HomeMy WebLinkAboutS-1435-F ApplicationCity of Little Rock
Planning and Development
Filing Fees
Date , ? , 20
Annexation
$
Board of Adjustment
$
Cond Use Permit/T U P
$
Final Plat
$ e�,
Planned Unit Dev
$
Preliminaiy Plat
$
Special Use Permit
$
Rezoning
$
Site Plans
$
Sti eet Name Change
$
Street Name Signs
Number at ea
$
Public Hearing Signs
Number at ea
$
Total
File No
2014072887 Received: 12/11/2014 9:35:29 AM
Recorded: 12/11/2014 09:39:55 AM Filed 8.
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $45.00
PHASE IV 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 IV Bentley Court Subdivision,
Little Rock, Arkansas.)
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 IV Bentley Court Subdivision, Little Rock, Arkansas 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# Q01 Ir A 0q,� � 6
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 IV 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 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 IV Bentley Court Subdivision until the building plans, specifications, and plot plan showing
the locating 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 IV Bentley
Court Subdivision from maintaining any legal action relating to improvements within Phase IV
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 W 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. NDNMUM PRINCIPAL DWELLING SIZE. No principal residential structure shall be
constructed or permitted to remain on any lot platted hereby as Phase IV Bentley Court Subdivision
unless the total square frontage determine by outside measurements of the actual heated and cooled
floor area, exclusive of porches, patios, carports, garages and breezeways shall be at least 1,500
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 streets 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.
0a
6. ROOFS. No flat roofs shall be allowed. All principal residential structures shall have or
contain a minimum 4/12 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 either (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 point 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 UTILITIES. All dwellings and other structures erected upon any lot as a
residential dwelling shall be served by all public utilities, including public sewer.
3
13. EASEMENTS. No buRding, 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. LNESTOCK 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.
16. 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 comers 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, ab-,mdoned, 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 para-rapfi 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 IV 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. ENFORCEMENT. 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 IV 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. AMMNDENT. 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, 2016 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. SEVERABEUTY. 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 ofggj2�14.
GRANTOR:
Bentle C rt
By:
Pat Malmstrom, Manager
Reviewed c,* for ire Kaim of minimum stant-ds
requited by the City of Little Rock Subdivinien repliiI
841 al Rssurar►m provi ms estate ;,mod by th^
devetapar MY exceed rninlmvar regulatoro of th:l
Li Ro& wbdsvision and icrung ordirtences.
L9ttle Rode PfatrnQOommisslop
STATE OF ARKANSAS )
COUNTY OF
ACKNOWLEDGEMENT
BE IT 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
purposes therein.
WITNESS my hand and seal as such Notary Public on 4k day of tic
My commission expires:
*eiwIIIIi I IiIIlilt,.M �i��.,
4�t N F�
23b6ya3
' NAOTA/?P IC
y • 2
•p6.o lms
fl i : 2C6
CO�NTY N FIN ����•
Q
Notary Public
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME—Bently Court Phase IV
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.
J4�� Engineering Specialist Date:_ `)
ADDR ASING SPECIALIST'S REPORT
I have reviewed the plat and find that 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 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: p ha /.3
VIVIL 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.
V'�✓`' Civil Engineer I/II Date: '2.
SURVEYOR'S REPORT
I have reviewed the plat and find that:
Allrequirements. for final plat approval have been satisfied.
Surveyor
MANAGER APPROVAL
All Civil tJ inEngine'eer�,i.,ng requirements for filing this final plat have been satisfied.)�� Date:`�;'k3j13
Design Review Engineer/Civil Engineering Manager
August 20, 2013
Date: C2 — 26:�/