HomeMy WebLinkAboutS-1339-B ApplicationCIVIL ENGINEERING DIVISION
FINAL PLAN`[' FIIaZNG APPROVALS
FINAL PLAT NAME
VILLA VISTA 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.
Engineering Specialist Date:
ADDRESSING SPECIALIST'S REPORT
I ave re iew a p] th a�streetames and street configuration are acceptable.
Addressing Specialist Date:
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. 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.
&C>'7" tAEaLarf e— Traffic Engineer Date:
CIVIL ,ENGINEER REPORT
1 have reviewed 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.
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+ Y Civil Engineer 1/11 Date:
SURVEYOR'S REPORT
1 have reviewed the plat and find that:
All req ' nts 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
July 2005
John McCormack
400 West Capitol Avenue, Suite 1223
Little Rock Arkansas 72201
BILL OF ASSURANCE
FOR
VELLA VISTA
KNOW ALL MEN BY THESE PRESENTS:
2006079602
10/06/2006 03:19:29 PM
Filed & Reco-Med in
Official Records of
PAT O1RRIEN
PULASKI COUNTY
CIRCbITiCOUNTY CLERK
Fees $44.00
THAT, WHEREAS, VH..LA VISTA, LLC, an Arkansas limited liability company
(hereinafter called "Developer"), is the owner of the following property:
LEGAL DESC_RIPTION:_
PART OF THE NW 1/4, SE 1/4, OF SECTION 15, T-1—N, R-13—W, LITTLE ROCK,
PULASKI COUNTY. ARKANSAS, MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE SW CORNER OF THE NW 1/4, SE 1/4 OF SECTION 15;
THENCE N01"20'16"E AIDNG THE WEST LINE OF SAID NW 1/4, SE 1/4 1015.73'
TO THE POINT OF BEGINNING; THENCE CONTINUE N01"20'16"E ALONG THE WEST
LINE OF SAID NW 1/4, SE 1/4, AND THE EAST LINE OF WESTBROOK
SUBDIVISION 255.32' TO A POINT ON THE SOUTH RIGHT —OF —SPAY LINE OF WEST
36TH STREET; THENCE S87°55'13"E ALONG THE SOUTH RIGHT—OF—WAY LINE OF
WEST 36TH STREET 948.91' TO A POINT (SAID POINT ALSO BEING THE NW
CORNER OF IDT 47, STONEHEDGE SUBDIVISION); THENCE S01"32'24"W ALONG
THE WEST LINE OF STONEHEDGE SUBDIVISION 93L97'; THENCE N88°27'36"W
170.0% THENCE N01"32'247E 48.85; THENCE N87°34'59"W 120.01% THENCE
N01°32'24"E 459.64% THENCE N66°17'21"W 494.12%
THENCE S88°20'22"W 200.69' TO THE POINT OF
BEGINNING, CONTAINING 10.72 ACRES MORE OR LESS.
located in Little Rock, Pulaski County, Arkansas (the "Villa Vista. Neighborhood"); and
WHEREAS, Developer has caused to be incorporated Villa Vista Property Owners
Association, Inc. (the "Association") for the purpose of administering the maintenance of the
common areas and amenities of Villa Vista Neighborhood; and
WHEREAS, all owners of lots within the Villa Vista Neighborhood will be members
of Villa Vista 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, in order to enhance the value of the Villa Vista 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 Pat McGetrick, McGetrick &-NkGethck, Registered Land
Surveyor QC+ube r cJ t4-, , 2006 and bearing Certificate of Approval executed
by comprehensive Planning of the City of Little Rock, and showing the boundaries and
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dimensions of the property now being subdivided into lots, tr�cts and streets (the "Plat").
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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
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 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 Flat shall be forever known as "Lots 1-23 & 34-49, Villa Vista
Neighborhood, an addition to the City of Little Rock, Pulaski County, Arkansas," and any and
every deed of conveyance of any lot in the Villa Vista 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) Designation of Committee. The Neighborhood 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 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,
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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 survey showing 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 of proposed Improvements. Lot drainage provisions shall
be indicated as well as cut and fill details if any applicable change in
the Lot contours is contemplated_
(ii) Exterior elevations.
(iii) Exterior materials, colors, textures and shapes and manufacturers
thereof
(iv) Structural design including with a minimum eight twelve (8/12) feet
roof pitch.
(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, Iocation and method.
(x) Utility connections.
(xi) Fire protection system.
(xii) Sanitary sewage systems, reflecting locations and types.
Residential landscaping must be fully installed within ninety (90) days of the occupancy
of the residence and must be approved by the Architectural committee and must provide a
minimum of two (2) new trees, at least eight feet in height, fifteen (15) three gallon shrubs and
solid sod.
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-family residence.
3. Common Amenities_ The entrance and such other areas of the Villa Vista
Neighborhood as designated on the PIat, and all improvements thereon, including but not limited
to irrigation and landscaped areas shall be maintained by the Neighborhood 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 Authori . Developer has caused the formation of Villa Vista
Property Owners Association, Inc., an Arkansas 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 all authority, rights, privileges and
duties reserved by Developer in this Bill of Assurance.
S. Creation of Obligation for Assessments. 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 Villa Vista Neighborhood shall be deemed to covenant and agree to pay any
assessments, charges and/or special assessments which may hereinafter be levied by the Villa
Vista Property Owners Association for the purpose of promoting the recreation, health, safety
and welfare of the owners within the Villa Vista Neighborhood, in particular for the acquisition,
servicing, improvement and maintenance of common properties within the Villa Vista
Neighborhood and facilities which may be hereafter dedicated for use by Developer or otherwise
acquired by the Neighborhood, 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 the Neighborhood 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.
6. Height and T e of Residence. The residences in Villa Vista Neighborhood 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 Villa Vista
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 ten percent (10%) of the avenge lot width
or eight (8) feet whichever is less. Unless provided for to the contrary on the flat, no principal
dwelling shalI be located on any lot nearer than twenty-five (25) feet to the rear lot line. For the
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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 S ware Feet Area. No residence shall be constructed or permitted to
remain on any building site in the Villa Vista Neighborhood unless the finished heated living
area, exclusive of porches, patios, garages, breezeways, exterior stairways, porte coeheres,
storage areas and outbuildings, shall be equal to or exceed that shown in the following schedule:
One Story Multi -Story
Lot Number Minimum S . Ft. Minimum Sq. Ft.
All Lots 1,400 1,500
Finished heated living area shall be measured in a horizontal plane to the face of the outside wall
on each level.
9. Frontapae of Residence on Streets. Any residence erected on any lot in the Villa
Vista Neighborhood shall front or present a good frontage on the streets designated in the PIat,
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 ViIIa Vista Neighborhood.
11. Outbuildings ProhibitedlCrara es. 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 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-
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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 Drain---. Easements for the installation,
maintenance, repair and replacement of utility services, sewer and drainage have heretofore been
donated and dedicated, said casements, 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,
guilt 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 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
Iandscape 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. Prop ,rty 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.
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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. Suddivid—ing 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 Villa Vista Neighborhood but not thereafter),
the Architectural committee 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.
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 Villa
Vista Neighborhood; provided however, as long as Developer owns more than sixty percent
(60%) of the lots then Developer may amend this Bill of Assurance without approval of the
Association. Each covenant in this instrument, unless expressly provided otherwise, shall remain
in full force and effect until January 1, 2056 after which time each covenant in this instrument
shall be automatically extended for successive periods often (10) years unless an instrument
terminating the covenants signed by the then owners of ninety percent (90%) of the lots in the
Villa Vista Neighborhood has been recorded prior to the commencement of any ten-year period.
25. Attorneys Fees. 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 often (10) years each unless
modified, terminated or canceled as provided herein.
27. Seve_ rabil ty. Invalidation of any restriction set forth herein or any part there of 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 hill force and
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effect.
28. Construction. All buildings constructed on said lots shall be constructed no nearer
to the street than the building lines shown on the plat, and all buildings shall be constructed in
conformance with the building codes and zoning ordinances by the City of Little Rock, Pulaski
County, Arkansas.
EXECUTED this 4-th day of October, 2006.
— L"�' 4ql�'
PYWLOPER
❑hn McCormack
Villa Vista, LLC
400 West Capitol Avenue, # 1223
Little Rock, AR 72201
.. ci rnlnimurn ;Lan' .
requirft b t a City of Llftle Rock si:, dMs: n rog.. ' -
Bill of assurance provisions established by+; -
developer may exceed minimum regulatic —,, CI
We Rode subdivision and c
Ujty.qj Little Rock Planning Commission
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ACKNOWLEDGMENT
STATE OF ARKANSAS)
COUNTY OF
BE IT REMEMBERED, that on this date came before me, a Notary Public, duly
commissioned and acting for the State and County, aforesaid jpkfl ft 60IW4c,,*--, and
stated that as an official of Villa Vista, LLC., Grantor in the foregoing Bill of Assurance, was
authorized to and had executed the same for the purposes set forth therein.
Notary Public
My Commission Expires
"OFFICIAL SEAL"
Rachel S. Menzies
iVntary Pubfic, 5ta[e of Arkanm
County of Grant
My Commission ap. 43a=10
louuz
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no/IA/2nna 09:ie FAX 501 210 4980 CAW - ENGINEERING
VICINITY MAP
FINAL PLAT
VILLA VISTA ( PHASE 1)
LITTLE ROCK, ARKANSAS
i
ENCI$NMERS e FI.AUNMRS a SURYCWS
10 OTTER CREEK CT,
LITTLE ROCK, ARKANSAS 72210
PHONE 501-455-8899
2006
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