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HomeMy WebLinkAboutS-1377-F ApplicationII��IIII��f�ll���lll�l��l�l�l��l��ll III 2015072420 PRESENTED: 11-16-2015 02:10 44 PM RECORDED 11-16-2015 02:13 40 PM GREENWOOD ACRES LLC, INe official Records of Larry Crane Circuit/county Clerk 15110 KANIS ROAD PULASKI CO, AR FEE $55.00 LITTLE ROCK, AR 72223 PROTECTIVE AND RESTRICTIVE COVENANTS AND BILL OF ASSURANCE GREENWOOD ACRES, PHASE V LITTLE ROCK, ARKANSAS PART A. PREAMBLE WHEREAS, Greenwood Acres LLC, Inc. is the owner of the following described land situated in Pulaski County, Arkansas, to wit: SEE EXHIBIT A- PROPERTY DESCRIPTION Whereas, Greenwood Acres LLC, Inc. "Grantor" herein, has caused said land to be surveyed and a plat thereof made, dividing said land into lots and streets, as shown on said plat for the purposes of making said land an Addition to the City of Little Rock, Pulaski County, Arkansas, known as Greenwood Acres Subdivision Phase V. NOW, therefore, in consideration of the purposes herein stated, Grantor does hereby designate said land above described as show by said plat, which is hereto attached and made a part hereof as "Greenwood Acres Subdivision Phase V, an Addition to the City of Little Rock, Pulaski County, Arkansas", the "Addition" herein and that hereafter any conveyance by the Owners of said land by lot and phase number shall forever be held to be a good and legal description and the streets shown on said plat in said Addition are hereby dedicated as public streets for the use and benefit of the public as such. The use of the land in said Addition is subject to the following Protective and Restrictive Covenants, which shall also be known as the Bill of Assurance. t PART B. AREA OF APPLICATION B-1 FULLY PROTECTED RESIDENTIAL AREA. The Bill of Assurance covenants in PART C, D, and E in their entirety shall apply to the entire Addition and each and all Phases therein, except subsequent phases may have their own Bill of Assurance, which would be controlling for that phase. PART C. PROTECTIVE AND RESTRICTIVE COVENANTS- BILL OF ASSURANCE C-1 LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No business of any nature or kind shall at anytime be conducted in any building located on any said lots except for Real Estate sales and marketing of lots and homes during the construction phase. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height, excluding the basement area. Garages may not be enclosed at a later date without the approval of the Architectural Control Committee and the construction of another two car garage. C-2 FENCING USE AND TYPE. If any builder or homeowner wishes to erect a fence, only wood or brick privacy fence shall be allowed. Chain link fences will not be allowed. Also, no fence will come forward of the actual structure or lot building line, whichever is further back from the street, except that a house erected on a corner lot may have a side fence no closer than 15 feet to the street on the side of a corner lot, such fence to begin at least 15 feet behind the front property line. All other perimeter boundaries may follow the lot line. All fencing so placed shall have the finished side towards the streets where applicable. When fencing is installed, the finished side must face out unless the Architectural Control Committee allows otherwise. Any variations in fencing must be approved by the Architectural Control Committee. C-3 ARCHITECTURAL CONTROL. The Architectural Committee shall be comprised of any one (1) Representative of G&S Builders, Inc. and any two (2) Officers of the Greenwood Acres Property Owner's Association Board. No dwelling or structure shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony, and integrity of external design with existing structures, and as to location with respect to topography and finish grade elevation, and intended objectives for the Architectural Control Committee to achieve a subdivision that accomplishes the desired architectural design in the structures and subdivision aesthetics. The term "structure" is defined to include any and all types of outbuildings as more specifically described in paragraph C-10, fences, antennas, basketball goals, swimming pools, and television satellite dishes, which in no event shall be placed in front of dwelling, or to be visible from the street. All satellite dishes and antennas must be approved by the Architectural Control Committee. Mailboxes must be approved by the Architectural Control Committee and must match the materials used in the construction on the exterior of the front of the house; also must be maintained to be straight and in good repair. All mailboxes must be erected and maintained to meet the requirements of the U.S. Postal Service. The U.S. Postal Service must approve the location of all mailboxes. Approval shall be as provided in Part D below. No basketball goals are allowed in front yards. All goals must be at least 10 feet behind the front side of the house they are located on and located behind an imaginary line extended from the midpoint of the garage parallel to the street. The location of all basketball goals must be approved in writing by the Architectural Control Committee. Any goals put up without approval must be removed. All gutters must be the "seamless" type, match the color of the house, and be shaped in contact with fascia, soffit, and walls at all times. C-4 DWELLING QUALITY AND SIZE. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1100 square feet of heated space for a one-story dwelling, or 700 square feet of heated space for a dwelling of more than one- story, which with the second floor area would be at a minimum of 1200 square feet exclusive of basements. C-5 DWELLING LOCATION. No dwelling shall be located on any lot nearer to any street line than the minimum building set back lines as shown on the recorded plat. In any event, no dwelling shall be located on any lot nearer than 25 feet to a front line or nearer than 25 feet to the rear lot line. Side yard set backs must be a minimum of 5 feet on each side to lot line. No lot shall be subdivided and no more than one dwelling shall be permitted on any one lot. C-6 LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than 50 feet at the minimum set back line as show by said plat. C-7 EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Changes in use of easements or additional utility lines in easements require the approval of Grantor. No additional easements or expanded use of easements on any lots are permitted without the written approval of Grantor. C-8 NUISANCES. No unlawful, noxious, or offensive activities shall be carried out upon any lot, nor shall anything be done or kept thereon which may become an annoyance or nuisance to the neighborhood, or may adversely affect the value of other dwellings. C-9 TEMPORARY STRUCTURES. No structures of a temporary character, motor home, travel trailer, trailer, basement, tent, shack, garage, barn or other out building shall be used on any lot at any time as a residence either temporarily or permanently. C-10 OUTBUILDINGS. One building for storage shall be permitted. Prior to the construction and/or installation of any such storage building, a privacy fence shall be erected as shown in C- 2, above. All out buildings must be approved in writing by the Architectural Control Committee, may not be located on any easements, and must meet all requirements of the City of Little Rock. C-11 SIGNS. NO sign of any kind shall be displayed to the public view on any lot, except two professional signs advertising: "For Sale", "For Lease", "For Rent" (one for Real Estate and one for Builder). The signs will not be more than 2.5 square feet. No signs advertising any business shall be allowed. Signs advertising "Yard Sales" will be temporarily allowed and they are to be displayed no more than 1 day prior to the day of the sale and removed as soon as the sale has ended. C-12 OWNER AND BUILDING/CONTRACTOR RESPONSIBILITY. Any property owner or builder/contractor shall ensure that any contractor performing services for the property owner shall comply with the provisions of this Bill of Assurance, and shall be responsible for the actions of contractors on the contrary. No person shall damage in any way the utilities or streets in any manner, any damage so inflicted shall become the responsibility of the person who creates the damage. C-13 LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than 3 dogs and cats may be kept on any lot, provided they are not kept, bred, or maintained for any commercial purpose, and provided that facilities for maintenance of the same are installed, and that the keeping of the same does not constitute a nuisance. Hunting dogs are expressly prohibited. Any pets kept on the premises are subject to the laws of the City of Little Rock. C-14 GARAGE AND REFUSE DISPOSAL No lot or easement shall be used or maintained as a dumping ground for rubbish. Trash, garbage, and other waste shall not be kept except in sanitary containers. All material shall be kept in a clean and sanitary condition, and not be permitted at any time at a location which is visible from the front of the lot, except for the evening prior to scheduled trash pickup through the following evening. C-15 OIL AND MINING OPERATION. No oil drilling, development operation, refining, quarrying, or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any lot. No deriick or structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any lot. C-16 WATER SUPPLY. No individual water supply system shall be permitted on any lot. The same shall be served by Central Arkansas Water, Little Rock, Arkansas or assignee. C-17 SEWAGE DISPOSAL. No individual sewage disposal system shall be permitted on any lot. Sewage connections must be made with the City Sewage System of the City of Little Rock or its assignee. C-18 SIGHT DISTANCE AND INTERSECTIONS. No fence, wall, ledge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any lot corner within the triangular area formed by the street property lines and the line connecting them at points 25 feet from the intersection of the street right-of- way lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of the street property line with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. C-19 LAND NEAR WATER COURSES. No building shall be placed nor shall any material or refuse be placed or stored on any lot within the greater of the minimum statutory distance or 20 feet of the property line of any part or edge of any water course, except that clean fill may be placed nearer, provided that the natural water course is not blocked by such fill. C-20 BUILDERS. All building must be performed by competent builders. The Architectural Control Committee reserves the right to submit for approval the name of any contractor selected by a property owner to an architect of the choosing of the Architectural Control Committee. C-21 LOT, YARD, AND HOME MAINTENANCE. All property owners, including builders, shall keep all grounds and yards mowed, trimmed, and clean, and all houses painted or stained. Nothing may be stored on a front porch or in front of the house. No homes can be kept where they are a detraction to the neighborhood or unsightly. C-22 COMMENCEMENT OF CONSTRUCTION. A property owner must start construction of the approved dwelling within a period of six months from the date of purchase, defined as the closing date. The owners reserve the option to repurchase any lot for the amount of the original purchase price if construction is not commenced within such period of time. This option shall be exercised in writing within a period of 30 days after the six month period. C-23 COMPLETION OF CONSTRUCTION. Any dwelling must be completed in its entirety within a period of one year from the date of such construction is commenced. C-24 CURB CUTS. Curb cuts must be smooth and new driveways evenly blended into the curb and gutter. C-25 MOTOR VEHICLE PARKING AND PARKING OF ALL VEHICLES AND BOATS. Abandoned, unused, immobile, or (where of a type and requiring registration) unregistered vehicles shall not be parked or permitted to remain on any lot or within the dedicated city street. "Vehicles" as used herein shall refer to cars, trucks, boats, trailers, recreational vehicles, four -wheelers, tractors, and the like. No vehicles of any type may be parked in the front yards or side yards, and with the exception of cars and non-commercial trucks shall not be parked on the dedicated street. All vehicles, excepting cars and non-commercial trucks, shall be parked in the garage, or where there exists a fence constructed in conformity with paragraph C-2, behind such fence line or behind the residence building. No vehicles whatsoever shall be parked on the dedicated street between 2:00 a.m. and 5:00 a.m. No tractor -trailer cabs, recreational vehicles, trailers, or other larger commercial vehicles shall be allowed to be parked at the front, side, or back of any lot and cannot be parked in the city street. No vehicle may be parked in any place that is unsightly, such determination being solely within the discretion of the Architectural Control Committee. C-26 SHINGLES. All houses must use roofing shingles approved by the Architectural Control Committee. As a guide, standard three tab shingles. "Architectural', "Shadow Line", and "Slate Line" shingles will be allowed. Any re -roofing of a house must be of the same type as on the house or approved by the Architectural Control Committee. C-27 DRAINAGE. The builder of each lot is required to set the finished floor elevation of the home to allow for proper drainage on all sides of the house. Where necessary, swales shall be constructed in the yard to assist in drainage. All homeowners are required to maintain proper drainage so there is no pooling of water on the lot. C-28 DRAINGAGE EASEMENTS. The property owners of Lots 23, 24, 112, and 113 will be responsible for the maintenance of all drainage facilities within the easements on their property if obstructed by the property owner. C-29 BUILDING CODES. All houses must be built according to the requirements of the City of Little Rock and the building codes adopted by the City. Approval of a set of plans by the Architectural Control Committee does not mean the plans meet any building codes. The builder is responsible for assuring all plans and all work performed satisfy all requirements of the City of Little Rock. C-30 UNDISTURBED BUFFER_ The back of lots are to have an easement for "undisturbed buffer". Within this easement, no vehicular access is allowed and no structures of any type are permitted. Planting of trees, shrubs, etc. is permitted. PART D ARCHITECTURAL CONTROL COMMITTEE The Grantors will cause to be formed an Architectural Control Committee of 2 to 7 persons for the purpose of reviewing all construction plans to assure aesthetic harmony and beauty within the Addition. In this regard, no building, fence, wall, or other structure shall be commenced, erected, or maintained upon any lot, nor shall any exterior addition to, or change or alteration therein be made, nor shall any landscaping of any lot be undertaken, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall be submitted to and approved in writing by the Architectural Control Committee as to the harmony of external design and location in relation to surrounding structures and topography. In the event that any plans and specifications are submitted to the Committee for Architectural review as provided herein, and the Committee shall fail to either approve or reject such plans and specifications for a period of 30 days following such submission, such failure shall be deemed to be an approval by the Committee for all purposes. The Grantors may elect to turn this function entirely over to the residents of the subdivision at such time as it sees fit. No garages may be enclosed as part of the dwelling without the written approval of the Committee. In any case, the members of this Committee shall in no event be held personally liable or responsible to any owner in this Addition for their actions, or lack thereof. PART E GENERAL PROVISIONS E-1 TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 years from the date these covenants are recorded. Successive periods of 10 years, subject to the express provision that these covenants may be amended at anytime after the date of execution by the owner or owners of the majority of the lots herein platted. E-2 ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. E-3 SEVERITY. Invalidation of any of these covenants by judgments or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. E-4 AMENDMENTS. These restrictions and covenants may be amended at any time by the owner or owners, including the Grantors, of a majority of the lots in this Phase. The majority of lots are calculated as being over 50% of the total number of lots in the Phase. E-5 CONFLICTS. If there is a conflict within different paragraphs of this document, within a single paragraph, or between this document and the plat, then the more restrictive language or interpretation will apply. E-6 CITY OF LITTLE ROCK. Should there be any conflict between this documents and any rules, regulations, requirements, laws or ordinances of the City of Little Rock, the City will override this document in all cases. BILL OF ASSURANCE- GREENWOOD ACRES SUBDIVISION PHASE IV WITNESS our hands on this day of 2015 Greenwood Acres, LLC 15110 Kanis Road Little Rock, AR 72223 Little Rock Planning Commission BE IT REMEMBERED, that on this day came before me, the undersigned, a Notary Public within and for the County aforesaid duly commissioned and acting, Bill Greenwood, of GREENWOOD ACRES LLC, INC, to me known as the Grantor in the foregoing document, and stated that he had executed the same for the consideration and purposes the rein mentioned and set forth. - WITNESS my hand and seal as such Notary Public on this day of ._ -- �`[` 2015. ����uttittlrrrr rr \l`E 5 Q� /rr'�r! (SEAL) �' 3�,t My Commission Expires:�.,1s'4, �N�c�����.��• Ravw*d miy fz; inciusion of minimurn s:an u'ds required by the City of Lima Pock Mivisrw romlabor a_ aEii ct kssL.,ranco provisions esLtalshc-J b,, Iho &velar may excaod minimum regula5ons of tha subdivision and aafOg crdinanm. Citfr ag Jute HOCK Planninn Commission pZ=Z:c D I D G) m C) D ?C �zzzz� X w-+ z zn�n�,�, MFTlMmM i tom o�� -o z cn z cn 0 = o -�- � � po 00 p 00 0 Z-1 c r m D m p CA-4 p CJi CX 11 -P D (n x C7 m ;3 -7 N w Q ---1 (n -u o �1 W C3) = r am mG-] M m G OCR 2D O z _ % m cn O Z -<m Cl)ZtQwA m [7 00 C,.. = D � G 00 01' -� �? z m o y� zzzl=z �C7mzfOT1� �Z U� Z {n i� 1 Z x D N ��p --' o m �Tj o U o�pC,a �� -0; C) 00 � z M �� N r D �7 ow—0o m o _ 70"....-moo cn _ M z=,m70 M Mz.0 cn co m z cn m D � po p w i p D Cn Z 001 001WQ N J Or r w-PUZw 0a w m �00 D O t "z � I -> CD Z 00�p 30 o W p N I t CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: GREENWOOD ACRES PHASE V INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development ire constructed and in conformance $ G S with City requirements/standards. &i�-VCertain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: I j ADDRESSING SPECIALIST REPORT /- q-15 I have revie d the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date: _�— l6 'l TRAFFIC ENGINEER RL40RT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. street signs should be ordered and billed to developer. Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been prepared and sent. Approved engineering drawings for streetlight system have been received and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. Traffic Engineer ')ate: q y i fm G RZ6 S?M X tw CIVIL ENGINEER REPORT I 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. As -built drainage plans in electronic form have been submitted. todAnen All other r uirements for final plat approval have been satisfied. Civil Engineer I/II Date: 1 SURVEYOR REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor Date: �'-72r­e d— MANAGER APPROVAL All Ci i] E ineering re ire ents for filing this final plat have been satisfied. UADate: I Design Review Engineer/Civil Engineering Manager Effective: Sept 16, 2015 FW: Email - Inbox -'att.net Mail' Page 1 of 2 You're seeing Basic Mail because you're using an unsupported Internet browser. Upgrade your browser f, Don't show this again. Search Mai I Seai Inbox Contacts Notepad Calendar DMPoSReply Reply All Forward Actions Apply Previous Next Inbox (730) InSimpliSafe What Happens When a Harvard Engineer Sponsored He designs a smarter home security system — Drafts (3) FW: Email Tuesday, Sept Sent From: "Jonathan Long" <Jonathan.Long@carkw.com> Spam (3) [Empty] To: "djames@littlerock.org" <djames@littlerock.org> Trash (22) [Empty] Cc: "MCGETRICK MCGETRICK (mcgetrick2@sbcglobal.net)" <mcgetrick2@sbcglobal. net> My Folders [Edit] Sponsored 2 Files 2 MB Download All DWG 2 MB PDF 355KB ate, GREENW GREENW ;� !► OOD PH5 FP OOD PH5 FP GOOD Save Save Toyota Get Dirty With the All -New Tacoma Donna, CAW has no objection to this final plat. However, we will not release metes are complete. Thanks Jonathan -----Original Message ----- From: MCGETRICK MCGETRICK [mailto:mcgetrick2@sbcglobal.net] Sent: Tuesday, September 08, 2015 9:23 AM To: Jonathan Long Subject: Re: Email Jonathan, I think our phones have a problem. I am sending you a final plat for your review. If it is ok please notify Donna James. Pat On Tue, 9/8/15, Jonathan Long <Jonathan.Long@carkw.com> wrote: Subject: Email To: "MCGETRICK MCGETRICK (mcgetrick2 a@sbcglobal.net)" <mcgetrick2 https://us-mg4.mail.yahoo.com/neo/b/message?sMid=304&fid=Inbox&sort=date&order--... 11 /16/2015 FW: Email - Inbox-'att.net Mail' Page 2 of 2 Compose Date: Tuesday, September 8, 2015, 8:45 AM Good Morning, I received your voicemail, but when I tried to return your call the line was busy. Try this email addre: Thanks JL Jonathan Long, P.E. Senior Engineer Central Arkansas Water 501.377.1224 Delete Reply Reply All Forward Actions J Apply Previ https://us-mg4.mail.yahoo. com/neo/b/message?sMid=3 04&fid=Inbox&sorrdate&order=... 11 / 16/2015 FW: final plat greenwood acres phase 5 - Inbox -'att.net Mail' Pagel of 2 You're seeing Basic Mail because you're using an unsupported Internet browser. Upgrade your browser f, Don't show this again. Search Mail Seai Inbox , Contacts Notepad Calendar Compose Delete Reply Reply All Forward Actions Apply Previous Next Inbox (730) - . Homegardenpro Huge Savings on Swimming Pools Sponsored Browse hundreds of different swimming pools Drafts (3) FW: final plat greenwood acres phase 5 Tuesday, Sept Sent From: "THOMPSON THEODIS" <TTHOMP1@entergy.com> Spam (3) [Empty] To: "djames@littlerock.org" <djames@littlerock.org> Trash (22) [Empty] Cc: "MCGETRICK MCGETRICK (mcgetrick2@sbcglobal.net)" <mcgetrick2@sbcglobal. net> My Folders [Edit] Sponsored 2 Files 2 MB _ Download All DWG 2 MB PDF 355KB C GREENW GREENW OOD PH5 OOD PH5 FP FP GOOD Jos Save Save Amica® Amica® Takes Care Of You From Quote To Claim Entergy approves the above referenced plat (Greenwood Acres) as submit Thanks Theodis Thompson Entergy Arkansas -----Original Message ----- From: MCGETRICK MCGETRICK[mailto:mcgetrick2@sbcclobal.netl Sent: Monday, September 07, 2015 3:06 PM To: Vincent Hotho Cc: Joni Bates; iohnathan.lonq@carkw.com; THOMPSON, THEODIS; JO1 Subject: final plat greenwood acres phase 5 EXTERNAL SENDER. DO NOT click links if sender is unknown. DO NOT I password. Please review the attached plat. If you need changes let us know. If it is ok please notify Donna James with the City. Pat https://us-mg4.mail.yahoo.com/neo/b/message?sMid=308&fid=Inbox&sort=date&order=... 11 / 16/2015 21423 - Greenwood Acres Phase V Final Acceptance - Inbox - 'att.net Mail' Page 1 of 2 You're seeing Basic Mail because you're using an unsupported Internet browser. Upgrade your browser f Don't show this again. Search Mail Seai Inbox Contacts Notepad Calendar Compose Delete Reply Reply All Forward Actions Apply Previous Next Inbox (730) A. American Express Delta Reserve Credit Card 621 rrr,AE ss Sponsored Earn Up To 40,000 Medallion Qualification Mi Drafts (3) 21423 - Greenwood Acres Phase V Final Accept Tuesday, C Sent ance Spam (3) [Empty] From: "Vincent Hotho" <Steven.Hotho@lrwu.com> Trash (22) [Empty] To: "PATRICK MCGETRICK" <mcgetrick2@sbcglobal.net> Cc: "Vern Stubbs" <Vern. Stubbs@Irwu. com> My Folders [Edit] "Allen Gatlin" <allen.gatlin@Irwu.com> Sponsored 1 Files 42KB Download All PDF 42KBI NPA G700 Tactical Flashlight 1423.pdf 75% Off' World's Brightest" Flashlight? Save Patrick, Please find the final acceptance letter for the referenced project attached h Thanks, S. Vincent Hotho, P.E. Engineering Supervisor Little Rock Wastewater Utility Ofc: 501.688.1452 Mbl: 501.442.6042 https://us-mg4.mail.yahoo.com/neo/b/message?sMid=188&fid=Inbox&sort=date&order=... 11 /16/2015