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HomeMy WebLinkAboutS-1454-B ApplicationBILL OF ASSURANCE WHISPERING HILLS SUBDIVISION PHASE II PULASKI COUNTY, ARKANSAS KNOW ALL PERSONS BY THESE PRESENTS: 2007055331 O7/17/2007 09:52:18 AP Filed $ Recorded in Official Records of PAT O'$RiEN PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $38.00 WHEREAS, P.E. INVESTMENTS, LLC, is the owner of the following described property in Pulaski County, Arkansas, to -wit: Being more particularly described on a plat prepared by ETC Engineers, Inc., dated 7 , and entitled "Final Plat -Whispering Hills Subdivision Phase II". WHEREAS, it is deemed desirable that the above described property be subdivided into lots and streets, as shown on the attached plat, and that said property be held, owned, and conveyed subject to the protective covenants herein contained in order to enhance the value of said property. WHEREAS, P.E. INVESTMENTS, LLC., hereinafter referred to as Grantors, for and in consideration of benefits to accrue to them, which benefits are hereby acknowledged to be of value, has caused said property to be surveyed by Johnny Tweedle of BT Engineers & Surveyors, Inc., and a plat thereof made which is identified by the Title FINAL PLAT - WHISPERING HILLS SUBDIVISION, PHASE Il, Pulaski County, Arkansas, and the date 0 �- - 1 , O 7 and by the signature of said Land surveyor and said Grantors and is of record in the office of the Circuit Clerk and Recorder of Pulaski County, Arkansas in Plat Book __-Z at Page 102 _and the Grantor does hereby make this Bill of Assurance. NOW, THEREFORE, Grantors hereby donate and dedicate to the public forever an easement of way on and over said streets shown by said plat to be used as public streets. In addition to the streets, there are shown on said plat, certain easements which are reserved for the use of public utilities and or for drainage purposes, subject at all times to the proper authorities and to the easement herein reserved. Owners of title lots shall take title subject to the right of public utilities and the public. The filing of the Bill of Assurance and Plat for record in the office of the Circuit Clerk & Recorder of Pulaski County shall be valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The land in said plat shall forever be known as WHISPERING HILLS SUBDIVISION PHASE II, Little Rock, Pulaski County, Arkansas, and any and every deed of conveyance for any lot in said subdivision describing the same by the numbers shown on said plat shall be deemed a sufficient description there of. CIR .• o�� ; : . ; ._. Ufa,' •; '••.,CO� N i Y P .• The lots in said WHISPERING HILLS SUBDIVISION PHASE II, shall be sold by the Grantor and shall be held, owned, and conveyed subject to and in conformity with the declaration, restrictions, and covenants set forth herein, which shall run with the land, and be binding upon the owner after lots plotted herein and their successors and assigns, to -wit: 1. PUBLIC UTILITIES. All dwelling and other structures erected upon any lot as a residential dwelling shall be served by public utilities. In the event utilities are constructed inadvertently outside the platted easement, the easement shall be construed as being five (5) feet on each side of the line as constructed. 2. EASEMENTS. No building, fence 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 shown on the plat; and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility will be liable for destruction of same in maintaining or repairing its lines located within the area of said easement. The adjoining property owners will mow and maintain the right-of-way and/or drainage easements adjacent to his/her property. Upon proper notice, if the property owner does not comply with the notice, the area may be mowed by the City and the property owner will be billed as per the procedure on vacant lots within the City. 3. LAND USE AND BUILDING TYPE. No lot shall be used except for single family residential purposes. Garages and other outbuildings must be clearly incidental to residential use of the property and must be constructed in accordance with the City zoning regulations. Boarding houses, tenements, apartment houses, trailer parks, tourist courts, motels, hotels, eating houses, clubs, restaurants, stores, beauty shops, barber shops, and other commercial services and all other industrial uses are prohibited. No business of any nature or kind shall at any time be conducted in any building located on any of said lots except for Real Estate sales and marketing of lots and homes during the construction phase. Said land shall be restricted to new detached single family residences constructed of highest -class materials and workmanship. No structures shall be erected, altered, placed, or permitted to remain on any building site other than a single detached single-family dwelling. No modular or prefabricated structures will be allowed. All permanent buildings, structures, and materials must be approved by the Grantor, their successors or assigns. A concrete or asphalt driveway shall be extended from the street to the garage entrance. No gravel or chip & seal driveways will be permitted. Recreational vehicles, motor homes, boats, and trailers shall be stored in the garage or behind the residence. Any dwelling must be complete in it's entirety within a period of twelve months from date such construction is commenced. 4. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot corners and points of curve. In the event of 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. 5. MINIMUM PRINCIPAL DWELLING SIZE AND EXTERIOR FINISHING. No principal residential structure (heated and cooled area) shall be constructed or permitted to remain upon any building site unless the main floor area thereof, exclusive of porches, patios, garages and breezeways shall be a minimum of 1,500 square feet. The term "Main Floor" as used in this paragraph shall include living, dining and sleeping areas, which areas may be on different levels. A minimum of 100% of the front shall be brick. In all cases, the exteriors not bricked shall be maintenance free. Mailbox foundation shall not infringe onto street. Grantor's approval for architectural conformity must be obtained prior to commencing construction. 6. 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. For the purpose of this covenant, eves, steps and open porches shall not be considered a part of the dwelling. All structures shall be located in order to adhere to the City of Centerton Zoning Regulations. 7. OWNER AND BUILDER/CONTRACTOR RESPONSIBILITY. Any property owner or builder/contractor shall insure that any contractor performing services for the property owner shall comply with the provisions of this Bill of Assurance, and shall be responsible for the actions of Contractors to the contrary. No person shall damage in any way the utilities or streets in any manner, and any damage so inflicted shall become the responsibility of the person who creates the damage. Owner/Contractor shall be responsible for up keep & clean up of lots before, during, & after construction. 8. NATURAL DRAINAGE. No building, dam, impoundment, or obstruction will be built, constructed or arranged in such a way as to retard the natural drainage flow of rainfall from entering the swales and ditches of the subdivision. 9. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on any comer lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property comer, from the intersections of the street property lines extended, except at the entrance to the subdivision. The same sight lines limitation shall apply on any lot within ten feet from the intersection off the street property line with the edge of a driveway. No tree shall be permitted within such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 10. FENCING. All fences will be ornamental iron, chain link or wooden privacy fences. No fence will come forward of the actual structure or the lot building line, whichever is further back from the street, except that a house erected on a corner lot may have a side fence no closer than 25 feet to the street on the side of a corner lot; such fence to begin at least 15 feet behind the front property line. All other perimeter boundaries may follow the lot line. No fence should be closer than 50 feet from the center of any street. 11. LOT, YARD AND HOME MAINTENANCE. All front yards will have sod from the street to the rear side of the house. Corner lots will also have sod on the side from the street to 30 feet on the side of the corner lot. All property owners, including builders, shall keep all grounds, yards, and adjoining tracts mowed, trimmed and clean, and all houses and fences in neat repair. Each lot owner will be required to keep his lot mowed so that grass and weeds on three -fourths of the lot will not exceed the height of 10 inches. Violation of this provision shall entitle Grantor, its successors, and assigns to mow said lot and charge the cost of same to such offending lot owner. Such expense shall constitute a lien against such lot. 12. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except, that dogs & cats may be kept on any lot, provided, that they are not kept bred or maintained for any commercial purposes & provided that facilities for maintenance of same are installed & that the keeping of the same does not constitute a nuisance. 13. GARBAGE AND REFUSE DISPOSAL. No lot or easement shall be used or maintained as a dumping ground for rubbish. Trash, garbage, and other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and not be permitted at any time at a location, which is visible from the front of the lot. 14. TV SATELLITE DISHES. TV satellite receiving devices shall be located behind the residence or in the dwelling attic space. 15. TEMPORARY STRUCTURES. No structure of a temporary character, motor home, trailer, travel trailer, basement, tent, shack, garage, barn or other out building shall be used on any lot at any time as a residence either temporarily or permanently. 16. OUT BUILDINGS. One building for storage shall be permitted, provided however, that the structure be built & maintained in the rear portion of any lot where it should be permanently anchored & shall not exceed 650 sq. feet in area. Also, out buildings will be architecturally compatible with the dwelling. No metal buildings will be permitted. 17. NUISANCES. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 18. MOTOR VEHICLE PARKING. Abandoned or unused motor vehicles shall not be parked or permitted to remain on any lot or within the dedicated street. Owners or permanent residents are prohibited from parking in the street. Second, third automobiles, motorcycles and motor homes will not be parked on grassed (unused) areas of the front or side yard (lot) but will be parked on widened concrete driveways or extended concrete pads on sides of garages. Motor homes and recreational vehicles shall be parked no closer to the street than the nearest point of the house to the street. Driving and parking in unpaved areas of the yard (lot) are strictly prohibited. In all cases City of Centerton restrictions shall apply. 19. SIGNS. No billboard, poster, sign, or object of unsightly nature shall be placed or permitted to remain on any part of said land, except one sign only per lot not exceeding five square feet in area may be displayed advertising the property for sale or signs used by a builder to advertise the property during the construction and sales period. 20. DURATION OF COVENANTS. These covenants and restrictions are to run with the land and shall be binding upon all parties and all persons claiming under them until December 31, 2031, at which time said covenants and restrictions shall automatically be extended for successive periods of (10) ten years from each termination, unless 70% of the then owners of the lots agree in writing to amend said covenants and restrictions, either in whole or in part. 21. TO CHANGE THE COVENANTS. These covenants and restrictions shall not be amended, canceled, or supplemented unless an instrument signed by the owners of at least 70% of the then owners of the lots is placed on record agreeing to change the covenants and restrictions in whole or in part. 22. COVENANT VIOLATIONS. In the event of any attempt to violate any of the covenants or restrictions herein contained before the expiration date hereof, it shall be lawful for any person or persons owning a lot or lots in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restrictions and either to prevent him or them from so doing or to recover damage in any court of law for such violation. 23. FINAL PLAT. The Bill of Assurance shall be appended to the final plat. Any dedication or restriction shown on either document shall be considered to appear on both, but should any discrepancy appear, the final plat shall govern. f 24. INVALIDATION OF COVENANTS OR RESTRICTIONS. The invalidation of any one of these covenants or restrictions by judgment of a court of competent jurisdiction shall in no way effect any of the other provisions, which shall remain in full force and effect. 25. FINISH FLOOR ELEVATIONS. All Finish Floor Elevations shall be built a minimum of one foot above the 100 year flood elevation. Attention is called to the FIRM Community Panel listed on the Final Plat. Furthermore, the finished floor of all dwellings shall be constructed a minimum of one (1) foot above the top of curb along the front lot line, where appropriate. Lots shall be graded to provide adequate positive drainage away from dwellings. 26. EROSION CONTROL. Erosion control measures shall be implemented until construction is complete. The individual lot owner shall be responsible for maintaining the silt fencing and related run-off control measures as installed during initial subdivision construction. On each lot, a 25 foot section of the silt fence will be removed for the construction of the dwelling and its appurtenances. Upon removal of this 25 foot section of silt fence, the lot owner will place a 25 foot wide by 30 foot long temporary gravel drive (4" in depth), beginning at the back of curb, and extending onto the lot. It shall be the lot owner's responsibility for the removal of the 25 foot section of silt fence and construction of the temporary gravel drive, as well as the maintenance of said items. The remaining silt fence and temporary gravel drive shall be removed by the lot owner for the final grading on the lot, and construction of the permanent driveway. Solid sod shall be installed immediately upon removal of erosion control measures to lessen run- off. It is the intent of the developer(s) to assure the property owners that Whispering Hills Subdivision shall be one of the finest and well kept subdivisions in the Pulaski County area. Therefore, these restrictions shall be strictly adhered to. IN WITNESS WHEREOF, the said Grantor(s) has caused these presents to be executed this ii; day of :i : �i' 2007. GRANTOR Date RoMwad only for inclusion of minimum standards required by the City of Little Flock subdivision regulatfom. Bill of Assurance Provisions estabfished by the developer may exceed minimum regulations of the the Rock subdivision and zoning ordinances. N. 00of Little Rock Planning Commission ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF PULASKI On this 3 day of V k, -i _ _ 2 v o 7 , before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named to me personally well known to be Grantor, and further stated and acknowledged that they 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 this 13 day of �-�y , 2007. My Commission expires: a I "I Uq Notary. blic CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME WHISPERING HILLS 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. � l Engineering Specialist Date: ADDRESSING SPECIALIST'S REPORT I h a rev' w t d t a street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: V 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 I& s"vutr FW teT CIVIL ENGINEER REPORT Date: 7 1I2 lo% 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: Date: i / 1 1 ]o -7 All requiremen l plat r val have been satisfied. Surveyor Date: g Q MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been �satisfied.. ea �' Date: -71 f JO-7 Design Review Engineer/Civil Engineering Manager February 2007 City of Little Rock Planning and Development Filing Fees Date:_ L_f It . 20 QrA Annexation $ Board of Adjustment $ Cond. Use Perrn;.L7.U.P. Final Pla' Planned Unit Dev. $ Preliminary Plat Special Use Permit Rezoning Site Plans. Street Nanne Change � ' 2007 Street Name Signs Number at za. IN Crryr ' �1 Public Hearing Signs Number -at --ea. $ Total File No. Location �,ULL. • 1 �' t Applicant By