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HomeMy WebLinkAboutS-1244 ApplicationCit of Lit11e Rock Encineerin2 Division P1Jt)IiC Works Lmle �Dck. ASi.af:5E5 ?il-tEll FkX -tf,D CIVIL ENGINE-=R=NG R SSPOIcS7- _he Civil Engineering sZeG^.iir eye- is Fo_ = i1; nc o_ Final Plats have been Sa nisi ied. approval A. C: i 5 ling off T=115 .lat can be issued p4v< V/E4i oO S.i gned 3y O k- SAC C Nof h - (,o u � u_L_ c Ko7L�s ���� . CLR 0 S D2�1* 1TT'� J 10 21G_2a'CY Fxx T FROM AG -NC �v t S ^O:%� I G E S BILL OF ASSURANCE LOTS 10R, 11R & 12R, BLOCK 7, PARKVIEW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, J. Tappan Hornor, hereinafter called "Allotter", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as follows: "Legal Description Appendix I" Lots 10R, 11R, & 12R, Being a Replat of Lots 10, 11, & 12, Block 7, Parkview Addition to the City of Little Rock, Arkansas; and the West 20' of Filmore Street adjacent to said lots, which was vacated by the City of Little Rock, by Ordinance No. 10478, March 25, 1957, Deed Book 630, Page 51. WHEREAS, it is deemed desirable that the above described property be now re -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 protec- tive covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE, for and in consideration of the benefits to accrue to J. Tappan Hornor, his successors and assigns, which benefits he acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by Robert C. Lowe, Jr., Registered Sur- veyor, and executed by him August 14, 1995, executed by it and bearing a certificate of approval executed by the Little Rock Planning Commis- sion, 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 an 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 with- out limiting generality of the foregoing electric power, gas, tele- phone, 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. The filing of this Bill of Assurance and Plat for Record in the office of the County Circuit Clerk of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements sub- ject to the limitations herein set out. The lands embraced in said plat shall be forever known as "Lots 10R, 11R, and 12R, Block 7, Parkview Addition to the City of Little Rock, being a Replat of Lots 10, 11, & 12, Block 7 Parkview Addition to the City of 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. 2 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 cancelled 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 cancelled 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. 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 pur- poses, may be erected or maintained thereon. 2. Lots may be split to increase the size of adjacent lots. 3. 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 3 from the side or 20 feet from the rear lot line. No principal dwell- ing 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 shall not be considered as a part of the building. 4. 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 1,750 square feet. 5. Noxious Activit . 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 any- thing 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. 6. Existing Structure. No existing erected building or struc- ture of any sort may be moved onto or placed on any of the above -des- cribed lots. 7. Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and ser- vants' quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporary or perma- nently, nor shall any structure of a temporary character be used for human habitation. 8. Easements for Public Utilities. Easements for the installation, maintenance, repair and replacement of utility services, 4 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 loca- tion thereof. In the event any trees, shrubbery, incinerators, struc- tures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easements, no per- son, 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. 9. Fences. 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 ever- greens or other shrubbery to landscape front yards. All fences shall be of wood or decorative iron construction. 10. 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. 11. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and 5 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 J. Tappan Hornor, his 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 addi- tion to ordinary legal action for damages and failure of 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. 12. Modification of Restriction. Other than for amendments cov- ered under paragraph two of this document, any and all of the cove- nants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or cancelled 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 0 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 ter- minated or cancelled as herein provided. 13. 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 therein, but they shall remain in full force and effect. (� p WITNESS our hand and seals this day of AT� ST: By ! �- Owner & Alla er APPROVED: LITTLE ROCK PLANNING COMMISSION By Date 7 ACKNOWLEDGMENT STATE OF ARKANSAS ] ) SS. COUNTY OF PULASKI ] On this day of 0us,, as't , 1995, before me a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named J. Tappan Hornor, to me personally well known, who stated that he was duly authorized in his respective capacity to execute the foregoing Bill of Assurance, 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 Z& day of 1995. NOTkRY PUBLIC Q MY COMMISSION EXPIRES: Z d 14 ,•'��'PN'�CROr o +Q 0YAR - Y ALoco 29 CITY OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. i i 4- DATE_2jZ,/4/ 19� Annexation . Board of Adjustment Application. . Conditional Use Permit . Final Plat . 6j Planned Unit Development Preliminary Plat . . . . Rezoning Application .OQT111995 , Site Plan (Multiple Buildiri Special Use Permit G.UI INIGN CODE . $ Street, Alley, or Easement Closure Street Name Change . . . . . Street Name Signs: # Signs at ea. $ ay. TOTAL $ J 0 6 File No.: S`'�1�� Address: Applicant: /7 By: