HomeMy WebLinkAboutS-1435-B ApplicationFiled & Recorded in
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PHASE H BENTLEY COURT SUBDLV.q NTY CLERK
BILL OF ASSURANCE Fees $47.00
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KNOW ALL MEN BY THESE PRESENT:
THAT, WHEREAS, Bentley Court, LLC, (hereinafter called "Grantor") is the sole
owner of the following described lands, lying in Pulaski County, Arkansas to -wit:
See Exhibit A (hereinafter referred to as "Phase H Bentley Court Subdivision,
Little Rock, Arkansas, February 11, 2006").
AND WHEREAS, it is desirable that the above described lands be platted into lots,
blocks, tracts, and/or streets.
NOW, THEREFORE, WITNESS:
THAT the said GRANTOR has caused said land to be surveyed by McGetrick &
McGetrick, Inc., Registered Professional Engineers and Land Surveyors, and a plat thereof made
which is identified by the title Final Plat Phase II Bentley Court Subdivision, Little Rock,
Arkansas, February 11, 2006, bearing the signature and seal of said Engineer and Surveyor and
the Signature of the GRANTOR and bears a Certificate of Approval executed by the Circuit Court
Clerk of Pulaski County, Arkansas as Plat 61--,
The GRANTOR does hereby plat and subdivide the above described lands in accordance
with the recorded plat. The lands embraced in the said plat shall be forever known as:
PHASE II BENTLEY COURT SUBDIVISION, LITTLE ROCK, ARKANSAS.
The GRANTOR hereby dedicates to the public forever an easement of way on and over
the streets as shown on the Plat, to be used as public streets.
There are strips of land shown and dimensioned on the Plat designated as Utility and/or
Drainage Easements, which are reserved for the use of public utilities and/or drainage purposes
respectively, subject to the rights of public utilities and the public in general.
The filing of this Plat and Bill of Assurance for record in the Office of the Circuit Court
Clerk of Pulaski County, Arkansas shall constitute a complete and valid delivery and dedication
of any and all street and/or easements shown on the said plat.
Hereinafter, conveyance and description of any of the lands by lot number as shown on
said plat shall be a proper and complete description thereof.
The lots in the subdivision shall be sold by the GRANTOR and purchased by the,bu' yers
thereof, subject to the following covenants and restriction:
1. LAND USE AND BUILDING TYPE. Said land herein platted as lots shall be
held, owned and used only for residential building sites. No structures erected, altered, placed
or permitted to remain on any residential building sites other than a single detached single family
dwelling, a private garage for storage of passenger cars owned or used by the residents, guest
house, servants' quarters, and other outbuildings clearly incidental and related to residential use
of the premises. No such building site shall be used for commercial purposes. Such restrictions
shall not prohibit the temporary maintenance of model homes for promotional purposes and
construction or sales offices by GRANTOR or other professional builders.
2. ARCHITECTURAL CONTROL. No structure shall be erected, placed or altered
on any property in Phase H Bentley Court Subdivision until the building plans, specifications, and
plot plan showing the location and facing of such building with respect to existing topography,
adjoining streets, finished ground elevations have been submitted to and approved in writing by
the GRANTOR. The form for approving submittals is attached to this Bill of Assurance as
Exhibit "B". In the event, the GRANTOR fails to approve or disapprove or request additional
information regarding the plans, specifications, or plot plan submitted to it as herein required
within thirty (30) days after such submission, this covenant shall be deemed to have been fully met
by the person submitting such plans for approval. Enclosed garages shall be required. Nothing
contained nor the required consent of the GRANTOR shall in any way be deemed to prevent any
of the owners of property in Phase II Bentley Court Subdivision from maintaining any legal action
relating to improvements within Phase 11 Bentley Court Subdivision which they would otherwise
be entitled to maintain. There shall be no compensation to the GRANTOR for the services to be
performed pursuant to this provision.
3. LOT AREA AND WIDTH. No residence shall be erected, altered or permitted
to remain on any lot platted as Phase II Bentley Court Subdivision if the area of the lot is less than
7,000 square feet and the average width of the front and rear of the lot is less than sixty (60) feet.
No lot shall be divided without written consent of the GRANTOR and the Little Rock Planning
Commission first had and obtained.
4. MINIMUM PRINCIPAL DWELLING SIZE. No principal residential structure
shall be constructed or permitted to remain on any lot platted hereby as Phase H Bentley Court
Subdivision unless the total square frontage determined by outside measurements of the actual
heated and cooled floor area, exclusive of porches, patios, carports, garages and breezeways shall
be at least 1,700 square feet. All dwellings placed upon said premises shall be of new condition
and shall be of quality workmanship and materials.
5. EXTERIOR BUILDING MATERIALS. All principal residential structures shall
have brick on the front side of the residence facing the street and if the principal residential
structure is on a comer lot, then the two sides of the principal residential structure facing streets
shall have an exterior veneer of brick. In addition, all principal residential structures shall have
exterior veneers of brick return on the sides of houses of at least two (2) feet back from the front
corner of the residence.
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6. ROOFS. No flat roofs shall be allowed. All principal residential structures shall
have or contain a minimum 4112 roof pitch and architectural grade roofing.
7. BUILDING_ LOCATION. No building, fence or wall shall be constructed on any
lot nearer to the street than the building line shown on said plat. No residential structure shall be
located nearer than a six (6) feet to an interior lot line or ten percent (10%) of the average width
of the single-family lot, whichever is greater, provided, however, such side yard need not exceed
eight (8) feet in width. For the purpose of this covenant, eaves, steps and open porches shall not
be considered a part of the dwelling_ No residential structure shall be nearer to the rear lot line
than allowed by the City of Little Rock.
8. TEMPORARY STRUCTURES. No trailer, basement, tent, shack, garage, garage
apartment, hutment, barn, structure of a temporary character, or outbuildings of any kind on said
land shall at any time be used or occupied as a residence, temporarily or permanently.
9. SIGNS. Except for subdivision, monument or identification signs, no billboard,
poster, or sign shall be placed or permitted to remain on any part of said property; provided,
however, one sign only per lot not exceeding five (5) square feet in area may be displayed
advertising the property for sale or rent, and signs used by GRANTOR or a builder may be
displayed to advertise the property during the construction and sale period, or otherwise with
reference to model homes, etc.
10. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between two (2) and six (6) feet above the
roadway, 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 street 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
ten (10) feet from the intersection of the street property line with the edge of a driveway or alley
pavement. No tree shall be permitted to remain within such distances or such intersections unless
the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
11. FENCES. No fence, wall, hedge or mass planting shall be permitted to extend
beyond the minimum front building setback line established herein or from the side yard building
line to the street on corner lots. No chain link fences shall be erected, altered, placed or permitted
to remain on any residential building sites. The design, construction and materials of any fence
or wall must be approved by the GRANTOR in the same manner as provided in paragraph 2
hereinabove for Architectural Control.
12. PUBLIC UTILMIES. All dwellings and other structures erected upon any lot as
a residential dwelling shall be served by all public utilities, including public sewer.
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13. EASEMENTS_ No building, trees, fences, incinerators, paved driveways or any
other permanent structure or improvement of any kind, whether herein specifically enumerated
or not, shall be built or maintained within the area of any of the easements and no alteration
including grading, filling, excavation or other site work may be done within the area of any of the
easements shown on the plat which may damage or interfere with the installation and maintenance
of the utilities or which may change the direction of flow of drainage channels, or which may
obstruct or retard the flow of water through drainage channels; and, in the event any such
obstruction is placed thereon in violation of this restriction and reservation, no public authority
will be liable for destruction of same in maintaining or repairing its lines location with in the area
of said easement. Easements, including drainage channels, shall be mowed and generally
maintained by the owner of the lot over which the easement or drainage channel is platted except
for improvements installed in those easements for which a public authority or utility is
responsible.
14. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall
be raised or kept except that dogs, cats or other fully domesticated pets may be kept, provided that
they are not kept or maintained for any commercial purpose.
15 D MEWA'Y . No concrete, asphalt or other obstruction shall be placed in the
street gutters. Curbs may be broken at driveways and driveway grades lowered to meet the gutter
flow line.
lfi. MAILBOXES. All dwelling owners shall, at their expense, install and maintain
in good working order at the front of each lot, a brick mailbox at a location, as specified, or
approved by GRANTOR, its successors or assigns.
17. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot
corners and points of curve, and all curve data as shown on the attached plat is centerline 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
original pins as set shall control.
18. SATELLITE RECEIVER DISH. No large satellite receiver dish ("dish") shall be
erected, placed or maintained on any lot. Only a smaller dish less than or equal to two (2) feet
in diameter, shall be permitted to be mounted on back side of the house or in the yard behind the
house. No dish of any size shall be erected, placed or maintained in the side or front yard of any
residential structure. These restrictions shall be cumulative and in addition to any municipal or
governmental restrictions and requirements.
19. BOATS, CAMPERS AND TRAILERS. No motorboat, houseboat, canoe, sailboat,
or other similar waterborne vehicle, no camper, trailer, or recreation vehicle and no inoperative
or disassembled vehicles of any kind shall be maintained, abandoned, stored or permitted to
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remain in the street right of -way or in the area between the street and the building setback line or
in the side yard area.
20. MONUMENT SIGN AT ENTRANCE. A monument sign identifying the
Subdivision shall be constructed by GRANTOR in the median of Bentley Boulevard and within
200 feet of the centerline of Stagecoach Road. This monument shall be maintained by the
Property Owners Association upon establishment of the Property Owners Association as set forth
in paragraph 20. Prior to that time, said monument sign shall be maintained by GRANTOR.
21. OUTDOOR LIGHTING. No outdoor lighting shall be erected, placed or
maintained on any lot unless such lighting complies with the International Dark -Sky Association
Requirements and is approved by GRANTOR in the same manner as provided in paragraph 2
hereunder for Architectural.
22. PROPERTY OWNERS ASSOCIATION. The Property Owners Association shall
be established upon the GRANTOR selling fifty-one percent (51 %) of all lots in all of the phases
of Bentley Court Subdivision. The GRANTOR shall deed to and otherwise turn over to and
relinquish control of all "common areas" within Bentley Court for Phase H and any subsequent
phases which may be developed and assigned to the Property Owners Association any funds
collected and not spent on the construction of improvements or maintenance of such areas. The
annual assessment for each lot shall be $120.00 per year, prorated for the first partial year, and
shall be due and payable on the first day of January beginning from the filing of the Plat of
Bentley Court, and on the first day of January thereafter. The vacant lots shall be the same
amount for lots with homes erected thereon. Until such time occurs, the GRANTOR shall retain
control of and maintenance of such areas.
23. EN ORCEMENT. In the event of any attempt to violate any of the covenants or
restrictions herein before the expiration dated hereof, it shall be lawful for any person or persons
owning any lots in Phase II Bentley Court Subdivision to prosecute any proceedings at law or in
equity against a person or persons violating or attempting to violate any covenant or restrictions,
either to prevent him or them from so doing or to recover damages for such violation.
24. AMENDMENT. These covenants and restrictions may be canceled or amended
if an instrument signed by the owners of a least fifty-one percent <51 %) of the said area covered
by this plat is placed of record agreeing to change the covenants and restrictions in whole or part,
and the provisions of this instrument so executed shall be binding from the date it is duly filed for
record in the Office of the Circuit Clerk and Recorder from Pulaski County, Arkansas; provided
that if the GRANTOR owns any property within the area covered by this Plat, the GRANTOR'S
approval to cancel or amend these covenants and restrictions must be first obtained. GRANTOR
shall have independent right to amend these covenants and restrictions at any time during the
development and construction of improvements on the property covered by this plat, or while
GRANTOR continues to own any property covered, by this Plat and Bill of Assurance
GRANTOR shall have the right to amend these covenants and restrictions; provided, however,
5
that any such amendments by the GRANTOR shall require the prior approval of the Little Rock
Planning Commission. Any such instrument shall be effective and binding when it is filed for
record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas. The right
to so amend, modify, extend, change and/or cancel as aforesaid shall exist at all times prior to
January 1, 2015 and shall also exist at all tunes during each and every successive period extending
the covenants, restrictions, requirements and provisions of this Bill of Assurance.
25. SEVERABILITY. invalidation of any one of these covenants or restrictions by
judgment of a court of competent jurisdiction .shall in no way affect any of the other provisions
which shall remain in full force and effect.
The consideration set forth in items one through twenty-one are hereby approved by the
City of Little Rock Planning Commission. Any additional requirements, restrictions or statements
are entered without review or action by the Planning Commission, and shall not be considered part
of the Little Rock Planning Commission's requirements for approval.
IN WITNESS our hands and/or seals on this day of 4 , 2006.
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GRANTOR:
Bentley Court, LLC
By:
Pat Malmstrom, Manager
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STATE OF ARKANSAS )
COUNTY OF )
ACKNOWLEDGMENT
BE IT REMEMBERED, that on this day came before me, the undersigned, a Notary
Public within and for the County aforesaid Pat ltiMalmstrom, and stated that as an officer and
official of Bentley Court, LLC, GRANTOR in the foregoing Bill of Assurance, was authorized
to and had executed the same for the purposes therein.
WITNESS my hand and seal as such Notary Public on this A/1-1day of
2006.
Notary Publ'
My commission expires:
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CERTIFICATE OF APPROVAL
The Architectural Control Committee of Bentley Court does hereby approve the plans and
specification submitted by for the construction of a
dwelling and/or improvements to be performed on Lot
DATED this day of
ARCHITECTURAL CONTROL COMMITTEE
Bentley Court, LLC
Pat Malmstrom, Manager
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CIVIL ENGINES LING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME BENTLEY COURT SUBDIVISION PHASE 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 sent.
a"j g- Engineering Specialist Date: 3 2- b
J_ -
ADDRESSING SPECIALIST'S REPORT
I ave r at fin at the street names 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.
?J0 -r K,-,A t-kZayio Traffic Engineer Date:
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.
All other requirements for final plat approval have been satisfied.
' 4
--�... Civil Engineer I/II Date: )OL
SURVEYOR'S REPORT
I have reviewed the plat and find that:
/K All requirements for final plat approval have been satisfied.
o
_ Surveyor
MANAGER APPROVAL
\All Civil Engineering requirements for filing this final plat have been satisfied.
Y 4- ' <a Date: 3 ho / �%�/
5P
Design Review Engineer/Civil Engineering Manager
Date: Z Z2, 6
July 2005