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HomeMy WebLinkAboutS-1313-C ApplicationPLAT AND BILL OF ASSURANCE WOODLANDS EDGE LOTS 30 THROUGH 52, BLOCK 2 LOTS 7 THROUGH 12, BLOCK 4 TRACTS K, L, M, N AND O ROCKET PROPERTIES, LLC TO THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: 2003054587 06/06/2003 81:43:22 PH Filed 8 Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $38.88 That Rocket Properties, LLC, hereinafter called Developer, is the owner of the following property: Part of the Southeast 1/4 of Section 8, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows: BEGINNING at the Northwest corner of Lot 6, Block 4, W,qodiands Edge Addition (Plat G-468); thence North 30' 09' 43" West a distance of 17.23 feet; thence North 35' 00' 46" West a distance of 77.54 feet; thence North 420 43' 5 3 " West a distance of 73.23 feet; thence North 480 59' 55" West a distance of 80.12 feet; thence North 49' 35' 14" West a distance of 90.00 feet; thence North 490 55' 08" West a distance of 86.49 feet; thence North 55° 04' 04" West a distance of 74.80 feet; thence North 31' 41' 0 1 " East a distance of 165.00 feet; thence along a curve to the right having a radius of 825:00 feet and an arc length of 6.71 feet and a chord which bears South 58' 05' 00" East a distance of 6.71 feet; thence North 32' 08' 59" East a distance of 105.00 feet; thence South 65' 4749" East a distance of 59.11 feet; thence South 52' 56' 05" East a distance of 44.01 feet; thence South 50' 53' 38" East a distance of 22.79 feet; thence South 49' 37' 30" East a distance of 11.51 feet; thence South 76' 07' 32" East a distance of 277.25 feet; thence North 74' 29' 27" East a distance of 32.70 feet; thence South 85' 58' 46" East a distance of 134.03 feet; thence South 71' 16' 37" East a distance of 106.41 feet; thence South 73' 26' 14" East a distance of 274.14 feet; thence North 74' 10' 42" East a distance of 217.89 feet; thence South 58° 26' 50" East a distance of 134.03 feet; thence South 12' 03' 10" East a distance of 44.78 feet; thence North 69' 12' 03" East a distance of 212.47 feet to a point on the Southerly line of Lot 72, Block 13, Cherry Creek Addition (Plat E-814); thence South 45' 27' 53" East alongoo Southerly line of Lots 72-76, said Block 13 a distance of 315.91 feet to a p 'in the Westerly line of Brodie Creek Community (Plat E-745); thence Sout}�`�t Prepared by: H. Baker Kurrus, Attomey At Law Ark. Bar Assn. #80082 P.O. Box 3157, Little Rock, AR 72203 Y ��s��aaaa�3,x.i 57" West along said Westerly line a distance of 238.76 feet; thence continuing along said Westerly line along a curve to the left having a radius of 620.00 feet, an arc distance of 314.97 feet and a chord which bears South 62' 53' 13" West a distance of 311.59 feet; thence continuing along said Westerly line South 39' 37' 39" West a distance of 13.59 feet to the Northeast corner of Tract C, said Woodlands Edge Addition; thence North 77' 47' 3 5 " West along the North line of said Tract C and Lot 23, Block 2 a distance of 317.22 feet; thence North 840 38' 11" West along the North line of Lot 24, said Block 2 a distance of 86.44 feet; thence North 80' 59' 29" West along the North line of Lot 25, said Block 2 a distance of 93.53 feet; thence North 84° 44' 56" West along the North line of Tract D a distance of 22.01 feet; thence North 83° 50' 03" West along the North line of Lot 26, said Block 2 a distance of 101.49 feet; thence North 30' 06' 01" West along the East line of Lot 28, said Block 2 a distance of 92.68 feet; thence North 33° 14' 12" West along the East line of Lot 29, said Block 2 a distance of 90.68 feet to the Northeast corner of Lot 29, Block 2, said Woodlands Edge Addition; thence South 60' 01' 42" West along the Northerly line of said Lot 29 a distance of 165.00 feet to a point on the Westerly right-of-way line of Woodsgate Drive; thence South 29' 37' 35" East along said Westerly right-of-way line a distance of 8.14 feet to the Northeast corner of said Lot 6, Block 4; thence South 60' 43' 09" West along the Northerly line of said Lot 6 a distance of 115.00 feet to the POINT OF BEGINNING, containing 611,362 square feet or 14.035 acres, more or less. WHEREAS, it is deemed desirable that all of the above described property be subdivided into building lots, common areas, tracts and streets as shown on the Plat filed in conjunction with the Bill of Assurance; and, WHEREAS, the aforementioned property is part of the real property which is subject to a Declaration of Covenants and Restrictions filed on the 28th day of August, 2002, in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, as Instrument No. 2002172411 ("The Declaration of Covenants and Restrictions"), and an Addendum to Covenants and Restrictions filed on the C lw day of , 2003 as Instrument No. R o o -1o Sjl rg, 4 which establishes a community with common facilities and amenities known as WOODLANDS EDGE; and WHEREAS, it is deemed desirable that all of the above described property be subdivided, held, owned and conveyed subject to the covenants and restrictions contained in The Declaration of Covenants and Restrictions and subject also to the easements, reservations and restrictions shown on the Plat which is filed in conjunction herewith, and subject also to the protective covenants contained in this Bill of Assurance in order to enhance the value of such property. NOW, THEREFORE, Developer has caused the property to be surveyed by The Mehlburger Firm, Registered Land Surveyors, and a Plat thereof made which is identified by the title WOODLANDS EDGE, Lots 30 through 52, Block 2; Lots 7 through 12, Block 4; Tracts K, L, M, N, and O and the date 5-,22 - 0.3 , and said Plat bears the signature of the said Land Surveyor and the said Developer, and is of record in the Office of the Circuit Clerk and Recorder of Pa Pulaski County, Arkansas, in Plat Book , and Developer does hereby make this Bill of Assurance applicable to such property. Developer does hereby certify that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide said real estate as WOODLANDS EDGE, an Addition to the City of Little Rock, Pulaski County, Arkansas, and each and every deed of conveyance for any lot or tract in said Addition describing the same by the number or numbers as shown on said Plat shall always be deemed a sufficient description thereof. Developer hereby dedicates to the public forever an easement of way on and over 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, including easements for drainage and utilities. Developer hereby donates and dedicates such utility easements to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electrical power, cable television, gas, telephone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utility services to use and occupy such easements and to have free ingress and egress thereon for the installation, maintenance, repair and replacement of such utility services. Any and all other easements and reservations shown on the Plat, such as easements and reservations for entry facilities, signs, landscaping, ingress and egress, fencing, and the like, are also hereby dedicated and donated to and for the use of the Developer, WOODLANDS EDGE Community Association, Inc., and its members. The filing of the Plat and Bill of Assurance for record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, shall be valid and complete delivery and dedication of the streets and easements shown on said Plat, and the streets in said WOODLANDS EDGE shall be known by the names designated on said Plat. Said land herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the covenants of The Declaration of Covenants and Restrictions establishing WOODLANDS EDGE. In addition, the following covenants and restrictions shall also ' apply, subject to being amended or cancelled as hereinafter provided, and shall be and remain in full force and effect until December 31, 2027, unless extended. 1. LOT AREA AND WIDTH. No residence shall be erected, altered or permitted to remain on any lot covered by this Bill of Assurance and shown on the Plat referenced herein if the area of the lot is less than 6,000 square feet or if the width thereof at the front building line is less than sixty feet (60'). No lot shall be subdivided without written consent of Developer and of the Little Rock Planning Commission first had and obtained. 2. LAND USE AND BUILDING TYPE. Said land herein platted as lots shall be held, owned and used only for residential building sites. No structure shall be erected, altered, placed or permitted to remain on such residential building sites other than a detached single family dwelling, a private garage for the storage of passenger cars owned or used by residents, guest house, servant's 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 3 model homes for promotional purposes and sales offices by Developer or other professional builders with approval of the Developer, or the platting of tracts for other lawful purposes by Developer. 3. MINIMUM AND yLAXQfUM PRINCIPAL DWELLING SIZE. No principal residential structure shall be constructed or permitted to remain on any of the lots platted hereby unless the main floor area thereof, exclusive of porches, patios, carports, garages and breezeways shall be at least 2,400 square feet for a single -level home and 2,600 square feet for a two-story home. The term "main floor area" as used in this paragraph shall include living, dining and sleeping areas, which areas may be on different levels. 4. ARCffiTECTURAL CONTROL. All construction and styles of residence shall first be approved by the Architectural Control Committee of WOODLANDS EDGE, all as set forth more fully in The Declaration of Covenants and Restrictions. The residences on the lots herein described shall be of similar size and compatible architectural style so as to create a neighborhood with common and complementary architectural elements. 5. BUILDING LOCATION. No building shall be constructed on any lot nearer to the street than twenty-five feet (25') as shown by the building line and setback lines shown on said plat. No residential structure shall be located nearer to an interior lot line than ten percent (101/0) of the average width of the single family lot, provided that such side yard need not exceed eight feet (8) in width. For purposes of this restriction, eaves, steps and open porches shall not be considered a part of the dwelling. No residential structure shall be nearer than twenty-five feet (25) to the rear lot line as shown on the Plat filed in conjunction herewith. 6. COMMON AREAS 1 TRACTS 1 NATURAL AREAS. There may be shown on the plat filed in conjunction with this Bill of Assurance certain natural areas noted as Tracts. These areas or Tracts are reserved for the exclusive use and enjoyment of the owners of property in WOODLANDS EDGE. Such uses may include, but are not limited to, the following: playground areas, green spaces, greenbelts, natural buffers, open spaces, play fields, pools, picnic areas, trails, sidewalks, walkways, exercise and jogging paths, entry features, signs, interpretive signs, sales offices used by Developer, landscaped areas, and other recreational areas or facilities. No construction of any kind, and no disturbance during construction, shall take place on such natural areas other than that undertaken by the Developer. Such areas shall be conserved as natural areas, without the removal of any living vegetation, all as more fully described in the Declaration of Covenants and Restrictions and in any architectural guidelines and policies which are established by the Architectural Control Committee for WOODLANDS EDGE. Unless specific easements for access, ingress and egress are shown on the recorded plat for a particular lot or lots, no common area may be used for access, ingress, egress, parking, storage of materials, dumping of debris, excavating, filling, or for any other use inconsistent with this paragraph. 4 7. NLAINTENANCE OF COMMON AREAS. Ail common areas in WOODLANDS EDGE and improvements therein, including greenbelts, islands, medians, and tracts of land set aside and reserved for drainage, buffer, park and aesthetic purposes shall be maintained by WOODLANDS EDGE Community Association, Inc. at its sole cost. All such areas shall be dedicated and donated by the Developer to the association and will be reserved for the use and benefit of owners of lots within WOODLANDS EDGE. 8. CONSERVATION AND DRAINAGE EASEMENT. As indicated on the Plat filed in conjunction with this Bill of Assurance, a Conservation and Drainage Easement exists in the rear yard area of Lots 42 and 46, Block 2 of WOODLANDS EDGE. No living trees may be altered or removed from within the area of said Conservation and Drainage Easement except in accordance with the guidelines established without prior written consent of the Architectural Control Committee. In addition, no fence or other obstruction may impede the flow of surface drainage within the easement. 9. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot corners and points of curve, and all curve data shown on said Plat referenced herein is centerline curve data. In the event of minor discrepancies between the dimensions or distances shown on the Plat and the actual dimensions or distances as disclosed by the established pins, the original pins as set shall control. 10. SIGN FENCE AND LANDSCAPE EASEMENT. Sign and landscape easements may be reserved by the Developer on portions of lots or land in WOODLANDS EDGE, and are shown as shaded areas on the Plat filed in conjunction with this Bill of Assurance. 'These easements permit the construction, maintenance and upkeep of permanent subdivision identification signs, fountains, fences and associated landscaping, berms and rocks, and are reserved for the use and benefit of Developer for as long as Developer holds title to any land or lots in WOODLANDS EDGE or in contiguous lands subsequently platted as WOODLANDS EDGE. Developer *may assign these easements to any organization representing owners of lots in WOODLANDS EDGE at any time during the period Developer holds title to any land or lots in WOODLANDS EDGE. If no assignment takes place during such period, or if Developer releases an easement, the easement shall cease to exist. The developer or its assigns retain the right to construct, maintain and keep temporary or permanent identification signs or interpretive signs on any Tract or common area in WOODLANDS EDGE. 11. MAILBOXES. Mailboxes shall be as specified in the Architectural Guidelines and as set forth in the Declarations of Covenants and Restrictions. 12. 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. 13. ENFORCEMENT. In the event of any attempt to violate any of the covenants or restrictions contained herein before the expiration date hereof it shall be lawful for WOODLANDS EDGE Community Association, Inc., any appropriate governmental authority, the Developer, or any person or persons owning a lot or lots in WOODLANDS EDGE to initiate compliance 5 procedures pursuant to the terms of The Declaration of Covenants and Restrictions, or to pursue any other lawful remedy. 14. AMENDMENT. This Bill of Assurance may be cancelled, amended or extended in accordance with the terms set forth in The Declaration of Covenants and Restrictions. No amendment shall be effective unless and until duly enacted pursuant to the terms of The Declaration of Covenants and Restrictions and properly filed for record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas. 15. SEVERABILITI'Y. The invalidation of any one of these covenants or restrictions by any court of competent jurisdiction or otherwise shall in no way affect any of the other provisions, which shall be independent and which shall remain in full force and effect. r Executed this : ; day of 2001 ROCKET P PERTTES, LLC By: U ATTEST: fI4 -/(I�J - Rev ed c,,<Y Icr i :r.# IS vc'Li regsiirW by to CIZJ cf tiFua Poc.1 8ilicf kssumrea r:crsic= r.:t-_I' developer may e=Lad i Wic: , '�€!ho Little Rock subdivision and zoning ordin sixn r City of little Rock Planning mission ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day of 2003, before me, a notary public, duly commissioned, qualified and acting within and for the county and state aforesaid, appeared in person t. y , f ' ! 4 and �' it 5 to me well known, who stated that they were -members of Rocket Properties, LLC, an Arkansas limited liability company, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and on behalf of said limited liability company, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year aforesaid. My Corpmission Expires: ti VICTORIA D. TYNE z*_ -My Pulaski County CornmWslon Expires "•k' November 18, 2012 rl Notary Public ~City of ' • ►..�j, , ?I Public Works Department of s- r, 701 West Markharn UtHe Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 %heal / iVerj e / CIVIL ENNNEERINGI/RESPONSE Division THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OAN FT IS B �LAT 67 BE ISSi3ED p L AH S 4- d � Taxfs K� 4 A IV �' a �ly-0�� ��4-e. :Kfir � 8 m SIGNED BY ENGINEER I�/•` Mf. �^-� NSl� SIGNED BY SURVEYOR crr-NTpn RV 911 ADDRESS COORDINATOR ©�,/ l DXF. DISKETTE PLAT ec3 QW DXF DISKETTE STORM DRAIN H c41i REMARKS Gm City of Little Rock Planning and Development Filing Fees Date: a Zp 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 JUG Street Name Signs BUILDING CODE Number __j _atfI5d)ea. Public Hearing Signs Number -at -ea. $ Total File No. Location L4 I M,,„ - } Applicant By �^,.