Loading...
HomeMy WebLinkAboutS-1226-A ApplicationCity of 'Little Rock,Ark. 0378 Filing rses Date: ,20-P4- Annexation $ Pd.of Adjustment $ Cond. Use Permit $ Final plat $-20-,c-ry Planned Unit Dev. $ Preliminary Plat $ Special Use Rezoning �-�` 2001 Site Plans $ f' - L! i 1 LE RM Right of way ���� abandonment �' Street name change $ Street name signs Number at ea. $ Total $"LEI, File no. Locat ion Appl ican.t By !�-. .t; 2001055480 07/18/2801 11:s8:22 AM C �+ ,p ,/w, �C Filed a Recorded in McGETI�ICK Iv1�C7G��j[. LOLYN�STALEY Records of L SKI GOt1N1Y UITICOUNTY CLERK B9 ADKINS ESTATES TO THE PUBLIC WHEREAS, Adkins Estates hereiir'afler called Allotter is the owner of the following described land lying in the County of Pulaski, State of Arkansas, to -wit: Part of the SE1/4 of Section 29, T-2-N, R-13-W, Little Rock, Pulaski County, Arkansas, more particularly described as: Commencing at the SE corner of the SETA of Section 29; thence N89°59'48"W along the South line of the SE 1 /41316.46'; thence N01 ° 10' 10" 40.0' to a point on the North R/W line of Hinson Road and the point of beginning; thence N90°59'49"W along the North R/W line of Hinson Road 331.85'; thence N01018'33"W 1293.35' to a point on the South line of Pleasant Valley Country Club Golf Course and the NE corner of Pleasant Valley Estates; thence S89°57' 16'E along the South line of Pleasant Valley Country Club Golf Course 330.60' to a point on the West line of Pleasant Valley Addition; thence in a Southerly direction along the West line of Pleasant Valley Addition the following courses: S01 °29'54"E 768.48', S01 ° 10' 10"E 524.66' to the point of beginning, containing 9,857 Acres, more or less. C1 j90lit q �+a��� a N AND it is deemed desirable that the above -described property be no a .w c` building lots and streets as shown on the attached plat, and that said property be kQ ti conveyed subiect to the-Drotective covenants herein contained: '+.,�qQ4avia" aloe* NOW, THEREFORE, the Allotter, 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, 319 E. Markham (Market Row) #W2 Little Rock, Arkansas 72201 501-223-9900 fax 501-223-9293 WOETKICK & WOO -PICK excuted by McOetrick r' r Engineers, and Land Surveyors 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 Allotter hereby donates and dedicates to the public hereafter an easement of way on, over and under the streets as shown on said plat to be used 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 of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, cable T.V., 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 limes 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 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 "Adkins Estates Little Rock, Arkansas", and any and every deed of conveyance for 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. 319 E. Markham (Market Row) #202 Little Rock, Arkansan 72201 501-223-9900 fiuc 501-223-9293 McOETIRICK & WOETRICK to and in conformity with the following covenants which, subject to being amended or canceled as hereinafter 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, 2024, 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. No structures shall be erected, altered, placed or permitted to remain on any residential building site other than a single detached single-family dwelling, a private garage for storage of passenger cars owned or used by residents (storage of trucks being prohibited), guest house, servants, quarters, and other outbuildings incidental and related to residential use of the premises. 2. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any property in this Subdivision until the building plans, specifications, exterior color scheme and plat plan showing the location and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations have been approved in writing by the Adkins Estates 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 property in this Subdivision from maintaining any legal action relating to improvements within this Subdivision which they would otherwise be entitled to maintain. There shall be no compensation to the Property Owners Association for the services to 319 E. Mar-kharn (Marj et Row) n02 Little Rock, Arkansas 72W 501-223-9900 fax 50t225-9293 3. MINIMUM PRINCIPAL DWELLING SIZE. The square foot heated and cooled area of the residential portion of each principal structure shall be not less than 3,400 square feet, and the entire structure shall have not less than 3,400 square feet under roof. The minimum square foot area under roof requirements shall be computed in a horizontal plane from outside of eave to outside of eave, not including a hanging gutter. The minimum square foot are requirements shall be computed in a horizontal plane to the outside top plate line of the principal residential structure. All garages shall be 3 car minimum and be end loaded structures. 4. BUILDING LOCATION. No building shall be located on any building site nearer to the front lot line or nearer to the side street lime than the minimum building setback lines shown on the recorded plat. No building shall be located nearer than a distance equal to ten percent of the width of the lot at the front building line or ten feet, whichever is greater, to an interior lot line. No principal dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line. For the purposes of this paragrapbh eaves, steps, balconies and open porches shall be considered as part of the building but open terraces or patios without roofs shall not be so considered. 5. LOT AREA AND WIDTH. No lot shall be subdivided without written consent of the Property Owners Association and the Little Rock Planning Commission first had and obtained, and in any event no dwelling shall be erected or placed on any building site having a width of less than 60 feet at the minimum building setback line, nor shall any dwelling be erected or placed on any lot having an area of less than 10,000 square feet. 6. EASEMENTS. Easements of way for streets as shown on the plat filed herewith have heretofore been donated and dedicated to the public, and the persons, firms or corporations engaged in suPAYIng Public utility serviccs, the same being, without limiting the 4 generality oft he foregoing, electric power, gas, telephone, water and sewer, shall have the right to use and occupy said easements of way and streets for the installation, maintenance, repair and replacement of such utility services. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been reserved, 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. 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, Lances, pavements, or similar improvements shall be grown, built or maintained within the area of 5 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. 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 backEn 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 premises or parked on the premises other than for making routine deliveries. 9. TEMPORARY STRUCTURES. No trailer, basement, tent, shack, garage, barn or other outbuilding, other than guest house and servants' quarters, erected on a building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. 10. 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 rgnt. M 11. 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. 12. LIVESTOCK AND POULTRY- No animals, livestock or poultry of any kind shall be raised or kept on any building site, except that two dogs or two cats may be kept, provided that they are not kept or maintained for any commercial purpose. 13. SIGHT DISTANCE AT INTERSECTIONS. 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 50 feet from the intersection of the street lines; or, in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end with a line connecting them at points 50 feet from their intersection. The same sight line limitations 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. 14. FENCES. No fence, wall, hedge or mass planting shall be permitted to extend beyond the minimum front building setback lime established herein or from the side yard building line to the street on comer lots. The design, construction and materials of any fence or wall must be approved by the Adkins Estate Property Owners Association, as provided in paragraph 2 above. 7 15. 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. 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. 17. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are chord distances, and all curve data as shown on the attached Plat are 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. 18. 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 Subdivision, or any utility company owning utility facilities in any utility or street casement, 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. 19. PROPERTY OWNERS ASSOCIATION. The purchaser or owner of any property in the Subdivision, by acceptance of title agrees to become and shall be a member and have membership in the Adkins Estate Property Owners Association, a non-profit corporation. 8 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, preservation and improvement of all recreational facilities and other public 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, provided such annual assessment against any residential lot shall be an equal amount per lot and further provided that any increase above five percent over the previous year must be by the vote of a majority of those present at a special or the regular annual meeting of the Property Owners Association. 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 Adkins Estate Little Rock, Arkansas A lien shall exist and shall continue to exist on each lot in the Addition for the amount of annual dues or assessments so fixed until the same is fully paid. The Association shall have the right, power and authority to add a penalty not to exceed twenty percent (201/o) 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. 9 The Articles of Incorporation and Bylaws of said Association provide that such purchaser or owner of a lot in said Subdivision shall be entitled to one vote at all elections and on all other matters that may come before a mecting of the members, provided that if any member of said Association shall be the purchaser or owner of more than one lot in said Subdivision he shall be entitled to as many votes as the number of lots purchased or owned by him. Allotter shall be entitled to and obligated to accept membership in said Association and shall pay dues or assessments with respect to the unsold lots in said Addition. Professional builders shall be exempt from paying dues on lots until such time as a house is completed and sold to the original homeowner. 20. AMENDMENTS & WAIVERS. 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 or waiver granted signed and acknowledged by votes cast by the owner or owners of over 50 percent in area of all of Adkins Estate Little Rock, including the land covered by this Bill of Assurance, all presently existing; Bills of Assurance, or any Bills of Assurance which shall be hereafter filed designating additional land as Adkins Estate Little Rock and approved by the Little Rock Planning Commission is duly filed for record in Pulaski County, Arkansas. 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 hereinbefore. 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. 21. 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 Grantor has hereunto affixed its corporate seal and caused these presents to be executed by its duly authorized officers on the day of 2001. Rev'ovKted only for inclusion of minimum standards required by tfre City of Me BcK* subdivision redggulatiorr, Bill of Assurance provisions e;lblished by th c develow may exceed minimum regu1atiur.s cf fho ut%rfRr xk stsbdi&ion�-annddd zoning ordlnancc, . City cf Little Rock Planning Comi;nissicn ALLOTTER ADKINS ESTATES 11 Dcc## 2001055480 ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF PULASKI ) BE IT REMEN[BERED, that on this date came before me, a Notary Public, duly commissioned and acting for the State and County, aforesaid Bob Adkins, and stated that as the Allotter in the foregoing Bill of Assurance had executed the same for the purposes set forth herein. My Commission Expires Notary Public Betty isoyetta'wo 9yptfift , pufasici county, Arkansas My commisaion Expires 511 ❑12W2 12 Ci! of Little Rock Ent ineerin Divisio Depanment of ?01 West 1.:arknam Public works Little Rock. ArkarrscS 371-4811 M �m CIVIL ENGINEERING RESPONSE The Civil Engineering Requirements for Filing of Final Plats t have been satisfied. Approval for filing of this plat can be issued E,sr E' Signed By KDELz GCS: 'P][F 'P)rr 6 Dif4@As C� o �' � • 7J D - E) 1,1,e ..;,/ 7/�, r5) P / flve.0 / 14%Y/ .7w t 0 PA804 M O.y 0.4 4 GvN - u L DXr oV ,01..0.4 D K Ar d 6,. 114- Necd �6�,¢ / sN A10/eIL /Vaw �.o-cam CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX FROM AGENCY PAX r PHONE fi TOTAL PAGES 9cP" /`r. °�/ J T.0-.C'fh-.'f P%Rs