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HomeMy WebLinkAboutS-1425-A ApplicationCity of Little Rock Planning and Development Filing Fees �.r r Date: ! Annexation 9 � ZGG 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 Street Name Signs Number at Public Hearing Signs Number at File No. ea. ea. Total CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: WOODRIDGE ESTATES SUBDIVISION 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 as follows: ENGINEER HEFOK'1' I have reviewed the file for this matter and find that: V/ The maintenance bond has been submitted and it is proper type and amount. Financial assurance for the uncompleted im9 dments listed above has been received. J �� /"-1r� y r� �� All other re ements or final plat approval have been satisfied. Civil Engineer I/II SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. 9 Z Surveyor � 0 Vo 5— MANAGER APPROVAL All Ci eeri i equirements filing this final plat have been satisfied. f Design Review Engineer/Civil Engineering Manager October 2004 2005051869 06/21/2005 02:02:04 PM Filed & Recorded is Rfficiai Records of RAT o'BRIEN BILL OF ASSURANCE PULASKI couNTY CIRCUIT/CouNTY CLERK. WOODRIDGE SUBDIVISION Fees $47.90 KNOW ALL MEN BY THESE PRESENT: THAT, WHEREAS, H L Land Development, an Arkansas corporation, hereinafter called "HLLD LLC", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as follows: Legal Description Part of the SE 1/4 of Section 28, Township 1 North, Range 13 West, Pulaski County Arkansas, being more particularly bounded and described as follows: Beginning a Bolt in the Asphalt (found) in the centerline of David O. Dodd Road, being the NE Corner of the NE 1/4 of the SE 1/4 of said Section 28, thence S 00°09'42" W 654.17 feet a 1" Pipe (found), thence N 88°08'01" W 1347.49 feet to a 1" Pipe (found), thence N 87043'03" W 924.17 feet to a %2" Rebar (found), thence N 01'55'06" E 329.97 feet to a 1/2" Rebar (found), thence S 87042'31" E 924.28 feet to a 1/4" Rebar (found), thence S 87°59'58" E 798.73 feet to a 1" Pipe (found), thence N 00040'04" E 329.81 feet to a point in the centerline of David O. Dodd Road, passing 1 1/2" Rebar (found) on line at 300.31 feet, thence S 87°43'32" E 535.81 feet to the point of beginning containing 21.17 acres more or less as surveyed by McClelland Consulting Engineers, Inc. in March 2004. And, it is deemed desirable that the above described property be now subdivided into billing lots and streets, as shown on the plat filed herewith as more particularly designated hereinafter, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE, for and in consideration of benefits to accrue to HLLD, LLC, an Arkansas corporation, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by McClelland Consulting Engineers, Inc., Registered Land Surveyor, and executed by them, and bearing a certificate of approval executed by the Little Rock Planning Commission, said plat showing the bounds and dimensions of the property now being subdivided into lots and streets, described by lots and streets as shown thereon. HLLD, LLC hereby donates and dedicates to the public as easement of way on and overs such of the real property owned by it designed as streets on said plat to be used by the public as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage and utilities which HLLD, LLC hereby donates and dedicates to and for the use by public utilities, the same being without limiting generality of the foregoing electric power, gas, telephone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities, to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. Detention; drama "' C I", ., channels and unpaved islands shall be maintained by HLLD,Inc. or the Wooer ge , Homeowners Association, in perpetuity. The filing of this Bill of Assurance anti t fir : ==F y co WOODRIDGE SUBDIVISION / PAGE 1 OF 10 record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be valid and complete delivery and dedication of the streets and casements subject to the limitations herein set out. DEFINITION OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. The word "lot" shall mean lot as platted, but excluding the tracts designated as Reserved. A "corner lot" shall be deemed to be any lot as platted having more than one street contiguous to it. RESTRICTIONS 1. Use of Land. No duplex, flat, apartment or condominium, although intended for residence purposes, may be erected or maintained hereon. The tracts of land designated on the plat of Woodridge Community as Reserved shall be' used in accordance with regulations of the City of Little Rock, Arkansas. 2. Architectural Committee,. No building shall be erected, placed or altered on any lot or tract designated as Reserved in this subdivision until the building plans and specifications therefore exterior color, scheme and materials thereof, and plot plan, which plot plans show the location and facing of such building, have been approved in writing by a majority of an Architectural Committee composed of Developer and Committee or their duly authorized representatives, representative, or successors. In the event of the death or resignation of any member of the above -named committee, the remaining member shall have full authority to approve or disapprove such plans, specifications, color scheme, materials or plot plan, or to designate a representative or representatives with like authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed member or members, shall have the same authority hereunder as their predecessors as above set forth. In the event the Architectural Committee fails to approve or disapprove any such plans, specifications, color scheme, materials and plot plans submitted to it as herein required within thirty (30) days after such submission or in the event no suit to enjoin the erection of such building, or the making of such alterations has been commenced prior to the completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The Architectural Committee shall not be liable for any approval given hereunder and any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of Assurance. Nothing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining any legal action relating to the improvements within its subdivision which they would otherwise be entitled to maintain. WOODRIDGE SUBDIVISION / PAGE 2 OF 10 The powers and duties of such committee or its designated representatives shall cease on or after January 1, 2010. Thereafter, the approval described in this covenant shall not be required unless prior to said date and effective thereon, a written instrument shall be executed by the then record owners of a majority of the lots in this subdivision and duly recorded, appointing a representative of representatives who shall thereafter exercise the same powers as previously exercised by said committee for such period as may be specified in such instrument. 3. Additions to Existing Property. Additional lands of the Developer may become subject to these Covenants and Restrictions in the following manner: The Developer shall have the right but not the obligation to bring within the plan of this Declaration additional properties, regardless of whether or not said properties are presently owned by the Developer, in future stages of the development, provided that such additions are in accord with the general plan of development (the "General Plan") which has been prepared prior to the sale of any Site and is maintained in the office of the Declarant, and provided such proposed additions, if made, will become subject to assessments of the Association for their share of expenses. UNDER NO CIRCUMSTANCES shall these Covenants and Restrictions or any supplement or the General Plan bind the Developer to make the proposed additions or to adhere to the Plan in any subsequent development of the land shown on the General Plan. Nor shall the Developer be precluded from conveying lands in the General Plan not subject to these Covenants and Restrictions or any supplement free and clear of these Covenants and Restrictions or any supplement. (B) The additions authorized shall be made by filing of record a Supplemental Declaration of Covenants and Restrictions with respect to the additional property which shall extend the plan of the covenants and restrictions of this Declaration to the additional property, and the Owners, including the Developer of Sites in those additions shall immediately be entitled to all rights and privileges provided in this Declaration. (C) The Supplemental Declaration may contain those complimentary additions and modifications of the Covenants and Restrictions contained in this Declaration necessary to reflect the different character, if any, of the added properties as are not inconsistent with the Plan of this Declaration. In no event, however, shall such supplement revoke, modify and add to the covenants established by this Declaration within the Property. 4. Additions Limited to Developer. No one other than the Developer shall have the right to subject additional lands to this Declaration of Covenants and Restrictions, unless the Developer shall indicate in writing to the Association that such additional lands may be included. 5. The Association. Every person, persons or entity who owns any Site, including a builder or contractor, shall be a Member of the Association, and shall abide by its Articles of Incorporation and By -Laws. Membership shall be appurtenant to and may not be separated from ownership of any Site. The Association shall be governed by its Articles of Incorporation and By -Laws. Developer to serve as board of directors of WOODRIDGE SUBDIVISION / PAGE 3 OF 10 Property Owners Association regardless of number of lots owned for a period of thirty- six (36) months. Developer may, at its sole discretion, release control to the POA within the thirty-six (36) month period if owning less than 50% of the lots. 6. Creation of Lien and Personal Obligation of Assessments and Special Assessments. Declarant for each Site owned within the Property shall be deemed to covenant and agree, and each Owner of any Site by acceptance of a deed shall be deemed to covenant and agree, to pay to the Association annual assessments or charges and special assessments, together with interest and costs of collection, if any, which amounts shall be a charge on the land and shall be a continuing lien upon the Site. Each assessment, together with interest, cost of collection and reasonable attorney's fees, if any, shall also be the personal obligation of the Owner of the Site at the time when the assessment or special assessment fell due. The personal obligation for delinquent assessment or special assessment shall not pass to an Owner's successors in title unless expressly assumed by them. The lien for assessments and special assessments shall be subject to and subordinate to the lien of any recorded first mortgage or Deed of Trust. Assessments shall be fixed by the Association in accordance 1h the Articles of Incorporation and By -Laws of the Association. 1 7. Exempt Property. Common Areas as defined in number 29, all Common Areas subsequently added to the Property and any areas which are designated for the common use of a particular subdivision, and all portions of the Property owned or otherwise dedicated to any particular subdivision shall be exempt from the assessments and liens of the Association. A structure which will be approved by the Architectural Committee for the purpose of a sales office will be allowed on and of the front entrance lots. The Sales office will be used for the purpose of selling homes, including existing or pre-solds, and/or lots. Normal setbacks, landscaping, utilities, and/or any other restrictions as set forth in this agreement will not apply to the sales office. After the sales office is removed, the lot that was occupied may be sold for the purpose of building a single- family resident. This residence will then have to meet all requirements as set forth in this agreement. 8. Limitation of Liability. Neither the Declarant, the Association, the Architectural Control Committee nor any of its members shall be liable, in damages or otherwise, to anyone submitting plans and specifications for approval or to any owner of land effected by this Declaration by reason of mistake of judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any plans and specifications. 9. Duty of Maintenance. Owners and occupants (including lessees) of any part of the Property shall jointly and severally have the duty and responsibility, at their sole cost WOODRIDGE SUBDIVISION / PAGE 4 OF 10 and expense, to keep that part of the Property so owned or occupied, including buildings, improvements and grounds in a well -maintained, safe, clean and attractive condition at all times. Maintenance includes, but is not limited to, the following: a. Prompt removal of all litter, trash, refuse, and waste. b. Lawn mowing. c. Tree and shrub pruning. d. Watering e. Keeping exterior lighting and mechanical facilities in working order f. Keeping parking areas, driveways, and roads in good repair. g. Complying with all governmental health and police requirements. h. Repainting of improvements. i. Repair of exterior damages to improvements. 10. - Enforcement. If, in the opinion of the Association, any Owner or occupant has failed in any of the foregoing duties or responsibilities, then the Association may provide written notice of that failures giving the Owner or occupant ten (10) days from receipt to perform the care and maintenance required. Should any person fail to fulfill this duty and responsibility within the ten-day period, then the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform needed care and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. The Owners and occupants (including lessees) of any part of the Property on which work is performed shall jointly and severally be liable for the cost of the work and shall promptly reimburse the Association for all costs. If the Association has not been reimbursed within thirty (30) days after invoicing, the indebtedness shall be a debt of all of the Owners and occupants jointly and severally, and shall constitute a lien against that portion of the Property on which work was performed. This lien shall have the same attributes as the lien for assessments and special assessments set forth in , and the Association shall have identical powers and rights in all respects, including but not limited to the right of foreclosure. 11. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot numbered 1-73 in Woodridge Community, other than one detached single family residence not to exceed two and one-half stories in height or a split-level residence and a private garage or carport for not less than two cars. 12. Subdivision of Lots. No lot shall be re -subdivided into a small lot, provided however, lots maybe split to increase the size of adjacent lots. 13. Set -back Requirements. No residence shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building set -back lines shown on the recorded plat. No building shall be located nearer to an interior lot line than a distance of 10% of the average width of the lot or 6 feet, whichever is less. For the purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building. The purchaser of any lot in Woodridge Community should avail themselves of the latest Flood Plain information concerning the area from the U.S. Army WOODRIDGE SUBDIVISION / PAGE 5 OF 10 Corps of Engineers, the Department of Comprehensive Planning, City of Little Rock, Arkansas or any other authoritative agency. Frontage of Residence to Street — All homes in Woodridge Community shall front and present an aesthetically pleasing elevation on the street designated. Corner lots will require both frontage elevations be aesthetically pleasing. Driveway Installation — Curbs must be saw cut with a diamond blade. 14. Area. No dwelling shall be constructed or permitted to remain upon any lot in this subdivision which has a finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling less than 1,300 square feet, except as provided hereinafter: (a) Two -Story and Story -and -a -Half. If a dwelling has finished heated living areas oil two or more levels or stories, which levels or stories are immediately above or below each other measured vertically and all of such levels or stories are above the finished exterior grade of such dwelling, then such dwelling shall have at least 800 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of the first level or story, of such dwelling, and shall have at least a total of 1,600 square feet of finished heated living area, provided however, that the top story or level may have less than 600 square feet of finished heated living area if the first level or story shall have at least 1,000 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall of the first level or story of such dwelling and such dwelling shall have at least a total of 1,600 square feet of finished heated living area. In the computation of finished heated living area, the same shall not include any basement or attic area used for storage. All dwellings shall have an attached garage for at least two automobiles. (b) Setback Requirements — No home shall be placed any nearer to the front or rear lot lines that the minimum setback lines shown on the plat. (c) Outbuildings Prohibited — No outbuildings may be constructed on any lot without the express written consent of the Architectural Control Committee. (d) Cesspool — No leaching cesspool shall ever be constructed or used on any lot. (e) Existing Structure — No existing erected building or structure of any sort may be moved onto or placed on any lot. (f) Fences — No fencing, other than vegetation, may be installed any closer to the front lot line than the front wall of the home. Chain link is expressly prohibited. (g) Minimum roof pitch to be 6/12 pitch. (h) Roof to be architectural shingles. 15. Commercial Structures. No building or structure of any sort 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 structures 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 service to Woodridge Community. WOODRIDGE SUBDIVISION / PAGE 6 OF 10 16. Outbuildings Prohibited. No outbuilding or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Committee, unless a detached garage. 17. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or part thereof, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for commercial purposes. 18. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, ashes or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. No vehicle may be stored or allowed to be parked on any lot unless said vehicle is in evident good operative condition. 19. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures or signs on any lots is specifically prohibited except that billboards, advertising boards, structures or signs used by the A) Woodridge advertising the sale or rental of such property during the construction and sales period are permitted provided they do not exceed five square feet in size or signs approved by the Architectural Committee displaying the name of a residential complex, commercial establishments, parking instructions or regulations relating to the use of recreational facilities. 20. 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 on 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. 21. 'Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 22. Existing Structure. No existing, erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 23. Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants' quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporary or permanently, nor shall any structure of a temporary character be used for human habitation. 24. Easements for Public Utilities. 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. In the WOODRIDGE SUBDIVISION / PAGE 7 OF 10 event any trees, shrubbery, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easements, 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. 25. Fences. No fences, enclosure or part of any building of any type or nature whatsoever shall be constructed, erected, placed or maintained closer to the front line than the building set -back line applicable and in effect as to each lot; provided however, that is it not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yards. All fences shall be of wood construction of 6 feet in height, and their design shall be approved by the Architectural Committee. Moreover, no automobile, truck, trailer, tent or temporary structure of any nature whatsoever, shall ever be parked, located or otherwise maintained on any lot, provided that it is not the intention of this paragraph exclude the temporary parking of automobiles on any portion of the garage driveway. 26. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty inches (30") above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at point fifty feet (50') from the intersection of the street line, 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 feet (50') from their intersection. The foliage line of any tree located within such distances of such intersections must be maintained at a height of not less than eight feet (8') from the adjacent roadway to prevent obstruction of such sight lines. 27. Property Line and Boundaries. Iron pins have been set on all lot corners and points of Survey and all lot dimensions shown on curves and chord distances, and all curve data as shown on the attached plat filed herewith is centerline curve data. In the event of minor discrepancies between dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 28. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all parties claiming by, through or under it shall be taken to hold, agree and covenant with the owner of the lots hereby restricted, and with its successors and assigns, and with each of them to conform to and observe said restrictions, as to the use of said lots and the construction of improvements thereon, but no restrictions herein set forth shall be personally binding upon any corporation person or persons, except in respect to breaches committed during its, his or their seisin of title to said land, and HLLD, LLC, an Arkansas Corporation, its successors and assigns, and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions set forth, in addition to the ordinary legal action for damages and failure of HLLD, LLC, an Arkansas Corporation, WOODRIDGE SUBDIVISION / PAGE 8 OF 10 its successors or assigns, or any owner or owners of any lot or lots in this subdivision to enforce any of the restrictions herein set forth at the time of its violation shall, in no event to be deemed to be a waiver of the right to do so thereafter. HLLD, LLC, an Arkansas Corporation, may, by appropriate agreement made expressly for that purpose, assign or convey to any person or corporation all of the rights, reservations and privileges herein reserved by it, and upon such assignment or conveyance being made, its assigns or grantees may at their option exercise, transfer or assign these rights or any one or more of them any time or times in the same way or manner as though directly reserved by them or it in this instrument. 29. Modification of Restriction. 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 any part, by a written instrument signed and acknowledged by the owner or owners or more than 60% in area of the land in this subdivision, and the provisions of such instrument so executed shall be approved by the Little Rock Planning Commission, and shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. These covenants, restrictions and provisions Of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as herein above and upon the expiration thereof on January 1, 2010, shall automatically be continued thereafter for successive period of ten years each, unless terminated or canceled as herein provided. 30. Common Use Areas. In the plat of Woodridge Community, the Woodridge has designated a certain area of land as Common Private Areas and Sewer Easements intended as a recreation area and for related activities for the property owners in said Addition and as set forth in the Woodridge Homeowners Association Declaration, dated , which said Homeowners Association Declaration is hereby incorporated into and made part of this Bill of Assurance. 31. Separability. Invalidation of any restriction set forth herein or any part thereof by an order, judgment or decree of any court, or otherwise, shall not invalidate, or affect any of the other restrictions or any part thereof as set forth herein, but they shall remain in full force and effect. 32. Mailboxes. The mailbox will be of brick to match the face of the home of which it is built. The specifications will be of the city of Little Rock and the United States Postal Service. WITNESS our hands and seals this of A ATTEST: day of , 005. ELL APPROVED: WOODRIDGE SUBDIVISION / PAGE 9 OF 10 LITTLE ROCK PLANNING COMMISSION Ph"Agntnorii rnASsEantofrrninimum standards DATE required by the city of Little Rock subdivision regulations. Bill of Assuranm provisions established by t"o developer may exceed minimum regulations of tho 4itde Rock subdivision and zoning ordinance:. City oa4—IeRo�ckPlan�ning Commission City of Little Rock Planning Commission ACKNOWLEDGMENT STATE OF ARKANSAS ) ss COUNTY OF PULASKI ) On this imi day of 2005, before me a Notary Public duly commissioned, qualified anff actin , within and for the said County and State, appeared a person the within named Sid_ ,81s and , to me personally well known, who stated that they were duly authorized in their respective capacities to execute the foregoing Bill of Assurance for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this '?,26k day 2005. 055 ,WAX �v� My Commission Expires: WOODRIDGE SUBDIVISION / PAGE 10 OF 10