HomeMy WebLinkAboutS-1435-D ApplicationPHASE III BENTLEY COURT SUBDIVISION
BILL OF ASSURANCE
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 III Bentley Court Subdivision,
Little Rock, Arkansas, 92010.
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 III Bentley Court
Subdivision, Little Rock, Arkansas, 1 2010, 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 #
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 III 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 streets 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
buyers 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 to 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 III 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 III Bentley Court Subdivision from
maintaining any legal action relating to improvements within Phase III 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 III 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. NUNMCTM PRINCIPAL DWELLING SIZE. No principal residential
structure shall be constructed or permitted to remain on any lot platted hereby as Phase
III 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 corner 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.
6_ ROOFS_ No flat roofs shall be allowed- All principal residential structures shall
have or contain a minimum 4112 roof pitch and architectural grade roofmg-
7- BUILDING LOCATIQN- 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 (b) 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 stricture shall be nearer to the rear lot line
than allowed by the City of Little Rock-
S. TEMPORARY STRIJCTiJRI~S_ 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 there 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 die 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 wail must be approved by the GRANTOR in the same manner as provided in paragraph 2
hereinabove for Architectural Control _
12- PUBLIC UTILITIES- All dwellings and other structures erected upon any lot as
a residential dwelling shall be served by all public utilities, including public sewer-
r:
13. EASEN N TS. 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 easern nts and no alteration
including grading, file, excavation tar 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 c haunds, 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 destmcdou of same in maintaining or repairing its lip location with in the area
of said easemeuL 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 DRIVEWAYS. 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. MAMB0M_ All dwelling owners shall, at their expense, install and maintain
in good working order at the fry of each ioL a brick mailbox at a location, as specified, or
approved by GRANTOR, its successors or assigns.
17. PRO PEATY 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 backside 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
4
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 (511/6) 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 III and nay 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. ENFORCEMENT. In the event of any attempt to violate any of the
covenants or restrictions herein before the expiration dated thereof, it shall be lawful for
any person or persons owning any lots in Phase III Bentley Court Subdivision to
prosecute and 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 (511/6) 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 provision s of this instruments 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 GRANTOW 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, 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 I, 2015 and shall also
exist at all times during each and every successive period extending the covenants,
restrictions, requirements and provisions of this Bill of Assurance_
25. SEvERABR ITY. Invalidation of any one of these covenants or
restrictions by judgement 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 2010.
GRANTOR:
Bentley Court, LLC
STATE OF ARKANSAS )
COUNTY OF PULASKI )
ACKNOWLEDGEMENT
BE ff REMEMBERED, that on this day came before me, the undersigned, a
Notary Public within and for the County aforesaid Pat Malmstrom, 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 purpose therein.
WTINESS my hand and seal as such Notary Public on this day of
Notary Public
My commission expires:
Page 1 of 1
Classic
RE: final plat bentley subdivision phase 3 Thursday, April 22, 2010 10:33 AM
From: "THOMPSON, THEODIS" <TTHOMPI@entergy.com>
To: "MCGETRICK MCGETRICK" <mcgetrick2@sbcglobal.net>
Pat,
Everything looks ok. I've attached a signed copy of the final plat. If you need anything else just let me know. I can issue
a job for the remainder of the lights after I get an approval letter from the City of Little Rock.
Theodis Thompson
-----Original Message -----
From: MCGETRICK MCGETRICK [mailto:mcgetrick2@sbcglobal.net]
Sent: Tuesday, April 20, 2010 2:49 PM
To: Jim Boyd
Cc: THOMPSON, THEODIS; blake weindorf; Joni Bates; Chris Keithley
Subject: final plat bentley subdivision phase 3
Please review the final plat for Bentley Ph3. We are only doing 12 lots. Please forward
colrlments or an approval leter.
Pat
Page 1 of 1
-YAI40C)!,, M A I L
Classic
FW: final plat bentley subdivision phase 3
From: "Jim Boyd" <jim.boyd@lrwu.com>
To: "'James, Donna"' <DJames@littlerock.org>
Cc: "'MCGETRICK MCGETRICK"' <mcgetrick2@sbcglobal.net>
1 File (183KB)
bentley3 ...
Friday, April 23, 2010 11:09 AM
LRW has sewer available to this property and requires no additional easements. LRW has no objection to
filing this plat.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#1 l Clearwater Drive
Little Rock, AR 72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
From: MCGETRICK MCGETRICK [mai Ito: mcgetrick2@sbcg lobal. net]
Sent: Tuesday, April 20, 2010 2:49 PM
To: Jim Boyd
Cc: tthomp1@entergy.com; blake weindorf, Joni Bates; Chris Keithley
Subject: final plat bentley subdivision phase 3
Please review the final plat for Bentley Ph3. We are only doing 12 lots. Please forward comments or an approval leter
Pat
Page 1 of 1
-VAHvC)!,, MAIL
Classic
FW: final plat bentley subdivision phase 3
From: "NAJI, ALLISON V (ATTSWBT)" <an0142@att.com>
To: mcgetrick2@sbcglobal.net
1 File (1831<13)
J
bentley3
Pat -
Thursday, April 29, 2010 9:31 AM
Phase III is approved. I spoke with the old engineer for this area, Al Uhiren and he says facilities have
already been placed.
Thanks,
Allison Naji
AT&T -Arkansas
Mgr. OSP Planning & Engineering Design
1111 W. Capitol, Room 465
Little Rock, AR 72201
(501)373-1168
From: KEATHLEY, CHRIS (ATTSWBT)
Sent: Tuesday, April 20, 2010 3:27 PM
To: mcgetrick2@sbcglobal.net; NAJI, ALLISON V (ATTSWBT)
Subject: FW: final plat bentley subdivision phase 3
Allison..... this one is yours. CK
Chris Keathley
Manager 05P Ping & Eng Dsgn
501.373.6594 0
501.615.5823 C
From: MCGETRICK MCGETRICK [mailto:mcgetrick2@sbcglobal.net]
Sent: Tuesday, April 20, 2010 2:49 PM
To: Jim Boyd
Cc: tthompl@entergy.com; blake weindorf; Joni Bates; KEATHLEY, CHRIS (ATTSWBT)
Subject: final plat bentley subdivision phase 3
Please review the final plat for Bentley Ph3. We are only doing 12 lots. Please forward comments or an approval leter,
Pat
Page 1 of 2
YAJ4C)0,1% " MAIL
C.o5�s1C
Fw: final plat bentley subdivision phase 3 Thursday, April 29, 2010 9:52 AM
Froi-6: "Blake.Weindorf@CArkW.com" <Blake.Weindorf@CArkW.com>
To: mcgetrick2@sbcgloba1.net
1 File (183KB)
ant
bentley3 ...
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
---- Forwarded by Blake Weindorf/CAW on 04/29/2010 09:52 AM -----
From: Blake Weindorf/CAW
To: Robert Freeman/CAW@CAW
Date: 04/21/2010 03:57 PM
Subject. Fw: final plat bentley subdivision phase 3
Please review the attached Final Plat for compliance with installation and as -built plans.
Please let me know if it is acceptable.
Thanks,
Blake F. Weindorf, P.E.
Senior Engineer
Central Arkansas Water
501.377.1224
501.210.4980 (fax)
blake.weindorf@carkw.com
----- Forwarded by Blake Weindorf/CAW on 04/21/2010 03:57 PM -----
From: MCGETRICK MCGETRICK <mcgetrick2@sbcglobal.net>
To: Jim Boyd <jim.boyd@lrwu.com>
Cc: tthomp1@entergy.com, blake weindorf <blake.weindorf@carkw.com>, Joni Bates <joni.bates@centerpointenergy.com>, Chris Keithley
<ck0826@att.com>
Date: 04/21/2010 07:40 AM
Subject: final plat bentley subdivision phase 3
Page 1 of 1
"VAI30C)T. MAIL
Classic
RE: final plat Bentley subdivision phase 3
From: "Bates, Joni B." <joni.bates@centerpointenergy.com>
To: "MCGETRICK MCGETRICK" <mcgetrick2@sbcg1oba1.net>
Approved by CenterPoint Energy
From: MCGETRICK MCGETRICK [mailto:mcgetrick2@sbcglobal.net]
Sent: Tuesday, April 20, 2010 2:49 PM
To: Jim Boyd
Cc: tthomp1 @entergy.com; blake weindorf; Bates, Joni B.; Chris Keithley
Subject: final plat bentley subdivision phase 3
Monday, May 3, 2010 10:14 AM
Please review the final plat for Bentley Ph3. We are only doing 12 lots. Please forward comments or an approval leter
Pat
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME -BENTLY COURT PHASE III
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.
4 � Engineering Specialist Date: S S�/ 0
ADDRESSING SPECIALIST'S REPORT
I hay viewed tan nci th street names and street configuration are acceptable.
f i �
7 f' f
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
l have re iewed 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.
Traffic Engineer Date: J<®
��-- S'1 C7JG PHA=-PaTT
CIVIL ENGINEER REPORT
I nave eviewed 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.
LJj3)1'0
Civil Engineer I/II Date: S
SURVEYOR'S REPORT
I have reviewed the plat and find that:
f All requirements for final plat approval have been satisfied.
Surveyor
MANAG APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
Date:��
Design Review Engineer/Civil Engineering Manager
April 26, 2010
Date: Y -,.76 --2,g r <j
G F4 L K �r Igo uJ
V+LSS