HomeMy WebLinkAboutS-1131-E ApplicationCity of Little Rock
Planning and Development
Filing Fees
Date: ?A?, , 20 O!
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 ea.
Public Hearing Signs
Number at ea.
Total
File No.
Location �
Appli t l
By
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2005026727
83/30/2005 10:56:01 Aid
Filed & Recorded in
Official Records of
WESTFIELD PHASE IIIPAT 0' BRIEN
BILL OF ASSURANCE Cy�iT/COUNTY CLERK
Fees $38.00
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Diamond Development, (hereinafter called "Grantor") is the
sole owners of the following described lands, lying in Pulaski County, Arkansas:
PART OF THE SE 1 /4, NW 1 /4 OF SECTION 5.
`r-1—S, R-13—W, LITTLE ROCK, Pl)LASKI CCDUNTY,
ARKANSAS, MORE P?RTICULARLY DESCRIBED AS:
BE(: --,INNING A. THE NW CORNER
OF LOT 59 PHASE 1 WESTFIELD
SUBDIVISION, LITTLE RI CK, ARKANSAS, THENCE Ni 02'11'32 E 25.79.
THENCE N 87°48'28" W 180.00';
THENCE N 02"11'32" E 307,gFC-
THENCE N 88'24'.37" W .310.02';
THENCE N 02'11'J22" E 50.29" THENCE
NJ 87'48'28" dv 310.00'; THENCE
S 02'11'32" W 70.00; THENCE
N 88"08'06 " W 180_00'; THENCE
N C-2°26' 8" L' '1?.63`. THENCE
73"? 2ti! -138.38', -HENCE
iN 02'05'34' = 330-6 THENCE
S 88°24'3-7 '_ 1255 _i0', THENCE S 02°11 `03' W 627 CHFNCr
THENCE N 87'48'28" `dV 143.85'
TO THE "'DINT 0RFE*GI q1.,N( _:0NTAINi;NG
10.51 ACRES MORE OR i_ESS
AND WHEREAS, it is desirable that the above cre9MDtu Tarm5 vc plaueu rrito
lots, blocks, tracts, and/or streets.
NOW, THEREFORE WITNESS:
THAT the said GRANTOR has caused said lands to be surveyed by McGetrick &
McGetrick, Inc., Registered Professional Engineers and Land Surveyors, and a plat
thereof made which is identified by the title Final Plat — Phase III Westfield, Little Rock,
Arkansas, _ , 2005, bearing the signature and seal of said
Engineer and Surveyor and the Signature of the GRANTOR and bears a Certificate of
Approval executed by the Circuit County Clerk of Pulaski County, Arkansas as Plat #
The GRANTOR does hereby plat and subdivide the above described lands in
accordance with the recorded plat. The lands embraced in the said plat shall be forever
known as:
PHASE III, WESTFIELD, LITTLE ROCK, ARKANSAS.
The GRANTOR hereby dedicates to the public forever an easement of way on
and over the streets as shown on the plat, to be used as public streets.
There are strips of land shown and dimensioned on the plat designated as Utility
and/or Drainage Easements, which are reserved for the use of public utilities and/or
drainage purposes respectively, subject at all times to the proper authorities. Owners of
lots in this subdivision shall take their titles subject to the rights of public utilities and the
public in general.
The filing of this Plat and Bill of Assurance for record in the Office of the Circuit
County Clerk of Pulaski County, Arkansas shall constitute a complete and valid delivery
and dedication of any and all street and/or easements shown on the said plat.
Hereinafter, conveyance and description of any of the lands by lot number as
shown on said plat shall be a proper and complete description thereof.
The lots in the subdivision shall be sold by the GRANTOR and purchased by the
buyers thereof, subject to the following covenants and restrictions:
1. LAND USE AND BUILDING TYPE. Said land herein platted as
lots shall be held, owned and used only for residential building sites. No structures shall
be erected, altered, placed or permitted to remain on any residential building sites other
than a detached single-family dwelling, a private garage for storage of passenger cars
owned or used by residents, guest house, servants' quarters, and other outbuildings
clearly incidental and related to residential use of the premises. No such building site
shall be used for commercial purposes. Such restrictions shall not prohibit the temporary
maintenance of model homes for promotional purposes and construction or sales offices
by GRANTOR or other professional builders.
2. ARCHITECTURAL CONTROL. No structure shall be erected,
placed or altered on any property in Westfield until the building plans, specifications, and
plot plan showing the location and facing of such building with respect to existing
topography, adjoining streets, and finished ground elevations have been submitted to and
approved in writing by the GRANTOR. In the event the GRANTOR fails to approve or
disapprove or request additional information regarding the plans, specifications, or plot
plan submitted to it as herein required within thirty (30) days after such submission, this
covenant shall be deemed to have been fully met by the person submitting such plans for
approval. Enclosed garages shall be required. Nothing herein contained nor the required
consent of the GRANTOR shall in any way be deemed to prevent any of the owners of
property in Westfield from maintaining any legal action relating to improvements within
Westfield which they would otherwise be entitled to maintain. There shall be no
compensation to the GRANTOR for the services to be performed pursuant to this
provision.
3. LOT AREA WIDTH. No resident shall be erected, altered or
permitted to remain on any lot platted as Westfield if the area of the lot is less than 7,000
square feet and the average width of the front and rear of the lot is less than (60) feet. No
lot shall be subdivided without written consent of the GRANTOR and the Little Rock
Planning Commission first had and obtained.
4. MINIMUM PRINCIPAL DWELLING SIZE. No principal
residential structure shall be constructed or permitted to remain on any lot platted hereby
as Westfield unless the main floor area thereof, exclusive of porches, patios, carports,
garages and breezeways shall be at least 1,100 square feet. The term "main floor" as
used in this paragraph shall include living, dining and sleeping areas, which areas may be
on different levels.
5. BUILDING LOCATION. No building, fence or wall shall be
constructed on any lot nearer to the street than the building line shown on said plat. No
residential structure shall be located nearer than a six (6) feet to an interior lot line or ten
percent (10%) of the average width of the single-family lot, whichever is greater;
provided, however, such side yard need not exceed eight (8) feet in width. For the
purpose of this covenant, eaves, steps and open porches shall not be considered a part of
the dwelling. No residential structure shall be nearer to the rear lot line than allowed by
the City of Little Rock.
6. TEMPORARY STRUCTURES. No trailer, basement, tent, shack,
garage, garage apartment, hutment, barn, structure of a temporary character, or
outbuildings of any kind on said land shall at any time be used or occupied as a residence,
temporarily or permanently.
7. SIGNS. Except for subdivision identification signs, not billboard,
poster, or sign shall be placed or permitted to remain on any part of said property;
provided, however, one sign only per lot not exceeding five (5) square feet in area may be
displayed advertising the property for sale or rent, and signs used by the GRANTOR or a
builder may be displayed to advertise the property during the construction and sale
period, or otherwise with reference to model homes, etc.
8. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge
or shrub planting which obstructs sight lines at elevations between two (2)and six (6) feet
above the 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, from the intersection of the street property lines extended. The same
sight line limitations shall apply on any lot within ten (10) 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 intersections unless the foliage line is maintained at a
sufficient height to prevent obstruction of such sight lines
9. FENCES. No fence, wall, hedge or mass planting shall be permitted
to extend beyond the minimum front building setback line established herein or from the
side yard building line to the street on corner lots. The design, construction and materials
of any fence or wall must be approved by the GRANTOR in the same manner as
provided in Paragraph 2 hereinabove for Architectural Control.
10. PUBLIC UTILITIES. All dwellings and other structures erected
upon any lot as a residential dwelling shall be served by all public utilities, including
public sewer.
11. EASEMENTS. No building, tree's, fences, incinerators, paved
driveways or any other permanent structure or improvement of any kind, whether herein
specifically enumerated or not, shall be built or maintained within the area of any of the
easements and no alteration including grading, filling, excavation or other site work may
be done within the area of any of the easements shown on the plat which may damage or
interfere with the installation and maintenance of the utilities or which may change the
direction of flow of drainage channels, or which may obstruct or retard the flow of water
through drainage channels; and, in the event any such obstruction is placed theron in
violation of this restriction and reservation, no public authority will be liable for
destruction of same in maintaining or repairing its lines location with in the area of said
easement. Easements, including drainage channels, shall be mowed and generally
maintained by the owner of the lot over which the easement or drainage channel is platted
except for improvements installed in those easements for which a public authority or
utility is responsible.
12. LIVESTOCK AND POULTRY. No animals, livestock or poultry of
any kind shall be raised or kept except that dogs, cats or other fully domesticated pets
may be kept, provided that they are not kept or maintained for any commercial purposes.
13. DRIVEWAYS. No concrete, asphalt or other obstruction shall be
placed in the street gutters. Curbs may be broken at driveways and driveway grades
lowered to meet the gutter flow line.
14. PROPERTY LINES AND BOUNDARIES. Iron pins have been
set on all lot corners and points of curve, and all curve data as shown on the attached plat
is centerline 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 original pins as set shall control.
15. SATELLITE RECEIVER DISH. No satellite receiver dish
("dish") shall be erected, placed or maintained on any lot between the front building
setback line and the street or the side building line and the street on corner lots or within
ten (10) feet of any property line or in the side yard areas between houses. No dish shall
be mounted on any building or exceed an overall height of ten (10) feet. Only one dish
will be permitted on any surface, and shall be screened fro adjoining properties by an
opaque wall, fence, hedge or berm. These restrictions shall be cumulative and in addition
to any municipal or governmental restrictions and requirements.
16. BOATS CAMPERS AND TRAILERS. No motorboat, houseboat,
canoe, sailboat, or other similar waterborne vehicle, no camper, trailer, or recreation
vehicle and no inoperative or disassembled vehicles of any kind shall be maintained,
abandoned, stored or permitted to remain in the street right-of-way or in the area between
the street and the building setback line or in the side yard area.
17. MONUMENT SIGN 5 AT ENTRANCE. There are easements on
Lots 2 and 67 of Westfield designated "Fence and Sign Easements". These are for the
purposes of constructing, maintaining and/or repairing monument -type signs identifying
the Subdivision. These signs and areas exterior to them shall be maintained by the
owners of Lots 2 and 67 respectively.
18. PROPERTY OWNERS ASSOCIATION. At such time as a valid
Property Owners Association is established in Westfield, the GRANTOR shall deed to
and otherwise turn over to and relinquish control of all "common areas" including "Fence
and Sign Easements" within Westfield for Phase III and/or any subsequent phases which
may be developed. Until such time occurs, the GRANTOR shall retain control of and
maintenance of such areas.
19. ENFORCEMENT. In the event of any attempt to violate any of the
covenants or restrictions herein before the expiration date hereof, it shall be lawful for
any person or persons owning any lots in Westfield 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 violation.
20. AMENDMENT. These covenants and restrictions may be canceled
or amended if an instrument signed by the owners of at least fifty-one percent (51 %) of
the said area covered by this plat is placed of record agreeing to change the covenants and
restrictions in whole or part, and the provisions of this instrument so executed shall be
binding from the date it is duly filed for record in the Office of the Circuit Clerk and
Recorder for Pulaski County, Arkansas; provided that if the GRANTOR owns any
property within the area covered by this plat, the GRANTORS approval to cancel or
amend these covenants and restrictions must be first obtained. GRANTOR shall have
independent right to amend these covenants and restrictions at any time during the
development and construction of improvements on the property covered by this plat, or
while GRANTOR continues to own any property covered by this Plat and Bill of
Assurance GRANTOR shall have the right to amend these covenants and restrictions;
provided, however, that any such amendments by the GRANTOR shall require the prior
approval of the Little Rock Planning Commission. Any such instrument shall be
effective and binding when it is filed for record in the Office of the Circuit Clerk and
Recorder for Pulaski County, Arkansas. The right to so amend, modify, extend, change
and/or cancel as aforesaid shall exist at all times prior to January 1, 2015 and shall also
exist at all times during each and every successive period extending the covenants,
restrictions, requirements and provisions of this Bill of Assurance.
21. SEVERABILITY. Invalidation of any one of these covenants or
restrictions by judgment of a court of competent jurisdiction shall in no way affect any of
the other provisions which shall remain in full force and effect
The considerations set forth in items one through twenty-one are hereby approved by the
City of Little Rock Planning Commission. Any additional requirements, restrictions or
statements are entered
not be considered pa
approval.
without review or action by the Planning Commission, and shall
t of the Little Rock Planning Commission's requirements for
IN WITNESS our hands and/or seals on this
DNG c 01n , 20 Qom.
APPROVED:
LITTLE ROCK PLANNING COMMISSION
BY:
DATE:
Reviewed only for inclusion of minimum standards
required by the City of Little Rock subdivision regulations.
Bill of Assurance provisions established by tho
developer may exceed minimum regulations of tho
�t Little Rock subdivision and zoning ordinances.
f Little Rock Planning Commission
3p-4-,
day of
GRANTOR
DIAMOND DEVELOPMENT
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF C t- t
BE IT REMEMBERED, that on this date came before me, a Notary Public,
, a Milo- ZLf C2 i ❑ Le- and stated that as an officer or official of
Diamond Development, GRANTOR in the forgoing Bill of Assurance, was authorized to
and had executed the same for purposes stated therein
t blic
� �Do (c)
My Commission Expires
(SEAL)
EM
"OFFICLA SEAL"Rachel S. Menzies
otary Paislic, State of ArkansasCottnty of Grant
y ComraisM0n ExP. 03/2Z2Uip
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: WESTFIELD PHASE
III
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed
and in conformance with City requirements/standards.
Y Certain Improvements remain uncompleted as follows:
Engineering Specialist
ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
r
All other requir rents. for final plat approval have been satisfied.
Civil Engineer I/II
SURVEYOR'S REPORT
I have+ reviewed the plat and find that:
All requireme a3 plat approval have been satisfied.
Surveyor S
MANAGER APPROVAL
en satisfied.
Review Engineer/Civil Engineering
er
October 2004