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HomeMy WebLinkAboutS-1329-B Applicationcam: 00 Little Rock, Aftnsas 7220143 371-4811 Fax 371-4460 /1 l �/0 CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED- APPROVAL FOR MINI V THIS PLAT CAN BE ISSUED C� �� �4 T SIGNED BY ENGINEER SIGNED BY SURVEYOR QTr.VV ) RY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT D1Y DISKETTE STORM DRAIN REMARKS Division IZ o5� z o� 'mac AMERICAN ABSTRACT & TITLE COMPANY December 2, 2004 Donna James City of Little Rock 723 W. Markham Street Little Rock, AR 72201 Hand Delivery Re: Bill of Assurance Dear Ms. James, TITLE INSURANCE e ESCROWS s LOAN CLOSING Per Paul Jilg with Twin City Bank, enclosed is the original Bill of Assurance in regards to Covenant Cove Subdivision. It is my understanding that you are going to have this recorded when you receive the plat from Pat McGetrick. If this is contrary to your understanding please contact me at 227-8603. Thank you for your assitance. Sincerely, t TITLE COMPANY Billy Ri Escrow Enc. BOB ADKINS SHARON ADKINS 12814 Cantrell Road Owner, CEO President Little Rock, Arkansas 72223 Phone: 227-8603 • Fax: 227-9160 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, FAITHLAND RESIDENTIAL PROPERTIES #10, LLC, an Arkansas limited liability company (hereinafter called "Developer"), is the owner of the following property: Beginning at the NW corner of NW 1/4 NE 1/4 NE'/4 Section 15, T-1-N, R-13- W, Pulaski County, Arkansas. Beginning at the NW corner of NW 1/4 NW 1/4 NE 1/4 NE 1/4 Section 15, T-1-N, R-13-W, Pulaski County, Arkansas: thence N 75' 58' 53" W, a distance of 4.84 feet; thence N 87' 44' 14" W. A distance of 626.44 feet; thence N 0 V 12' 5 1 " E, a distance of 671.29 feet; thence S 87' 49' 44" E, a distance of 629.17 feet to the point of beginning. Containing 9.68 acres, more or less. located in Little Rock, Pulaski County, Arkansas (the "Covenant Cove Community Neighborhood")' and WHEREAS, Developer has caused to be incorporated Covenant Cove Community Property Owners Association, Inc. for the purpose of administering the maintenance of the common areas and amenities of Covenant Cove Community Neighborhood; and WHEREAS, all owners of lots within the Covenant Cove Community Neighborhood will be members of Covenant Cove Community Property Owners Association, Inc. as provided for herein; and WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter mentioned, be subdivided into building lots, tracts and streets as shown on the plat filed herewith, and that said property be held, owned and conveyed subject to the protective covenants herein contained and in the Covenant and Restrictions, in order to enhance the value of the Covenant Cove Community Neighborhood. NOW THEREFORE, Developer, 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, showing a survey made by Bob Lowe, Registered Land Surveyor dated , 2004 and bearing a Certificate of Approval executed by the Department of Comprehensive Planning of the F:\H0ME\SPA1N\faith1m& Mboawpd -I- City of Little Rock, and showing the boundaries and dimensions of the property now being subdivided into lots, tracts and streets (the "Plat"). There are shown on said plat certain easements for drainage and/or utilities which Developer 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, water, sewer and cable television 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 Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "Lots 1-51, Covenant Cove Community Neighborhood, an addition to the City of Little Rock, Pulaski County, Arkansas," and any and every deed of conveyance of any lot in the Covenant Cove Community Neighborhood describing the same by the number shown on said Plat shall always be deemed a sufficient description thereof. Said lands herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants: 1. Architectural Control. No improvement shall be constructed or maintained upon any lot and no alteration or repainting to the exterior of a structure shall be made and no landscaping performed unless approved by the Architectural Control Committee. (a) Desiaiiation of Committee. The Association shall have an Architectural Control Committee, consisting of at least three (3) and not more than five (5) members who shall be natural persons. Until one hundred percent (100%) of all Lots now subject to this Bill of Assurance are sold and have Dwellings constructed thereon, the members of the Architectural Control Committee, and all vacancies, shall be appointed by Developer. When one hundred percent (100%) of all Lots described in this paragraph are sold and have Dwellings constructed thereon, the members of the Architectural Control Committee, and all vacancies, shall be appointed by the Board of Directors of the Association. (b) Function of Architectural Control Committee. No Dwelling, Building, Structure or other Improvement shall be constructed or maintained upon any Lot and no alteration or repainting to the exterior of a dwelling, building, improvement or structure shall be made and no landscaping performed unless complete plans, specifications, and site plans showing the exterior design, height, building material and color scheme, the location of the structure plotted horizontally and vertically, the location and size of driveways, the general plan of landscaping, fencing walls and windbreaks, sewage systems and the grading plan shall have been submitted in writing to and FAHOMEWAIWaith1wds 10.boawpd -2 approved in writing by the Architectural Control Committee prior to the commencement of construction. A copy of the plans, specifications, and Lot plans as finally approved shall be deposited with the Architectural Control Committee. The Architectural Control Committee shall have the power to employ professional consultants to assist it in discharging its duties. The decisions of the Architectural Control Committee shall be final, conclusive and binding upon the applicant. (c) Content of Plans and Specifications. The plans and specifications to be submitted and approved shall include the following: (i) A topographical survey showing existing contour grades at 2-foot intervals and showing the location of the dwelling and all improvements, structures, swimming pools, walks, driveways, fences and walls. Existing and finished grades shall be shown at Lot corners and at corners ofproposed Improvements. Lot drainage provisions shall be indicated as well as cut and fill details if any applicable change in the Lot contours is contemplated. thereof. pitch. (ii) Exterior elevations. (iii) Exterior materials, colors, textures and shapes and manufacturers (iv) Structural design including with a minimum twelve (12) feet roof (v) Foundation plans. (vi) Wall sections with ceiling heights with a minimum of nine (9) feet height on the first floor. (vii) Landscaping plan, including pre -approved mailboxes, walkways, privacy fences and walls, elevation changes, watering systems, shrub beds, plant size and quantity, existing vegetation and ground cover. (viii) Parking area and driveway plan. (ix) Screening, including site, location and method. (x) Utility connections. (xi) Exterior illumination, including location and method. (xii) Fire protection system. (xiii) Signs, including size, shape, color, location and materials. MHOMEMMMfaithlands 10. boa wpd - 3 (xiv) Sanitary sewage systems, reflecting locations and types. (xv) Rear garage entrance to each structure. Residential landscaping must be fully installed within ninety (90) days of the occupancy of the residence. The residential landscaping must provide for a minimum of two (2) new trees, at least eight feet in height, fifteen (15) five gallon shrubs, solid sod, and an irrigation system where a lawn is installed. 2. Use of Land. The land herein platted shall be held, owned and used only as residential building sites. No structures shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence. 3. Common Amenities. The entrance and such other areas of the Covenant Cove Community Neighborhood as designated on the Plat, and all improvements thereon, including but not limited to irrigation and landscaped areas shall be maintained by the Covenant Cove Community Property Owners Association, Inc. except for public utility improvements which are maintained by such public utilities and streets which shall be maintained by the City of Little Rock. 4. Delegation of Authority. Developer has caused the formation of the Covenant Cove Community Property Owners Association, Inc., a nonprofit corporation. Developer shall have the right, but not the obligation, by a written instrument recorded in the Office of the Recorder for Pulaski County, Arkansas, to delegate, convey and transfer to such corporation all authority, rights, privileges and duties reserved by Developer in this Bill of Assurance. 5. Creation ofObligzation forAssessments. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance each owner, other than Developer, of a lot within Covenant Cove Community Neighborhood shall be deemed to covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Covenant Cove Community Property Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the Covenant Cove Community Neighborhood, in particular for the acquisition, servicing, improvement and maintenance of common properties within the Covenant Cove Community Neighborhood and facilities which may be hereafter dedicated for use by Developer or otherwise acquired by the Covenant Cove Community Property Owners Association. Inc., which amount together with interest, costs of collection and a reasonable attorney's fee, shall be a continuing lien upon the lot. In lieu of assessments being imposed upon such lots owned by Developer, Developer shall underwrite all reasonable costs for the operation of Covenant Cove Community Property Owners Association, Inc. not covered by assessments paid by owners of lots other than Developer until one hundred percent (100%) of all lots are owned by persons or entities other than Developer. FAHOMEWAIMFaithlands IO.boawpd -4- 6. Height and Type of Residence. The residences in Covenant Cove Community shall be of similar size and architectural style so as to create a neighborhood of architectural continuity. All construction shall be approved by the Architectural Control Committee, in its sole and absolute discretion, as further provided for in Paragraph 1 of this Bill of Assurance. No residence shall be erected, altered, placed or permitted to remain on any lot in the Covenant Cove Community Neighborhood other than one detached single-family residence not to exceed two and one-half stories in height. 7. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or the side street line than the minimum building setback lines shown on the Plat; provided such setback requirements can be modified if such modification is approved by the Architectural Control Committee, the Little Rock Planning Commission or the Little Rock Board of Adjustment, and such other regulatory agency as may succeed to their functions. No building shall be located nearer to an interior lot side line than three (3) feet. Unless provided for to the contrary on the Plat, no principal dwelling shall be located on any lot nearer than fifteen (15) feet to the rear lot line. For the purposes of this covenant, eaves, steps and porches not under roofs shall not be considered as a part of the building. Where two or more lots are acquired as a single building site, the site building lines shall refer only to those bordering the adjoining property owner. 8. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in the Covenant Cove Community Neighborhood unless the finished heated living area, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall be equal to or exceed that shown in the following schedule: One Story Multi -Story Lot Number Minimum Sg. Ft. MininlL1111 Sq. Ft. All Lots 1,500 1,700 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. 9. Frontage of Residence on Streets. Any residence erected on any lot in the Covenant Cove Community Neighborhood 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 in the Plat. 10. 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 the Covenant Cove Community Neighborhood. F:\HOME\SPA MfaithIw& 10.boa.wpd -5 11. Outbuildings Prohibited/Garages. No outbuildings or other detached structure appurtenant to the residence including, but not limited to storage buildings, tree houses, playhouses, and flagpoles, may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Control Committee. All residences shall have a minimum of two (2) enclosed rear entrance garages. Further, at no time shall any garage be converted to bedroom, den or any other closed structure so as to eliminate one or more of the garages. 12. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, old cars or other non -running vehicles, campers, ashes or other refuse be thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any site unless placed in a container suitable for garbage pickup; nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. 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 can be erected on a building site covered by these covenants or at any time be used for human habitation, temporarily or permanently. No structure of a temporary character can be used for human habitation. 17. Easements for Public Utilities and Drainaize. 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, structures, 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. FAHOME\SPAMaithlands IO.boa.wpd -6- 18. Fences. No chain link fences, enclosure of 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 intentions of this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard. Fencing of any type must be approved by the Architectural Control Committee as provided in paragraph 1 hereof. 19. Sight Line Restrictions. 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 at least eight (8) feet to prevent obstruction of such sight lines. The same sight line limitations shall apply on any lot within ten (10) feet of the intersection of the street property line with the edge of a driveway or alley pavement. 20. 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 Plat filed herewith is centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by the established pins, the pins as set shall control. 21. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 22. Subdividing Lot. No lot shall be subdivided. 23. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns. All parties claiming by, through or under the present owner shall be taken to covenant with the owner of the lots hereby restricted, and its successors and assigns, to conform to and observe these restrictions. No restriction herein shall be personally binding upon any corporation, person or persons, except with respect to breaches committed during its, his or their term of holding title to said land. Developer, its successors and assigns (for so long as Developer owns lots within Covenant Cove Community Neighborhood but not thereafter), the Covenant Cove Community Property Owners Association, Inc. 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 by owner or owners of any lot or lots in this addition to observe any of the restrictions herein. Any delay in bringing such action shall in no event, be deemed to be a waiver of the right to do so thereafter. FAHOME\SPAIMFailhIw& 10.boa wpd — / 24. 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 owner or owners of more than ninety percent (90%) in area of the total land contained within the Covenant Cove Community Neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2054 after which time each covenant in this instrument shall be automatically extended for successive periods of ten (10) years unless an instrument terminating the covenants signed by the then owners of ninety percent (90%) of the lots in the Covenant Cove Community Neighborhood has been recorded prior to the commencement of any ten-year period. 25. Attorney Fes. In any legal or equitable proceeding for damages or for the enforcement of or to restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the prevailing party or parties shall be entitled to attorney fees in such amount as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 26. Extension. All covenants for which extension is not otherwise provided in this instrument, shall automatically be extended for successive periods of ten (10) years each unless modified, terminated or canceled as provided herein. _ 27. Severability. Invalidation of any restriction set forth herein or any part thereof by any 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. EXECUTED this day of , 2004. DEVELOPER LOW Pam Brown Courtney, President Faithland Residential Properties #10, LLC Attest: Betty Orange, M.D., Secretary FAHOMMSPANWaithlands lQboa.wpd -8- ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named Pam Brown Courtney and Betty Orange, M.D. being the President and Secretary, respectively, of Faithland Residential Properties #10, LLC and who had been designated by said Developer to execute the above instrument, to me personally well known, who stated they were the President and Secretary of said Faithland Residential Properties #10, LLC and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said Faithland Residential Properties #10, LLC , 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 this day of .2004. Notary Public My Commission Expires: FAH0ME\SPAIN\faith1w& 10.boawpd -9-