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Home My WebLink AboutS-1465-B Application2009039879 Received: 6/12/2009 2:14:10 PM Recorded: 06/12/2009 02:20:19 PM Filed & Recorded in Official Records of PAT O'BRIEN, PULASKI COUNTY CIRCUIT/COUNTY CLERK PLAT AND BILL OF ASSURAN(fEes $35.00 FOR LAGNIAPPE' ADDITION AN ADDITION TO THE CITY OF LITTLE ROCK ARKANSAS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, WILLIAM F. RECTOR, Jr. TRUST, hereinafter called Developer, is the owner of the following described real property located in Pulaski County, Arkansas, to wit: Lot 4 and Tract A Lagniappe' Addition to the City of Little Rock, Pulaski County, Arkansas. WHEREAS, WILLIAM F. RECTOR, Jr. TESTAMENTARY TRUST, hereinafter called Developer, is the owner of the following described real property located in Pulaski County, Arkansas, to wit: Lot 3 Lagniappe' Addition to the City of Little Rock, Pulaski County, Arkansas. WHEREAS, it is deemed desirable that, all of the above described property be replatted into building lots as shown on the Plat filed in conjunction with this Plat and Bill of Assurance; and WHEREAS it is also deemed desirable that all of the above described property be replatted, held, owned and conveyed subject to the easements, reservations and restrictions shown on the Plat which is filed in conjunction herewith, and subject also to the protective covenants contained in the Bill of Assurance and in Little Rock City Ordinance numbers 19,241 and 19,242 in the order to enhance the value of such property. NOW, THEREFORE, Developer has caused the Property to be surveyed by Laha Engineers Inc., Professional Surveyors, and a Plat thereof made which is identified as Replat of Lots 3, 4 and Tract A Lagniappe' Addition, an addition to the City of Little Rock, Arkansas and said Plat bears the signature of the said professional surveyor and the said Developer, and bears a Certificate of Approval executed by the Little Rock Planning Commission and is of record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, as instrument a oo g o 3 g B 8 o make this Bill of Assurance applicable to such Property. and Developer does hereby MM C. i 7, (y- ti�.� �� ♦ Developer does hereby certify that it has laid off, platted and subdivided, and does here by lay off, plat and subdivide said real estate as Lagniappe' Addition to the City of Little Rock, Pulaski County, Arkansas, and each and every deed of conveyance for any lot in said Addition describing the same by the number or letters as shown on said Plat shall always by deemed as sufficient description thereof. Also shown on said Plat are certain easements, including easements for drainage and utilities. Developer hereby donates and dedicates such utility to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, sewer and cable, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utility services to use and occupy such easements and to have full ingress and egress therefrom for the installation, maintenance, repair, and replacement of such utility service. The filing of the Plat and Bill of Assurance for record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, shall be valid and complete delivery and dedication of the easements shown of said Plat. Said land herein platted and any interest therein shall be held, owned and conveyed in conformity with the following covenants and restrictions, subject to being amended or canceled as hereinafter provided, and shall be in and remain in full force and effect until January 1, 2055. 1. SUBDMISION OF LOTS OR TRACTS. No lot or tract shall be subdivided. 2. LAND USE AND BUILDING TYPE. Said land herein platted as lots shall be held, owned and used only for residential building sites. No structure shall be erected, altered, placed or permitted to remain on such residential building sites other than a detached single family dwelling, a private garage for the storage of passenger cars owned or used by residents, guest homes, servant's quarters and other out buildings clearly incidental and related to residential use of the premises. Any private garage on the site shall be enclosed and shall be for a minimum of two cars. No such building site shall be used for commercial purposes. 3. MINIMUM PRINCIPAL DWELLING SIZE. No principal residential structure shall be constructed or permitted to remain on any of lots platted hereby unless the heated area thereof, exclusive for porches, patios, garages, and breeze ways, shall be at least 3,000 square feet for single story residences and 3,300 square feet for two-story or split-level residences. A minimum roof pitch of 10 12 is required on all principal residential structures. 4. ARCHITECTURAL CONTROL. All residTpees shall be of a construction and style consistent with that outlined in the PD-R as approved by Little Rock City Ordinance f Nos. 19,241 and 19,242. Developer shall maintain architectural control over Lots 3R and 4R until they are developed and the residences are occupied. At such time, architectural control by the Developer will terminate, but restrictions in the PD-R shall remain. 5. BUILDING LOCATION. No building, fence, or wall shall be constructed on any lot nearer to the street than the building line setback lines shown on said Plat. No residential structure shall be located nearer to an interior lot line then ten percent (10%) of the average width of the single-family lot, provided that such side yard need not exceed five feet in width. No residential structure shall be constructed nearer to the rear lot line than allowed by the City of Little Rock. 6. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot corners and points of curve, and all curve date shown on the Plat referenced herein is centerline curve data. In the event of minor discrepancies between the dimensions or distances shown on the Plat and the actual dimensions. or distances as disclosed by the established pins, the original pins as set shall control. 7. 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. 8. ACCESS, DRAINAGE, AND UTILITY EASEMENTS. On the Plat filed in - I conjunction herewith, there are designated access, drainage, and utility easements. These easements may be used as drainage and utility easerants as provided herein. Otherwise these easements shall only be used as private driveways to the lots adjacent to the easements. Developer will have no obligation regarding the private driveways, including, but not limit to, its repair, maintenance, or replacement. The owners of developed Lots 3R, and 4R shall be obligated to repair, maintain, or replace the shared drive in an equal manner and it shall be the obligation of the owners of the aforementioned Lots to maintain the drive in a satisfactory and safe condition. No fence, structure, or obstruction of any kind shall be erected on the driveway easement and nothing shall be done on this easement which shall interfere with the use of the easements as a private driveway. These easements do not create public roads or streets purposes set out above. 9. ENFORCEMENT. In the event of any or restrictions contained herein before the expiration any appropriate governmental authority, or any persc The Lagniappe' Addition to initiate compliance proc Bill of Assurance of the PD-R as approved by Little 19,424or to pursue any other lawful remedy. 10. AMENDMENT. This Bill of Assurance vote of two thirds of the owners of Lots 3R and 4R in amendment shall be effective unless and until the Circuit Clerk and Recorder for Pulaski County, 11. SEVERABILITY. The invalidation of restrictions by any court of competent jurisdiction or of the other provisions, which shall be independent and effect. Executed this /01 day of D WILLIAM F. RECTOR, Jr. TRl r r By WILLIAM F. RECTOR, Jr. TEST B y shall only be used for the to violate any of the covenants ate hereof, it shall be lawful for or persons owning a lot or lots in ures pursuant to the terms of the ick City Ordinance nos. 19,241and be canceled or amended by the Lagniappe' Addition. No filed for record in the Office of one of these covenants or shall in no way affect any which shall remain in full force 'AMENTARY TRUST, RM,1.VcEJ eriib;bV t`s^ 61&f 11M llF,�=, VviC yyi�ii� .. _.. 4 ram• A STATE OF ARKANSAS) ss. COUNTY OF PULASKI ) On this day of June, 2009, before me, a qualified and acting within and for the county afori Rector, Jr. to me well known, who stated that he is RECTOR, Jr. TRUST and the WILLIAM F. RI TRUST, was duly authorized to execute the r public, duly commissioned, 1, appeared in person William F. Trustee for the WILLIAM F. Jr. TESTAMENTARY inO instrument for and in the name of and on behalf of said Trust, and further stated and ack executed, and delivered said foregoing instrument for therein mentioned and set forth. IN TESTIMONY WHEREOF, I have year aforesaid. kf�RY T�}t{�t�:: n;;�a�'�I emu'-1►�iY My commission expires L Ir 1 - k N rledged that he had so signed, consideration, uses and purpose set my hand and seal the day and 'AIRY PUBLIC