HomeMy WebLinkAboutS-1428-D ApplicationRecorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $70.00
WATERS EDGE SUBDIVISION
PHASE 2
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENT:
THAT, WHEREAS, H L Land Development, LLC, (hereinafter called
"Allotter") is the sole owner of lands lying in Pulaski County, State of Arkansas,
described as follows:
PART OF THE NE 1/4 OF SECTION 28, TOWNSHIP 1 NORTH,
RANGE 13 WEST IN PULASKI COUNTY, ARKANSAS
TO THE CITY OF LITTLE ROCK, PULASKI COUNTY MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NE 1 /4, NE 1 /4 OF SECTION 28
THENCE S 01'2O'08" W 268.58` TO THE POINT OF BEGINNING THENCE S 86'59'11" E 169.44 ; THENCE
S 017'27" W 69.72"; THENCE S 86'59'11" E 131.04'; THENCE 5 02-32.57" W 235.01'; THENCE
S 37'00'37" E 61.11" THENCE S 14'56'27" W 105.48'• THENCE N 86'59'10" W 187.74'• THENCE
S 03'00 43" W 10.32 ; THENCE N 85'59'11" W 120.81'; THENCE N 01'20'08" E 465.20�
TO THE POINT OF BEGINNING CONTAINING 3.008 ACRES MORE OR LESS
WHEREAS, it is deemed desirable that the above described property be now
subdivided into building 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, the covenants and restrictions
contained in the Declaration of Covenants and Restrictions of Waters Edge, Little Rock,
Arkansas, and the By -Laws of Waters Edge Property Owners Association, Inc., in order
to enhance the value of said property.
NOW, THEREFORE, for and in consideration of the benefits to accrue to H.L.
Land Development, LLC, an Arkansas Limited Liability Company, 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 James A. Rasburry Registered Surveyor, and
executed by him on April 8, 2011, executed by Michael Lasiter and bearing a certificate
of approve executed by the Little Rock Planning Commission, said plat showing the
bounds and dimensions of the property now being subdivided into lots and streets ' e\Y" � Y �
described by lots and streets as shown thereon.<
l s
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 platted having more than one
street contiguous to it.
RESTRICTIONS
1. Use of Land. None of the lots may be improved, used or occupied for
other than private residence purposes, and no duplex, flat, apartment or condominium,
although intended for residence purposes, may be erected or maintained thereon.
The tracts of land designated on the plat of Waters Edge, Phase 2, as Reserved,
shall be used in accordance with regulations of the City of Little Rock and Pulaski
County, Arkansas
2. Architectural Committee. No building or other structure 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
at least three (3) and not more than five (5) members who shall be natural persons, or
their duly authorized representatives, representative or successors. In the event of the
death of resignation of any member or members of the above -named committee, the
remaining member or members shall have full authority to approve or disapprove such
plans, specifications, color scheme materials and 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 members or member, 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
nearer to the front lot line or nearer to the said street line than the minimum building
setback lines shown on the recorded plat. No building shall be located nearer to an
interior lot line than a distance of ten percent (10%) of the average width of the lot except
that a permitted accessory building located 25 feet or more from the minimum building
setback line. No principal dwelling shall be located on any lot nearer than 25 feet to the
rear lot line. For the purposes of this covenant, eaves, steps, and porches not under roof
should not be considered as a part of the building.
Allotter hereby donates and dedicates to the public an easement of way on and
over such of the real property owned by it designated 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 Allotter 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 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
County Clerk of Pulaski County shall be valid and complete delivery and dedication of
the streets and easements subject to the limitations herein set out.
The lands embraced in said plat shall be forever known as Waters Edge, Phase 2
Little Rock, Arkansas being a Subdivision in Section 28, Township 1 North, Range 13
West, Pulaski County, Arkansas, and any and every deed of conveyance of any lot in said
subdivision describing the same by the number or numbers 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 which, subject to
being amended or canceled as hereinafter provided, shall be and remain in full force and
effect until May 1, 2030, and thereafter for successive periods of ten years each, unless
terminated or canceled as herein provided.
I 0
6. 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 1,800 square feet, except as provided hereinafter:
(a) Two or More Levels — Basement Type. If a dwelling has
finished heated living area on a different level, and the finished floor levels of such areas
are separated by more than eight feet measured vertically, then such dwelling shall have
at least 1,200 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 such dwelling, and shall have at least a
total of 1,850 square feet of finished heated living area, if the double garage area of not
less than 450 square feet is also on the top plate line level, and the total heated finished
area in the dwelling is not less than 1,900 square feet of floor space.
(b) Two -Story and Sta -and-a-Half. If a dwelling has finished
heated living areas on two or more levels or stories, which levels or stories are
immediately above and 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 950 square feet of finished heated living area measured in a horizontal plane
to the face of the outside wall at the top of plate line of the first level or story of such
dwelling and shall have at least a total of 1,850 square feet of finished heated living area,
provided, however, that the top story or level may have less than 700 square feet of
finished heated living area if the first level or story shall have at least 1,200 square feet of
finished heated living area measured in a horizontal plane to the face of the outside wall
of the first level. 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
carport or garage for at least two automobiles.
(c) Lake Lots. - The dwelling shag be a minimum of 2,000 square feet.
7. Exterior Fluildin Materitals. Lots shall exterior, and
have a brick front
brick foundation. All residences shall have architectural roofing shingles with a
minimum roof pitch of 8/12, brick mail boxes and solid sod front, back and side yards.
All exterior colors including roof and sidingImust be approved by the Architectural
Committee before construction begins.
8. interior Finish. Minimum interior finish out will include; 9' ceilings in
foyer, great room and master bedroom, file counter tops in kitchen (no Formica), tile
flooring in all wet areas, crown molding in great room, dining room and master bedroom,
and hardwood flooring in dining room. Any changes must be approved by the
Architectural Committee.
9. Comanercial 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 the Water's Edge,
Phase 2, Little Rock, Arkansas.
10. Outbuildings Prohibited. No outbuilding or other detached structure
appurtenant to the residence may be erected on any of the lots hereby restricted without
consent in writing of the Architectural Committee.
11. Lines#otk and Poult 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.
12. Noxious Activitv. 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.
provided they do not exceed 5 square feet in size or signs approved by the Architectural
t ,
Committee displaying the name of a residential complex, commercial establishments,
parking instructions or regulations relating to the use of recreation facilities.
14. 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.
15. CesspoolNo leaching cesspool shall ever be constructed or used on any lot.
16. Existing Structure. No existing erected building or structure of any sort
may be moved onto or placed on any of the above -described lots.
17. TemRorary 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.
18. Easements for Public Utilities. Easements for the installation, niaintenance,
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 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 this destruction of same in the installation, maintenance, repair
or replacement of any utility service located within the area of such easements.
19. Fences and Mail Boxes. No fences enclosure or part of any building of any
type of 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 intention of this paragraph to exclude the use of
evergreens or other shrubbery to landscape front yards. All residences shall have fences
constructed of wood, masonry, or wrought iron and their design approved by the
Architectural Committee. Mail boxes, shall be constructed of brick and located at the
street, and be constructed in conformance with design criteria adopted by the
Architectural Committee or the Water's Edge Homeowners Association. Moreover, no
automobile, truck, trailer, boat, tent or temporary structure of any nature whatsoever,
shall ever be parked, located, or otherwise maintained on any lot for more than 10 days
unless the Architectural Committee has approved said parking, location or maintenance
together with any restrictions the Architectural committee deems appropriate, provided
that it is not the intention of this paragraph to exclude the temporary parking of passenger
automobiles or trucks one-half ton or smaller in size on any portion of the garage
driveway.
20. Site Line Restriction. No fence, wall, hedge or shrub planting
which obstructs sight lines at elevations of more than thirty (30) inches 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 points fifty (50) feet from the
intersection of the street line, or in the case of a rounded property comer, 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. The foliage line of any tree located
within such distances of such intersections must be maintained at a height of not less than
eight (8) feet from the adjacent roadway to prevent obstruction of such sight lines.
21. Property Lines 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 center line curve data.
In the event of minor discrepancies between the 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.
22. Incorporation of Other Documents. The covenants and
restrictions contained in the Declaration of Covenants and Restrictions of Waters Edge,
Little Rock, Arkansas and the By -Laws of Waters Edge Property Owners Association,
Inc., both of which are filed in the Pulaski County Real Estate Records, are hereby
referenced and incorporated herein.
23. 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 seizing of title to said land, and HL Land Development LLC, an Arkansas
Limited Liability 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 above set forth, in addition to ordinary legal action from damages and failure
of HL Land Development, an Arkansas Limited Liability Corporation, its successor and
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. HL Land Development., LLC, an Arkansas
Limited Liability 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 assigtimctit 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 at any time or times in the same way or manner as though directly
reserved by them or it in this instrument.
24. Modification of Restriction. Other than anendrments covered under
paragraph four of this document, 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 the
owner, HL Land Development, LLC or owners of more than ninety percent (90%) in
area of the land in this subdivision. These covenants, restrictions and provisions of this
instrument shall be deemed covenants running with the land and shall rema111 in full force
and effect as hereinabove and upon the expiration thereof on May 1, 2030, shall
automatically be continued thereafter for successive periods of ten (10) years each,
unless terminated or canceled as herein provided.
25. Common Use Areas. In the plat of Waters Edge, Phase 2, the Allotter has
designed a certain area of land as Common Private Areas and Sewer Easement intended
as a recreation area and for related activities for the property owners. Common use areas
would include: lake, tot lots, walking trails, fishing piers and gazebo. There will be no
use of four -wheelers or motorcycles on any of said common use walking trails.
Homeowners Association Declaration is hereby incorporated, into and made a part of this
Bill of Assurance. Property Owners Association will take ownership of all common use
areas.
26. Lake. The lake is intended for the communal use and benefit of all property
owners. Fishing will be allowed only from the common -use fishing pier. All other uses
or activities on the lake, including but not limited to, the building of private piers,
swimming, or use of any canoe, boat, or watercraft, is prohibited unless prior written
approval is given by the Waters Edge Property Owners Association.
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 therein, but they shall
remain in full force and effect.
WITNESS our hand and seals this _ � day of �/� , 2011.
Revievied only for inclusion of minimum standards
required by the Cibj of Little Rock subdivision regulations
Bill of Assurance provisions estabHz,;hsd by t c
developer may e::-ed minimum regulations of thc.
Uri cic subdivision and zoning ordinances.
la Lul� 4 i I
Ci' f Vt1le Rock Planning Commission
HL Land Development, LLC
By:
Michael Lasiter
Title: c of
STATE OF ARKANSAS )
COUNTY OF PULASKI )
ACKNOWLEDGEMENT
On this` , day of _ %E'I L 2011 before me, a Notary Public
duly commissioned, qualified and acting within and for the said County and State,
appeared in person the within named Michael Lasiter to me personally well known, who
stated that he was the legal agent of HL Land Development, LLC, and was duly
authorized in his respective capacity to execute the foregoing Bill of assurance for and in
the name and behalf of said Limited Liability Company, and further stated and
acknowledged that he had so signed, executed and delivered said 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
2_grdayof �/�Ie/ l-:— 2011.
1
Notary Public
My commission expires:
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —Water Edge Estates II
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 ent.
Engineering Specialist Date: r �-
ADDRESSING SPECIALIST'S REPORT
I have re ewed the plat and find that the street names and street configuration are acceptable.zy'11�14 - ,.
Addressing Specialist Date:.If
TRAFFIC ENGINEER REPOR
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 and street lights.
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.
12 a-..a.� Traffic Engineer Date:
per- 5P.
CIVIL ENGINEER REPORT
Hi viewed 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. �r
Civil Engineer I/II Date: v
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
Surveyor Date: IIr
_ 2
MANAGER APPROVAL
Ali Civil Engineering requirements for filing this final plat have been satisfied.
Date: 2•
Design Review Engineer/Civil Engineering Manager
January 28, 2011
Print Page 1 of 1
From: Jim Boyd (jim.boyd@lrwu.com) 40
To: DJames@littlerock.org;
Date: Wed, February 23, 2011 1:46:38 PM
Cc: mcgetrick2@sbcglobal.net;
Subject: FW: waters edge final plat
Sewer is available to this property and no additional easements are required other than what is shown
on the attached plat. LRW has no objection to filing this plat.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR 72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd(�lrwu.com
From: MCGETRICK MCGETRICK [mailto:mcgetrick2@sbcglobal.net]
Sent: Wednesday, February 23, 2011 7:17 AM
To: Jim Boyd
Subject: waters edge final plat
Jim
Here is a pdf of the plat.
Thanks Pat
http://us.mg204.mail.yahoo.com/dc/launch?.partner=sbc&.gx=1 &.rand=c684ec2gr02gl 4/27/2011
Print
Page 1 of 1
From: FREEMAN, BARNEY B (BFREEMAe 7entergy.com)
To: mcgetrick2@sbcglobal.net;
Date: Wed, February 23, 2011 8:52:48 AM
Cc:
Subject: RE: waters edge final plat phase 2
Pat,
Entergy is has no objections to the final plat of Waters Edge phase 2.
Thanks,
Barney Freeman
Entergy Arkansas Inc.
501-954-5115
-----Original Message -----
From: MCGETRICK MCGETRICK[mailto:mcgetrick2@sbcgloba1.net]
Sent: Wednesday, February 23, 2011 7:23 AM
To: FREEMAN, BARNEY B
Subject: waters edge final plat phase 2
Barney
Here is the final plat of phase 2. I need your sign off for Donna. So I can
file the plat.
Thanks Pat
http://us.mg204.mail.yahoo.com/dc/launch?.partner=sbc&.gx=1 &.rand=c684ec2gr02gl 4/27/2011
Print
Page 1 of 1
From: B1ake.Weindorf@CArkW.com (B1ake.Wei:idor-f@CArkW.com)
To: mcgetrick2@sbcglobal.net;
Date: Wed, January 19, 2011 11:01:07 AM
Cc:
Subject: Re: final plat waters edge phase 2
NO OBJECTIONS.
Please let me know if I may be of further assistance.
Thanks,
Blake F. Weindorf, P.E.
Senior Engineer
Central Arkansas Water
501.377.1224
501.210.4980 (fax)
blake.weindorf@carkw.com
From: MCGETRICK MCGETRICK <mcgetrick2@sbcglobal.net>
To: Jim Boyd <jim.boyd@lrwu.com>
Cc: Joni Bates <joni.bates@centerpointenergy.com>, tthomp1@entergy.com, blake weindorf <blake.weindorf@carkw.com>, TC7972@ATT.COM
Date: 01/17/2011 09:18 AM
Subject: final plat waters edge phase 2
Please review the attached final plat. Contact us if you require any changes,
if the plat is ok please state so.
Thanks
Pat[attachment' fp water edge ph 2 Model (1).pdf'deleted by Blake Weindorf/CAW]
Before you print this email think about the environment.
http://us.mg204.mail.yahoo.comldc/launch?.partner=sbc&.gx=1 &.rand=c684ec2grO2gl 4/27/2011
Print Page 1 of 1
From: CAPPS, TROY D (ATTSWBT) (TC7972-@att:eom)
To: mcgetrick2@sbcglobal.net;
Date: Mon, January 17, 2011 9:22:44 AM
Cc:
Subject: Out of Office AutoReply: final plat waters edge phase 2
I will be out of the office until Jan 19, 2011. If you require assistance, please contact David Cain at
373-8171 or dcl2450,att.com
http://us.mg204.mail.yahoo.com/dc/launch?.partner=sbc&.gx=1 &.rand=c684ec2gr0291 4/27/2011
Print Page 1 of 1
From: Bates, Joni B. Ooni.bates@centerpointenergy.com)
To: mcgetrick2@sbcglobal.net;
Date: Mon, January 17, 2011 4:37:16 PM
Cc:
Subject: RE: final plat waters edge phase 2
Approved
From: MCGETRICK MCGETRICK[mailto:mcgetrick2@sbcglobal.net]
Sent: Monday, January 17, 2011 9:22 AM
To: Jim Boyd
Cc: Bates, Joni B.; tthomp1 @entergy.com; blake weindorf; TC7972@ATT.COM
Subject: final plat waters edge phase 2
Please review the attached final plat. Contact us if you require any changes,
if the plat is ok please state so.
Thanks
Pat
http://us.mg204.mail.yahoo.comldc/launch?.partner=sbc&.gx=1 &.rand=c684ec2gr02gl 4/27/2011