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HomeMy WebLinkAboutS-1092-D ApplicationCity of Little Rock,Ark. Filing F es Date: Annexation $ Bd.of Adjustment $ Cond. Use Permit $ Final plat Planned Unit Dev. Preliminary Plat-/ $ Special Use Permit � �+, 4 Rezoning���� 0 rL Site Plans $ Right of way abandonment $ Street name change $ Street name signs Number —at —ea. $ Total $ File no., .� 3v LocationApplica By_ 97 038710 FILED AND RFCQR BILL OF ASSURANCE ra�r, ION PHASE H ! �` M i 9 P THE HILLS SUBDIVISION 3 0 OTTER CREEK COMMUNITY i ^Y "� S �-'' L'Y' r in +�++ rY fit KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Otter Creek Land Company, an Arkansas Limited Liability Corporation, hereinafter called "Allotter", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as follows: PART OF THE NE 1/4 OF SECTION 6 AND PART OF THE NW 1/4 OF SECTION 5, T-1-S, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NE CORNER OF LOT 83�, THE HILLS SUBDIVISION, OTTER CREEK COMMUNITY, AS CORRECTED AND RECORDED AS PLAT #E-723 IN THE RECORDS OF THE CIRCUIT CLERK OF PULASKI COUNTY, ARKANSAS; THENCE IN A WESTERLY DIRECTION ALONG THE NORTH LINE OF THE HILLS SUBDIVISION, OTTER CREEK COMMUNITY THE FOLLOWING COURSES: S 73'27'14" W 289.39'; S 03'44'38" E 33.31'; S 89'52'49" W 520.72'; THENCE N 61'40'37" W 293.95'; THENCE N 89*29'13" W 206.41'; THENCE N 57'52'25" W 128.26'; THENCE N 21'12'05" W 113.42'; THENCE N 00'21'52" W 81.61'; THENCE N 38'17'20" E 201.12'; THENCE N 84'46'28" E 185.10'; THENCE S 88'00'28" E 154.31'; THENCE S 62'22'48" E 522.19'; THENCE N 86'49'47" E 133.23'; , THENCE N 65'48'43" E 359.27'; THENCE N 70'39'43" E 163.94'; THENCE S 84'55'.57" E 243.08'; THENCE S 08'56'05" W 300.22'; THENCE S 16'32'46" E 658.55'; . THENCE CONTINUE IN A WESTERLY DIRECTION ALONG THE NORTH LINE OF OTTER CREEK COMMUNITY, PHASE IV -A THE FOLLOWING COURSES: S 73'31'35" W 102.65; S 77'54'11" W 226.70'; S 73'27'17" W 11.33' TO A POINT ON THE EAST LINE OF THE HILLS SUBDIVISION, PHASE I; THENCE N 16'32'46" W ALONG THE EAST LINE OF THE HILLS SUBDIVISION, PHASE 1 639.40' TO THE POINT OF BEGINNING, CONTAINING 20.44 ACRES, MORE OR LESS. AND WHEREAS, it is deemed desirable that the above described property be now subdivided into building lots and streets, as shown on the plat filed herewith as more particularly designated hereinafter, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE, for and in consideration of the benefits to accrue to Otter Creek Land Company, an Arkansas Limited Liability Corporation, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by Robert C. Lowe, Jr., Registered Surveyor, and executed by him -- 19F7, executed by it _ and bearing a certificate of approval executed by the Little Rock Planning Commission and Pulaski County Planning Board, said plat showing the bounds and dimensions of the property now being subdivided into lots and streets, described by lots and streets as shown thereon. Allotter hereby donates and dedicates to the public and easement of way on and over such of the real property owned by it designated as streets on said plat to be used by the public as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being without limiting 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 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. Entry monuments shall be maintained by Allotter or the Otter Creek Homeowners Association, in perpetuity. 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 shall be 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 The Hills Subdivision Phase II, Otter Creek Community, Little Rock, Pulaski County, Arkansas, and any and every deed of conveyance of any lot in said subdivision describing the same by the number or numbers shown on said plat shall always be deemed a sufficient description thereof. Said lands 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 hereinafter provided, shall be and remain in full force and effect until July 1, 2014, and thereafter for successive periods of ten years each, unless terminated or canceled as herein provided. DEFINITION OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. The word "lot" shall mean lot as platted, but excluding the tracts designated as Reserved. A "corner lot" shall be deemed to be any lot platted having more than one street contiguous to it. RESTRICTIONS 1. Use of Land. None of the lots may be improved, used or occupied for other than private residence purposes, and no duplex, flat, apartment or condominium, although intended for residence purposes, may be erected or maintained thereon. The tracts of land designated on the plat of The Hills Subdivision Phase II as Reserved shall be used in accordance with regulations of the City of Little Rock and Pulaski County, Arkansas. 2. Architectural Committee. No building or other structure shall be erected, placed or altered on any lot or tract designated as Reserved in this subdivision until the building plans and specifications therefor, exterior color scheme and materials thereof, and plot plan, which plot plans show the location and facing of such building, have been approved in writing by a majority of an architectural committee composed of Thomas L. Hodges, Patrick McGetrick, and John H. Jacobs, or their duly authorized representatives, representative or successors. In the event of the death or resignation of any member or members of the above -named committee, the remaining member or members shall have full authority to approve to disapprove such plans, specifications, color scheme materials and plot plan, or to designate a representative or representatives with like authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed members or member, shall have the same authority hereunder as their predecessors as above set forth. In the event the architectural committee fails to approve or disapprove any such plans, specifications, color scheme, materials and plot plans submitted to it as herein required within thirty (30) days after such submission or in the event no suit to enjoin the erection of such building or the making of such alterations has been commended prior tot he completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The architectural committee shall not be liable for any approval given hereunder and any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of Assurance. Nothing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining any legal action relating to the improvements within this subdivision which they would otherwise be entitled to maintain. 3. Hei ht and T e of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot numbered in The Hills Subdivision Phase II, Otter Creek Community, other than one detached single-family residence not to exceed two and one-half stories in height or a split-level residence and a private garage or carport for not less than two (2) cars. 4. Subdivision of Lots. No lot shall be re -subdivided such that the result of said subdivision decreases the area of said lot by more than ten percent (10%) without the prior written approval of the architectural committee; provided, however, lots may be split to increase the size of adjacent lots. 5. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or nearer to the said street line than the minimum building setback lines shown on the recorded plat. No building shall be located nearer to an interior lot line than a distance of ten percent (10%) of the average width of the lot except that a permitted accessory building located 35 feet or more from the minimum building setback line may be placed not nearer than 5 feet from the side or rear lot line. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenant, eaves, steps, and porches not under roof not be considered as a part of the building. 6. Area. No dwelling shall be constructed or permitted to remain upon any lot in this subdivision which has a finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling less than 1,550 square feet, except as provided hereinafter: (a) Two or More Levels - Basement Type. If a dwelling has finished heated living area on a different level, and the finished floor levels of such areas are separated by more than eight feet measured vertically, then such dwelling shall have at least 1,200 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling, and shall have at least a total of 1,600 square feet of finished heated living area; however, the top plate line amount of floor space may be reduced from 1,200 square feet of finished heated floor space to 1,000 square feet of finished heated floor area, if the double garage area of not less than 450 square feet is also on the top plate line level, and the total heated finished area in the dwelling is not less than 1,700 square feet of floor space. (b) Two -Story and Story -and -a -Half. If a dwelling has finished heated living areas on two or more levels or stories, which levels or stories are immediately above and below each other measured vertically and all of such levels or stories are above the finished exterior grade of such dwelling, then such dwelling shall have at least 900 square feet of finished heated living area measured in a horizontal plane tot he face of the outside wall at the topo plate line of the first level or story of such dwelling and shall have at least a total of 1,800 square feet of finished heated living area, provided, however, that the top story or level may have less than 700 square feet of finished heated living area if the first level or story shall have at least 1,200 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall of the first level or story of such dwelling and such dwelling shall have at least a total of 1,800 square feet of finished heated living area. In the computation of finished heated living area, the same shall not include any basement or attic area used for storage. All dwellings shall have an attached carport or garage for at least two automobiles. 7. Exterior Finish. All residences shall have a minimum of 30% of exterior walls of approved masonry finish. 8. Commercial Structures. No building or structure of any sort may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structures 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 service to The Hills Subdivision Phase II, Otter Creek Community. 9. Outbuildinis Prohibited. No outbuilding 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 Committee. 10. Livestock and PouftEy Prohibited. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or part thereof, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for commercial purposes. 11. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, ashes, or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. No vehicle may be stored or allowed to be parked on any lot unless said vehicle is in evident good operative condition. 12. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures or signs on any lots is specifically prohibited except that billboards, advertising boards, structures, or signs used by the Allotter advertising the sale or rental of such property during the construction and sales period are permitted provided they do not exceed 5 square feet in size or signs approved by the Architectural Committee displaying the name of a residential complex, commercial establishments, parking instructions or regulations relating to the use of recreation facilities. 13. Oil and Mineral operations. No oil drilling, oil development operating, 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. 14. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 15. Existing Structure. No existing erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 16. Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants' quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporary or permanently, nor shall any structure of a temporary character be used for human habitation. 17. Easements for Public Utilities. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage 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 of width and location thereof. In the event any trees, shrubbery, incinerators, structures, buildings, fences, pavement 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 this destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 18. Fences and Mail Boxes. 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 it is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yards. All fences shall be of wood, masonry, or wrought iron construction and their design shall be approved by the Architectural Committee. Mail boxes, so long as they are located at the street, shall be constructed in conformance with design criteria adopted by the Architectural Committee or the Otter Creek Homeowners Association. Moreover, no automobile, truck, trailer, boat, tent or temporary structure of any nature whatsoever, shall ever be parked, located, or otherwise maintained on any lot unless the Architectural Committee has approved said parking, location or maintenance together with any restrictions the Architectural Committee deems appropriate, provided that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles or trucks one-half ton or smaller in size on any portion of the garage driveway. 19. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty (30) inches above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points fifty (50) feet from the intersection of the street line, 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. The foliage line of any tree located within such distances of such intersections must be maintained at a height of not less than eight (8) feet from the adjacent roadway to prevent obstruction of such sight lines. 20. Property Lines and Boundaries. Iron pins have been set on all lot corners and points of survey and all lot dimensions shown on curves and chord distances, and all curve data as shown on the attached plat filed herewith is center line curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 21. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all parties claiming by, through or under it shall be taken to hold, agree and covenant with the owner of the lots hereby restricted, and with its successors and assigns, and with each of them to conform to and observe said restrictions, as to the use of said lots and the construction of improvements thereon, but no restrictions herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their seizing of title to said land, and Otter Creek Land Company, an Arkansas Limited Liability Corporation, 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, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure of Otter Creek Land Company, an Arkansas Limited Liability Corporation, its successors and assigns, or any owner or owners of any lot or lots in this subdivision to enforce any of the restrictions herein set forth at the time of its violation shall, in no event to be deemed to be a waiver of the right to do so thereafter. Otter Creek Land Company, an Arkansas Limited Liability Corporation, may, by appropriate agreement made expressly for that purpose, assign or convey to any person or corporation all of the rights, reservations and privileges herein reserved by it, and upon such assignment or conveyance being made, its assigns or grantees may at their option exercise, transfer or assign these rights or any one or more of them at any time or times in the same way or manner as though directly reserved by them or it in this instrument. 22. Modification of Restriction. Other than for amendments covered under paragraph four of this document, 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 acknowledged by the owner or owners of more than eighty percent (80%) in area of the land in this subdivision, and the provisions of such instrument so executed shall be approved by the Little Rock Planning Commission and shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. These covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as hereinabove and upon the expiration thereof on July 1 , 2014, shall automatically be continued thereafter for successive periods of ten (10) years each, unless terminated or canceled as herein provided. 23. Common Use Areas. In the plat of The Hills Subdivision Phase II, Otter Creek Community, the Allotter has designed a certain area of land as Common Private Areas and Sewer Easement intended as a recreation area and for related activities for the property owners in said Addition and as set forth in the Otter Creek Homeowners Association Declaration, dated October 24, 1974, which said Homeowners Association Declaration is hereby incorporated, into and made a part of this Bill of Assurance. 24. Se arabilit . 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 therein, but they shall remain in full force and effect. WITNESS our hand and seals this day of �N� , 19—!-Z OTTER CREEK LAND COMPANY By STAGECOACH DEVELOPMENT GROUP, INC. ATTEST. APPROVED: LITTLE ROCK PLANNING COMMISSION LM Date Manager P sident APPROVED: PULASKI COUNTY PLANNING BOARD M. Date ["'„ fc, ^.r•';_..-- d cnin;jmum sit -;Cards i^�' i ;t',' f i; -r'i I 'f:'ision rcqulalion^a. required . y - ,---. - _. ei cf _s'ura-.' -n CIUI devslo'-:,r may U.ii? RocDui U 6iSI0a End z^r;'ng c, City of LhJo *c.k Pianning Commission ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF PULASKI) On this l & day of _ J�llye- , 1914 before me, a Notary Public, duly commissioned, qualified and acting within and for the said County and State, appeared in person the within named THOMAS L. HODGES, to me personally well know, who stated that he was the legal agent of Otter Creek Land Company, and was duly authorized in his respective capacity to execute the foregoing Bill of Assurance for and in the name and behalf of said Limited Liability Corporation, and further stated and acknowledged that he had so signed, executed and delivered said Bill of Assurance for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 1 day of - �/ /N Notary Public Z ?moo 0 My ommission Expires a$ • a � � %OTA o._ .�- City of Little Rock Engineering Division Depar,ment o1 %1 wes: Public Works Little *'.ac:.. ar:.ansas 371-1811 Ftx _ CIVIL FNGINEERING RESPONSE MCoe SFr r'Gk ) The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat Can be issued 74, /11.4F-- r--�)., Signed 3y RK S : / Dy ' oft Ow 0' 1C� c GS , t. CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX # FROM AGENCY FAX r PHONE r TOTAL PAGES BILL OF ASSURANCE THE HILLS SUBDIVISION PHASE H OTTER CREEK COMMUNITY KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Otter Creek Land Company, an Arkansas Limited Liability Corporation, hereinafter called "Allotter", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as follows: PART OF THE NE 1/4 OF SECTION 6 AND PART OF THE NW 1/4 OF SECTION 5, T-1-S, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NE CORNER OF LOT 835, THE HILLS SUBDIVISION, OTTER CREEK COMMUNITY, AS CORRECTED AND RECORDED AS PLAT #E--723 IN THE RECORDS OF THE CIRCUIT CLERK OF PULASKI COUNTY, ARKANSAS; THENCE IN A WESTERLY DIRECTION ALONG THE NORTH LINE OF THE HILLS SUBDIVISION, OTTER CREEK COMMUNITY THE: FOLLOWING COURSES: S 73'27'14" W 289.39'; S 03'44'38" E 33.31'; S 89'52'49" W 520.72'; THENCE N 61"40'37" W 293.95'; THENCE N 89'29'13" W 206.41'; THENCE N 57"52'25" W 128.26'; THENCE N 21 "12'05" W 113.42'; THENCE N 00-21'52" W 81.61'; THENCE N 38'17'20" E 201.12'; THENCE N 84'46'28" E 18SAW; THENCE S 88"00'28" E 154.31'; THENCE S 62'22'48" E 522.19'; THENCE N 86-49'47" E 133.23'; THENCE N 65'48'43" E 359.27'; THENCE N 70'39'43" E 163.94'; THENCE S 84'55'57" E 243.08'; THENCE S 08'56'05" W 300.22'; THENCE S 16'32'46" E 658.55'. THENCE CONTINUE IN A WESTERLY DIRECTION ALONG THE NORTH LINE OF OTTER CREEK COMMUNITY, PHASE IV -A THE FOLLOWING COURSES: S 73'31'35" W 102.65. S 77"54'11" W 226.70'; S 73'27'17" W 11.33' TO A POINT ON THE EAST LINE OF THE HILLS SUBDIVISION, PHASE I; THENCE N 16'32'46" W ALONG THE EAST LINE OF THE HILLS SUBDIVISION, PHASE 1 639.40' TO THE POINT OF BEGINNING, CONTAINING 20.44 ACRES, MORE OR LESS. AND WHEREAS, it is deemed desirable that the above described property be now subdivided into building lots and streets, as shown on the plat filed herewith as more particularly designated hereinafter, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE, for and in consideration of the benefits to accrue to Otter Creek Land Company, an Arkansas Limited Liability Corporation, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by Robert C. Lowe, Jr., Registered Surveyor, and executed by him 19 executed by it and bearing a certificate of approval executed by the Little Rock Planning Commission and Pulaski County Planning Board, said plat showing the bounds and dimensions of the property now being subdivided into lots and streets, described by lots and streets as shown thereon. Allotter hereby donates and dedicates to the public and easement of way on and over such of the real property owned by it designated as streets on said plat to be used by the public as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being without limiting 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 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. Entry monuments shall be maintained by Allotter or the Otter Creek Homeowners Association, in perpetuity. 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 shall be 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 The Hills Subdivision Phase II, Otter Creek Community, Little Rock, Pulaski County, Arkansas, and any and every deed of conveyance of any lot in said subdivision describing the same by the number or numbers shown on said plat shall always be deemed a sufficient description thereof. Said lands 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 hereinafter provided, shall be and remain in full force and effect until July 1, 2014, and thereafter for successive periods of ten years each, unless terminated or canceled as herein provided. DEFINITION OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. The word "lot" shall mean lot as platted, but excluding the tracts designated as Reserved. A "corner lot" shall be deemed to be any lot platted having more than one street contiguous to it. RESTRICTIONS 1. Use of Latid. None of the lots may be improved, used or occupied for other than private residence purposes, and no duplex, flat, apartment or condominium, although intended for residence purposes, may be erected or maintained thereon. The tracts of land designated on the plat of The Hills Subdivision Phase II as Reserved shall be used in accordance with regulations of the City of Little Rock and Pulaski County, Arkansas. 2. Architectural Committee. No building or other structure shall be erected, placed or altered on any lot or tract designated as Reserved in this subdivision until the building plans and specifications therefor, exterior color scheme and materials thereof, and plot plan, which plot plans show the location and facing of such building, have been approved in writing by a majority of an architectural committee composed of Thomas L. Hodges, Patrick McGetrick, and John H. Jacobs, or their duly authorized representatives, representative or successors. In the event of the death or resignation of any member or members of the above -named committee, the remaining member or members shall have full authority to approve to disapprove such plans, specifications, color scheme materials and plot plan, or to designate a representative or representatives with like authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed members or member, shall have the same authority hereunder as their predecessors as above set forth. In the event the architectural committee fails to approve or disapprove any such plans, specifications, color scheme, materials and plot plans submitted to it as herein required within thirty (30) days after such submission or in the event no suit to enjoin the erection of such building or the making of such alterations has been commended prior tot he completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The architectural committee shall not be liable for any approval given hereunder and any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of Assurance. Nothing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining any legal action relating to the improvements within this subdivision which they would otherwise be entitled to maintain. 3. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot numbered in The Hills Subdivision Phase II, Otter Creek Community, other than one detached single-family residence not to exceed two and one-half stories in height or a split-level residence and a private garage or carport for not less than two (2) cars. 4. Subdivision of Lots. No lot shall be re -subdivided such that the result of said subdivision decreases the area of said lot by more than ten percent (10%) without the prior written approval of the architectural committee; provided, however, lots may be split to increase the size of adjacent lots. 5. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or nearer to the said street line than the minimum building setback lines shown on the recorded plat. No building shall be located nearer to an interior lot line than a distance of ten percent (10%) of the average width of the lot except that a permitted accessory building located 35 feet or more from the minimum building setback line may be placed not nearer than 5 feet from the side or rear lot line. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenant, eaves, steps, and porches not under roof not be considered as a part of the building. 6. Area. No dwelling shall be constructed or permitted to remain upon any lot in this subdivision which has a finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling less than 1,550 square feet, except as provided hereinafter: (a) Two or More Levels - Basement Type. If a dwelling has finished heated living area on a different level, and the finished floor levels of such areas are separated by more than eight feet measured vertically, then such dwelling shall have at least 1,200 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling, and shall have at least a total of 1,600 square feet of finished heated living area; however, the top plate line amount of floor space may be reduced from 1,200 square feet of finished heated floor space to 1,000 square feet of finished heated floor area, if the double garage area of not less than 450 square feet is also on the top plate line level, and the total heated finished area in the dwelling is not less than 1,700 square feet of floor space. (b) Two -Story and Sto -and-a-Half. If a dwelling has finished heated living areas on two or more levels or stories, which levels or stories are immediately above and below each other measured vertically and all of such levels or stories are above the finished exterior grade of such dwelling, then such dwelling shall have at least 900 square feet of finished heated living area measured in a horizontal plane tot he face of the outside wall at the topo plate line of the first level or story of such dwelling and shall have at least a total of 1,800 square feet of finished heated living area, provided, however, that the top story or level may have less than 700 square feet of finished heated living area if the first level or story shall have at least 1,200 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall of the first level or story of such dwelling and such dwelling shall have at least a total of 1,800 square feet of finished heated living area. In the computation of finished heated living area, the same shall not include any basement or attic area used for storage. All dwellings shall have an attached carport or garage for at least two automobiles. 7. Exterior Finish. All residences shall have a minimum of 30% of exterior walls of approved masonry finish. 8. Commercial Structures. No building or structure of any sort may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structures 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 service to The Hills Subdivision Phase II, Otter Creek Community. 9. Outbuildings Prohibited. No outbuilding 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 Committee. 10. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or part thereof, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for commercial purposes. 11. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, ashes, or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. No vehicle may be stored or allowed to be parked on any lot unless said vehicle is in evident good operative condition. 12. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures or signs on any lots is specifically prohibited except that billboards, advertising boards, structures, or signs used by the Allotter advertising the sale or rental of such property during the construction and sales period are permitted provided they do not exceed 5 square feet in size or signs approved by the Architectural Committee displaying the name of a residential complex, commercial establishments, parking instructions or regulations relating to the use of recreation facilities. 13. Oil and Mineral Operations. No oil drilling, oil development operating, 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. 14. Cesspaol. No leaching cesspool shall ever be constructed or used on any lot. 15. Existing Structure. No existing erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 16. TemporgU Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants' quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporary or permanently, nor shall any structure of a temporary character be used for human habitation. 17. Easements for Public Utilities. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage 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 of width and location thereof. In the event any trees, shrubbery, incinerators, structures, buildings, fences, pavement 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 this destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 18. Fences and Mail Boxes. 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 it is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yards. All fences shall be of wood, masonry, or wrought iron construction and their design shall be approved by the Architectural Committee. Mail boxes, so long as they are located at the street, shall be constructed in conformance with design criteria adopted by the Architectural Committee or the Otter Creek Homeowners Association. Moreover, no automobile, truck, trailer, boat, tent or temporary structure of any nature whatsoever, shall ever be parked, located, or otherwise maintained on any lot unless the Architectural Committee has approved said parking, location or maintenance together with any restrictions the Architectural Committee deems appropriate, provided that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles or trucks one-half ton or smaller in size on any portion of the garage driveway. 19. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty (30) inches above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points fifty (50) feet from the intersection of the street line, 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. The foliage line of any tree located within such distances of such intersections must be maintained at a height of not less than eight (8) feet from the adjacent roadway to prevent obstruction of such sight lines. 20. Property Lines and Boundaries. Iron pins have been set on all lot corners and points of survey and all lot dimensions shown on curves and chord distances, and all curve data as shown on the attached plat filed herewith is center line curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 21. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all parties claiming by, through or under it shall be taken to hold, agree and covenant with the owner of the lots hereby restricted, and with its successors and assigns, and with each of them to conform to and observe said restrictions, as to the use of said lots and the construction of improvements thereon, but no restrictions herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their seizing of title to said land, and Otter Creek Land Company, an Arkansas Limited Liability Corporation, 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, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure of Otter Creek Land Company, an Arkansas Limited Liability Corporation, its successors and assigns, or any owner or owners of any lot or lots in this subdivision to enforce any of the restrictions herein set forth at the time of its violation shall, in no event to be deemed to be a waiver of the right to do so thereafter. Otter Creek Land Company, an Arkansas Limited Liability Corporation, may, by appropriate agreement made expressly for that purpose, assign or convey to any person or corporation all of the rights, reservations and privileges herein reserved by it, and upon such assignment or conveyance being made, its assigns or grantees may at their option exercise, transfer or assign these rights or any one or more of them at any time or times in the same way or manner as though directly reserved by them or it in this instrument. 22. Modification of Restriction. Other than for amendments covered under paragraph four of this document, 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 acknowledged by the owner or owners of more than eighty percent (80%) in area of the land in this subdivision, and the provisions of such instrument so executed shall be approved by the Little Rock Planning Commission and shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. These covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as hereinabove and upon the expiration thereof on July 1 , 2014, shall automatically be continued thereafter for successive periods of ten (10) years each, unless terminated or canceled as herein provided. 23. Common Use Areas. In the plat of The Hills Subdivision Phase II, Otter Creek Community, the Allotter has designed a certain area of land as Common Private Areas and Sewer Easement intended as a recreation area and for related activities for the property owners in said Addition and as set forth in the Otter Creek Homeowners Association Declaration, dated October 24, 1974, which said Homeowners Association Declaration is hereby incorporated, into and made a part of this Bill of Assurance. 24. Se a�iit. 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 therein, but they shall remain in full force and effect. WITNESS our hand and seals this day of OTTER CREEK LAND COMPANY By STAGECOACH DEVELOPMENT GROUP, INC. Manager ATTEST: WA i�0 R/2"Mo APPROVED: LITTLE ROCK PLANNING COMMISSION Lm Date LITTLE ROCK PLANNING CONIMICSION APPROVED BY: DATE: APPROVED: PULASKI COUNTY PLANNING BOARD Date STATE OF ARKANSAS) COUNTY OF PULASKI) On this day of ACKNOWLEDGMENT —Ta A/ 'p— , 191Z before me, a Notary Public, duly commissioned, qualified and acting within and for the said County and State, appeared in person the within named THOMAS L. HODGES, to me personally well know, who stated that he was the legal agent of Otter Creek Land Company, and was duly authorized in his respective capacity to execute the foregoing Bill of Assurance for and in the name and behalf of said Limited Liability Corporation, and further stated and acknowledged that he had so signed, executed and delivered said Bill of Assurance for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of `7//�- 2 .", Z. % u 0 M Commission Expires �'ANN CROy U0 A NpTA1�I� 19�. Notary Public