of the residential portion of each principal structure shall be not less than 1700 square feet. 4. BUILDIN L ATION. No building shall be located on any building site nearer to the lot line than shown on the plat and/or the site plan. The foundation on the east side of the building on Lot 13 and the foundation on the west side of the building on Lot 14 must be founded at a depth below the flow line of the fifty-four inch (54") storm water detention pipe, which lies between these two building sites. 5. SUBDIVISION RESTRICTION. No lot shall be subdivided. 6. EASEMENTS. Easements of way for streets as shown on the plat filed herewith have heretofore been donated and dedicated to 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, and said persons, firms or corporations shall have the right to use and occupy said easements of way and streets for -3- the installation, maintenance, repair and replacement of utility services, sewer and drainage having heretofore been reserved, said easements being of various widths, references being hereby made to the Plat filed herewith for a more specific description of width and location thereof. The electric and telephone facilities are underground, and it is necessary for the electric and telephone utilities to have separate easements for their service pedestals and transformer vaults. Therefore, certain easements ten feet by ten feet, as shown on the Plat, are hereby dedicated solely for such electric and telephone utility purposes. Any alterations or lowering of the surface grade of the ground in any easement and the area immediately adjoining such easement are prohibited which would result in there being less than 30 inches of clearance either vertically or horizontally between the surface grade and the underground electric cables and conductors supplying electric power and service, and as the electric distribution transformer stations and service pedestals are located on surface grade, fills within the area of the said easements and upon the lands adjacent thereto which will damage or which will interfere with the installation, maintenance, operation and replacement of the, electric and telephone cables, facilities and equipment, and the supplying of service from such equipment are also prohibited. No trees, incinerators, structures, buildings or similar improvements 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 (wood, wire, stone or brick) or for any other purposes shall be made which would interfere with the installation, maintenance, repair and replacement of any utility service. In the event any trees, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easement, no utility will 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. -4- 7. UTILITIES. 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 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 residential lot. All owners of lots shall dig and backfill, in conformity with applicable code requirements and other regulations, a ditch approximately four inches wide and eighteen inches deep from the point of service to the point of use for the installation of telephone service. 8. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No trucks, commercial vehicles or inoperative vehicles may be stored on the premise or parked on the premises other than for making routine deliveries. 9. 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 square feet advertising the property for sale or rent. 10. 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 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. -5 - 11. 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. 12. SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than 30 inches above the roadways, 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 35 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 with a line connecting them at points 50 feet from their intersection. The same sight line limitation shall apply on any lot within ten feet from the intersection of the street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a height of eight feet to prevent obstruction of such sight lines. 13. FENCES. The design, construction and materials of any fence, hedges, wall or mass plantings must be approved by the Property Owners Association, as provided in paragraph 2 above. 14. ACCESS. No obstruction shall be placed in the street gutter; curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 15. PROPERTY LINES AND BOUNDARIES. Iron pins will 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 attached plat are center line curve data. in the event of minor discrepancies between the dimensions or distances as shown on the M attached plat and the actual dimensions or distances are disclosed by the established pins, the pins as set shall control. 16. ENFORCEMENT. In the event of any violation or attempt to violate any of the covenants or restrictions herein before the expiration date hereof (whether the original expiration date or the expiration date of any extension thereof), it shall be lawful for any person or persons owning any lots in this Addition, or any utility company owning utility facilities in any utility or street easement, to prosecute any proceedings at law or in equity against a person or persons violating or attempting to violate such covenants or restrictions, either to prevent him or them from so doing or to recover damages for such violations. 17. PROPERTY OWNERS ASSOCIATIQNN. The purchaser or owner of any property in the Addition, by acceptance of title agrees to become and shall be a member and have membership in the Property Owners Association, a nonprofit corporation. The Articles of Incorporation or Bylaws of said Association provide, or will provide, that, among other purposes and duties of said Association, are the enforcement of all the restrictions, covenants and conditions contained in this Bill of Assurance and the maintenance and repair of the common areas throughout the Addition. Any purchaser or owner of properties within said Addition agrees to pay the said Association annual dues or assessments for such purposes, the amount of which shall be established by the Board of Directors of The Property Owners Association at least thirty (30) days prior to the assessment date. Such assessments may include amounts to create and maintain a fund to pay legal and other expenses incurred by The Property Owners Association in assisting or resisting zoning applications and related development activities in areas in the vicinity of Foxcroft Village Addition to the City of Little Rock. -7- A lien shall exist and shall continue to exist on each lot in the Addition for the amount of annual dues or assessments until the same is fully paid. The Association shall have the right, power and authority to add a penalty not to exceed twenty percent (20%) for failure to pay such annual dues or assessments and to enforce the collection of all dues, assessments and penalties, if not paid within a time to be fixed by it, by proceedings in the Chancery Court of Pulaski County, Arkansas, the same as other liens are enforced on lands located in said county and said lien shall cover and include such penalties and all costs incurred in enforcing the same. The Articles of Incorporation and Bylaws of said Association will provide that such purchases or owner of a lot in said Addition shall be entitled to one vote at all elections and on all other matters that may come before a meeting of the members, provided that if any member of said Association shall be the purchaser or owner of more than one lot in said Addition, he shall be entitled to as many votes as the number of lots purchased or owned by him. The Company and professional builders shall be exempt from paying dues on lots until such time as a house is completed and sold to the original homeowner. 18. AMENDMENTS. Any and all 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 over fifty percent (50%) of the lots covered by this Bill of Assurance. The covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect unless and until amended or canceled as authorized hereinabove. Provided, however, no amendment to this Bill of Assurance, which closes, alters, relocates or in any manner affects any easement shall be effective unless such amendment has been executed by each utility having facilities situated in this Addition. In 19. 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 herein, but they shall remain in full force and effect. IN WITNESS WHEREOF, the Company has caused these presents to be executed by its duly authorized Managing Partners on the /D day of 1995. Liability Company William R. Lile, Managing '® ACKNOWLEDGEMENT STATE OF ARKANSAS ) ) SS. COUNTY OF PULASKI ) BE IT REMEMBERED, That on this day before me, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in persons the within named, William R. Lile and Kelley D. Johnson, Managing Partners of Foxcroft Village Limited Liability Company, who stated that they were duly authorized to execute the foregoing instrument, and further stated and acknowledged that they 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 official seal this /0 day of , 1995. Notaryublic SUZANNE OLIVE CommissionExpires] - G� NOTARY PUBLIC PULASKI COUNTY, AR -10-