HomeMy WebLinkAboutS-0155-C ApplicationDoc# 20O2155783
acknowledged that she executed the same for the purposes
therein contained.
In witness whereof I hereunto set my hand and official
seal.
My Commission Expires:
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APPROVED:
Notary Public
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LITTLE ROCK PLANNING COMMISSION
Reviewed only for inclusion of minimum standards
required by the City of Little Rack sabdivWon replatiorls,
]3y . Bill of Assurance provisions established by ht c o
Little Hock subdivision and zoning ordinances.
Title:
CRa le Flock Planning commission
11
of Little Rock
wI,o
Department of 701 We6 Markham
Public Works Little Rock, Arkansas 72201-1300
371-4811 Fax 371-4460
CIVIL ENGINEERING RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN JJ
BE ISSUED P, t TZ i/O i Piz-14 et* h �s A/b• Z d c 7` � 7�17'v
SIGNED BY ENGINEER
SIGNED BY SURVEYOR
SIGNED BY 911 ADDRESS COORDINATOR
DXF. DISKETTE PLAT OV e c D
DXF DISKETTE STORM DRAIN N c c
REMARKS
Division
(b) If any term, covenant, provision, phrase or other part
of this instrument is held to be invalid or
unenforceable for any reason, such holding shall not
be deemed to affect, alter, modify or impair in any
manner whatsoever the remaining terms, provisions,
covenants and parts thereof.
EXECUTED this ? /S 7L day of , 2002.
R. Graham Smith
Qc`,1'eq , gf-f\
Danea D. Smith
ACKNOWLEDGMENT
STATE OF ARKANSAS)
) ss.
COUNTY OF PULASKI)
On this the ,21_ day of June, 2002, before me, the
undersigned officer, personally appeared R. Graham Smith,
known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and
acknowledged that he executed the same for the purposes
therein contained.
In witness whereof I hereunto set my hand and official
seal.
My Commission Expires:
of -- E - 1
STATE OF ARKANSAS)
) ss.
COUNTY OF PULASKI)
Notary Public
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ACKNOWLEDGMENT �� ' •� Cau • •' ��
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On this the -L-L day of June, 2002, before me, the
undersigned officer, personally appeared Danea D. Smith,
known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and
10
City of Little Rock
Planning and Development
Filing Fees
Date: 6. L N .20 0'Z-
Annexation
Board of Adjustment
Cond. Use Permit/T.U.P.
Final Plat
Planned Unit Dev.
Preliminary Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at
Public Hearing Signs
Number at _ea.
Total
File '`T^
Loc
$Cl Y CF LITTLE ROCK
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BILL OF ASSURANCE
OF
2002155783
06/27/2002 09:43:34 AM
Filed & Recorded in
Official Records of
CAROLYN STALEY
F'ULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees f58.0@
RESERVOIR HEIGHTS NO. 2
AN ADDITION TO THE CITY OF LITTLE ROCK
R. GRAHAM SMITH AND DANEA D. SMITH to THE PUBLIC
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, R. Graham Smith and Danea D. Smith (hereinafter
together called the "Grantors") own the following described lands
lying in Pulaski County, Arkansas:
Part of Lots 5 and 6, R.D. Duncan's Addition, Little
Rock, Pulaski County, Arkansas, and part of a closed
street right-of-way South of and adjacent to said Lots
5 and 6, vacated by City of Little Rock Ordinance No.
12,920, more particularly described as:
Commencing at the Northwest Corner of said Lot 5, R.D.
Duncan's Addition, said corner lying on the East right-
of-way of Reservoir Road; thence South 02027120" West
along the West line of said Lot 5, 377.33 feet to an
iron pin; thence South 88040113" East, 23.44 feet to
the point of beginning; thence South 88040113" East,
182.77 feet to an iron pin; thence North 19054132"
East, 41.86 feet to an iron pin; thence North 02044151"
East, 113.35 feet to an iron pin; thence northeasterly
along the arc of a 214.26 foot radius curve to the
left, a chord bearing and distance of North 62041134"
East, 39.39 feet to an iron pin; thence North 57014100"
East, 3.99 feet to an iron pin; thence northeasterly
along the arc of a 115.21 foot radius curve to the
right, a chord bearing and distance of North 75004150"
East, 70.23 feet to an iron pin; thence South 87010143"
East, 52.25 feet to an iron pin; thence southeasterly
along the arc of a 62.20 foot radius curve to the
right, a chord bearing and distance of South 42025152"
East, 87.96 feet to an iron pin; thence South 02055119"
West, 11.80 feet to an iron pin; thence North 87010158"
West 59.95 feet to an iron pin; thence- South 02051158"
West 106.58 feet to an iron pin; thence South 87005110"
East, 60.10 feet to an iron pin; thence South 02035122"
West, 70.31 feet; thence South 48005117" West, 62.51
feet; thence North 86154143" West, 74.40 feet to Rai
iron pin; thence South 86000140" West 19.69 feet` dA art
Prepared by:
Barbara P. Bonds
Attorney at Law
Little Rock, Arkansas
C I► ON
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iron pin on the East line of said Lot 5, thence South
02015115" West along said East line, 158.16 feet to a
point on the South line of the N1/2 of said closed
street right-of-way; thence North 87021111" West along
said South line, 106.43 feet; thence North 04020142"
East, 121.89 feet; thence North 87019130" West, 113.54
feet; thence Northwesterly along the arc of a 57.00
foot radius curve to the right, a chord bearing and
distance of North 43032147" West, 78.87 feet, thence
North 00013157" East 77.65 feet to the point of
beginning, containing 95,861 square feet or 2.2007
acres, more or less
(the "Land") which is shown on the plat attached to and made a
part of this instrument (the "Plat") as Lots 1 through 16
Reservoir Heights No. 2, an Addition to the City of Little Rock,
Pulaski County, Arkansas, being a replat of parts of Lots 5 and
6, R.D. Duncan's Addition, Little Rock, Pulaski County, Arkansas,
and part of a closed street right-of-way; and
WHEREAS, it is deemed desirable by the Grantors that the
Land be subdivided into Lots and common areas; and
WHEREAS, by this Plat and Bill of Assurance, the Grantors
intend to create for their benefit, and for the mutual benefit of
all future owners of the Land, certain rights, easements,
covenants and conditions governing the use, enjoyment and
maintenance of the Land;
NOW THEREFORE, the Grantors, for and in consideration of the
benefits to accrue to them, which benefits they acknowledge to be
of value, hereby plat the Land as Reservoir Heights No. 2, an
Addition to the City of Little Rock. Henceforth, description and
conveyance by such designation or part thereof as shown and
represented on the Plat shall be a proper and sufficient
description for all purposes.
A permanent easement or easements for drainage, for laying
and maintaining sewer pipes and mains, storm sewers, for public
access, and for the installation and maintenance of utilities are
created, excepted and reserved over, across and through the Land
as shown on the Plat.
The land 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 land and
shall be binding upon all owners of the Lots herein platted and
upon their heirs and assigns forever, to -wit:
1. Subdivision of the Land. The Land is hereby subdivided
into sixteen (16) Lots (the "Lots"), which are designated Lots 1
through 16. A portion of each Lot includes area designated as
Common Areal and the balance of the Land is designated Common
2
Area; all as shown and represented on the Plat. Common Area, as
defined herein, means all areas so designated on the Plat of
Reservoir Heights No. 2.
2. Description of Lots. (a) Each of the sixteen Lots is
hereby described and identified as being the fee simple absolute
estate to the real estate designated on the Plat.
(b) Each Lot shall include as an inseparable appurtenance
thereto, the following:
M An undivided interest in the beneficial
ownership of the Common Area in the percentages
set forth in (c) below;
(ii) An easement of enjoyment in and to the Common
Area, subject to Paragraph 3 of this
instrument;
(iii) An easement across the Common Area for the
purpose of foot and vehicular ingress, egress
and regress and the parking of motor vehicles
of the owners of each Lot;
(iv) An easement through and across all Lots and the
Common Area for maintenance, repair and
replacement of the exterior of all Residences
and Common Area; provided, however, no person
may use this easement to gain access to a
Residence without giving the owner 24 hours
prior notice thereof.
(v) An easement of structural support for the
benefit of adjoining Residences and Lots for
every portion of any Lot or Residence which
contributes to the structural support of the
Residence.
(vi) Membership in Reservoir Heights Owners'
Association, as described in Paragraph 5,
together with a pro rata interest in the assets
held by said Association; each Lot owner Is pro
rata interest shall be calculated based upon
the percentage interest which the interior
square footage of the Residence bears to the
total interior square footage of all Residences
in Reservoir Heights No. 2 and all condominium
units in Reservoir Heights Horizontal Property
Regime (the "Pro Rata Interest").
(c) The designation, area and percentage of undivided
ownership of Common Area for each Lot are listed
below, to -wit:
3
Lot No. Area of Residence
1
1100
square
feet
2
1100
square
feet
3
1100
square
feet
4
1100
square
feet
5
1100
square
feet
6
1100
square
feet
7
1100
square
feet
g
1100
square
feet
g
1100
square
feet
10
1100
square
feet
11
1100
square
feet
12
1100
square
feet
13
1100
square
feet
14
1100
square
feet
15
1100
square
feet
16
1100
square
feet
17,600 square feet
Percentage of
Undivided Ownershi
in Common Area
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
6.25%
100%
3. Restrictions on Use. In ❑rder to provide for the
permanent maintenance of Reservoir Heights No. 2 in an
aesthetically attractive manner for the peaceful enjoyment of the
owners thereof and for the protection of the value of the Lots,
the Lots and the Common Area shall be occupied and used subject
to the following restrictions:
(a) There shall be no obstruction of the Common Area.
Nothing shall be stored on the Common Area without the
prior consent of the Board of Directors of Reservoir
Heights Owners' Association. The Reservoir Heights
Owners' Association shall have full power to establish
rules concerning the usage of the Common Area.
(b) The land shall be restricted to use as single family
residences. Offices, boarding houses, tenements,
apartment houses, trailer parks, tourist courts,
motels, hotels, restaurants, eating houses, clubs,
stores, beauty shops, barber shops, commercial
servicing and repairing of every kind, other similar
activities, and each of them are prohibited and shall
not be carried on or permitted- on any part of the
Land. The designation of such specific activities
prohibited shall not limit what is prohibited on the
Land but this restriction shall be construed to
prohibit on the Land each and every business, trade,
activity, and undertaking not in keeping with the
general plan to develop the Land for single family
residences.
(c) No business, trade, activity, or undertaking which is
or may become noxious or offensive shall be carried on
or permitted on any part of the Land nor shall
anything be done thereon which may be or become an
annoyance or nuisance to adjacent owners of real
estate.
(d) With the exception of household pets, no animals,
livestock, or poultry of any kind shall be raised,
bred or kept on any Lot or in the Common Area.
(e) No advertisement, signs, or posters shall be erected
or displayed on or about the Land, except such as may
be authorized in advance by the Reservoir Heights
Owners' Association.
(f) Due care shall be exercised at all times with regard
to noise and all other uses ❑r practices which may be
a source of annoyance to owners of Lots or which may
be a nuisance or may interfere with the peaceful
possession and proper use of the property or premises
of any other person.
(g) No gas piping, electrical wiring, or radio or
television antenna systems shall be installed in or
about the Land without the prior written approval of
the Reservoir Heights Owners' Association.
(h) No building, wall or fence shall be erected or placed
on the Land until complete building plans,
specifications and plot plan showing the location
thereof with respect to existing topography and
finished ground elevations have been approved in
writing by the Grantors, their heirs and assigns. It
is contemplated that the Grantors, in their
discretion, may eventually designate and authorize the
Reservoir Heights Owners' Association to make such
approval but until and unless the Grantors, their
heirs and assigns transfer this authority, the
Grantors shall have complete authority with respect to
such approval. It is the purpose and intent of this
covenant that, in order to assure the owners the
safeguard of a reasonable degree of conformity among
the various buildings in Reservoir Heights No. 2, the
quality, design, and location of all buildings, walls
and fences shall be regulated as provided herein. In
the event the Grantors, their heirs and assigns fail
to approve or disapprove any plan and specification
for a proposed building within thirty (30) days after
submission to it or if no suit to enjoin the erection
or placing of such building has been commenced prior
to the completion thereof, such approval as to such
building will not be required and this covenant will
then be deemed to be fully complied with as to such
building. There shall be no compensation to the
5
Grantors, their heirs or assigns, for services
performed pursuant to this covenant.
4. Architectural Control. In order to assure the
architectural and aesthetic compatibility of properties in
Reservoir Heights No. 2 with Reservoir Heights Horizontal
Property Regime, the following design and development guidelines
shall be applied:
1. All streets and parking areas to have concrete curb
and gutter;
2. All grassy areas to be solid sod bermuda grass;
3. All mature existing trees to remain outside each
building area when practical and the remainder of
each Lot shall be landscaped with appropriate
sprinkler and drainage systems by Grantors at the
time of building construction according to the City
of Little Rock landscaping requirements;
4. All residences (the "Residences") to have similar
brick and frame construction materials;
5. At the time of construction, each Lot owner will be
responsible for providing site improvements per
plans approved by the City of Little Rock,
including an underground drainage system for
surface and downspout water across each Lot which
can be connected with each adjoining Lot's drainage
system and a retaining wall, if necessary, along
any buffer strips required by the City of Little
Rock;
6. Minimum square footage for each Residence shall be
1,100 square feet, heated and cooled;
7. All Residences shall be constructed in conformance
with the building lines shown on the Plat and with
the Building Code and Zoning Ordinance of the City
of Little Rock, Arkansas.
5. Common Walls. As used herein the term "Common Wall"
means the wall situated on the common property line between
adjacent Lots and the portions of the roof and foundation of the
buildings above and below such wall. All reasonable costs of
maintenance, repair and restoration of Common Walls shall be
borne equally by the owners of the adjacent Lots to which the
Common Wall pertains. The general rules of common law regarding
party walls and liability for property damage due to negligence
or willful acts or omissions are expressly incorporated herein
and shall apply to the Common Walls.
6. Administration of the Common Area. (a) The
administration of the Common Area shall be vested in the
Reservoir Heights Owners' Association, consisting of all owners
of Lots now or hereafter included in Reservoir Heights No. 2 and
all owners of condominiums in Reservoir Heights Horizontal
Property Regime. Upon acquiring title to a Lot, the owner or
owners shall automatically become members of the Reservoir
Heights Owners' Association and shall retain membership until
such time as his or her ownership ceases for any reason, whether
by sale or otherwise.
(b) Responsibility for the actual operation of Reservoir
Heights Owners' Association shall be reposed in the
Board of Directors of the Reservoir Heights Owners'
Association in accordance with the provisions of this
Bill of Assurance and the Bylaws of the Reservoir
Heights ❑wners' Association. The Board of Directors
shall be responsible to the Reservoir Heights Owners'
Association, but may delegate the responsibility for
the operation and administration to a managing agent.
7. Lien for Ex enses of Administration and Maintenance.
(a) The Owners of Lots are bound to contribute in their Pro-Rata
Interest toward the expenses of administration, of maintenance
and repair of the Common Area and the common area of Reservoir
Heights Horizontal Property Regime, of maintenance and repair of
the exterior portion of the Residences and the condominium units
in Reservoir Heights Horizontal Property Regime, including but
not limited to, exterior walls and exterior doors (excluding
window frames and glass), roof, exterior trim, gutters and
downspouts, and toward other expenses lawfully assessed
specifically including, but not limited to, property and
liability insurance for Reservoir Heights No. 2 and Reservoir
Heights Horizontal Property Regime, repair and maintenance of
parking, driveways and walkways, landscaping, sprinkler system,
amounts needed for working capital, if any, a reserve fund for
maintenance, repair and replacements and amount needed to pay
deficits for any prior years.
(b) The initial assessment for each Lot shall be $125.00
per month; the obligations to pay monthly assessments
shall begin when title to each Lot is conveyed by
Grantors to the purchaser of each Lot. Each and all
such assessments (together with interest, costs and
reasonable attorney's fees, if delinquent) shall be,
constitute and remain a continuing lien on the Lot
(and all appurtenances) against which such assessment
is made until paid, which lien shall run with the
land, and shall be binding as a covenant on present
and future owners, their heirs, successors and
assigns. Each owner of any Lot by acceptance of a
deed of conveyance or by entering into a contract of
purchase of any Lot in Reservoir Heights No. 2,
whether or not it shall be expressed in any such deed,
7
contract or purchase or other conveyance, shall be
conclusively deemed to covenant and agree to pay all
assessments made against that Lot. Such lien shall be
prior to all other liens excepting only the lien of
any first mortgage or similar duly recorded
encumbrance.
(c) Each such assessment, together with interest, costs
and reasonable attorney's fees, shall be the personal
obligation of the owner and of his successor in title.
Reservoir Heights Owners' Association shall have the
right to add a penalty not to exceed twenty percent
(20%) of the amount due for failure to pay
assessments. Assessments not paid when due shall be
delinquent and, if not paid within twenty (20) days
after the due date, the assessment shall bear interest
from the date of delinquency until paid at the rate of
ten percent (10%) per annum, and may be enforced and
collected by an action at law against those personally
obligated to pay same, and/or the lien securing same
may be enforced by a foreclosure action against the
Lot upon which such assessment was made in the manner
provided by law for foreclosure of mortgages, and
interest, costs and reasonable attorneys' fees in any
such court action shall be added and collected as a
part of such assessments.
(d) Reservoir Heights Owners' Association shall levy the
assessments at an annual meeting or any special
meeting of the Council, as defined in the bylaws of
the Association. At the annual meeting of the
Council, the Council shall adopt a budget for the
ensuing year and shall determine whether the
assessments shall be payable in one or more
installments. The annual meeting or any special
meeting of the Council may also levy a special
assessment for any purpose permitted in this
Instrument.
8. Amendments. (a) Except for alterations in the
respective percentages of ownership of the Common Area and all
rights and obligations incident thereto, which cannot be altered
without the consent of all owners affected, the provisions of
this Bill of Assurance may be amended pursuant to the provisions
of this Paragraph.
(b) Notice of the subject matter of any proposed amendment
in a reasonably detailed form shall be included in the
notice of any meeting at which the proposed amendment
is to be considered by the Reservoir Heights Owners'
Association. A resolution adopting the proposed
amendment may be proposed by either the Board of
Directors or by a majority of the owners meeting as
members of the Reservoir Heights Owners' Association.
8
An amendment must receive the approval of two-thirds
(2/3) of the members of the Reservoir Heights Owners'
Association who are voting in person or by proxy at
the meeting.
(c) A copy of each amendment to this Bill of Assurance
shall be certified.by at least two (2) officers of the
Reservoir Heights Owners' Association as having been
duly adopted and shall only be effective when recorded
in the Office of the Recorder of Pulaski County,
Arkansas.
(d) Notwithstanding anything to the contrary in this
instrument, no amendment to this Bill of Assurance
shall be valid which adversely affects the rights
reserved by the Grantors herein unless such rights
shall have been waived by the Grantors in writing.
9. Provisions Relating to Grantor. The provisions hereof
to the contrary notwithstanding:
(a) Until the Grantor has sold and conveyed all of the
Lots in Reservoir Heights No. 2, neither the owners
of Lots nor Reservoir Heights Owners' Association
shall interfere with the sale of the Lots by the
Grantor. The Grantor may make such use of the Lots
owned by it and the Common Area as may facilitate
sales, including, but not limited to, maintenance of
a sales office, the showing of the Lots and
Residences and the display of signs; and
(b) Until all of the Lots in Reservoir Heights No. 2 are
sold and conveyed; the Grantor shall have the right
from time to time, without the approval of the Owners
of Lots, to amend the provisions hereof, for the
purpose of facilitating the marketing of the Lots, in
complying with the requirements pertaining to
Reservoir Heights No. 2 made by financial
institutions, title companies and governmental
authorities and for any other reasonable purpose;
provided, no such amendment shall violate the terms
of Grantor's Memorandum of Understanding with
Reservoir Heights Owners' Association dated February
22, 2002.
10. j ions. The captions used in this instrument are
inserted solely as a matter of convenience and shall not be
relied upon or used in construing the effect or meaning of any of
the provisions hereof.
11. Miscellaneous. (a) Whenever
the use of plurals shall include the
shall be deemed to include all genders.
the context so permits,
singular and any gender
9