HomeMy WebLinkAboutS-1439-A Application200 072266
08/25/2885 10:50:45 AM
Filed 8 Recorded in
Official Records of
PAf O'ERIEN
PULASKI COUNTY
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CIRCUI'UCOUNTY CLERK
Fees $50.00
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BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
14 -y3C)
THAT WHEREAS, Gateway Investments, Inc., an Arkansas corporation, hereinafter
referred to as the "Grantor", is the owner of the following described property in Pulaski County,
Arkansas, to -wit:
A parcel of land lying in the NW1/4 NE1A, Section 24, Township 2 North, Range
14 West, Little Rock, Pulaski County, Arkansas, more particularly described on
Exhibit "A" attached hereto and made a part hereof
AND WHEREAS, it is desirable that the above described property be platted into lots
and streets.
NOW, THEREFORE, WITNESSETH:
That the said Grantor, by its duly authorized officers, for and in consideration of the
benefits to accrue to it and its successors and assigns, which benefits it acknowledges to be of
value, has caused the real property hereinabove described to be surveyed and a plat (hereinafter
referred to as the "Plat") made thereof by Paul M. White, a Professional Land Surveyor, License
Number 1281, and Timothy E. Daters, a Professional Engineer, License Number 5033, said Plat
being dated _ Z00 5 and bearing the signature of the said Surveyor
and Engineer and being of record in the ffice of the Circuit Clerk and Ex-Officio Recorder of
Pulaski County, Arkansas, in Book Page � *-? D , and the Grantor does hereby
make this Bill of Assurance.
The Grantor hereby certifies that it has laid off, platted and subdivided, and does hereby
lay off, plat and subdivide the lands herein described in accordance with the Plat. The lands
embraced in the Plat shall be forever known as:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, THE WILLOWS, an Addition to the City
of Little Rock, Pulaski County, Arkansas,
and by the street names shown on said Plat.
Hereafter, conveyance and description of any of said lands by Lot number, as shown on
said Plat, shall be a proper and sufficient description thereof.
The Grantor hereby donates and dedicates to the public forever an easement of way for
streets as shown on the Plat and the persons, firms or corporations engaged in supplying public
utility services shall have the right to use and occupy said easements of way and streets for the
installation, maintenance, repair, and replacement of such utility services.
There are strips of ground shown and dimensioned on the Plat marked Drainage, Utility
and/or Storm Water Detention Facility Easement, which Grantor hereby donates and reserves for
the use of and by public utilities and for drainage purposes, subject at all times to the proper
authorities and to the easements and restrictive covenants herein set forth.
All owners of the lots platted hereby shall take their titles subject to the rights of public
utilities, the rights of the public in the street right-of-way, and subject to the Drainage, Utility
and/or Storm Water Detention Facility Easement, and No Vehicular Access easements all as
shown and depicted on the Plat.
The filing of this Declaration of Restrictive Covenants and Bill of Assurance and the Plat
for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a
valid and complete delivery and dedication of the street rights -of -way and the easements shown
on the Plat. The streets shown on the Plat shall be known by the name shown on the Plat and the
same shall be of the length and width shown thereon, however, the Grantor hereby reserves unto
itself the right to any surplus dirt in said street for Grantor's own use and benefit.
The lots in said Addition (hereinafter referred to as "Lot or Lots") shall be sold and
purchased by the buyers thereof subject to the covenants, restrictions, reservations, easements
and provisions set forth above and as follows, each of which and all of which shall be covenants
running with the lands above described, and shall be binding upon all owners and their respective
heirs, successors and assign, in order to maintain the lands above described as desirable, uniform
and suitable as residential property, to -wit:
1. No Lot shall be re -subdivided or re -platted.
2. The real property herein platted shall be held, owned, and used for residential purposes
only, except as otherwise shown on the Plat. No building shall be constructed, erected, placed,
altered, re -erected or permitted to remain on or upon any Lot other than a single detached single
family residence which shall not exceed two and one half (2 1/2) stories in height when seen
from the front or principal street facades, a private fully enclosed garage for the storage of motor
vehicles owned or used by the residents (storage of commercial motor vehicles being expressly
prohibited), such garage to be of such sufficient size to adequately accommodate no less than
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CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: THE WILLOWS LOTS 1-11
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 main completed and a punch list has been prepared and sent.
Engineering Specialist
ADII SSING SPECIAL ST'S REPORT
I have revi ed the plat and find that the street names and street configuration are acceptable.
Addressing Specialist
TRAFFIC ENGINEER REP
I have reviewed the plat and find that: ��9�
All streetlight installation, strip , s'ignage anVther 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 improveindnts remain uncompleted and a punch list has been prepared and sent.
,G�1
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.. ther quirements or final plat approval have been satisfied.
S Civil Engineer I/II Date:
v
SURVEYOWS REPORT
I have reviewed the plat and find that:
All requirem r final plat approval have been satisfied.
Surveyor Date:
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
—2A-61 ��� — Date: ��2ac,5
July 2005
two (2) nor more than four (4) motor vehicles no portion of which may thereafter be converted
into living space or for any other purpose, and such other outbuildings only as are incidental and
related to the residential use of the lot.
3. No building shall be located, constructed, erected, placed, altered, re -erected, or
permitted on any Lot nearer the front Lot line, rear Lot line, or side street Lot line than the
building lines noted on the plat. No building shall be located, constructed, erected, placed,
altered, re -erected, or permitted on any Lot nearer to an interior Lot line than ten (10) percent of
the width of the lot at the front building line not to exceed five (5) feet. For the purpose of this
paragraph, eaves, steps, balconies, open porches, open terraces, and patios shall not be
considered as part of the building. In addition, exterior fire place chimneys, bay windows, or
other minor architectural elements may intrude into the five (5) foot side set back if permissible
under local ordinance and if the intrusion is no more than thirty (30) inches.
4. No dwelling shall be located, constructed, erected, placed, altered, re -erected or permitted
on any Lot unless the finished heated and cooled living area measured from exterior walls,
exclusive of garages, porches, patios, breezeways, exterior stairways, porte cocheres and
outbuildings, shall equal or exceed 2,000 square feet for a one story building or 2,400 square feet
for a split level or multilevel building.
5. The single family residence on each Lot must be built on the Lot and not prefabricated,
manufactured or moved onto the Lot. No temporary structure, trailer, basement, tent, shack,
garage, barn, or outbuilding on a Lot shall be used at any time for human habitation.
6. The Grantor is desirous of providing and maintaining harmony of external design and
location in relation to the surrounding structures and topography and, for this purpose, herein
creates an Architectural Control committee which shall have the duties, obligations and
responsibilities as hereinafter set forth.
a. The Architectural Control Committee (hereinafter referred to as the "Committee")
shall initially consist of two (2) members and may consist of up to three (3) members
each of whom shall be designated by the Grantor. Subsequent to the initial appointments,
the Grantor shall appoint all replacement members of the Committee; provided, however,
after all of the Lots have been sold by the Grantor the members of the Committee shall be
appointed by the Board of Directors of the Property Owners Association to be formed in
accordance with this Bill of Assurance (hereinafter referred to as the "Association").
Neither the Grantor nor the Association nor the Committee shall be liable for damages to
any person submitting request for approval or to any Owner of any Lot by reason of any
action, failure to act, approval, disapproval, or failure to approve or disapprove, with
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regard to any request hereunder. All decisions of the Committee shall be by a majority
vote of the members
b. No building or other improvements shall be constructed, erected, placed, altered,
re -erected, or permitted to remain on any Lot until the building plans, specifications,
exterior color schemes, general plan of landscaping and plot plan showing the location
and facing of such building with respect to existing topography, adjoining streets, and
finished ground elevations have been approved in writing by the Committee. Prior to
commencement of any construction upon any Lot or part of any Lot, the Owner of the
Lot shall submit to the Committee the following documentation with respect to any
proposed construction:
(i) Plot Plan
(ii) Floor Plan of the proposed structure
(iii) Front, rear, right, and left elevations of the proposed structure
(iv) General Plan of Landscaping
(v) Specifications reflecting the choice of exterior building materials and color
scheme of the proposed structure
(vi) Such other documentation as the Committee may request.
(vii) For the purposes hereof the term "proposed construction" shall include, but
shall not be limited to, new construction of a residence, or other structure,
remodeling, adding to or modifying an existing residence or other structure,
installation of a fence or wall, construction or remodeling of outbuildings and/or
detached garages or other accessory structures, construction or installation of
storm cellars, swimming pools, tennis courts, installation of an antenna whether
on a structure or on a Lot, construction of ponds or lakes, installation of any sign,
and construction of driveways. The Committee shall use its best judgment to see
that all improvements, construction, landscaping, and alterations on the Lots
conform to and harmonize with existing surroundings and structures, and are
otherwise in conformity with the intent of this Bill of Assurance. All
documentation delivered to the Committee shall become the property of the
Committee. The Committee shall have 30 days from receipt of the
documentation, which receipt shall be in writing by a member of the Committee,
to approve or disapprove the design, plans, and specifications for any proposed
construction. In the event the Committee neither approves nor disapproves any
proposed construction within 30 days of receipt of the hereinbefore described
documentation, the proposed construction shall be deemed to be approved by the
Committee. Construction of any proposed construction approved by the
Committee or deemed approved by the Committee shall be commenced within
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ninety (90) days of such approval and shall be completed no later than 180 days
after commencement.
C. No building or other improvement shall be constructed, erected, placed, altered,
re -erected or 'permitted to remain on any Lot except if the same is constructed in
conformity with the provisions hereof.
7. No trees, incinerators, structures, buildings, pavement, or similar improvements shall be
grown, built, or maintained within the area of such utility easements. In the event any such trees
incinerators, structures, buildings, fences, pavement, or similar improvements shall be grown,
built, or maintained within the area of such easement, no utility will 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.
8. The owner of any Lot shall install and maintain in conformity with applicable code
requirements and other regulations underground utility services, including electrical, natural gas,
water, cable and telephone service between the point of delivery of such utility service as located
by the utility company and the point of use of such owner. The owner of any Lot shall dig and
backfill in conformity with applicable code requirements and other regulations a ditch for utility
services.
9. No noxious or offensive activity or commercial business activity shall be carried on upon
any Lot, nor shall anything be done thereon which may b e or may become an annoyance or
nuisance to the owners of Lots. No trucks, commercial vehicles, or inoperative vehicles may be
stored or parked on a Lot other than for making routine deliveries. Owner further agrees to keep
Lots free from trash, debris, and overgrown vegetation.
10. No sign of any kind shall be displayed to the public view on any lot, except one sign of
not more than five (5) square feet advertising the property for sale or rent, or signs used by a
builder or developer to advertise the property during the construction and sales period and in no
event shall any such signage be affixed, permanently or temporarily, to any trees.
11. No animals, livestock, or poultry of any kind shall be raised or kept on any lot, except
that dogs, cats or other household pets may be kept, provided that they are not kept or maintained
for any commercial purpose.
12. No fence, wall, hedge, or mass planting shall be permitted to extend beyond the
minimum front building set back line established herein or from the side yard building set back
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line for corner lots except upon the written approval of the Committee. Further, all fences shall
be made of wood.
13. All driveways will be constructed of concrete surface material at grades lowered or raised
to meet street grades with culverts installed and maintained unobstructed. Provided further, no
driveways may be constructed on any Lots except from the Willows Cove shown on the Plat.
14. No motor homes, camper trailers, travel trailers, utility trailers, or boat trailers shall be
install on or permitted to be parked, stored or remain upon any lot, unless same is parked or
stored and remains in a fully enclosed stall of a garage. No motor homes, camper trailers, travel
trailers, utility trailers, or boat trailers shall be permitted to be parked, stored or remain upon any
street in The Willows. No manufactured home or mobile home shall be brought upon, installed
on or permitted to be parked, stored, erected, placed, situated, built or remain upon any lot.
15. All buildings, structures, and improvements constructed, erected and re -erected on any
Lot and all yards and landscaping thereon shall be maintained in a good state of repair, neat and
attractive manner by the owner thereof. The owner's maintenance obligations shall include, but
not be limited to, prompt removal of all litter, trash, refuse and waste, lawn mowing, tree and
shrub pruning, watering, keeping exterior lighting and mechanical facilities in working order,
keeping lawn and landscaped areas alive and free of weeds and attractive, keeping parking areas
and driveways in good repair, complying with all applicable governmental rules and regulations,
repainting, and repairing exterior damages. No building or other structure shall be constructed,
erected, placed, altered, re -erected or permitted to remain on or upon any Lot unless, prior to the
improved Lot being offered for sale or issuance of a certificate of occupancy of the City of Little
Rock, top soil shall be installed, leveled and sodded with live grass sod in all yard areas of the
Lot and shrubs shall be planted in planting areas immediately adjacent to the building and
structure situated thereon on the front and sides thereof. All vacant lots shall be maintained
reasonably free and clear of debris, trash, and weeds.
Upon the failure of the owner to maintain or landscape the grounds in accordance with
the provisions hereof, the Committee or the Association may, upon 30 days written notice to the
owner, cause the grass, weeds and vegetation to be cut, when, and as often as, in its judgment is
necessary, or cause appropriate landscaping to be installed. Upon the failure of the owner to
maintain the exterior of any structure in good repair and appearance, the Committee or the
Association, may, upon 6 months written notice to the property owner, make repairs and improve
the appearance of the structure in a reasonable and workmanlike manner. For purposes of
performing such maintenance as may be required hereunder, the agents or employees of the
Committee and/or the Association shall have the right, after reasonable notice to the owner, to
enter upon any Lot at reasonable hours on any business day. Notwithstanding any contrary
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provision hereof, the Committee or the Association may enforce the requirements of this
subparagraph by litigation at law, or in equity, and the costs of such litigation including any
attorney's fees, shall be paid by such owner, and if more than one, such owners shall be jointly
and severally liable. The cost of any maintenance required under Paragraph 15 shall be assessed
to the owner thereof, shall constitute a lien upon the Lot, and may be collected in accordance
with the provisions of Paragraph 17 hereof.
16. Iron pins have been set on all lot corners and points of curve, and all lot dimensions
shown on curves are chord distances, and all curve data as shown on the attached Plat are
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 pins as set shall control.
17. At any time after the filing of this Bill of Assurance, the Grantor, or the owners of nine
(9) of the Lots, may form a nonprofit corporation known as The Willows Property Owner's
Association, Inc. Each owner of any Lot by acceptance of a deed therefore, whether or not it
shall be so expressed in such deed, shall be deemed to covenant and agree to fully abide by and
comply with the Articles of Incorporation and Bylaws of the Association, as amended from time
to time. The activities of the Association with respect to the hereinbefore described lands shall,
in addition to the Articles of Incorporation and Bylaws, be subject to the following directions,
limitations, and conditions.
(a) Once formed, every owner of a Lot shall be a member of the Association.
Membership shall be appurtenant to and not be separated from ownership of any Lot.
The owners of each Lot shall be entitled to one vote for each Lot owned. When one than
one person holds an interest in any Lot, all such persons shall individually be Members
but shall collectively have one vote only with respect to each Lot owned by such persons.
The Grantor shall be entitled to one vote for each Lot owned by Grantor.
(b) The Association as so formed shall have the authority to levy assessments against
the Lots as may be reasonably necessary for the maintenance and improvement of the
fence around the perimeter of The Willows and the entrance along Taylor Loop Road,
including plants, flowers and scrubs, and for such other common expenses as the
Association shall from time to time determine, which assessments may be declared a lien
by the board of directors of the Association upon any Lot for which such assessments are
not paid when due. Such lien shall include the Association's attorneys' fees and may be
enforced in equity as in the case of any lien foreclosure authorized in the State of
Arkansas. There shall be added to the amount of any delinquent assessment for any Lot,
a late fee of ten percent (10%) of the amount delinquent for each month which the
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assessment remains unpaid. Each assessment, together with interest, costs, and
reasonable attorney's fees, shall also be the personal obligation of the person or persons
who was the owner or owners of such Lot at the time when the assessment became due.
The lien of the assessments provided for herein shall be subordinate to the lien of any
first mortgage. The sale or transfer of any Lot shall not affect the assessment lien,
provided, however, that the sale or transfer of any Lot pursuant to any mortgage
foreclosure or proceeding in lieu thereof shall extinguish the lien of such assessments as
to payments which became due prior to such sale or transfer
(c) Assessments shall not be levied against Lots owned by the Grantor.
18. The restrictions, covenants, and provisions herein set forth shall run with the Lots and
shall bind the present owner, their heirs, successors and assigns and any person, natural or
artificial, hereinafter owning any of the Lots. Grantor and/or any owner of any of the Lots 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 any ordinary
legal action for damages. The failure of Grantor or any owner of any of the Lots to enforce any
of the restrictions, covenants and provisions herein set forth at the time of its violation, shall, in
not event, be deemed to be a waiver of the right to do so thereafter.
19. This Bill of Assurance may be amended or supplemented at any time by an instrument
agreeing to change the covenants, restrictions and provisions which is signed by the owners of at
least seven (7) of the Lots and placed of record at the Office of the Pulaski County Circuit Clerk
and Recorder, provided, however, any such amendment must be approved and consented to in
writing by Grantor as long as the Grantor is the owner of any Lot.
20. These restrictions, covenants and provisions shall run with the land and shall be binding
on all present and future owners and all persons claiming under them for a period of thirty (30)
years from the date this Bill of Assurance is recorded in the Office of the Pulaski County Circuit
Clerk and Recorder, after which time they shall be automatically extended for successive periods
of ten (10) years, unless an instrument signed by the owners of nine (9) of the Lots has been
recorded, agreeing to terminate said restrictions, covenants and provisions.
21. The invalidation of any one of these restrictions, covenants, or provisions by judgment or
court order shall in no wise affect any of the other restrictions, covenants, or provisions, which
shall remain in full force and effect.
Executed this / r%t& day of August, 2005_
Reviewed only for inclusion of minimum standards
required by the City of Little Rock subdivision regulations.
Bili of Assurance provisions established by tho
developer may exceed minimum regulations of tho
,jjthe Rock subdivision and zoning rrordinances-
P/,
C if Little Rock Planning commission
State of Arkansas
County of Pulaski
Gateway Investments, Inc.
By
Rod Cameron, President
ACKNOWLEDGMENT
On this 06 day of August, 2005, before me, the undersigned, a Notary Public duly
commissioned, qualified and acting, within and for said County and State, appeared in person the
within named Rod Cameron, to me personally well known, who stated that he was the President
of Gateway Investments, Inc., a corporation, and was fully authorized in his capacity to execute
the foregoing instrument for and in the name and behalf of said corporation, and further stated
and acknowledged that he had so signed, executed and delivered said foregoing instrument for
the consideration, uses and purposes therein mentioned and set forth.
In testimony whereof, Ih avi,unto set my hand and official seal on this day
of August, 2005. HQ
My Commission Expires:
Z: NOTARY
-2 a c� _ PUBLIC = _
MORT41ACWICATION AND CONSENT
That Bank of the Ozarks, for and in consideration of the benefits to accrue to it from the
terms and provisions hereof, which it acknowledges to be of mutual benefit, does, solely for the
purposes hereinafter stated, hereby join in and consent to the dedication of the street rights -of -
way and of the easements herein above set forth and does hereby consent to and approve of the
platting and subdivision of the property herein described and the terms and provisions herein
above set forth
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Executed this f day of August, 2005
Bank of the Ozarks
51
ACKNOWLEDGMENT
State OF Arkansas
County of Pulaski
On this 17th day of August, 2005, before me the undersigned Notary Public, duly
commissioned, qualified and acting, within and for said County and State, appeared in person the
within named cee Hahrm XMIM
to me personally well known, who stated that ey- the President of the mortgage Division
Xoarxi�,� of Bank of the Ozarks, a corporation, and fully
authorized in to execute the foregoing instrument found in the name
and behalf of said corporation, and further stated and acknowledged that 4-had so signed,
executed and delivered said foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
In testimony whereof, I have hereunto set my hand and official seal on this 17th day
of August, 2005.
t My Commission %jismW
O'7/11/c71 (33'.
o..p Mi e L. Meeler, Public
PU
4"i� .86" ;;aYit�
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2005072266
EXHIBIT A
PART OF THE W1/2 NW1/4 NE1/4 OF SECTION 24, T-2-N, R-14-W,
PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A IRON PIN ON THE EAST RIGHT-OF-WAY LINE OF TAYLOR LOOP
ROAD BEING 10.00 FT. SOUTH AND 34.10 FT. EAST OF THE NORTHWEST CORNER
OF THE N1/2 SW1/4 NW1/4 NE1/4, SAID SECTION 24;
- THENCE S89'31'54" E; - 175.94 FT: TO- A -FOUND-- IRON PIN;- THENCE
S88'39'18"E, 210.09 FT.; THENCE S01'33'467W, 115.52 FT. TO
A FOUND 1-1/2" PIPE; THENCE S01'01'11"W, 104.55 FT. TO A
FOUND 1/2" PIPE; THENCE S02' 1 1' 1 6" W, 99.95 FT. TO A FOUND
COTTON -SPINDLE; THENCE N88'40'51"W, 209.88 FT.; THENCE
N89'25'11"W, 173.98 FT. TO A POINT ON THE SAID EAST RIGHT-
OF-WAY LINE OF TAYLOR LOOP ROAD; THENCE N01'32'34"E ALONG
SAID EAST RIGHT-OF-WAY ,LINE, 210.00 FT. TO A FOUND 1" PIPE;
THENCE N00'31'32" E CONTINUING ALONG SAID EAST RIGHT-OF-WAY
LINE, 109.75 FT. TO THE POINT OF BEGINNING, CONTAINING
2.8256 ACRES MORE OR LESS.
City of Little Rock
Planning and Development
Filing Fees
Date: � [):zp 0
Annexation
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
N umber / at '157-� 9 ea.
Public Hearing Signs
Number�a# ea.
Total
File No.
Location
Appli t l
By
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