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HomeMy WebLinkAboutS-1229-C ApplicationBILL OF ASSURANCE OF PHASE I SAGE MEADOWS SUBDIVISION KNOW ALL PEOPLE BY THESE PRESENTS: THAT, WHEREAS, WTH Development L.L.C., an Arkansas limited liability company (hereinafter called "Allotter" or "WTH") is the owner of the following property, known as Sage Meadows, Phase I, being particularly described in Exhibit A; WHEREAS, it is deemed advisable that all of the above -described property shown on the plat referenced herein, be now subdivided into building lots and streets as shown on the attached plat filed herewith, and that said property be held, owned and conveyed subject to the covenants and conditions set forth herein so that the value of. said property might be enhanced and preserved. WHEREAS, Allotter has developed 39 residential lots and plans to an additional 30 residential lots in an additional phase of Sage Meadows Subdivision and desires that this Phase I be considered the initial phase in the development of the community and neighborhood known as " Sage Meadows"; WHEREAS, Allotter has purposely not created a Sage Meadows Property Owners Association ("POA") because it believes that it is unfair for the largest landowner to control an association ostensibly created to benefit Sage Meadows residents. Allotter does, however, support a Sage Meadows POA organized by Sage Meadows residents and will do what it reasonably can to continue to make positive contributions to Sage Meadows; NOW, THEREFORE, the Allotter, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat, filed herewith, showing a survey made by The Mehlburger Firm datedNovember 17, 2008 and bearing a Certificate of Approval executed by the Chief Engineer of the City of Little Rock and showing the boundaries and dimensions of the property to be subdivided. Allotter hereby donates and dedicates to the public an easement of way on, over and under the streets shown on said plat to be used as public streets. In addition to said streets, that 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, those being, without limiting the generality of the phrase "public utilities", electric power, gas, water and sewer, telephone, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and maintain such easements and to have ingress and egress there from for the installation, maintenance, repair and replacement of such utility services. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex-Officio Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements, subject to the limitations set forth herein. The SW'/4 SW 1/4 section 11, T-1-N, R-13-W, lying west of the west right-of-way line of John Barrow Road, Little Rock, Pulaski County, Arkansas less and except Lot 1, Four Oaks Living Center, Little Rock, Arkansas recorded in Plat Book E, Page 585, Records of Pulaski County, Arkansas, containing 33.9175 acres, more or less. The Allotter hereby reserves the right to use any surplus dirt in said streets for its own use and benefit and for the use and benefit of any other person, firm or corporation as it may specifically designate from time to time. Said land herein platted and any interest therein -shall -be held, -owned -and conveyed subject -to and in conformity with the following covenants running with the land and conditions: 1. Use of Land. The land platted herein shall be held, owned and used only as residential building sites. No structure(s) shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence. Each residence erected or maintained upon the land platted herein shall have a two -car garage, unless Allotter or its architect approves a larger garage in writing or waives the requirement for any garage. Any other use shall be expressly prohibited. 2. Architectural and Allotter Approval. No residence or other improvement (including but not limited to any fence, wall or other structure) shall be erected, placed or altered on any property in Sage Meadows until the building plans and specifications, exterior color scheme, plot plan showing the nature, kind, height, shape, type of building material and location (and other details reasonably deemed relevant to Allotter) and direction of such residence or other improvement with respect to existing topography, adjoining streets and finished ground elevations have been approved, in writing, by the Allotter. If Allotter fails to approve or disapprove any plans, specifications exterior color scheme, plot plans or other features within twenty (20) days after it receives same, such plans, specifications, exterior color scheme, plot plans or other features shall be deemed to fully meet the requirements of this covenant. Nothing contained in this covenant nor any consent by the Allotter shall be deemed to prevent any owner of property in Sage Meadows from enforcing any legal rights which such owner may have as to any improvement in Sage Meadows Subdivision. 3. Setback Requirements. No residence or other permitted improvement shall be located on the lot nearer to the front lot line, rear lot line or side lot line than the minimum building setback lines required by the City of Little Rock or shown on the recorded plat. For purposes of this covenant, eaves, steps and porches shall not be considered as part of the building. 4. Minimum Area for Residences. No residence shall be constructed or permitted to remain in any building site in Sage Meadows Subdivision unless the finished heated living area, exclusive of porches, patios, garages, breezeways, exterior stairways and storage areas shall equal or exceed Twenty- Five Hundred (2,500) square feet. Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. 2 5. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot in this addition other than one detached, single-family residence not to exceed two stories in height. The predominant roof pitch for all residences constructed shall be 7/12 pitch and architectural grade dimensional or textured shingles shall be the minimum permissible roof finish, though Allotter or its architect reserve the right to make any and all decisions regarding the design, layout, and construction of the residence. 6. Frontage of Residence on Streets. Any residence erected on any lot in Sage Meadows shall front or present a good frontage on the streets designated in the plat and, for this purpose as applied to all inside lots, it shall mean that the residence shall front on the street designated and on any corner lot it shall mean that -the residence -shall front or -present a good -frontage -on -both of the -streets -designated i . the plat. The decision about whether the home fronts property shall be made, after full consideration —of-al-l-circumstances-by Allotter-and/or-Allotter's-architeot.. - - 7. Commercial Structures. No building or structure of any type 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 structure 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 services to this addition. 8. Outbuildings Prohibited. No outbuilding, gazebo, metal shed or other detached structure separate from or appurtenant to the residence may be erected on any of the lots hereby restricted without the prior written consent of Allotter, after Allotter has reviewed the final plans and specifications therefore. Under no circumstances will Allotter grant its consent to an outbuilding after the outbuilding has been constructed. Allotter's failure to promptly enforce a violation of this section of the Bill of Assurance shall not, in any way, endorse the prohibited out -building or constitute a waiver of Allotter's right to enforce this Bill of Assurance. 9. Livestock and Poultry Prohibited. No animals, livestock, insects, snakes, 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 or fighting purposes. 10. 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. Allotter shall have the right to impose a lien on the fee interest of the lot owner (including its agents) responsible for the noxious activity to cover the costs of cleanup or damage to other property in the Sage Meadows as well as legal fees and expenses incurred by Allotter as a result of the creation of noxious activity. 11. Dumping by Builders Prohibited. All builders are asked to monitor the activities of fellow builders and cash rewards may be provided if Allotter receives information which enables Allotter to prosecute a builder who dumps on a lot which he/she does not own. Allotter has had to spend up to $1800.00/lot to clean lots which have been trashed by builder disregard for another person's private property rights. 3 12. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures on any lot is specifically prohibited, except that billboards advertising the sale or rental of such property be permitted, provided they do not exceed eight square feet in size. Further, builder or contractor signs which do not exceed eight square feet in size shall be permitted during construction. 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 Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding 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 and Drainage. 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. No trees, shrubbery, incinerators, structure, buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility or drainage easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such easement, no person, firm or corporation engaged in supplying public utility services shall 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. 18. Fences. No fence, 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 chain link or similar fences are in all events strictly prohibited and shall not be used under any circumstances; provided, further, that it is not theintentions-of this_paragr-aph to-exzlude.the-use of-wrought_ir be`.inewporated-in-allowln e fencing areas and evergreens or other shrubbery to landscape the front yard. 19. Antennas/Satellite Dishes. No television, radio or any other type of antenna/satellite dish will be allowed unless it is (i) less than twenty inches (20") in diameter and (ii) attached to the rear of the home and is not in the line of sight from the street at the front of the home, said determination to be made by Allotter or its architect. In no circumstances is any type of "HAM" radio antenna, any antenna that is higher than the roofline of the home, or any satellite dish larger than twenty inches in diameter permissible. This covenant applies prospectively to all residents of all phases of Sage Meadows Subdivision 20. Vehicles. No automobile, truck trailer, recreational vehicle (including, but not limited to, boats, jet skis, houseboats, motor homes or coaches, all -terrain vehicles and "four wheelers"), tent or temporary structure of any nature shall be parked, located or otherwise maintained on any lot or building site, provided that it is not the intention of this paragraph to exclude the temporary (a week or less) parking of said vehicle or structure on a portion of the garage driveway. If Allotter--in its sole and reasonable discretion --determines that the "temporary parking" exception is being abused, it shall have the right to order the vehicle removed. 21. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at _elevations between -two and six feet 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 fifty (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, and a line connecting them at points fifty (50) feet from their intersection. 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. The same straight-line limitations shall apply on any lot within ten feet of the intersection of the street property line with the edge of a driveway or alley pavement. 22. Property Lines and Boundaries. Placement 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 filed herewith its 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 and distances as disclosed by the established pins, the pins as set by The Mehlburger Firm shall control. 23. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cut at driveways, and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 24. Ground Frontage. No lot shall be subdivided. 25. Right to Enforce. The covenants, standards and restrictions set forth herein 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 successars andassigns, anrLsadth each ofthern-to_conform_to_an e __ of said lots and the construction of improvements thereon, but no restriction herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their term of holding title to said land, and Allotter, 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 Allotter, its successors or assigns, or any owner or owners of any lot or lots in this addition to enforce any of the restrictions herein set forth at the time of its violation shall, in no event be deemed to be a waiver of event be deemed to be a waiver of the right to do so thereafter. 26. Modification of Restrictions. 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 75% in area of the total land contained within the present and planned Sage Meadows and all additional property which Allotter has reserved the right to plat in the future as part of Sage Meadows Subdivision, an addition to the City of Little Rock, said acreage currently consisting of approximately 33.9175 acres in its entirety. The provisions of such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each covenant in this instrument, unless expressly 27. Oil. Gas and Other Minerals. Allotter, for and in consideration of Ten and No/100 Dollars ($10.00) executes tlz is Bill of Assurance solely upoai the belief that it owns the oil, gas and minerals except the coal, sand, clay and gravel in and under the above described land and hereby subordinates its interest in the oil, gas and other minerals except coal, sand, clay and gravel to this Bill of Assurance and pursuant to paragraph twelve (12) hereof will not engage in any oil drilling, oil development operating, oil refining, quarrying or mining operations or otherwise use the surface for any of the above listed activities. 28. Extension. All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten years each unless modified, terminated or canceled as provided herein. 29. 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. 30. Amendment. This Bill of Assurance (and any other prior Bill of Assurance for Sage Meadows) may be amended, modified, or changed —in whole or in part —by Allotter. In Phase V, any modification of the Bill of Assurance shall be presented to the Sage Meadows POA as a courtesy before any change is made. EXECUTED this 3rdh day of November, 2008. 6 WTH Development, L.L.C. By: Scotty Thurman, Vice -President AT EST: By: ACKNOWLEDGMENT STATE OF ARKANSAS ) )ss COUNTY OF PULASKI ) On this day personally appeared before the undersigned, a Notary Public within and for the said County and State aforesaid, duly qualified, commissioned, and acting, the within named Scotty Thurman, to me personally well known, who stated that he is the Vice- President of WTH Development, L.L.C., and stated and acknowledged that he is duly authorized to execute the foregoing instrument for and in the name and said foregoing instrument for the consideration and purposes therein mentioned and set forth. WITNESS MY HAND AND OFFICIAL SEAL on this day of 1V b V 200 Ya . G otary Public My Commission Expires. � rr- [SEAL] puwc - rr►rrrrir�r�►���� CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS NAME —SAGE MEADOWS PHASE 1' 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. Certain improvements remain uncompleted and a punch list has been prepared and sent. c Engineering Specialist Date:_ / �D ADDRESSING SPECIALIST'S REPORT Zhe vie th .p dfin at the street names and street configuration are acceptable. I Addressing Specialist Date: J' TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage and street lights. Indicate the number of street signs ordered for this plat for billing to developer % Certain improvements remain uncompleted and a punch list has been prepared and sent. Traffic Engineer Date: ��. S- E-UT PHILPOTT CIVIL ENGINEER REPORT I hav7iewed 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. All other requirements for final plat approval have been satisfied. ii I ��-�- — 9' r Civil Engineer I/II Date: 1 1 SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor Date:_/- MANAGER APPROVAL. All Civil Engineering requirements for filing this final plat have been satisfied. Date: Design Review Engineer/Civil Engineering Manager February 2007 City of Little Ruck Planning and Development Filing Fees Date 9 20_L2 Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ Final Plat Planned Unit Dev $ Preliminaiy Plat $ F Special Use Permit $ Rezoning Site Plans Street Name Change $ ' Street Na a Signs Number at '25Mea �} $ Public Hearing Signs Number at ea $ Total File No c Location Applicant By ' .� �.