HomeMy WebLinkAboutS-1451-A ApplicationCity of Little Rock
Planing and Development
Filing Fees
Date: 10 /24 24
Annexation
1 $
Board of Adjustment
$
Cond. Use Permit/T.U.P.
$
Final Plat
J
$
Planned Unit Dev.
$
Preliminary Plat
$
Special Use Permit
Rezoning
Site Plans
-
Street Name Change
Street Name Signss
Number - - at
ea. $
Public Hearing Signs
Number at
ea. $
Total $
File No.
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Location('I I
Applic
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B
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This Instrument Prepared by:
Gill Elrod Ragon Owen & Sherman, P.A.
425 \Iesyt;ip; bf-Avenue, Suite 3801
o ;
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
03/10/2005 11:04:54 aid
Filed & Recorded in
Official Records of
PAT O'BRIEN
PULA5KI COUNTY
CIRCUIT/COUNTY CLERK
Fees $29.00
5
THAT, this Bill of Assurance is executed on this day of k ✓6 , 20OX by ROGER D.
DOYNE, SR., AS TRUSTEE OF THE ROGER D. DOYNE, SR. REVOCABLE TRUST DATED APRIL 9, 2002
(hereinafter "Trust"), and that the Trust is the sole owner of the real property described on EXHIBIT A, attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, it is deemed advisable that the Property be subdivided into lots as shown on the plat described
below, and that said Property be held, owned, and conveyed subject to the restrictive covenants set forth below,
pursuant to Arkansas Code Annotated section 18-12-103, as amended, in order to enhance the value of the Property.
NOW, THEREFORE, the Trust, for and in consideration of the benefits to accrue to it, its successors, and its
assigns, which benefits it acknowledges to be of value, has caused to be made a plat entitled LOTS 1 & 2, DOYNE
ADDITION, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, showing a survey of the Property
made by Paul M. White, Registered Land Surveyor No. 1281, Arkansas, dated Awe4nhcr- , 2004, showing the
bounds and dimensions of the Property now being subdivided into lots, bearing a Certificate of Approval executed
by the Little Rock Planning Commission, and filed of record, pursuant to Arkansas Code Annotated section 14-41-
201 and following, and other applicable law, in the office of the clerk and ex officio recorder in Pulaski County,
Arkansas, on bAa ab i r. 2 c c, 5 in Plat Book N , and Page 2 'C (the "Plat"), and the
filing of the Plat and this Bill of Assurance of record in said office shall be a valid and complete delivery and
dedication of the streets and easements on the Plat.
The Property shall be forever known as LOTS 1 & 2, DOYNE ADDITION, AN ADDITION TO THE CITY
OF LITTLE ROCK, ARKANSAS, and any and every deed or conveyance of such Property described by the lot
numbers shown on the Plat shall always be deemed a sufficient description thereof. Said Property and any interest
therein shall be held, owned, and/or conveyed subject to and in conformity with the following restrictive covenants,
which restrictive covenants shall remain valid and enforceable for a period extending 30 years from the date hereof,
and shall be extended as set forth below:
Reserved
2. Architectural Control. No building shall be erected, placed, or altered on the Property until the
building plans and specifications, exterior color scheme, 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 Trust.
3. Setback Requirements Building Code Zoning Ordinances. No buildings shall be located on the
Property nearer to the street than the minimum building setback lines shown on the Plat; provided, such setback
requirement may be modified if such modification is approved by the Trust and the Little Rock Planning
Commission or the Little Rock Board of Adjustment, or such other regulatory agency as may succeed to their
functions. All buildings and any other structures on the Property shall be constructed in conformance with any and
all applicable building codes and zoning ordinances of the City of Little Rock, Arkansas.
4. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon the Property, nor
shall any trash or other refuse be thrown, placed or dumped upon a vacant lot, nor shall anything ever be done which
may be or become an annoyance or nuisance to the neighborhood.
5. Easements for Public Utilities. Easements for the installation, maintenance, 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 for a more specific description of width and location thereof. No
trees, shrubbery, incinerators, structures, buildings, fences, pavement, or similar improvements shall be grown, built,
or maintained within the area of such utility easements.
6. Fences. No fences, enclosure, or part of any building of any type or nature whatsoever shall ever be
constructed, erected, placed, or maintained between the street and the building setback line; provided, however, that
it is not the intentions of this paragraph to exclude the use of trees, shrubbery, and/or other plants to landscape the
Property. Moreover, no automobile, truck, trailer, tent, or temporary structure of any nature whatsoever shall ever be
parked, located, or otherwise maintained on such lot; provided that it is not the intention of this paragraph to exclude
the temporary parking of passenger automobiles on any portion of a driveway.
7. Propeqy Lines and Boundaries. Iron pins have been set on all corners of the Property. In the event of
minor discrepancies between the dimensions or distances as shown on the Plat and the actual dimensions or
distances as disclosed by the established iron pins, said iron pins, as set, shall control.
8. Trust's Right to Purchase. The Property, improved or unimproved, shall not be sold unless and until
the owner thereof shall have received a bona fide offer for its purchase, in writing, and such owner shall have given
notice of the offer, in writing, to the Trust. The Trust shall have a prior right to purchase such lot at the same price
and upon the same terms and conditions as are contained in such offer. Notice of such offer shall be given to the
Trust by certified mail at its last known address. Such prior right of purchase shall expire at 5:00 p.m. on the 10th
day following the mailing of the notice of such offer. The right of purchase maybe exercised by the Trust by giving
notice by certified mail to such owner prior to the expiration of such right. Upon the exercise of such right, the Trust
shall have 15 days within which to make payment and accept title to such lot and improvements. If the Trust shall
not exercise or waive, in writing, such right of purchase, and the Seller shall thereafter fail to convey such lot to the
party making such offer at the price and upon the terms and conditions set forth therein, the above restrictive
covenants against the sale thereof without giving notice of an offer therefor shall continue in full force and effect and
the right of purchase shall apply with respect to any subsequent offer. The Trust may, by written instrument, waive
the right of purchase herein. This restrictive covenant shall run with the land and shall be binding upon each owner
of Property until a date 30 years from the date hereof.
9. Extension of Trust's Rightto Purchase. The restrictive covenant set forth in the preceding Paragraph
8 may be extended for a new period, not exceeding 20 years, by a written instrument signed and acknowledged by
the owner or owners of over 50% of the Property, and further extensions may be effected in like manner.
C:\DOCUMENTS AND SETTINGS\BDALE\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKI75\BILL OF ASSURANCE V2.DOC
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10. Right to Enforce. The restrictive covenants on the Property herein set forth shall run with the land
and shall bind all present and future owners of the Property, including any and all successors and assigns of, and all
parties claiming by, through, or under said owners. The owner or owners of Property 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 restrictive covenants set forth herein, in addition to ordinary legal action for damages. Failure of
Trust, or its successors or assigns, or any owner or owners of the Property to enforce any of the restrictive covenants
herein set forth at the time of their violation shall, in no event, be deemed to be a waiver of the right to do so
thereafter.
11. Modification of Restrictive Covenants. Any and all of the restrictive covenants, provisions, or other
restrictions set forth in this Bill of Assurance maybe amended, modified, extended, changed, or canceled, in whole
or in part, by a written instrument signed and acknowledged by the owner or owners of more than 50% in area of the
Property.
12. Extension. All restrictive covenants herein set forth, for which extension is not otherwise provided in
this instrument, shall automatically be extended for successive periods of 10 years each unless modified, terminated,
or canceled as provided herein.
13. Separability. Invalidation of any restrictive covenants set forth herein or any part thereofby an order,
judgment, or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictive covenants, or
any part thereof as set forth herein, and said restrictive covenants shall remain in full force and effect.
Rs,,icv:ad Obis BiU-*f �'Asd req-Xi,e- by n ors ecuted as rth above.
City of Ll•H101.e:, f'-
E:il of ASSUMa0 Frav;siMs C�:z is e ± hO
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deve,aper MY exc el rninimlmj rep.ate-s ciL
Little Rack subdivision and coning crd'.e,cnCs' Roger D. Doyne, Sr., as tr►t ee of the
�? �0 !ps Roger D. Doyne, Sr. Revocable Trust Dated April 9, 2002
Stay !—VJ ailsaslannin, Commission )
ACKNOWLEDGMENT
County of -s Lt )
On this the �111 day of 131 a,rCk , 200,45, before me, a xg,!V� I f . P'u+ he undersigned officer,
personally appeared ROGER D. DOYNE, SR., AS TRUSTEE OF THE ROGER D. DOYNE, SR. REVOCABLE
TRUST DATED APRIL 9, 2002, of the State of Arkansas, known to me (or satisfactorily proven) to be the person
described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and
for the consideration, uses, and purposes therein contained.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 8 day of
C►'� G+.Y 20WY
Notary Public
My Commission Expires: ,� _ 3- / c{
OFFICIAL SEAL
TAMARA M. GUFFEY
NOTARY PUBLIC-ARKANSAS
SALINE COUNTY
C:\DOCUMENTS AND SETTINGS\BDALELOCAL SETTINGMEMPORARY INfERNET FILMOLKIMBILL OF ASSURANCE V2 DOC MY COMMISSION EXPIRES: 02-03-14
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EXHIBIT " A'
ALL THAT PART OF THE SE1 /4 SW1 /4 OF SECTION 17, T-1-N, R-1 1-W,
LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING THE SOUTHWEST CORNER OF SAID SE1 /4 SW1 /4, SECTION 17;
THENCE N01'53'09" E ALONG THE WEST LINE THEREOF, 30.00 FT. TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF FRAZIER PIKE; THENCE
S88'40'49" E ALONG SAID NORTH RIGHT-OF-WAY LINE, 150.00 FT. TO
THE POINT OF BEGINNING; THENCE N01'53'09" E, 150.00 FT.;
THENCE S88'40'49" E, 30.00 FT.; THENCE N01'53'09" E, 150.11 FT.; THENCE
S88'39'07E, 150.03 FT. TO A FOUND 1/2" REBAR; THENCE S01'52'19"W,
300.04 FT. TO A FOUN❑ 1/2" REBAR ON THE SAID NORTH RIGHT-OF-WAY LINE
OF FRAZIER PIKE; THENCE N88'40'49"W ALONG SAID NORTH RIGHT-OF-WAY
LINE, 180.10 FT. TO THE POINT OF BEGINNING, CONTAINING 1.1370 ACRES
MORE OR LESS.
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME:
DOYNE ADDITION LOTS 1 & 2
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 as follows:
Engineering Specialist
ENGINEER REPORT
I have reviewed the file for this matter and find that:
/V 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.
Civil Engineer I/II
SURVEYOR'S REPORT
I have reviewed the plat and find that:
!/ All requirements for final plat approval have been satisfied.
s
Surveyor
MANAGER APPROVAL
All Civil Engineering re u. ements or filing this final plat have been satisfied.
Design Review Engineer/Civil Engineering
Manager
October 2004
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME:
DOYNE ADDITION LOTS 1 & 2
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 as follows:
Engineering Specialist
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.
Civil Engineer I/II
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
Surveyor
MANAGER APPROVAL
All Civil Engineering re uirements or filing this final plat have been satisfied.
Design Review Engineer/Civil Engineering
Manager
October 2004