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HomeMy WebLinkAboutS-1485-A Application2005073985 Filed 2805 Recorded in AM �S3 Filed & Recorded in Official Records of PAT O'BRIEN PULASKI COUNTY CIRCUIT/COUNTY CLERK BILL OF ASSURANCE Fees $50.00 LINDA G. PFEIFER JAMES E. HATHAWAY, JR., ET AL ("GRANTORS") TO THE PUBLIC WHEREAS, the undersigned are the present owners of the following described land lying in the County of Pulaski, State of Arkansas, to -wit: (See Exhibit A attached) AND, whereas the Grantors have caused to be made a Plat, filed herewith, prepared by White-Daters & Associates, Inc. a Registered Land Surveyor, dated August 2005, showing a survey made by Paul M. White, a Registered Land Surveyor, bearing a certificate of approval executed by the City of Little Rock Planning Department and showing the metes, bounds and dimensions of that part of the property which Grantors now are desirous of subdividing and platting into a Lot and public street right-of-way and which is more particularly described as follows, to wit: (See Exhibit B attached) AND, whereas the Grantors hereby certify that they have laid off, platted, and subdivided, and do hereby lay off, plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be forever known and described as LOT 1 AND RIGHT-OF-WAY DEDICATION FOR VIEWPOINTE COVE, THE VIEWPOINTE OFFICE SUBDIVISION, an addition to the City of Little Rock, Arkansas, and conveyance of said land by lot number shown on the plat shall be considered a complete and proper description thereof. The Grantors hereby dedicate to the public forever an easement of way on and over the streets as shown by said plat, to be used as public streets. There are strips of ground shown and dimensioned on said plat marked Q tiKy. Easement', "Drainage Easement', and "Service Easement' reserved for the use f CdUNTY. �`�;: utilities, and for drainage purposes, and for public services respectively, subject at all time to the proper authorities and to the easement herein reserved. Owners of lots in this subdivision shall take their title subject to the rights of public utilities and the Public. AND, it is deemed desirable and appropriate that said property be held, owned and conveyed subject not only to existing streets, easements, and other rights -of -way of record, if any, but also subject to the protective and restrictive covenants herein contained: NOW, therefore, for and in consideration of the benefits to accrue to them, which benefits shall acknowledge to be of value, the undersigned do hereby dedicate the above described property for the following uses and purposes, and any interest in said property shall be held, owned and conveyed subject to and in conformity with the following covenants which, subject to being amended or cancelled as hereinafter provided shall be and remain in full force for a period of thirty (30) years from the date these covenants and restrictions are recorded, after which time said covenant and restrictions shall be automatically extended for successive ten year periods. I. LAND USE. Said land herein dedicated shall be held, owned and used only for office purposes. In the development and use of all or any portion of said property the owners thereof shall develop same in compliance with the zoning rules and regulations of the City of Little Rock as they apply to 0-3 zoning classification. II. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any property in this addition until the building plans, 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 Architectural Review Committee, hereinafter referred to as "ARC". The ARC shall be composed of three (3) persons appointed by Grantors. The primary purpose of said ARC shall be to prepare, publish and enforce guidelines to OA insure that proper standards of planning, design and construction are followed in the development of these properties. For the purpose of reviewing plans and specifications, the ARC may elect one of its members to exercise the full authority granted herein to the ARC as long as such authority does not conflict with any laws or ordinances of any governmental body or with any rules, regulations or directions of authorized public agencies. The granting of any approval, permit or authorization by the ARC, or by the member elected to exercise its authority, shall be final and binding. Any disapproval or any conditional approval shall also be final and binding, except that when such disapproval or conditional approval is given by the one elected member, the owner or applicant for such approval or authorization may, within ten (10) days after receipt of notice of such disapproval or conditional approval, file a written request for review by the entire ARC. When such request is submitted it shall be reviewed by the entire ARC within fifteen (15) days from such submission. No member of the ARC shall incur any personal liability by reason of the refusal of the ARC or any member thereof to approve any plans or specifications submitted hereunder. The ARC shall have the right by an instrument in writing to create a Property Owners Control Committee to be composed of not less than three (3) property owners, individual or corporate, and to transfer to such committee the authority herein reserved to the ARC. The decision of a majority of the members of the ARC or of the Property Owners Control Committee, with respect to any matter submitted hereunder, shall be final. Any submission to the ARC or to the Property Owners Control Committee for approval of a proposed development shall include: (1) A site plan, to scale, indicating the location of all proposed improvements, including, without limitations, structures, parking areas, 3 storage and maintenance areas, fencing, drainage and traffic circulation; (2) Landscape plan, to scale, indicating site topography, elevations of walks, drive and building entries, existing tree locations, proposed tree removal, and/or replacement (location and trunk diameter in conformance with the Little Rock Tree Ordinance), fencing location, size of fencing and material thereof, automatic irrigation system, and any other pertinent site treatment; (3) Building elevations, to scale, indicating all elevations of proposed structures, the location of roof or ground mounted mechanical units and the screening of same, and the specification of building materials, fences and color scheme; and (4) Sign plan, indicating design, location and details of all signs which will be visible from the exterior of any building. Approval of any proposed development by the ARC or the Property Owners Control Committee will not relieve any owner of the obligation to comply with all laws, ordinances, regulations or rules of any governmental body, nor can any owner rely upon such approval as an indication of such compliance, in no event will approval of such proposed development by the ARC or the Property Owners Control Committee crate any liability to the owner or to any third party who may seek to rely thereon. Ill. BUILDING ❑ENSITY. The following average building density requirements shall be observed: 0.35 F. A. R. F. A. R. stands for floor area ratio and is defined as the maximum allowable floor area divided by the land area. 2 IV. BUILDING LOCATION. No building shall be located on any building site nearer to the front lot line or nearer to the side street line than the minimum building set -back lines shown on any recorded plat. V. SIDEWALKS. Sidewalks shall be installed by respective owners along abutting streets as may be required by the City of Little Rock. VI. TRACT AREA AND WIDTH. No tract shall be subdivided without written consent of the Grantors until all of the lots within the VIEWPOINTE OFFICE SUBDIVISION have been sold, and thereafter either the ARC or the Property Owners Control Committee, as well as the Little Rock Planning Commission. VII. UTILITY EASEMENTS. Easements of way for streets have heretofore been donated and dedicated to the public, and the persons, firms or corporations engaged in supplying public utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water and sewer, 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. Vill. DRAINAGE. Certain easements for drainage have heretofore been dedicated with the right reserved for public authority to have free ingress thereto for the purposes of maintaining a drainage system for the entire area. No alterations or lowering of the surface grade of the ground in any easement or the area immediately adjoining such easement which would interfere with the natural drainage shall be permitted, and no trees, structures, buildings or similar improvements shall be grown, built or maintained within the area of such drainage and flood control easements. IX. PARKING. Parking space shall be maintained by each owner in compliance with current regulations of the City of Little Rock, but minimum requirements shall be as follows: 5 Office h«ildinn --- One (1) parking space for each three hundred (300) square feet of the sum of the gross areas of all floors of the building. Medical or dental clinic — One (1) parking space for each two hundred fifty (250) square feet of the total floor area of the building. X. BUILDING CONSTRUCTION TYPE. The exterior of all buildings or other structures to be erected within the addition shall be of masonry or its equivalent unless another type of material is approved by the ARC or the Property Owners Control Committee. XI. LANDSCAPING AND PROPERTY MAINTENANCE. Owners shall adequately landscape and maintain their property, including any portion of the street right of way between the property line and the curb of the adjoining street. No debris, trash, undergrowth or other unsightly material shall be allowed to accumulate on any property and all buildings and improvements shall be maintained in a safe, clean, healthful and presentable condition at all times, and shall comply in all respects with all governmental health requirements. XII. SIGNS. Billboards, posters and other off -premises advertising signs are prohibited within the subdivision. Also prohibited are roof signs and flashing or motion signs. Individual buildings may have one flush mounted wall sign. Such signs shall not exceed one percent of the fagade area upon which said signs are located. Buildings having multiple tenants may have one building attached sign for each ground floor tenant. Such signs shall not exceed ten square feet each in area. XIII. NUISANCES — POLLUTION. No noxious or offensive activity shall be carried on upon any tract nor shall anything be done thereon which may be or may become annoyance or nuisance to the addition. All property shall be used in strict compliance with all laws of the State of Arkansas and of the United States and with all ordinances and regulations of the City of Little Rock. XIV. STORAGE. No goods, equipment, supplies or other materials shall be stored in the open, except when such open storage is screened to at least six (6) feet in height by fencing, planting or other adequate visual screens from all street frontages. Any refuse or garbage areas must be screened to heights of six (6) feet. All such fencing design and material must be approved by ARC or the Property Owners Control Committee, as shall any modification thereto. XV. AMENDMENTS. Any and all covenants, provisions, or restrictions set forth in this Declaration of Covenants and Restrictions may be amended, modified, extended, changed, or cancelled, in whole or in part, by a written instrument signed and acknowledged by the owner or owners of over fifty-five (55%) percent in area of the land hereby dedicated, and approved by the Little Rock Planning Commission, and the provisions of such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. The covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect unless and until amended or cancelled as authorized hereinbefore. Provided, however, no amendment to this Declaration of Covenants and Restrictions which closes, alters, relocates or in any manner affects any easement shall be effective unless such amendment has been executed by each utility having facilities situated in such easement. XVI. SEPARABILITY. Invalidation of any restriction set forth herein, or any part thereof, by an order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. 7 IN WITNESS WHEREOF, the said owners have hereunto affixed their signatures and caused there presents to be executed and the owners have executed this instrument on the day of GRANTOR: Reviewed cnly for inclusion of minimum standards require.; by the City of Little Rock subdivision regulations. Bill of Assurance provisions established by tho developer n;ay exxed minimum regulations of the i;+ a Rock subdivision and zoning ordinances. 9�30 o City Mittle Rock Planninn Commission , 2005. M ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day personally appeared before me, the undersigned, a Notary Public, duly commissioned qualified and acting within and for the said County and State, appeared in person the within named Linda G. Pfeifer to me personally and well known (or satisfactorily proven to be), and stated she was duly authorized to execute the foregoing Bill of Assurance and further stated and acknowledged that she had so signed, executed and delivered said Bill of Assurance for the consideration, uses and purposes therein mentioned and set forth. Subscribed and sworn to thisday of �I �c�� _ 2005. Notary Public My Commission Expires: ELLEN S. KOENIG Pulaski County t s s?A'i"�r'� My Commission Expires AU U9t 18, 2010 ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day personally appeared before me, the undersigned, a Notary Public, duly commissioned qualified and acting within and for the said County and State, appeared in person the within named James E. Hathaway, Jr. to me personally and well known (or satisfactorily proven to be), and stated he was duly authorized to execute the foregoing Bill of Assurance and further stated and acknowledged that he had so signed, executed and delivered said Bill of Assurance for the consideration, uses and purposes therein mentioned and set forth. Subscribed and sworn to this day of ZaC , 2005. Notary Public My Commission Expires: -AT -2rlo ;v ELLEN S. KOENIG Pulaski County My Camrnission Expires K""� ' August 18, 2010 FXHIBIT A Legal Description Part of the E1/2 W1/2 E1/2 NE1/4, Section 20, T-2—N, R-13--W, Pulaski County, Arkansas, lying north of the north right--of—way line of Arkansas State Highway No. 10 and south of the south right—of—way line of a 100 ft. Arkansas Power and Light Company easement all more particularly described as: Beginning at the northeast corner of Lot 1, G.C.C. Addition, an Addition to the City of Little Rock, Arkansas, said corner lying on the west line of the E1/2 W1/2 E1 /2 NE1 /4, said Section 20 and the south right—of—way line of said Arkansas Power and light Company easement; thence S63'15'53"E along said south right—of—way line 344.89 ft.; thence S02'08'29"W along a line being 13.00 ft. west of and parallel with the east line of the said E1/2 W1/2 E1/2 NE1 /4, 798.77 ft. to a ioint on the north right—of—way line of said Arkansas State Highway 10; thence S83'32'37"W along said north right—of—way line 144.41 ft.; thence Westerly and continuing along said north right —of --way line being the arc of a 2009.56 ft. radius curve to the right, a chord bearing and distance of N86'18'371W, 157.85 ft.; thence N04'33'30"W continuing along said right—of—way line 12.39 ft. to a point on the west line of said E1/2 W1/2 E1/2 NE1/4; thence N01'07'12"E along said west fine, 486.25 ft. to the southeast corner of said Lot 1, G.C.C. Addition; thence N01'46'29"E and continuing along said west line and the east line of said Lot 1, 461.07 ft. to the point of beginning. containing 6.281 acres more or less. 10 2005073985 EXHIBIT B Legal Description LOT 1 Part of the E1/2 W1/2 E1/2 NE1 /4, Section 20, T-2—N, R-13—W, Pulaski County, Arkansas, lying north of the north right—of—way line of Arkansas State Highway No. 10 more particularly described as: Commencing at the northeast corner of Lot 1, G.C.C. Addition, an Addition to the City of Little Rock, Arkansas, said corner lying on the west line of the E1/2 W1/2 E1,/2 NE1/4, said Section 20 and the south right—of—way line of said Arkansas Power and Light Company easement; thence S63' 16'53" E along said south right—of—way line 344.89 ft.; thence SD2'08'29"W along a fine being 13.00 ft. west of and parallel with the east line of the said E1/2 W1/2 E1/2 NE1 /4, 798.77 ft. to a oint on the north right —of --way line of said Arkansas State Highway ,10; thence S83'32'37'W along said north right—of—way line 60.68 ft. to the POINT OF BEGINNING; thence S83'32'37"W continuing along said north right —of --way line, 83.73 ft.; thence westerly and continuing ❑long said north right—of—way line being the arc of a 2009.56 ft. radius curve to the right, a chord bearing and distance of N8618'37"W, 157.85 ft.; thence N04'33'30"W continuing along said right---of—way line 12.39 ft. to a eoint on the west line of said E1 /2 W 1 /�} E1/2 NE1 /4; thence N01'07'12 E along said west line, 200.87 ft.; thence S8751'31"E, 245.60 ft.; thence S02'08'29"W, 204.89 ft. to the point: of beginning, containing 52,272 sq. ft. or 1.2000 acres more or less. AND VIEWPOINTE COVE R/W DEDICATION Part of the E1 /2 WI/2 E1/2 NE1 /4, Section 20. T--2—N, R-13—W, Pulaski County, Arkansas, lying north of the north right—of—way line of Arkansas State Highway No. 10 more particularly described as: Commencing at the northeast corner of Lot 1, G.C.C. Addition, an Addition to the City of Little Rock, Arkansas, said comer lying on the west line of the E1/2 W1/2 E1,/2 NE1/4, said Section 20 and the south right—of—way line of said Arkansas Power and Light Company easement; thence S63'16'53"E along said south right--of--way line 344.89 ft.; thence S02'08'29"W along a line being 13.00 ft. west of and parallel with the east line of the said E1/2 W1/2 E1/2 NE1 /4, 798.77 ft. to a oint on the north right—of—way line of said Arkansas State Highway 910 and the POINT OF BEGINNING; thence S83'32'37"W along said north right —cif —way line, 60.68 ft.; thence NO2'08'29" E, 204.89 ft.; thence S87'51'31 E. 60.00 ft.; thence S0708'290W, 195.81 ft. to the point of beginning, containing 12.021 sq. ft. or 0.2760 acres more or less. CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME:THE VIEWPOINTE OFF. SUB. LOT 1&R-O-W DED. V.P. COVE 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 a p�ch list hab paredfand s�,p Engineering Specialist Date: ` JV ADDRE SING SPE IALIST'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: Sac— W�OF—;- w' 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. 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. 4� NE5 Traffic En ineer Date: �? 3D - o 5- CIVIL ENGINEER REPWRT 6 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 Date: SURVEYOR'S REPORTfx+wV v �� I have reviewed the plat and find that: All requirements r lotroval have been satisfied. Surveyor Date: 4 5 MANAGER APPROVAL All Civil Engineer' req . e ents f filing this final plat have been satisfied. Date: Cl D 2 a July 2005 City of Little Rock Planning and Development Fi•Iing Fees Date: Q J �, 20 �:r `2 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 l �ea. $ Number at Public Hearing Signs Number at ea. $ Total File No. ib ww Location Applicant �,- ¢� Byi